Terms of Service

The Enso website is © 2019 Oconomowoc Mfg. Corp., USA.

BACKGROUND

Please read the following terms in their entirety prior to using or otherwise accessing the information provided on this web site. By accessing and using this web site, you accept and agree to these terms and conditions without limitation or qualification. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEB SITE.

USE OF THIS WEB SITE

Access to and use of this web site is subject to all applicable international, federal, state and local laws and regulations. This web site is owned and operated by Oconomowoc Mfg. Corp., an Illinois corporation (such entity, together with its affiliates, managers, members, officers, employees, contractors and all data sources and suppliers, shall be collectively referred to herein as “OMCO,” “we” or “us”).

CHANGES TO THE WEB SITE

You as a user agree and understand that the web site, including any and all features available via the web site and any content displayed hereon and products offered hereby, may be modified, discontinued or removed by OMCO, in our sole discretion, at any time without prior notice. Unless expressly stated otherwise, any features, products or services offered, enhancements or modifications to the web site implemented after your initial access to the web site shall be subject to these Terms of Service.

CONFLICT WITH OTHER AGREEMENTS

The terms and conditions herein are in addition to, and do not supersede, the specific warranties and other documentation that apply to the products or services offered by OMCO and otherwise offered through this web site. In addition, please note that the web site has a Privacy Policy that applies specifically to it.

REGISTRATION

Certain sections of this web site may require you to register as a user or create an account. By registering or creating an account, you agree to provide accurate and complete information and to inform us of any changes to that information. Each registration is for a single user only, unless otherwise expressly provided on the registration page. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In case of misuse, we may terminate further access or take such other action as we, in our sole discretion, deem appropriate. If you believe there has been unauthorized use, you must notify us immediately. OMCO is not intended or directed to individuals under the age of 18. We reserve the right to refuse service to any person for any reason and to refuse any order for any reason.

TERMINATION

You acknowledge and agree that OMCO, in its sole discretion, may terminate your web site access if your conduct is found to be unlawful, inconsistent with, or in violation of, the letter or spirit of these terms and conditions. OMCO shall not be liable to you or any third party for termination of web site access. Should you object to any of these terms and conditions, or to any subsequent modifications thereto, your only recourse is to immediately discontinue use of this web site.

LINKS

This web site may incorporate links to other web sites. OMCO does not in any way endorse, nor is it responsible for, the content on those other web sites.

OWNERSHIP

OMCO, Enso and the OMCO products and services referenced in this site are either trademarks, service marks or registered trademarks of OMCO or its affiliates. Other products and company names mentioned herein may be the trademarks of their respective owners. As between you and OMCO, the web site, and all online content, including but not limited to photographs, images, text, graphics, icons, software and other features thereof, all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of the web site, including all copyrights, trademarks and other intellectual property or proprietary rights in the foregoing, are owned by OMCO or our affiliates, suppliers and/or licensors. Nothing contained in these Terms of Service shall be deemed to grant to you or any other user any rights, title or interest in or to any copyright, trademark or other proprietary right of ours or any of our licensors or suppliers. Nothing in these Terms of Service shall be deemed to grant to you or any other user any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right of ours.

CANCEL/UPDATE AN ORDER

Once your online order has been submitted, our order fulfillment process begins and no changes can be made to your order unless approved by OMCO. Please contact Customer Service at the number listed below if you wish to change an order. Due to the unique nature of OMCO’s products, not all orders can be changed or cancelled.

CUSTOMER SERVICE

OMCO Customer Service is open from 9am to 5pm Monday – Friday Central Time Zone (“CST”). Customer Service is available by calling +1 (262) 567-8383 or by emailing info@oconomowocmfg.com.

PAYMENT METHODS; SALES TAX

OMCO accepts payment for products by Visa, MasterCard, American Express and PayPal through OMCO’s PayPal merchant account. OMCO does not accept personal checks or cash at this time. Sales tax is applied to your order in accordance with individual state and local regulations. Appropriate tax charges will appear on the order review page during checkout.

SHIPPING

Orders are shipped every business day (Monday-Friday excluding holidays). OMCO shall endeavor to ship any non-custom orders within 5-10 business days following credit card authorization and verification. Non-custom orders typically arrive 4-7 business days (Monday-Friday excluding holidays) after being shipped. At this time we do not ship to APO/FPO addresses or P.O. Boxes. Lead time for custom orders will be determined and accepted by OMCO on a case-by-case basis.To track your order, locate the tracking number on your shipping confirmation email and follow the instructions provided by the applicable courier service. If a package has not been delivered within 30 days or more, please contact OMCO and send us written notice of non-receipt. Once received, a claim will be filed with the particular courier service. If the courier cannot provide a signature confirmation of delivery, the recipient will then have the option of a full credit for the purchase amount or a reshipment of the order.

