Acceptance of Terms of Usage
ELS Productions reserves the right to make changes to this Site and to these Terms of Usage at any time without prior notice. You should review these Terms of Usage each time you access this Site.
You also agree that we may provide all legal communications and notices to you electronically by posting them on our website or, at our election, by sending an e-mail to the e-mail address you provided to us when you registered at our website. You may withdraw your consent to receive communications from us electronically by contacting customer care. However, if you withdraw your consent to receive our communications electronically, you must discontinue your use of your account.
All the terms and conditions and/or any transactions occuring online at www.elsproductions.com or by phone are subject to the laws of the State of Utah. ELS Productions is not responsible for the delay and/or damages resulting from Machinery Breakdown, Acts of God, and from other actions, both governmental and otherwise, including but not limited to war, riot, seizure, and embargo. The Buyer’s order shall be deemed an acceptance of the Seller’s terms. The Terms and conditions shall in all respects be governed by STATE OF Utah law.
All orders are subject to acceptance by ELS Productions. We reserve the right to reject any order at any time without recourse. We also reserve the right to change the price at any time even after we receive the order.
Due to the nature of the product, no returns can be made once the order is processed and/or shipped. Any claims for defects, damages, or shortages must be made in writing within two (2) business days after receipt of the merchandise. We will replace only those orders that were processed incorrectly. The replacement of the order will take place only after the receipt of returned merchandise for our inspection. We will not replace the order if it is determined by us that the order was misused or mishandle by the buyer or part of the order was used by the buyer and part of the order is being returned.
If the Buyer’s credit card is declined, ELS Productions will not process the Buyer’s order. If the order is shipped and should the Buyer’s account become delinquent, Buyer agrees to pay a monthly finance charge of 2% (annual percentage rate of 24%) on the unpaid balance. If an account goes beyond the payment term’s due date, unless specific arrangements are made, future purchases will require advance payment. In the event that ELS Productions must commence legal action to enforce any terms of this agreement, the Buyer agrees to pay reasonable legal fees and costs.
ELS Productions neither makes any explicit warranty nor imply or accepts any responsibility other than possible replacement of the products that Buyer is buying. ELS Productions may but does not guarantee the replacement of the defective product, or credit the amount of the purchase price.
Shipping terms are F.O.B. Riverton, Utah or Baldwin Park CA. ELS Productions will arrange for shipping with the carrier on behalf of the buyer. The Buyer will be fully responsible for the shipping and handling cost as shown in the order system. ELS Productions will not be responsible for the delay in delivery, loss or damage of the order while the order is with the shipping carrier.
Limitation of Liability:
ELS Productions will not be liable in contract or in tort (including negligence) to the customer for incidental or consequential damages, arising out of or resulting from anybody’s performance or nonperformance of our obligations. ELS Productions shall not be liable to anyone for any kind of financial losses, cost, expenses, damages and/or other economic damages. The Buyer agrees that the Buyer will not hold ELS Productions responsible for any and all loss, cost, expense, and damages (including legal costs) on account of any and all manner of claims, demands, actions, and proceedings that may be instituted against ELS Productions and its affiliated company (S) on grounds alleging that the said work violates any copyrights, trademarks, service marks, or is scandalous, or invades any person’s right to privacy or other personal rights.
Cancellations and Refunds:
ELS Productions Inc. will not refund any money for the orders that were shipped or were cancelled after the order was being processed. Orders placed on open account will be charged for any costs accrued by beginning production of the order if cancelled once production has begun. This may be the full amount depending on when said cancellation was received.