Agreement to Terms and Conditions
All products and services furnished by Epic Eye, Inc. (“Epic Eye”) are sold subject to the terms and conditions stated herein and those set forth on Epic Eye’s Purchase Order, Membership Subscription Agreement or other relevant agreement provided by Epic Eye. No other terms or conditions in any purchase order or other documentation provided by the Customer that conflict with or adds to the terms and conditions herein shall be binding on Epic Eye. Epic Eye, in its sole discretion, shall have the right to change the terms and conditions and/or policies stated herein at any time without notice to the customer. The customer’s authorization for, or acceptance of, delivery of products and services hereunder shall be deemed acceptance of the terms and conditions in effect at such time.
Product and Services
Epic Eye shall retain all right, title and interest in and to all Epic Eye intellectual property (including but not limited to trade secrets, trademarks, patents and copyrights) and Customer shall not use any of Epic Eye’s art portfolio or intellectual property except as expressly approved in writing and in advance by Epic Eye. Customer shall not take any action and shall not enter into any agreement or arrangement contesting, impairing, or negatively affecting Epic Eye’s art portfolio or the rights of Epic Eye in and to Epic Eye’s intellectual property.
Pricing and Acceptance
Customers can order Epic Eye’s products and services directly from Epic Eye or a contractor authorized by Epic Eye. Epic Eye’s prices and product specifications are subject to change without notice. Complete order information must be received before orders will be accepted and production begins. If project or shipping date requested is more than 120 days from the date of order, Epic Eye shall have the right to use retail prices in effect at the time of shipment unless a prior, written exception has been issued. All orders are subject to acceptance by Epic Eye. Accepted orders may not be withdrawn or amended unless agreed upon by Epic Eye. Telephone orders are effective upon written confirmation by Epic Eye.
Prices, Shipping, Handling & Applicable Taxes:
All prices, shipping & handling, and applicable taxes are all quoted and payable in US dollars for US domestic delivery only. Shipping charges apply to all orders. Additional shipping charges will apply to those orders which originate in Alaska, Hawaii, Puerto Rico, or any other international destination. Shipping charges may be adjusted after Checkout. Customs and Duty charges may be assessed by your country's customs office upon delivery. In accordance with regulations of the State of Illinois, applicable sales tax (7.0%) is automatically calculated based on order value for shipments to residents of Illinois. All prices are exclusive of any applicable taxes and shipping costs. Customer is required to provide EPIC EYE with evidence of their tax status. Freight on outbound shipments will be added to your invoice. All return shipments sent to Epic Eye must be sent prepaid.
Payment Types Accepted:
Epic Eye accepts payment in the form of credit cards, money orders, certified checks, cashiers checks, wire transfers, personal checks and business checks as follows:
- Credit Cards are only accepted for orders under $1,400.00.
- Money Orders, Certified Checks, Cashiers Checks, & Wire Transfers, are accepted for orders in excess of $1400.00 with immediate order processing upon receipt.
- Personal Checks & Business Checks are accepted with Order Hold upon receipt for 7 business days prior to processing.
Terms of Payment and Guarantee:
By signing the Purchase Order and/or Membership Subscription Agreement, you agree to pay, in full, the purchase price, shipping, and all other charges related to the products and services purchased. If you select Credit Card as your Payment Type, you expressly authorize Epic Eye to charge your credit card for all such amounts. If a customer’s account becomes delinquent, Epic Eye, at its sole discretion, will stop subscription service, charge interest charges on overdue amounts at the rate of one and one-half percent (1.5%) per month, eighteen percent (18%) per year. Non-payment of any invoice for over thirty (30) days constitutes breach of the terms and conditions and relieves Epic Eye of its responsibilities defined herein for delivery and limited warranty. Failure to pay for any product or service purchased or obtained via any payment type, for any reason, may result in legal action against you. If such legal action is necessary, Epic Eye is entitled to recover in full the product or service sold or obtained, and any and all charges applicable to this transaction, including, but not limited to, any collection and courts costs and/or attorney's fees. Epic Eye shall have no liability or other responsibility to customer for any financing arrangements (including but not limited to loans) made by customers with third party lenders to purchase products from Epic Eye.
Epic Eye ships products using carriers selected by Epic Eye. Every effort is made to ensure prompt processing and delivery of orders. However, no responsibility is assumed by Epic Eye for any delay or for the non-delivery by the carrier. All sales are FOB point of shipment. Title to products (subject to Epic Eye’s rights as an unpaid seller) shall pass to customer upon delivery to the carrier for shipment to customer. Epic Eye is not responsible for damage or shortages that occur in transit or storage. All products must be handled and used in strict compliance with the labeling, package insert instructions, user manuals, and any other instructions or guidelines Epic Eye may publish or communicate to customer in the future. Epic Eye reserves the right to make delivery of products ordered by customer in installments, with each shipment being treated as a separate transaction hereunder.