CUSTOM SALES

In the event that you order any product that includes custom, unique graphics, slogans, names, text or other material provided by you, you are responsible for compliance with all laws governing labeling and packaging utilizing such material and for ensuring that the material does not infringe upon the rights of any third party (patents, trademarks, copyrights, trade dress, etc.) and for the consequences of use and sales of such products. You agree to defend, indemnify and hold OMCO harmless for all claims, costs, and expenses arising out of any disputes involving the materials which you supply, notwithstanding the fact that OMCO has produced or otherwise approved such materials. All sales of custom products, including without limitation those described above in addition to products manufactured to custom size, are final. No returns will be permitted of custom products notwithstanding eligible warranty claims.

RETURNS

OMCO is dedicated to providing the highest quality product and craftsmanship possible. We want our customers to be fully satisfied with their purchases. If for any reason, you are unhappy with your purchase please contact Customer Service within fifteen (15) days of receiving the applicable product. Customized items are non-returnable; provided, however that OMCO will endeavor to meet your expectations and if there is an error made on our part, we will happily exchange your order or, if comparable products are not available, we will provide a full refund. In the event merchandise is returned untimely, in used condition or without all packaging and tags, merchandise will be returned to purchaser without any exchange or refund of any kind. This policy does not cover the cost of shipping to and/or from the manufacturer.

WARRANTY

OMCO products are original OMCO creations, made and tested to meet strict OMCO quality standards. OMCO will at its discretion, reimburse, replace or repair free of charge for a period of five years from the date of purchase, any product identified by OMCO’s technical service to be defective as a result of manufacturing fault. With respect to any item, OMCO does not warrant any Goods with damage or defects caused by or resulting from accidents, theft, corrosion, loss, mishandling or poor care (nicks, dents, crushing, etc.), unauthorized alteration, manipulation, disassembly or repair as well as the consequences of normal wear and aging. EXCEPT FOR THE FOREGOING EXPRESS LIMITED WARRANTY AND EXCEPT TO THE EXTENT THAT AN EXCLUSION OR RESTRICTION OF LIABILITY MAY BE PROHIBITED BY STATUTE, (i) THE PRODUCTS OFFERED FOR SALE BY OMCO AND (ii) THIS WEB SITE AND THE INFORMATION OFFERED ON THIS WEB SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, AND ACCORDINGLY, OMCO HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT THERETO, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW, COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT DOES OMCO WARRANT OR GUARANTEE THE CORRECTNESS, COMPREHENSIVENESS, COMPLETENESS OR ACCURACY OF ANY PARTICULAR USE OR PURPOSE OF ANY INFORMATION, PRODUCTS OR SERVICES ON THIS WEB SITE.

WARRANTY AND RETURNS ADDRESS

Eligible returns should be shipped to the following address:

Enso Returns

c/o Oconomowoc Mfg. Corp.
856 East Armour Road
Oconomowoc, WI 53066 USA

INACCURACIES

The information, products, and services available on this web site may include technical inaccuracies or typographical errors that may be related to product descriptions, pricing, promotions, offers and availability. OMCO reserves the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after an order has been submitted).

LIMITATION OF LIABILITY

IN NO EVENT WILL OMCO BE LIABLE TO ANY PARTY FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS WEB SITE OR ANY MATTERS RELATING TO THE PRODUCTS SOLD HEREUNDER, WHETHER BASED IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF OMCO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL OMCO’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU FOR THE PURCHASE PRICE OF ANY PARTICULAR PRODUCTS FROM OMCO THAT MAY BE THE SUBJECT OF ANY PARTICULAR CLAIM. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED.

COPYRIGHT

© 2019 Oconomowoc Mfg. Corp. USA. All rights reserved. No part of this web site or any content, products or services offered hereby may be reproduced, modified or distributed in any form or manner without the express written consent of Oconomowoc Mfg. Corp.

APPLICABLE LAW

These Terms of Service are governed by and construed in accordance with the laws of the State of Wisconsin, and any action arising out of or relating to these Terms of Use shall be filed only in state or federal courts located in Wisconsin, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.