Limited Repair Warranty Policy
Repair Warranty Period
All product repairs performed by Automation & Control Technologies, Ltd. (“ACT”) are warranted for one year from the date of shipment from ACT subsequent to the repair, except as limited herein. However, in the event the customer participates in ACT’s WASP Program, this warranty period is extended until one year from the date the repaired product is put into service subsequent to the repair.
Limitation of Repair Warranty
In the event any product repair of ACT, under normal operating conditions, proves to be defective in the repair workmanship within the aforementioned repair warranty period , the customer shall receive, and Disclaimer except as limited herein, either: (1) appropriate further repair services of ACT free of further charge, Warranty or (2) in the event ACT determines, within its discretion, that the product cannot be adequately repaired, an account credit shall be provided by ACT up to the amount charged for the previous repair, as determined by ACT.
ACT reserves the right to not extend the remedy set forth herein in the event the repair is performed in an emergency situation without adequate schematic documentation and/or the ability to fully function test subsequent to the repair.
The remedy set forth herein does not extend to any product repair which, under normal usage has inherently a shorter useful life than the one year or is due to a part failure with a manufacturer’s warranty shorter than the one year. Nor does it apply to defects in any product repair caused by the customer’s misuse, neglect, improper installation, maintenance or operation. Nor does it apply to any product repair if the product has been subsequently repaired or disassembled by a party other than ACT.
THE REMEDY SET FORTH HEREIN IS THE CUSTOMER’S EXCLUSIVE REMEDY AND SHALL SATISFY ALL OBLIGATIONS OF ACT WHETHER BASED IN CONTRACT, NEGLIGENCE OR OTHERWISE. ACT SHALL NOT BE RESPONSIBLE FOR ANY INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE WHICH MIGHT RESULT FROM ANY FAILURE ON THE PART OF ACT.
THIS EXPRESS WARRANTY IS MADE IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.
Advance written or e-mail authorization of ACT is required prior to the return of a product to ACT. To obtain the required authorization to return a product, either write to “Repair Department of Remedy ACT”, 28210 Cedar Park Boulevard,Perrysburg, Ohio 43551 or email email@example.com or call ACT at (888)665-3955 with:
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 product can be returned to you correctly);
4) ship and bill addresses.
Shipment to ACT shall be at customer’s expense and repaired or replaced items shall be return shipped F.O.B. our facility in Perrysburg, Ohio. Non-verified problems or defects may be subject to an evaluation charge.
In the event a product cannot be returned to ACT for ACT’s 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.
Any claim for the remedy set forth herein must be requested prior to the expiration of the aforementioned repair warranty period.
Any controversy or claim arising out of this Limited Repair Warranty Policy shall be settled by arbitration in the State of Ohio, County of Wood (as exclusive venue) administered by the American Arbitration Association under its Commercial Arbitration Rules and the laws of Ohio, and judgment on any award rendered by the arbitrator(s) may be entered in any Court having jurisdiction thereof.