Edwards Automation and Design LLC
Website: www.emationdesign.com
Last Updated: March 6, 2025
Welcome to emationdesign.com (the "Website"), operated by Edwards Automation and Design LLC ("we," "us," or "our"), located at 5101 College Blvd., Farmington, NM 87402, USA. These Terms and Conditions ("Terms") govern your access to and use of our Website, as well as the purchase and use of our industrial panels designed for the oil and gas industry (the "Products"). By accessing our Website or purchasing our Products, you agree to be bound by these Terms. If you do not agree, please do not use the Website or purchase our Products.
1. Use of the Website
1.1 Eligibility: You must be at least 18 years old and legally capable of entering into contracts to use this Website or purchase Products.
1.2 Permitted Use: You may use the Website solely for lawful purposes, such as browsing, contacting us, or purchasing Products.
1.3 Prohibited Actions: You may not: (a) use the Website to harm, disrupt, or interfere with our systems; (b) reproduce, copy, or distribute Website content without permission; (c) attempt to gain unauthorized access to our systems; or (d) use the Website for any illegal activity.
1.4 Account Responsibility: If you create an account, you are responsible for maintaining the confidentiality of your login details and all activities under your account.
2. Product Orders and Sales
2.1 Product Description: We sell industrial panels designed for oil and gas applications. While we strive for accuracy, product descriptions, images, and specifications on the Website are for informational purposes and may not be exact.
2.2 Pricing: All prices are in U.S. dollars (USD) and exclude taxes, shipping, or additional fees unless stated otherwise. We reserve the right to change prices without notice, though this will not affect confirmed orders.
2.3 Order Process: Orders are subject to acceptance by us. We may refuse or cancel an order for any reason, including product unavailability, pricing errors, or suspicion of fraud.
2.4 Payment: Payment is due at the time of order unless otherwise agreed in writing. We accept [insert accepted payment methods, e.g., credit cards, bank transfers—specify if known]. Late payments may incur fees or interest as permitted by law.
2.5 Shipping: Shipping terms (e.g., FOB destination or origin) will be specified at checkout or in a separate agreement. Risk of loss transfers to you upon delivery.
2.6 Returns and Refunds: Products are custom-made and non-returnable unless defective or not as ordered. Contact us at bedwards@emationdesign.com (mailto:bedwards@emationdesign.com) within 7 days of delivery to report issues. Refunds or replacements are at our discretion.
3. Intellectual Property
3.1 Ownership: All content on the Website (e.g., text, images, logos, designs) is owned by Edwards Automation and Design LLC or our licensors and is protected by U.S. and international copyright, trademark, and other laws.
3.2 Limited License: You are granted a non-exclusive, non-transferable license to access and use the Website for personal or business purposes related to purchasing our Products. You may not copy, modify, or distribute our content without written permission.
3.3 Trademarks: "Edwards Automation and Design" and our logo are trademarks of Edwards Automation and Design LLC. Unauthorized use is prohibited.
4. Warranties and Disclaimers
4.1 Product Warranty: We warrant that Products will be free from material defects for [insert warranty period, e.g., 1 year] from delivery, under normal use. This warranty does not cover misuse, improper installation, or modifications.
4.2 Disclaimer: Except as expressly stated, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. The Website and Products are provided "as is." We do not guarantee the Website will be uninterrupted, secure, or error-free.
4.3 Oil and Gas Use: You are responsible for ensuring our Products meet your specific oil and gas project requirements and comply with applicable industry standards.
5. Limitation of Liability
5.1 Cap on Liability: To the fullest extent permitted by law, our total liability for any claim arising from these Terms, the Website, or Products shall not exceed the amount you paid us for the Product in question.
5.2 Exclusion: We are not liable for indirect, incidental, consequential, or punitive damages (e.g., lost profits, downtime), even if advised of their possibility.
5.3 Force Majeure: We are not liable for delays or failures due to events beyond our control (e.g., natural disasters, supply chain disruptions, or government actions).
6. Indemnification
You agree to indemnify, defend, and hold harmless Edwards Automation and Design LLC, its officers, employees, and affiliates from any claims, losses, or damages (including legal fees) arising from your use of the Website, violation of these Terms, or misuse of our Products.
7. Termination
We may suspend or terminate your access to the Website or cancel orders at our discretion, with or without notice, for violations of these Terms or other lawful reasons. Sections 3, 4, 5, 6, and 9 survive termination.
8. Governing Law and Dispute Resolution
8.1 Governing Law: These Terms are governed by the laws of the State of New Mexico, USA, without regard to conflict of law principles.
8.2 Disputes: Any disputes arising from these Terms or your use of the Website shall be resolved through negotiation. If unresolved, disputes will be submitted to binding arbitration in Farmington, NM, under the rules of the American Arbitration Association. You waive any right to a jury trial or class action.
8.3 Jurisdiction: If arbitration is inapplicable, you agree to the exclusive jurisdiction of state or federal courts in San Juan County, New Mexico.
9. Changes to These Terms
We may update these Terms at any time by posting the revised version on this page with an updated "Last Updated" date. Continued use of the Website or purchase of Products after changes constitutes acceptance of the new Terms.
10. Miscellaneous
10.1 Entire Agreement: These Terms, along with any order confirmations or separate agreements, constitute the full agreement between you and us, superseding prior agreements.
10.2 Severability: If any provision is found invalid, the remaining provisions remain enforceable.
10.3 No Waiver: Our failure to enforce any right does not waive it.
10.4 Assignment: You may not assign these Terms without our consent; we may assign them freely.
11. Contact Us
For questions, concerns, or to report violations of these Terms, contact:
Edwards Automation and Design LLC
5101 College Blvd., Farmington, NM 87402, USA
Email: bedwards@emationdesign.com (mailto:bedwards@emationdesign.com)