Claims and Returns:
Customer must note any damage or shortage on the carrier's delivery receipt. The Customer must file claims directly with the carrier. Claims against Epic Eye for errors, defects, and shortages must be in writing and be made within five (5) days of delivery. Returns will not be accepted without written consent and shipping instruction from Epic Eye. Customer's sole remedy for any breach of this contract is repair or replacement at the option of Epic Eye, of nonconforming goods.
Moving Murals artwork is handcrafted, personalized, and made to order. Therefore cancellations and returns are not accepted under any circumstances.
Some of the materials used to create Moving Murals are products of nature and slight variations may occur with woods, stones, and metals. Cancellations or returns for natural product variations or small imperfections are not accepted under any circumstances.
No Waiver; Repossession of Property:
Epic Eye’s waiver of any term or breach herein shall not be deemed a waiver of Epic Eye’s right to seek compliance of that term or any other term thereafter. Upon any breach of these Terms and Conditions by any Residential or Commercial Customer, Customer agrees that Epic Eye may immediately, without notice, enter into or upon Customer’s premises and take possession of any product belonging to Epic Eye, including without limitation, Epic Eye’s art portfolio.
Governing Law; Venue:
These terms and conditions shall be governed by and interpreted in accordance with the laws of the State of Illinois, without regard to conflict of laws principles. Customer agrees that any dispute related to these terms and conditions shall be submitted to binding arbitration under the rules and regulations of the American Arbitration Association. Epic Eye may bring a legal action for an injunction or other equitable relief in any appropriate jurisdiction against a customer without the need to post bond or other secured interests.
Any change or modification to the terms and conditions specified herein must be in writing and signed by the owner of Epic Eye. Except and expressly specified herein, any other terms or conditions, including any accompanying the products, purchase orders, sales agreements, installation documents and the like, or any verbal assurances by sales representatives or distributors, shall not serve to vary any term or condition specified herein.
Epic Eye warrants that its products will conform to their written specification and will be free from defects in materials and workmanship at the time they are shipped to the customer. The customer shall examine all products promptly upon receipt thereof. The limited warranty does not cover a defect that has resulted from improper installation, handling, use, maintenance, or exposure to environmental elements, water, dust, UV light, chemicals, solvents, radiation, excessive voltage, nor will Epic Eye cover any accidents or damage resulting from a third party.
Epic Eye limited warranty for parts and product:
- One year limited warranty on Moving Mural play back systems
- One year limited warranty on LED Monitors / Projectors
- One year limited warranty on Power Supplies
- One year limited warranty on Solid State Drives
Epic Eye’s sole obligation under this warranty is limited to correcting or replacing, at its option, any product or parts that shall be returned to Epic Eye, transportation prepaid. If Epic Eye is satisfied that the equipment was originally defective Epic Eye will pay shipping of replacement parts. Epic Eye does not cover shipping from Customer to Epic Eye. Epic Eye is not responsible for disassembly or reinstallation charges.
This warranty shall not apply to any equipment or parts (1) which must be replaced because of normal wear; (2) which have been subject to misuse, negligence, or accident; or (3) which have been altered by someone other than Epic Eye.
This warranty is in lieu of all other warranties, expressed or implied, including warranties of merchantability and fitness for a particular purpose, and no person is authorized to give any further warranties on behalf of Epic Eye unless such warranty is in writing and signed by the owner of Epic Eye.
This limited warranty is fully transferable with the original proof of purchase. Maximum liability for Epic eye shall not exceed the purchase price of the product.
For warranty service or additional information please contact Susan Rees at Epic Eye:
110 Gillman St - Washington IL - USA 61571
Toll Free: 1 855 EPIC EYE / 1 855 374 2393
Fax: 1 (855) 874 4753
Limit of Liability:
Epic Eye shall have no liability whatsoever for damage or injury to persons or property, or for other loss or injury resulting from any cause whatsoever arising out of or related to the product or non-conformity with warranty. In no event will Epic Eye be liable to customer or any other person for any indirect, special, incidental, consequential or other damages or injury for any reason based on any theory of liability.
THIS IS A LEGAL AND BINDING DOCUMENT. By signing the quote and initialing the Terms of Sale you authorize Epic Eye, to begin production of your product. We require a 100% payment of the purchase order for all jobs. If your company is tax exempt, please provide resale certificate or tax exempt letter. If for any reason this order is changed, delayed, or canceled you will be held responsible for all related costs.
This Agreement sets forth and contains the entire agreement with regard to the matters set forth herein between Customer and EPIC EYE. There are no promises, terms, conditions, or obligations other than those contained herein. This Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between and among the parties. The paragraph headings inserted in this Agreement are for convenience only, and shall not be taken into account in the interpretation of this Agreement. They do not purport to define, limit, or extend the scope or intent of the language of the sections and the paragraphs to which they pertain. You agree that in the event any portion of this Agreement is found to be unenforceable, the remainder of the Agreement shall remain in full force and effect.