Terms and Conditions

 Last Updated: June 10, 2025

Welcome to emationdesign.com (the “Website”), operated by Edwards Automation and Design (“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 products and services we provide, including electrical engineered design, controls and automation, and manufacturing of programmable logic panels, variable frequency drives, junction boxes, and power distributors (collectively, the “Services”).

By accessing our Website or using our Services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our Website or Services.
 

 
1. Acceptance of Terms
 
By accessing or using our Website or Services, you confirm that you:
  • Are at least 18 years of age or have the legal authority to enter into contracts.
  • Have read, understood, and agree to be bound by these Terms and our Privacy Policy. 
  • Will comply with all applicable laws, regulations, and industry standards when using our Website or Services.
These Terms apply to all users, including visitors, clients, and business partners.
 

 
2. Services Provided
Edwards Automation and Design provides the following Services:
  • Electrical Engineered Design: Custom design of electrical systems for industrial, commercial, or other applications.
  • Controls and Automation: Development and implementation of automation systems, including programmable logic controllers (PLCs).
  • Manufacturing: Production of programmable logic panels, variable frequency drives (VFDs), junction boxes, and power distributors.
  • Consulting and Support: Technical consulting, project management, and customer support related to our Services.
All Services are subject to separate agreements, contracts, or purchase orders, which may include additional terms specific to the project or product. In case of conflict between these Terms and a specific contract, the contract shall prevail.
 

 
3. Use of the Website
 
3.1 Permitted Use
You may use the Website to:
  • Learn about our Services.
  • Request quotes or contact us via forms or email (info@emationdesign.com).
  • Access resources or content we provide (e.g., technical specifications, brochures).
3.2 Prohibited Use
You agree not to:
  • Use the Website for any unlawful or unauthorized purpose.
  • Attempt to gain unauthorized access to our systems, servers, or networks.
  • Interfere with the Website’s functionality, including introducing viruses, malware, or other harmful code.
  • Copy, modify, or distribute content from the Website without our prior written consent.
  • Use automated tools (e.g., bots, scrapers) to extract data from the Website.
  • Engage in any activity that disrupts or imposes an unreasonable burden on our infrastructure.
We reserve the right to terminate or restrict your access to the Website for any violation of these Terms, without notice.
 

 
4. Orders and Payments
 
4.1 Ordering Services or Products
  • Orders for Services or products (e.g., PLCs, VFDs, junction boxes) are subject to acceptance by Edwards Automation and Design.
  • We may require a signed contract, purchase order, or deposit before commencing work.
  • All orders are subject to availability and confirmation. We reserve the right to refuse or cancel orders at our discretion, with notice to you.
4.2 Pricing
  • Prices for Services or products are as quoted in writing or as agreed in a contract. Prices exclude taxes, shipping, or additional fees unless otherwise stated.
  • We reserve the right to adjust prices due to changes in material costs, labor, or other factors, with prior notice.
4.3 Payment Terms
  • Payments must be made in accordance with the terms specified in the contract or invoice.
  • Payments are processed through secure third-party payment processors. We do not store your payment information.
  • Late payments may incur interest or fees as specified in the contract or as permitted by law.
4.4 Cancellations and Refunds
  • Cancellations of orders or Services are subject to the terms of the applicable contract.
  • Refunds, if applicable, will be processed in accordance with the contract or as required by law. Custom products or Services (e.g., bespoke PLCs) may not be refundable.

 
5. Intellectual Property
 
5.1 Website Content
  • All content on the Website, including text, images, logos, designs, and technical specifications, is owned by Edwards Automation and Design or its licensors and is protected by copyright, trademark, and other intellectual property laws.
  • You may not reproduce, distribute, modify, or create derivative works from Website content without our prior written consent.
5.2 Deliverables
  • Intellectual property rights in deliverables (e.g., designs, schematics, or manufactured products) are governed by the terms of the specific contract or agreement.
  • Unless otherwise agreed, we retain ownership of all intellectual property in our designs, processes, and proprietary technology. You may be granted a limited, non-exclusive license to use deliverables for their intended purpose.

