ADDITIONAL TERMS

Sales Tax

  • Evernovas is required to charge applicable state and local tax on every item shipped to an address in which we have an economic nexxus.   Since we sell on Amazon and utilize their fulfillment network, Evernovas has nexxus in nearly every state.   This is a federal law (Wayfair Law) and comes with strict penalties if tax is not collected. In order to obtain Tax Exempt status for orders shipped to your state, we must first receive a completed State Resale Card by mail, e-mail of FAX.  We will then setup your account to be tax exempt.  Previous website sales with tax collected are not refundable.   

Force Majeure

  • Evernovas shall not be liable for any delay in or impairment of performance resulting in whole or in part from Acts of God, labor disruptions, shortages, inability to procure product, supplies or raw materials, severe weather conditions, or any other circumstances or cause beyond the control of Evernovas in the conduct of its business

Cancellation

  • Any cancellation must be approved by Evernovas prior to order shipping, and may be subject to a 15 percent restocking fee and other charges.

  • We ship from multiple warehouse locations in different time zones, so cancellations are not guaranteed

Assignment

  • Customer shall not assign any order or any interest therein without the prior written consent of Evernovas. Any actual or attempted assignment without Evernovas's prior written consent shall entitle Evernovas to cancel such order upon notice to customer.

Modification of Terms

  • Evernovas's acceptance of any order is subject to customer's assent to all of the terms and conditions set forth in Evernovas's acknowledgment, and customer's assent to these terms and conditions shall be presumed from customer's receipt of Evernovas's acknowledgment, or from customer's acceptance of all or any part of the goods or services ordered. No addition or modification of terms and conditions shall be binding upon Evernovas unless agreed to by Evernovas in writing. If a purchase order or other correspondence contains terms or conditions contrary to the terms and conditions contained in Evernovas's acknowledgment, Evernovas's acceptance of any order shall not be construed as assent to any additional terms and conditions, nor will that constitute a waiver by Evernovas of any of the terms and conditions contained in Evernovas's acknowledgment.

Modification of Terms

  • The terms and conditions in Evernovas's forms, acknowledgments, quotations, invoices, websites, and catalog sales terms and conditions are incorporated herein by reference, and constitute the entire and exclusive agreement between customer and Evernovas.

Waiver, Choice of Law and Venue

  • The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent nonperformance of any such term or condition by the other party. All transactions shall be governed by the laws of the State of California, excluding conflict of law rules, and venue shall be in County of San Diego, State of California.If you have issues or concerns, contact us by e-mail at: [email protected] can also contact the shipping department by calling 858-909-2112.

No Third Party Benefit

  • The provisions stated above are for the sole benefit of the parties hereto, confer no rights, benefits or claims upon any person or entity not a party here to.

OSHA Hazardous Substance & California Proposition 65 Product Information

  • Material Safety Data Sheets (MSDS) for OSHA defined hazardous substances and a list of products known by the state of California to cause cancer or reproductive harm are available at your local Evernovas branch, or by contacting Evernovas, 6695 Rasha Street, San Diego, CA 92121-2241 U.S.A. The information and recommendations contained on the MSDS supplied by the manufacture is considered to be accurate and reliable. Evernovas, however, makes no warranty with respect to the accuracy of the information or the suitability of the recommendations. Evernovas disclaims any and all liability to any user.

No Warranties to Consumer

  • Evernovas makes no warranties to those defined as consumers in the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act.

Security Interest

  • On any open account sale, Purchaser hereby grants to Evernovas a priority lien, purchase money security interest and/or chattel mortgage in the products and any accounts receivable or cash from resale thereof until full payment is made to Evernovas. Purchaser agrees to file any financing statements or other appropriate documents with its governmental authorities to assure the validity, priority, and enforceability of the lien. Purchaser agrees to inform Evernovas immediately if it intends to use any import financing or has or will be granting a lien or security interest on its inventory to any third party.

Trademarks and Copyright

  • Purchaser acknowledges that it has no right, title or interest in the trademarks or copyrights in the products and covenants that it will take no action to register or otherwise interfere with such rights of Evernovas. Purchaser agrees that it will not copy the products sold to Purchaser or their packaging or trade dress.

Country of Importation

  • Purchaser represents that it is purchasing products from the United States and importing them to the country specified in Purchaser's and Evernovas's documentation. Purchaser agrees that the products will be shipped to the specified destination in compliance with the laws of such destination and the United States, and that there will be no re-export or diversion from such specified destination. If requested by Evernovas, Purchaser shall provide documentation satisfactory to Evernovas verifying delivery at the designated country. Purchaser agrees to inform Evernovas at the time of order of any NAFTA or other certificates of origin or other special documentation, packaging or product marking or labeling and Evernovas shall not be responsible for providing any such documentation, packaging, marking or labeling unless Evernovas expressly agrees.

Export and Import Licenses, Controls, Permits and Freight Forwarder

  • Not withstanding 5 above, and unless expressly agreed, Purchaser shall be responsible for obtaining and paying for any permits, licenses or other governmental authorization(s) necessary for the exportation from the U.S. or importation of the products to the designated country of importation, and it shall comply with all laws and regulations thereof. Purchaser shall select and pay the freight forwarder who shall solely be the Purchaser's agent. The freight forwarder's actions shall not be deemed authorized by, or binding upon Evernovas unless expressly agreed to by Evernovas. The Purchaser and its freight forwarder shall be solely responsible for preparing and filing the Shipper's Export Declaration. Purchaser represents and warrants that it is not on the Denied Persons, Specially Designated Nationals or Debarred Persons Lists. At the request of Evernovas, Purchaser agrees to provide copies of any export, shipping or import documents prepared by Purchaser or its agents related to Evernovas's sales to Purchaser.

Foreign Corrupt Practices Act

  • Purchaser acknowledges that it is not the agent of Evernovas and represents and warrants that it has not, and covenants that it will not, pay anything of value to any government employee in connection with the resale of the products.

Independent Contractor

  • Evernovas and Purchaser are independent contractors and not principal and agent. Purchaser is not authorized to, and shall not make any representations on behalf of, or which are binding upon Evernovas.

Governing Law ; Limitations

  • These Terms and Conditions shall be construed, interpreted and performed exclusively according to the state and federal laws, excluding conflict of law rules of the State of California, United States of America. Any legal action with respect to any transaction must be commenced within one year after the cause of action has arisen. The provisions of the Uniform Commercial Code as adopted by the State of California, and not the United Nations Convention on Contracts for the International Sale of Goods, shall apply.

Severabilty

  • If any provision of these Terms and Conditions of Sale shall be deemed illegal or unenforceable, such illegality or unenforceability shall not affect the validity and enforceability of any other legal provisions hereof which together shall then be construed as if such illegal and unenforceable provision or provisions had not been inserted herein, unless such illegality or unenforceability shall destroy the underlying business purpose of these Terms and Conditions.

Dispute Resolution

  • Actions by Evernovas for nonpayment by the Purchaser of the purchase price of products sold by Evernovas, or for redress of other breaches by the Purchaser of these terms and conditions of sale, may be brought by Evernovas, at its option, before any U.S. or foreign judicial court of competent jurisdiction. Or, at Evernovas's option, disputes between the Purchaser and Evernovas, including all claims for non-performance by Evernovas, shall be finally settled by arbitration in San Diego, CA, U.S.A. under the Commercial Rules of the American Arbitration Association, by a single arbitrator appointed in accordance with said Rules applying these Terms and Conditions and consistent provisions of the federal and state laws (except conflict of law rules) of the State of California, U.S.A.