TERMS & CONDITIONS
Guarantee of Satisfaction
We are proud of eSpecialNeeds’ reputation for the highest quality products. If you are not completely satisfied with any item, please call us within 30 days of receipt and we will provide instructions on returning the item for full credit or refund. All returned items must be in new, resalable condition, and customer is responsible for properly packing and shipping the item being returned. Customer is responsible for all return shipping costs, unless customer received defective merchandise, incorrect merchandise due to eSpecialNeeds’ error, or the product is being returned under warranty.
Statement of Policy
eSpecialNeeds designs, manufactures and sells equipment only for supervised treatment activities. The equipment must not be used for recreation or any unsupervised activity. It is the purchaser’s and user’s sole responsibility to see that the equipment is safely installed, inspected, used appropriately, and removed and stored when not in use.
Equipment should not be altered, modified or changed in any fashion. Instruction sheets are included with each piece of equipment and are critical to the user’s understanding and safe use of the product. If instruction and safety sheets are not provided, please contact eSpecialNeeds and we will immediately send these to you at no charge, or direct you to the location on our website where they can be downloaded.
One Year Limited Written Warranty
eSpecialNeeds warrants that all products shall be free from manufacturing defects for a period of one year from the date of shipment. THERE ARE NO OTHER EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. Customer must notify eSpecialNeeds of any alleged manufacturing defect within five days of discovery of the defect. Upon a determination by eSpecialNeeds that the product is defective, eSpecialNeeds’ sole and exclusive obligation shall be to provide the customer with a replacement product or a full refund of the purchase price, at the sole discretion of eSpecialNeeds. In no event shall eSpecialNeeds by liable for any costs, expenses, attorneys’ fees, lost profits, injuries to persons or property, indirect, consequential, incidental or punitive damages, or for any other loss or damage except as expressly set forth herein. In the event that the product includes a warranty from the manufacturer, customer’s sole recourse shall be against the manufacturer. This warranty shall govern all purchases, notwithstanding any inconsistent terms and conditions of customer’s purchase order.
All products will wear with use, and this warranty does not cover conditions, damages or failures due to normal wear and tear, and eSpecialNeeds recommends that the purchaser establish a regular inspection program of all equipment to guard against injury. Any alteration, abuse, misuse, tampering, improper repair, negligence or use of the equipment in a manner inconsistent with common sense and/or the instruction or safety sheets is not covered under this warranty and may, in the sole discretion of eSpecialNeeds, void any warranty.
Use of suspended equipment or hardware outdoors should be avoided, and any such use may, at eSpecialNeeds’ sole discretion, void all warranties.
Limitation of Liability
Our products are intended for use solely by trained professionals. Although we use the finest materials from the finest suppliers, we cannot guarantee freedom from injury. The purchaser and user assume all risk of injury from the use of our products, as well as for corresponding injury to anyone. All merchandise is sold under this condition, and no representative of eSpecialNeeds has authority to waive it.
Although we try to make each eSpecialNeeds product fun to use, therapy is a serious business. Our products are not designed to be used for unsupervised play. Even a simple piece of equipment can be dangerous if used improperly, and OUR PHOTOS AND SUGGESTIONS ARE NOT INTENDED TO BE RECOMMENDATIONS OR ENDORSEMENTS FOR ANY ACTIVITY. It is up to the purchaser and user to determine whether a given activity is safe and appropriate for the client or situation, and eSpecialNeeds does not imply or represent that any given product is safe for any given application, and by offering a product for sale, eSpecialNeeds states only that it has tested and approved the product.
Throughout the catalog, we provide a recommended maximum working load for each product. Working load is the combined weight of the client, plus the equipment, plus the force created by motion (e.g., bouncing, spinning, rotating). Please do not exceed this maximum, and if you have questions about your needs or application, please consult with a professional, or contact us for suggestions and/or recommendations.
This document contains the entire agreement between eSpecialNeeds and customer, and constitutes the final, complete and exclusive expression of the terms of the agreement, and all prior written or oral communications, agreements, forms, or negotiations are merged into this agreement. No additional contrary terms or modifications may be made to this agreement except by written instrument signed by one of eSpecialNeeds’ officers or directors, and no other employee of eSpecialNeeds is authorized to modify the terms of this agreement.
