Terms and Conditions
North American Online Store

ATTENTION: If you purchased an Eve-branded product (\"Product\")  from an authorized reseller and not from the Eve Online Shop, your purchase is subject to the particular terms and conditions that accompany such  Product purchase with that reseller. The terms and conditions may differ from the terms and conditions posted on this Site. If you purchase directly from the Eve Online Shop or an authorized Eve reseller, a two-year warranty will apply.  If you purchase from a reseller that is not an authorized Eve reseller, the warranty herein may not apply.  If you purchased an Eve Product from the Eve Online Shop, the following warranties and policies apply.

HARDWARE

I. Money-back Guarantee Policy

Returns

Should you not be completely satisfied with your online store purchase, you may return your purchase within thirty (30) days from your invoice date.

Please note that in both instances, shipping costs and handling fee (if applicable) are not refunded. To return your Eve-branded Product, send an email to our Support (including your order number). We will email you a Return Material Authorization (RMA) number and instructions. To receive a refund, the Product must be returned to the Eve warehouse within fourteen (14) calendar days of the issuance of the RMA. No returns will be accepted without a Return Authorization (RMA) Number.

It is your responsibility to ship your return prepaid and insured for the full purchase price by a carrier that offers package tracking, such as United States Postal Service registered mail, United Parcel Service (UPS), or Federal Express.

The Money-back Guarantee is also contingent upon the Product being returned 100% complete and in like-new condition. All Products must be packed in the original, unmarked packaging including any accessories, manual and documentation that shipped with the Product. We may reject the return, or deduct a fee of fifteen percent (15%) of the invoice cost, associated with: missing parts, non-original packaging, or use or misuse of the Product. The fifteen (15%) fee may also be assessed on returns that are more than thirty (30) days past the invoice date.

Exchanges

If you purchased the wrong Product and would like to exchange it for another Eve Product, the same regulations as under "Returns" apply. Price differences between the exchanged Products will be assessed during the exchange and debited or credited accordingly.

Refunds or exchanges do not include original shipping and handling charges. You should be responsible for shipping and handing charges both ways. 

II. Dead On Arrival (DOA) Product

An Eve-branded Product is considered DOA if it shows symptoms of hardware failure, preventing basic operability, upon its first use out of the box. If you believe that your Product is DOA, please contact Eve Technical Support within ten (10) calendar days of the invoice date.

If the Product is deemed DOA by Eve Technical Support within 15 calendar days of the invoice date, you are eligible to receive a replacement unit. If the Product is deemed not DOA by Eve Technical Support or if the Product is deemed DOA more than ten (10) calendar days after the invoice date, Eve's limited product warranty will apply (see the section below on Defective Items Limited Warranty).

Shipping will be arranged at Eve's expense for all Products determined by Eve Technical Support to be DOA. Eve reserves the right to test returned DOA Products. If the condition of the Product is misrepresented by the customer, Eve may impose a one hundred dollars ($100) handling fee and such handling fee should be paid within five (5) days from Eve’s invoice date.

III. Defective Items Limited Warranty

- The warranty is effect from the invoice date. Software of any kind delivered with or as part of an Eve Product is expressly provided "as is" unless specifically provided for otherwise in any software license accompanying the software. If any Eve Product furnished by Eve which is the subject of this Limited Warranty fails during the warranty period for reasons covered by this Limited Warranty, Eve, at its option and discretion, will:

- REPAIR the defect by means of hardware and/or software, using new or refurbished replacement parts; OR
- REPLACE the Product with a Product that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original Product; OR
- REFUND the then-current value of the Product.

If such a Product is defective, shipping charges for the return of the Product to buyers within the USA will be paid by us. For all other locations, the warranty excludes all costs of shipping, handling, customs clearance, and other related charges. Eve will have a reasonable time to replace or make repairs to the Product. In no event will Eve be liable for any other costs associated with the replacement or repair of the product, including labor, installation, or other costs incurred by the buyer.

To request warranty service from Eve, contact us during the warranty period during normal business hours (Pacific Time), excluding holidays. Please provide (1) your name, address, and telephone numbers; (2) the model name and serial number of the Product; (3) an explanation of the problem.

A replacement Product or part assumes the remaining warranty period of the original warranty period.

Eve does not sell warranty extensions or accept old hardware Products in exchange for new hardware Products at reduced prices.

THIS LIMITED WARRANTY APPLIES ONLY TO THE ORIGINAL PURCHASER OF THE EVE PRODUCT.

Extent of Limited Warranty

Eve does not warrant that Eve-branded Products will be free from design defects or errors known as "errata." The currently characterized errata are available upon written request. This limited warranty does not cover damages due to external causes, including accidents, problems with electrical power, usage not in accordance with Eve-branded Product instructions, misuse, neglect, alteration, repair, improper installation, or improper testing.

