Terms and Conditions of Sale

This Agreement contains the terms and conditions that apply to your purchase from the EsseCore.com and / or EsseCore L.L.C., entity named on the invoice ("EsseCore, L.L.C.") that will be provided to you ("Customer") on orders for products sold globally. By accepting delivery of the products described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. These terms and conditions apply (i) unless the Customer has signed a separate, formal purchase agreement with EsseCore, L.L.C., and / or EsseCore.com, in which case the separate agreement shall govern; or (ii) unless other standard terms apply to the transaction. These terms and conditions are subject to change without prior written notice at any time, at EsseCore.com and / or EsseCore LLC’s sole discretion.

1. Other Documents. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and EsseCore, LLC.

2. Governing Law. This agreement and any sales shall be governed by the laws of the State of California, without regard to conflicts of laws rules.

3. Payment Terms; Orders; Quotes; Interest. Terms of payment are within EsseCore, LLC’s sole discretion, and unless otherwise agreed to by EsseCore, L.L.C, payment must be received by EsseCore, L.L.C., prior to EsseCore LLC’s acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by EsseCore, LLC. Invoices are due and payable within the time period measured from the date of the invoice. EsseCore, LLC may invoice parts of an order separately. Orders are not binding upon EsseCore, LL.C until accepted by EsseCore, LLC Any quotations given by EsseCore, L.LC will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.

4. Title; Risk of Loss. Title to products passes from EsseCore, LLC, to Customer on shipment from EsseCore, LLC’s  facility. Loss or damage that occurs during shipping by a carrier selected by EsseCore, LLC, is EsseCore LLC’s responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Title to software will remain with the applicable licensor(s).

5. Warranties, Disclaimers. EsseCore, L.L.C., disclaims all warranties, express or implied including without limitation implied warranties  of merchantability and fitness for a particular purpose. In addition to these Terms and Conditions, customer agrees to be bound by the acceptance of contract terms contained elsewhere in this site.

6. Return Policies. EsseCore, LLC’s products that are purchased directly from EsseCore, LLC by an end-user Customer, and may be returned by Customer in accordance with EsseCore LLC’s Return Policies in effect on the date of the invoice.

7. Products. EsseCore LLC’s policy is one of on-going product update and revision. EsseCore, LLC may revise and discontinue products at any time. Prices and promotions are subject to change without notice.

8. Arbitration. Any claim, dispute or controversy (whether in contract, tort, or otherwise, whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims) against EsseCore, LLC its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, "EsseCore, LLC") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), EsseCore, LLC’s advertising, any related purchase, including the validity of this arbitration clause shall be resolved exclusively and finally by binding arbitration administered by the National Arbitration Forum (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com , or via telephone at 1-800-474-2371). The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between Customer and EsseCore, LLC. The arbitration shall be held in Los Angeles, California, at a specified location, by telephone, or online. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Information may be obtained and claims may be filed at any office of the NAF or at P.O. Box 50191, Minneapolis, MN 55405.

9. Applicable Law; Not For Resale. Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own internal use only, and not for resale. EsseCore, LLC has separate terms and conditions governing re-sales.

10. Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.

11. Acceptance. By ordering any product from EsseCore, LLC, whether by clicking through over the internet, telephone, facsimile or otherwise, the customer agrees to be bound by these Terms and Conditions of Sale, as well as the "Acceptance of Contract Terms” contained elsewhere in the EsseCore, LLC site.