TERMS AND CONDITIONS OF SALE
FOR ORDERS RECEIVED VIA INTERNET
1. ORDERS:
By placing an order via Internet, buyer agrees to these Terms and Conditions
of Sale. All Internet orders are subject to review and acceptance by
Roboteq, Inc. Roboteq reserves the right to reject such orders which,
in its sole opinion, may contradict these terms and conditions or may
infringe upon the laws of the United States. Buyer agrees to pay an
amount equal to any and all applicable state, and local taxes.
2. TITLE & DELIVERY:
All sales are F.O.B. point of shipment. Title and risk of loss pass
to Buyer upon delivery of items to carrier at shipping point, which
delivery shall constitute delivery to Buyer for all purposes. Unless
specific instructions from Buyer specify which method of shipment is
to be used, Roboteq will exercise its own discretion. Quoted shipping
dates are approximate.
3. PAYMENT:
All orders are prepaid by means of Credit Card, check or wire transfer
at Roboteq discretion. By placing the order Buyer agrees to such payment
terms as indicated by Roboteq.
4. 30-DAYS MONEY BACK GUARANTEE
Buyer may return qualifying items to Roboteq within 30 days of receipt
for a refund minus restocking charges. A qualifying item is a standard
product (custom or customized products are excluded) purchased in single
quantity, for which Roboteq has issued to the Buyer an RMA (Return Material
Authorization) and returnable freight prepaid in complete, undamaged,
unaltered and working condition. A prepaid charge of $ 37.50 applies
to all returns to cover the cost of performing quality test and restocking.
Buyer may exercise this return right only once for the same product.
5. LIMITED PRODUCT WARRANTY:
IT IS EXPRESSLY AGREED THAT NO WARRANTY OF MERCHANTABILITY, WARRANTY
OF FITNESS FOR A PARTICULAR PURPOSE, NOR ANY OTHER WARRANTY (EXPRESS,
IMPLIED OR STATUTORY) IS MADE BY ROBOTEQ, EXCEPT THAT ROBOTEQ WARRANTS
GOODS TO BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP IN NORMAL
USE AND SERVICE.
The liability of Roboteq under this warranty is limited solely to the
repair, replacement or issuance of credit (at the sole discretion of
Roboteq) for such products that become defective within three (3) months
after delivery to buyer (the "Warranty Period"), provided
that (1) the defective items are returned to Roboteq upon Roboteq issuance
of an RMA, transportation charges prepaid by Buyer and (2) Roboteq's
examination of such item discloses to Roboteq's satisfaction that such
defects have not been caused by improper handling, storage, testing
or installation, abuse, misuse, neglect, repair, alteration or accident.
Robot combat is considered abusive use and not covered by this warranty.
6. REPAIRS:
Roboteq will estimate and charge buyer repair cost plus round-trip shipping
charges as payment for all expenses incurred for the repair of defects
or replacement of items not covered by the warranty. The repair or replacement
by Roboteq of any item shall not be deemed to extend the warranty period
of any item which has been repaired or replaced or to create any new
warranty period. In no event shall Roboteq be liable for loss of profits,
loss of use, incidental damages,consequential damages or any loss, costs
or damages of any kind based upon a claim for defective products or
breach of warranty.
7. LIFE SUPPORT DEVICES, USE AS WEAPON, SAFETY HAZARDS
Roboteq's products are not authorized for use as components of life
support devices, lethal weapon systems or any outlawed application.
It is Buyer responsibility to exert due diligence while using Roboteq’s
products in all applications where High Power and or Motion Control
are involved and Buyer acknowledges (1) having the required experience
and skills, and (2) taking the necessary precautions, for a safe utilization
of Roboteq’s products.
Roboteq disclaims any warranty or responsibility for such usage, which
shall be at buyer's sole risk, even if Roboteq has been previously notified
of such usage.
8. LIMITATION OF LIABILITY:
LIABILITY OF ROBOTEQ TO BUYER FOR DAMAGES FOR ANY CAUSE WHATSOEVER,
AND REGARDLESS OF THE FORM OF ANY ACTION, WHETHER IN CONTRACT OR IN
TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BE LIMITED TO
THE GREATER OF $5,000 OR THE PRICE SPECIFIED IN THE SALE CONTRACT FOR
THE SPECIFIC PRODUCT(S) THAT DIRECTLY OR INDIRECTLY CAUSED THE DAMAGES.
IN NO EVENT SHALL ROBOTEQ BE LIABLE TO BUYER OR OTHERS FOR LOSS OF GOODWILL,
LOSS OF PROFITS, LOSS OF USE OR OTHER SPECIAL, COLLATERAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORM OF ACTION THEREFORE,
WHETHER IN CONTRACT OR IN TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
EVEN IF ROBOTEQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BUYER ASSUMES ALL LIABILITY FOR ANY AND ALL DAMAGES ARISING FROM OR
IN CONNECTION WITH, THE USE OR MISUSE OF THE PRODUCTS BY BUYER, ITS
EMPLOYEES, OR OTHERS.
9. GOVERNING LAW:
This sales agreement will be governed by and construed in accordance
with the laws of the State of Arizona. In the event any one or more
of the provisions contained herein shall for any reason be held to be
invalid, illegal or unenforceable in any respect, such invalidity, illegality
or unenforceability shall not affect any other provision hereof.