 
6. Confidentiality
Any confidential information shared between you and Edwards Automation and Design (e.g., project specifications, proprietary data) will be protected under the terms of a separate non-disclosure agreement (NDA) or contract, if applicable. We will not disclose your confidential information to third parties except as necessary to provide Services or as required by law.
 

 
7. Warranties and Disclaimers
 
7.1 Warranties
  • We warrant that our Services and products will be provided with reasonable care and skill, in accordance with industry standards and the terms of the applicable contract.
  • Products manufactured by us (e.g., PLCs, VFDs, junction boxes) are warranted against defects in materials and workmanship for the period specified in the contract or product documentation, subject to proper use and maintenance.
7.2 Disclaimers
  • Website: The Website is provided “as is” and “as available.” We do not warrant that the Website will be uninterrupted, error-free, or free from viruses or harmful components.
  • Services and Products: Except as expressly stated in a contract, we make no warranties, express or implied, including warranties of merchantability or fitness for a particular purpose, to the extent permitted by law.
  • Third-Party Components: Products incorporating third-party components (e.g., VFDs supplied by external manufacturers) are subject to the warranties provided by those third parties.

 
8. Limitation of Liability
To the maximum extent permitted by law, Edwards Automation and Design, its officers, employees, or agents shall not be liable for:
  • Any indirect, incidental, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising from your use of the Website or Services.
  • Any damages exceeding the amount paid by you for the specific Service or product giving rise to the claim.
  • Any errors, delays, or failures caused by factors beyond our reasonable control, including force majeure events (e.g., natural disasters, strikes, or supply chain disruptions).
This limitation applies to all claims, whether based on contract, tort, negligence, or any other legal theory.
 

 
9. Indemnification
 
You agree to indemnify, defend, and hold harmless Edwards Automation and Design, its officers, employees, and agents from any claims, liabilities, damages, or expenses (including legal fees) arising from:
  • Your violation of these Terms.
  • Your misuse of the Website or Services.
  • Your infringement of any third-party rights, including intellectual property rights.

 
10. Termination
 
We reserve the right to terminate or suspend your access to the Website or Services, without notice, if you:
  • Breach these Terms.
  • Engage in unlawful or fraudulent activity.
  • Fail to make payments as agreed in a contract.
Termination does not affect any obligations or liabilities accrued prior to termination, including payment obligations.
 

 
11. Governing Law and Dispute Resolution
 
11.1 Governing Law
These Terms are governed by and construed in accordance with the laws of the State of New Mexico, USA, without regard to its conflict of law principles.
11.2 Dispute Resolution
  • Any disputes arising from these Terms or the Services shall be resolved through good-faith negotiations.
  • If a dispute cannot be resolved informally, it shall be submitted to binding arbitration in Farmington, New Mexico, under the rules of the American Arbitration Association (AAA). The arbitrator’s decision shall be final and binding.
  • Notwithstanding the above, we may seek injunctive relief in any court of competent jurisdiction to protect our intellectual property or confidential information.
For EU users, you may also have the right to pursue disputes through an EU supervisory authority or alternative dispute resolution mechanism, as required by GDPR or consumer protection laws.
 

 
12. Force Majeure
We shall not be liable for any delay or failure to perform our obligations under these Terms due to events beyond our reasonable control, including but not limited to natural disasters, war, strikes, government actions, or supply chain disruptions.
 

 
13. Changes to These Terms
We may update these Terms from time to time to reflect changes in our practices, Services, or legal requirements. The updated Terms will be posted on this page with a revised “Last Updated” date. If we make significant changes, we will notify you via email or a prominent notice on our Website. Your continued use of the Website or Services after such changes constitutes your acceptance of the revised Terms.
 

 
14. Miscellaneous
 
14.1 Entire Agreement
These Terms, together with our Privacy Policy and any specific contract or agreement, constitute the entire agreement between you and Edwards Automation and Design regarding the Website and Services.
14.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
14.3 Waiver
Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other right.
14.4 Assignment
You may not assign your rights or obligations under these Terms without our prior written consent. We may assign these Terms to a successor in the event of a merger, acquisition, or sale of assets.
 

 
15. Contact Us
If you have questions, concerns, or requests regarding these Terms, please contact us:
 
Edwards Automation and Design
Email: info@emationdesign.com
Address: 5101 College Blvd, Farmington, NM 87402, USA