TERMS OF SALE:
Purchase of any products sold by Empire State Diamond shall be subject to and expressly limited by the terms and conditions contained herein. No changes to, waiver of, or addition to any of these terms and conditions shall be effective unless agreed to in writing and signed by Empire State Diamond. Buyer acknowledges and agrees that these terms and conditions supersede the terms and conditions of any purchase order or other documentation used by Buyer and, except for delivery and billing addresses, quantities, prices and items ordered, any conflicting or additional terms are void and have no effect. Subject to the preceding, for convenience purposes only, Buyer may place orders using their purchase order forms and other documentation; however, the terms and conditions stated herein shall control and prevail for purposes of the purchase.
EMPIRE STATE DIAMOND RESERVES THE RIGHT AT ANY TIME TO AMEND THE TERMS AND CONDITIONS STATED HEREIN. AT TIME OF PLACING AN ORDER, PLEASE INQUIRE ABOUT CHANGES TO SALES TERMS AND CONDITIONS STATED HEREIN. OTHERWISE, BY PLACEMENT OF THE ORDER, BUYER SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDED TERMS AND CONDITIONS. ADDITIONAL TERMS AND CONDITIONS BEYOND THOSE STATED HEREIN MAY APPLY TO CERTAIN PRODUCTS.
Empire State Diamond reserves the right to change the prices and specifications of its products at any time without notice.
PAYMENT:
Payment terms for Open Accounts are net 30 days from the date of invoice. Credit card payments will only be accepted for the full amount of the purchase. The credit card payment will have to clear before product is shipped. Any credit card used must be that of Buyer or Buyer’s company. No third party credit cards will be accepted. Buyer’s obligation to pay outstanding invoices and all other amounts due and owing is absolute and unconditional and shall not be subject to any abatement, reduction, set-off, defense, counterclaim, interruption, deferment, recoupment or otherwise any reduction and/or delay in payment regardless of the reason. Buyer is not eligible for any discounts if any invoice is past due. Payments made to Empire State Diamond will be applied to the oldest invoice first with no exception. If a check remitted for payment is returned for any reason, including but not limited to, for insufficient funds, Buyer will be charged an additional thirty dollar ($30.00) handling charge per check. Any disputed amounts should be reported immediately along with remittance of the undisputed amount by the invoice due date. If Empire State Diamond agrees with Buyer’s dispute claim, Empire State Diamond will credit Buyer the appropriate amount. Empire State Diamond reserves the right in its sole discretion to require prepayment from any Buyer at any time and may refuse to sell and/or withhold further shipment until all overdue balances are paid. Buyer shall be liable for and shall reimburse Empire State Diamond for all costs and expenses incurred in connection with collection efforts of any amounts due and owing and/or to enforce of its rights, including without limitation, reasonable attorney’s fees and expenses, court costs, and costs of collection agencies.
MISCELLANEOUS:
Empire State Diamond shall not in any event be liable to Buyer for any indirect, incidental, special, punitive or consequential damages (including any damage for lost income, revenues and/or profits), or otherwise arising out of or in connection with furnishing of products, parts or service hereunder or the performance, use of, or inability to use any products, parts or service, or otherwise, whether based in contract, warranty, tort, including without limitation, negligence, or any other legal or equitable theory. Empire State Diamond’s total liability for any claim or action shall not exceed the purchase price of the product(s) in connection with the claim or action.
SHIPPING:
Empire State Diamond will schedule and prepay for delivery via standard delivery method with a freight carrier of its choosing. Shipping charge will be billed on customers’ invoice.
SPECIAL PROMOTIONS:
Any “Special Promotions” offered by Empire State Diamond where promotional gift items are given in exchange for agreed-upon purchase of product shall be approved in writing by Buyer’s authorized Purchasing Agent prior to order being executed by Empire State Diamond. Upon approval by Buyer’s Purchasing Agent all orders for promotional packages shall be pre-paid by either a company credit card or by a company check. Product ordered & paid for with a credit card shall be shipped once credit card payment clear Empire State Diamond Bank Account. All promotional gift items will be shipped within SEVEN (7) business days from credit card payment clearing Empire State Diamond Bank Account. Product ordered & paid for with a company check will be shipped upon receipt of check. All promotional gift items for such orders shall be shipped within TEN (10) Business Days after check is received & deposited by Empire State Diamond. All such promotional sales are final. Any and all product and promotional items included in such special promotions are not eligible for any returns or refunds.
RETURN POLICY:
Only new/unused STOCK items may be returned. Returns on special order and/or custom items are not accepted. All requests for return of products purchased from Empire State Diamond must be made within ONE (1) MONTH (30 days) from date of purchase. All returns must be accompanied with a clearly marked Return Authorization Number issued by Empire State Diamond. All new/unused product returns are subject to a 15% restocking change.
All returns must be delivered to the below address along with the following information:
Empire State Diamond, Inc., 2054 Vista Parkway, Suite #400, West Palm Beach FL 33411
Invoice number; Return Authorization Number; and Reason for return
WARRANTY:
Empire State Diamond warrants products sold against defects in materials and workmanship under normal use for a period of THREE (3) MONTHS from the date of purchase. NORMAL WEAR AND DAMAGE RESULTING FROM ABUSE, MISUSE AND/OR USE OF THE PRODUCT FOR UNINTENDED APPLICATION IS NOT COVERED UNDER THIS WARRANTY. Empire State Diamond liability is strictly limited to repair or replacement of the defective product.
TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLI- CABLE LAW, EMPIRE STATE DIAMOND SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANT IES AGAINST HIDDEN OR LATENT EFFECTS. IF EMPIRE STATE DIAMOND CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS EXPRESS WARRANTY AND TO REPAIR OR REPLACEMENT SERVICE AS DETERMINED BY EMPIRE STATE DIAMOND IN ITS SOLE DISCRETION.