In the event that any provision hereof shall violate any applicable statute, ordinance or rule of law, such provision shall be ineffective to the extent of such violation without invalidating any other provision hereof.
Neither party may assign any of its rights or obligations hereunder without the prior written consent of the other, except that eSpecialNeeds shall have the right to assign them to any entity with which it is affiliated or to any entity into which it may be merged, or eSpecialNeeds may assign them to any entity for purposes of pursuing collection.
Pricing and Product Availability
We ship the latest design model available at the current price. However, pricing and product availability is subject to change without notice. Prices are F.O.B. point of shipment, and do not include charges for installation, insurance, delivery, sales, use or other taxes. If we do not collect taxes from the customer and are later asked or required to do so by a taxing authority, eSpecialNeeds reserves the right to demand payment from the customer, to be paid to eSpecialNeeds or directly to the taxing authority.
Photo Distribution Policy
All photographs contained in this catalog are the property of eSpecialNeeds or the product manufacturer, and are protected under U.S. Copyright law. We are happy to loan product images for restricted use; however, written permission from eSpecialNeeds is required before utilizing photographs or images in any way.
This document and the sale of all products shall be governed by and construed in accordance with the laws of the State of Missouri. Customer agrees that the exclusive jurisdiction and venue for any dispute arising under this agreement or the sale of products by eSpecialNeeds shall be in the Circuit Court of the County of St. Louis, Missouri. In the event of any legal action, customer shall be responsible for all costs and attorneys’ fees incurred by eSpecialNeeds.
Damaged or short shipments must be reported within five days of receipt. If shipment arrives damaged or in a damaged box, please note the damage and have the driver sign for it, acknowledging the damage. Then contact eSpecialNeeds within five days so that we can begin the process of making an insurance claim and enter an order to replace the merchandise. Please save the container and merchandise for inspection.
Payment, Credit Policy, Terms
We accept payment by check (payable to eSpecial Needs), money order, Visa, American Express, Master Card or Discover. We do not ship C.O.D. For international customers, all payment must be submitted in US Dollars. Wire transfers are subject to a $16 processing fee.
Public schools, government agencies, and other credit worthy institutions qualify for open accounts when using an authorized purchase order. Invoices are payable in Net 30 days. To open an account, please provide three trade references and banking information.
Send all remittance to: eSpecial Needs, 11469 Olive Blvd., Box #198, St. Louis, MO 63146 USA. Returned checks are subject to a $25.00 fee and eSpecial Needs reserves the right to withhold shipment of pending orders on overdue accounts. Overdue invoices shall bear interest at the rate of 1½% per month, and customer is responsible for all costs of collection, including reasonable attorneys’ fees.
Shipping & Freight
In stock items typically ship by ground parcel shipping within 2 working days of order acceptance. Items shipped motor freight carrier and drop shipments may require up to 10 days of order acceptance to ship. If an item cannot ship within 30 days, we will notify the customer for further instructions. Some items, such as adaptive equipment, may have a longer lead time to ship. It is recommended to order long lead time items 4-6 weeks in advance of desired delivery date. Each ship date is approximate, and we shall not responsible for any damages of any kind resulting from any delay in shipment or delivery of any products.
Shipping services are provided by FedEx Ground. For orders shipped within the 48 contiguous states, the shipping and handling charge is the greater of $8.95 or 15% of the order total (less any items marked with Free Shipping).
We welcome direct orders from international customers on a payment (including shipping and handling) with order basis. Customs, duties and VAT’s are excluded and the responsibility of the customer. Payments must be made in U.S. Dollars. You may contact us by email or fax for a complete quote with product costs and shipping costs. Your order will not be processed, billed and shipped until you provide authorization accepting the total costs for the order.
Larger items must ship by motor freight and are designated with the prefix “T” on our part numbers. We will generate multiple quotes for the best ship rate. Customers will be notified of these charges to approve prior to shipping. Additional charges may apply if you require lift-gate service (for locations without a loading dock), inside delivery or residential delivery.