Terms & Policies
At Ewing, we respect your privacy and are diligent in protecting the privacy and security of the information collected on our websites. Please take a moment to read our online privacy and security practices in more detail.
Information we collect and how it’s used
In order for you to access certain information or to take advantage of special programs or promotional offers, services or features, we may require you to provide certain personal information. Personal information is information that can be used to identify, contact or locate you. For example, personal information can include your name, e-mail address, billing address, shipping address, phone number, credit card information, demographic information such as postcode, preferences, and interests, or other information relevant to customer surveys and/or offers.
We collect your personal information to provide you with a superior customer experience. We do not sell or distribute your information to non-affiliated third parties, and we use it only in accordance with this policy. We use the information to complete transactions, respond to your requests and notify you of promotions, updates, special offers and other information that may be of interest to you.
To the extent required by law, we may disclose personally identifiable information to government authorities or third parties pursuant to a legal request, subpoena or other legal processes. We may also use or disclose your information as permitted by law to perform charge verifications, report or collect debts owed, fight fraud or protect the rights or property of Ewing Irrigation Products, our customers, our website or its users.
Updating or Removing Your Personal Information
We respect your right to control how your personally identifiable information is used and are in full compliance with the 2020 California Consumer Privacy Act (CCPA). If you would like to opt out of receiving marketing communications, or if you need us to update your information, use our Contact Form to submit your request. Please include the nature of your request in the comments section of the form. You can also use the unsubscribe link provided at the bottom of our marketing email communications to be removed from our email list.
Links to Other Websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, please note that we do not have any control over and cannot be responsible for the protection and privacy of any information you provide on other websites.
Ewing’s Social Community
On Ewing’s social media pages, we strive to provide news and information that’s useful, and we’d love to hear about your latest project, what you need help with or anything else that’s on your mind.
Connect with us:
We want our website and social network pages to be helpful and respectful, so we may choose to hide or remove content or block users on our website and other pages that may be considered:
- Inappropriate or offensive
- False or misleading
We may also remove spam and anything that violates intellectual property rights.
We’ll try our best to answer your questions or resolve any issues as soon as possible.
For further assistance, please contact us. We look forward to talking with you!
Terms & Conditions of Sale
In consideration for performance hereunder by Ewing Irrigation Products, Inc. (hereinafter referred to as "Ewing") Purchaser agrees to pay to Ewing at its office in Phoenix, Arizona, the total amount stated hereon, according to terms stated hereon and to secure Purchasers said obligation Purchaser hereby grants to Ewing security interest in and to the above described irrigation materials and equipment pursuant to the terms and provisions of the Uniform Commercial Code and agrees at Purchasers own expense to take all action which Ewing shall deem necessary to perfect such security interest. Purchaser has read and accepts the "Conditions of Sale and Warranty" hereon, including the provisions thereof limiting warranties. Unless otherwise specified, invoices are due and payable on the 10th of the month following purchase, amount is net and past due thereafter. A SERVICE CHARGE of 1-1/2% per month (which is an ANNUAL PERCENTAGE of 18%) will be charged on any balance not paid by the 25th of the month following purchase. Purchaser agrees to pay all costs of collection including reasonable ’s fees and other collection costs, if the amount due is placed for collection with or without suit. It is agreed that all terms, conditions of sale and warranty are contractual and that agent signing for purchase or verbally ordering materials listed above to bind Purchaser to such contract and in addition acknowledging receipt of above merchandise.
- Purchase Price; Payment
Purchaser agrees to pay to Ewing, at its office in Phoenix, Arizona, the purchase price for the Equipment noted on the face of this document. Unless otherwise agreed at the time of order, purchase prices are subject to change at any time. If Equipment is to be shipped, the invoice will reflect purchase prices prevailing at the time of shipment. Purchaser shall be responsible for, and agrees to pay all taxes, shipping charges, and other charges or fees, such as fees for special packaging and labeling of the Equipment. Unless otherwise noted, payment in full is due on the 10th day of the month following purchase. On any past due amount, Ewing may charge interest from the payment due date to the date of payment at the lesser of (i) 18% per annum or (ii) the maximum amount allowable under applicable law. In the event that the purchase price is collected in whole or in part through suit or other legal proceeding of any nature, then Ewing shall be entitled to collect all reasonable costs and expenses of collection, including reasonable attorney’s fees.
