ACT REPAIR CUSTOMER SUPPORT
ACT Industrial Limited Warranty
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.
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
THIS WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE PRODUCTS AND SERVICES AND IS EXPRESSLY PROVIDED IN LIEU OF ANY WARRANTIES OR CONDITIONS OTHERWISE IMPLIED BY LAW, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE REMEDIES STATED HEREIN SHALL BE THE ONLY REMEDIES AVAILABLE TO CUSTOMERS. WHELCO DOES NOT ASSUME ANY OTHER OBLIGATION OR RESPONSIBILITY WITH RESPECT TO THE CONDITION OF THE PRODUCTS OR THE PROVISION OF SERVICES AND HAS NOT AUTHORIZED ANY PERSON TO ASSUME ANY OTHER OBLIGATION OR LIABILITY ON ITS BEHALF.
5. Limitation of Liability
INDEPENDENT OF ANY OTHER PROVISION OF THIS LIMITED WARRANTY, IN NO EVENT SHALL WHELCO 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 WHELCO HAS BEEN ADVISED, HAS OTHER REASON TO KNOW, OR IN FACT KNOWS OF THE POSSIBILITY THEREOF. IN NO EVENT SHALL WHELCO’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 WHELCO 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
Customers must notify ACT of any alleged defect in Products or Services promptly following discovery of the defect. Customers must obtain advance authorization from ACT prior to the return of a Product based on a claim under this Limited Warranty. To obtain the required return authorization, Customer must write to “ACT Warranty Claim”, 28210 Cedar Park Boulevard, Perrysburg, Ohio 43551, email email@example.com, or call ACT at (419) 661-6400 All warranty claims must include: 1) ACT’s invoice number for the previous repair; 2) a technical description of the Customer’s proper installation, maintenance and operation of the Product and the Product’s problem or defect; 3) a no-charge purchase order number (so the Product can be returned correctly); and 4) ship and bill addresses. Shipment to ACT shall be at Customer’s expense and repaired or replaced Products will be shipped to the Customer DAP (Incoterms 2020). Non-verified problems or defects may be subject to an evaluation charge. If a Product cannot be returned to ACT for ACT verification of the problem or defect and ACT’s repair for any reason, ACT shall determine in its sole discretion whether to issue any account credit.