Sales and Warranty Terms
CONTROLLING TERMS AND CONDITIONS
All purchases and sales of products, including all parts, spare parts and components thereof (the “Products”) or services (the “Services”) between Buyer and ACS Motion Control, and/or its direct and indirect subsidiaries (collectively, “ACS Motion Control”), shall be made pursuant to the accompanying ACS Motion Control quote and/or order acknowledgment and shall be governed by these Terms and Conditions. These Terms and Conditions and the accompanying ACS Motion Control quote and/or order acknowledgement shall constitute the entire agreement between the parties pertaining to the subject matter hereof, and shall supersede all prior or contemporaneous oral or written negotiations, agreements, understanding or representations with respect thereto. These Terms and Conditions shall supersede any conflicting provision contained in any purchase order of Buyer.
PRICE; PAYMENT TERMS AND CHARGES
The prices for all Products and Services shall be as set forth in the accompanying ACS Motion Control quote and/or order acknowledgment and such prices shall be exclusive of all taxes and other charges. All products will remain at ACS Motion Control’s full ownership until all payments are fully cleared according to the payment terms that appear on the invoice.
TITLE AND RISK OF LOSS; ACCEPTANCE
All Products will be delivered EXW, ACS Motion Control’s designated factory. Delivery shall occur, title to the Products (except for title to any Software which shall at all times remain with ACS Motion Control) shall pass from ACS Motion Control to Buyer, and Buyer shall assume all risk of loss or damage, upon delivery of the Products to the carrier, unless otherwise agreed by both parties in writing.
CHANGES AND CANCELLATIONS
ACS Motion Control will accept order cancellations or changes for standard products only as long as the scheduled delivery date as reported to you by ACS in the order acknowledgment is at least 60 days away. Order can be changed only once. Afterward, the order is no longer changeable or cancellable. The order will be confirmed with the latest price at the time of change (for example, if an order is placed in December 2022 and the confirmed delivery date is May 2023, and on February 2023 the customer is requesting to postpone the delivery from May to July 2023, the order will be changed with the effective price as of February 2023). New orders will be accepted with delivery dates of up to 12 months ARO.
All sales are final and non-returnable.
WARRANTY; DISCLAIMER OF WARRANTY
ACS Motion Control warrants its hardware products against defects in materials and workmanship for a period of 12 month from receipt by the end user. During the warranty period, ACS Motion Control will, on its sole discretion, either repair or replace products that prove to be defective. The warranty applies to the hardware only. In case the product was held in the distributor stock, and provided that the distributor declares that the transaction date when the product was sold to the end user in any claim for under warranty repair that is between 12-18 months from the date of purchase from ACS Motion Control, ACS Motion Control will extend the warranty period to a total of up to 18 months from the invoice date. The warranty is void for sealed products opened without written authorization from ACS Motion Control. The warranty shall NOT apply to defects resulting from improper or inadequate use, unauthorized modifications or misuse. Under no circumstances will ACS Motion Control be liable in any way to the user for damages, including any loss of profits, lost savings, or other incidental or consequential damages arising from the use of, or inability to use, the product. Each repair is warranted for three months from the date of delivery to the customer/ distributor. This warranty applies only to the specific repaired functionality. Customer will pay all freight charges and duties for the shipment to ACS Motion Control unless an item under warranty is returned within six weeks of purchase. ACS will pay for the shipment back to the customer. Products that will be sent for repair and will be found free from defects will result charges to the customer in value of $264, according to ACS Motion Control’s recent price list, and additional shipment charges.
LIMITATION OF LIABILITY
ACS Motion Control shall not be liable for any commercial losses, loss of revenues or profits, loss of good will, inconvenience or other direct or indirect damages whatsoever, or claims of third parties regardless to the for, and nature of any claim, whether from breach of this agreement or defective products ACS Motion Control’s liability for loss or damages shall, in any case, not exceed the purchase price paid for the particular product.