Warranty Policy

ACT Industrial Limited Warranty

1. Repairs
A. All equipment, and other items repaired or refurbished by Automation & Control Technologies (ACT) (collectively the “Products”) are covered by the following exclusive Limited Warranty: all Products will be free from defects in material and workmanship for a period of 12 months from the date of shipment from ACT to the Customer following repair or refurbishment.
B. All repair or refurbishment services provided by ACT in connection with Products (collectively the “Services”) (i) will be performed in a professional and workmanlike manner and in accord with current, sound, and highest generally accepted industry standards and practices by appropriately trained and supervised personnel who are experienced in the appropriate fields; and (ii) will conform to and comply with all applicable specifications and performance and other requirements relating to the Products.
C. Should any Services on the Products be defectively performed, ACT will re-perform or correct such defective Services at no additional charge; provided, however, if ACT determines in its sole discretion that it cannot re-perform or correct such defective Services, it will provide the Customer with a credit in the amount charged for the initial Services on the Products.

2. New Items
ACT will pass onto the Customer the manufacturer’s warranty, if any, on all new items used in connection with Services performed on Products, including without limitation controls, components, accessories, and spare parts. If controls, components, accessories, or spare parts used or incorporated into Products are not covered by the manufacturer’s warranty, ACT will apply this Limited Warranty to such items for 30 days from the date of shipment of the Products from ACT to the Customer.

3. Exclusions
The following exclusions apply to this Limited Warranty: (i) normal maintenance service; (ii) any damage to Products caused by events or actions outside the ordinary and expected use or operation of the Products; (iii) neglect, abuse, or misuse of any Products; (iv) improper installation, operation, or maintenance of any Products; (v) repair Services performed in an emergency situation in which ACT is not provided adequate schematic documentation or the ability to fully function test the Products subsequent to the Services; (vi) Products subsequently repaired or disassembled by a party other than ACT; and (vii) any Product or Product component that has an expected useful life of less than 12 months.

4. Exclusive Warranty
SERVICE PROVIDER WARRANTS THAT ITS SERVICES WILL BE PROVIDED IN A GOOD AND WORKMANLIKE MANNER FOR A PERIOD OF ONE (1) YEAR. EQUIPMENT AND PARTS ARE WARRANTED ONLY TO THE EXTENT OF THE MANUFACTURERS’ WARRANTIES. SERVICE PROVIDER DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE PERFORMANCE, EFFECTIVENESS, FITNESS OR APPLICABILITY OF ANY IMPLEMENTED SOLUTION OR EQUIPMENT AND EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. ANY WORK, REPAIR, OR SERVICES PERFORMED ON THE EQUIPMENT BY ANY OTHER PARTY DURING THE WARRANTY PERIOD WITHOUT THE EXPRESSED WRITTEN CONSENT OF ACT SHALL RENDER THE WARRANTY NULL AND VOID.

5. Limitation of Liability
INDEPENDENT OF ANY OTHER PROVISION OF THIS LIMITED WARRANTY, IN NO EVENT SHALL ACT BE LIABLE TO CUSTOMER FOR LOST PROFITS, LOST REVENUE, DIMINUTION IN VALUE, OR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES OF ANY KIND, INCLUDING ECONOMIC DAMAGE OR INJURY TO PROPERTY, ARISING OUT OF BREACH OF CONTRACT, TORT OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT ACT HAS BEEN ADVISED, HAS OTHER REASON TO KNOW, OR IN FACT KNOWS OF THE POSSIBILITY THEREOF. IN NO EVENT SHALL ACT’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID TO ACT FOR THE GOODS AND SERVICES PROVIDED IN CONNECTION WITH THE PRODUCT. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE CUSTOMER’S REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.

6. Dispute Resolution
Any controversy or claim arising out of this Limited Warranty or relating to any Products or Services shall be resolved by arbitration in Wood County, Ohio, under the Commercial Arbitration Rules of the American Arbitration Association and the laws of Ohio, and judgment on any award rendered by such arbitration any be entered by any court as authorized by Ohio law.

7. Warranty Procedure
In the event an issue arises with apparatus serviced by ACT and there is a potential warranty claim, ACT is to be notified immediately, and the apparatus is to be sent back to ACT’s service center. Any warranty shall be void if the apparatus is sent elsewhere and not to ACT for evaluation, except where: (i) ACT has failed to respond to the customer’s notification within [10] business days, or (ii) ACT has refused to accept the apparatus for evaluation, The customer has the right to have personnel present for apparatus evaluation, and ACT shall provide the customer with at least [2] business days’ advance written notice of when the evaluation will occur. This warranty policy shall govern warranty claims for apparatus serviced by ACT. In the event of a conflict between this policy and the main service agreement, or purchase order this warranty shall control.