- Security Agreement and Financing Statement
Purchaser grants to Ewing a security interest in the Equipment, and consents to the filing by Ewing of documentation reflecting such security interest. In the event that Purchaser fails to pay the purchase price in full, Ewing shall be entitled to all remedies available to a secured party under Article 9 of the Uniform Commercial Code.
- Risk of Loss; Other Risks Assumed by Purchaser
Purchaser assumes and agrees to be solely responsible for all care, maintenance, storage, installation and operation of the Equipment. Purchaser shall bear the entire risk of loss, theft, destruction of or damage to the Equipment. Purchaser further assumes and agrees to be solely responsible for determining the following: (i) whether the water supplied to the Equipment is of acceptable quality to irrigate and/or protect a particular crop or crops; (ii) whether the water supplied to the Equipment is adequate to irrigate and/or protect a particular crop or crops; (iii) the method by which the Equipment is to be used to apply water to a particular crop or crops; (iv) the rate at which water should be applied to a particular crop or crops, and the frequency and duration of any such application; and (v) the volume of water to be applied to a particular crop or crops for each irrigation and/or crop protection setting.
No Equipment purchased by Purchaser may be returned without prior written authorization from the Principal Office of Ewing. Ewing is entitled to inspect any Equipment for which a return authorization is requested. To be eligible for return, Equipment must be in good and saleable condition, determined in the sole discretion of Ewing. Equipment approved for return will entitle Purchaser to either (i) store credit, to be applied in payment of future purchases of irrigation materials and equipment, or (ii) a credit to be applied to amounts due under Purchaser’s account with Ewing. A restocking charge will be assessed for any Equipment approved for return. Equipment which has been special ordered for Purchaser is typically not eligible for return, unless the vendor has agreed to a return. All Equipment must be returned freight prepaid.
The sale of the Equipment is made without warranties of any kind, express or implied. EWING MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT (INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). Accordingly, Ewing shall not be liable for defects in materials or workmanship, or for damages incurred by Purchaser arising out of relating to defective installation or use of the Equipment. If the original equipment manufacturer offers a warranty, Ewing will pass through to Purchaser any transferable product warranties, indemnities, and remedies provided to Ewing by the manufacturer.
- Limitation of Liability
In no event shall Ewing be liable to Purchaser for any incidental, indirect or consequential damages.
The agent of Purchaser who has signed this document or verbally ordered the Equipment, has full authority to conclude such purchase on behalf of Purchaser and to bind Purchaser to the provisions of this document.
- Force Majeure; Cancellation
In no event shall Ewing be liable for its failure to perform or delay in performance due to events beyond its reasonable control, including strikes, riots, wars, fire, acts of God, and acts in compliance with any law, regulation or order of governmental authority. No order may be cancelled by Purchaser without prior written authorization from the Principal Office of Ewing, and such authorization may be conditioned upon the payment by Purchaser of all costs associated with such cancellation.
Purchaser agrees that all courts of record sitting in Orange County, California, or in Maricopa County, Arizona, both state and federal, are the exclusive forums where any action, suit or proceeding in respect of or arising out of the purchase of the Equipment shall be prosecuted, and Purchaser consents to the jurisdiction and venue of such courts.
- Entire Agreement
No employee or agent of Ewing has been authorized to make any promises, representations or warranties binding Ewing, other than those contained in this document or those which have been reduced to writing and signed by the general manager or an officer of Ewing. Any verbal or written statements made by an employee or agent of Ewing which are contrary to the provisions of this paragraph shall be deemed mere expressions of opinion, not binding on Ewing. This Agreement constitutes the entire agreement between Ewing and the Purchaser with respect to the purchase of the Equipment, and supersedes all prior and contemporaneous agreements, purchase orders, statements, negotiations and discussions, whether oral or written, between Ewing and Purchaser with respect to the Equipment.