Warranty Limitations and Exclusions

These warranties replace all other warranties, expressed or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Eve makes no expressed warranties beyond those stated here. Eve disclaims all other warranties,  expressed or implied including, without limitation, implied warranties of merchantability and fitness for a particular purpose. Some jurisdictions do not allow the exclusion of implied warranties so this limitation may not apply. All expressed and implied warranties are limited in duration to the limited warranty period. No warranties apply after that period. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so this limitation may not apply to you.
 

THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OF QUALITY AND PERFORMANCE, WHETHER WRITTEN, ORAL OR IMPLIED, AND ALL OTHER WARRANTIES INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USAGE OF TRADE ARE HEREBY DISCLAIMED. THE REMEDIES STATED HEREIN CONSTITUTE PURCHASER’S EXCLUSIVE REMEDIES AND EVE’S ENTIRE LIABILITY FOR EVE’S ANY BREACH OF WARRANTY

IV. Tailored or Customized Product

You  acknowledge that if you order any products which are tailored or customized to meet your specific requirements and preferences, you will agree that any Product that has been tailored or customized according to your specifications shall be deemed non-returnable.

By accepting the tailored Product, you  acknowledge that you have thoroughly reviewed and approved all specifications, designs, and other relevant details pertaining to the customization. You understand that due to the unique and personalized nature of tailored Products, they cannot be returned, exchanged, or refunded.

Eve shall make reasonable efforts to ensure that the tailored Product conforms to the specifications you provide. In the event of any defects or non-conformities attributable to Eve, you  shall notify Eve within a reasonable period after receiving the Product, and Eve shall remedy the issue in accordance with the terms outlined in the warranty or defect resolution provisions of this agreement. This non-returnable tailored products clause shall survive the termination or expiration of this agreement.

V. Limitations of Liability

Eve's aggregate liability for all claims whether in contract, warranty, tort, negligence, strict liability, or otherwise for any loss or damage arising out of, connected with, or resulting from this agreement, sale or the performance or breach thereof, or from the design, manufacture, sale, delivery, repair, replacement, installation, technical direction of installation, inspection, operation or use of any equipment covered by or furnished under this agreementshall in no case exceed the purchase price paid.

Eve is not responsible for indirect, special, incidental, or consequential damages resulting from any breach of warranty and other terms of this agreement, whether in contract, warranty, tort, negligence, strict liability or otherwise, including, but not limited to, loss of profits or revenue, loss of data, loss of use, loss of use of any of the Product or any associated equipment, cost of capital, cost of substitute equipment, facilities or services, good will, downtime costs, any costs of recovering, reprogramming or reproducing any program or data stored in or used with a system, delays, and claims of customers of the purchaser or other third parties for any damages.  

VI. Resale
 

If purchaser resells any of the Product, the sale terms shall limit Eve's liability to the buyer to the same extent that Eve’s liability to purchaser is limited hereunder. Additionally, if the end-user intends to use the Product in connection with any nuclear facility or activity, the end user shall require the end-user comply with the financial requirements under Price-Anderson Act (PAA) and secure a written release of liability which flows from the end-user to the benefit of Eve.  

VII. Governing Law and Dispute Resolution

This Agreement shall in all respects be governed by, and construed, interpreted and enforced in accordance with the laws of the State of New York, USA, excluding its conflicts of laws rules and the provisions of the United Nations Convention on Contracts for the International Sale of Goods, and both parties hereby agree that any litigation concerning, arising out of, or related to this Agreement, whether  claims are based on contract, tort, equity or otherwise, shall be conducted only in the state or federal courts functioning in the State of New York, Manhattan County and waive the defense of an inconvenient forum in respect to any such litigation. If any provision hereof, partly or completely, shall be held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision or portion hereof and these terms shall be construed as if such invalid or unenforceable provision or portion thereof had never existed.

VIII. SOFTWARE

Your use of Eve software is on the terms of the license in effect for the software at the time of purchase. You will be asked to agree to the terms of the applicable license at the time that you install the software. Please be aware, however, that your purchase is subject to the particular license that accompanies the software and you must agree to the terms and conditions of that license when you install the software. That license may differ from the licenses you can review here. Be certain to read the applicable license carefully before you install the software. You may return software after rejecting the licensing terms, provided the software is not installed on a computer.

XI. ENTIRE AGREEMENT 

This Agreement constitutes the entire agreement between Eve and purchase. There are no agreements, understandings, restrictions, warranties, or representations between Eve and purchaser other than those set forth herein. 

X. A Note about purchasing from the Eve Online Store:

You must be 18 or older to purchase products on the Eve online store.