Terms and Conditions of Sale
BUYER HAS READ AND UNDERSTANDS THESE TERMS AND CONDITIONS OF SALE OF PEPPERL+FUCHS, INC. (HEREINAFTER THE "SELLER" OR "PEPPERL+FUCHS, INC."), WHICH ARE LOCATED AT http://www.pepperl-fuchs.ca/canada/en/4208.htm (HEREINAFTER THE "TERMS AND CONDITIONS OF SALE"), AND WHICH ARE INCORPORATED HEREIN. BUYER AGREES THAT BY ORDERING PRODUCTS FROM PEPPERL+FUCHS, INC., BUYER IS ACCEPTING AND SHALL BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF SALE. ALL TERMS AND CONDITIONS PROPOSED BY BUYER WHICH ARE DIFFERENT FROM OR IN ADDITION TO THE TERMS AND CONDITIONS OF SALE, WHETHER CONTAINED IN A REQUEST FOR QUOTATION, PURCHASE ORDER, ONLINE OR ON THE WEB, OR OTHERWISE, ARE UNACCEPTABLE TO PEPPERL+FUCHS, INC., ARE EXPRESSLY REJECTED BY PEPPERL+FUCHS, INC., AND SHALL NOT BECOME A PART OF THE CONTRACT BETWEEN THE PARTIES. BUYER IS DEEMED TO HAVE REVIEWED AND ACCEPTED THE TERMS AND CONDITIONS UNLESS BUYER NOTIFIES PEPPERL+FUCHS, INC., IN WRITING TO THE CONTRARY. FURTHERMORE, BY USING THE SITE, BUYER AGREES TO REVIEW THE TERMS AND CONDITIONS AS INCLUDED ON OR WITH ANY CONTENT AVAILABLE ON THE SITE, AS WELL AS ANY NOTICE THAT SELLER MAY SEND BUYER REGARDING THE TERMS AND CONDITIONS. BUYER'S CONTINUED USE OF THE SITE REPRESENTS BUYER'S AGREEMENT TO ALL TERMS AND CONDITIONS OF SALE, INCLUDING NEW AND/OR MODIFIED PROVISIONS OF THE TERMS AND CONDITIONS OF SALE. IF YOU DO NOT AGREE WITH THE TERMS, YOU SHOULD NOT ACCESS THIS SITE, OR ORDER PRODUCTS, OR YOU SHOULD OTHERWISE NOTIFY US IN WRITING. BUYER FURTHER AGREES THAT BY PLACING AN ORDER, OR ACCESSING THIS SITE, BUYER HAS THE AUTHORITY AND POWER ON ITS OWN, OR AS AN AUTHORIZED REPRESENTATIVE ON BEHALF OF ANY OTHER PERSON OR ENTITY, AND AS SUCH, BUYER SHALL BE BOUND HEREBY.
No acceptance can be made by Seller except by the issuance of its order acknowledgement or order confirmation. Pursuant to UCC 2-207(2)(a), acceptance by Seller of Buyer's order is expressly made conditional on assent to these Terms and Conditions of Sale, either by written order acknowledgement or order confirmation, or by conduct by Buyer that recognizes the existence of a contract with respect to the Products described on Seller's order acknowledgement or order confirmation.
2. Payment: Seller's Insecurity
Unless otherwise set forth in writing by Seller, the payment terms shall be net thirty (30) days from the date of the invoice. If complete payment is not made when due, the unpaid balance will be subject to a finance charge of one and one-half percent (1-1/2 ‰) of the unpaid balance per month. The amount of all finance charges will be added to the balance owed to Seller. If Buyer fails to pay any invoice when due, or if the financial condition or credit of Buyer becomes unsatisfactory to Seller, Seller, at its option and without affecting any other lawful remedy, may change the terms of payment or suspend work and further deliveries, or both, until Buyer provides security or other assurances of performance as demanded by Seller.
3. Inspection and Claims
Within three (3) days of the receipt of the Products, Buyer shall inspect the Products with regard to any defects. In case defects are found during such inspection, Buyer shall notify Seller immediately, but no later than five (5) days after receipt of Products. Failure to provide said notice within said five (5) day period shall be deemed acceptance of the Products by Buyer. Buyer must obtain shipping instructions from Seller prior to returning the material which must be returned at Buyer's expense in accordance with Seller's instructions. Upon receipt of notice and the returned Products, Seller shall have the right to inspect and investigate to determine the validity of the defect. To the extent Seller determines, in its sole discretion, that there is a defect for which the Seller is responsible hereunder, then in such case Seller may correct or replace the Product; however, Seller shall have no liability to correct or replace any items caused by Buyer, the shipper, or any other party, and Seller's responsibility shall be limited solely to correcting or replacing the Product, and transportation related thereto. In such case, Seller agrees to arrange for transportation and sufficient insurance to protect the Product in transit from Seller's facility to Buyer.
4. Price and Quantity
The price to be paid by Buyer will be Seller's price in effect on the day shipment is made. Although Seller anticipates supplying the exact quantity ordered, Seller reserves the right to ship, and Buyer shall accept and pay for, up to five percent (5‰) more or 5 percent (5‰) less than the quantity provided to be shipped by the agreement and consider the order complete. In the event of any such overshipment or undershipment, an appropriate adjustment in the total quantity charge will be made.
Unless stated to the contrary on the face of the Seller's order acknowledgement or order confirmation, Seller's obligation is to deliver the Products F.O.B. Seller's warehouse, place of manufacture, or other place from which the Products are actually shipped within the U.S.A. Freight will be prepaid and added to invoice. The risk of loss passes to Buyer at the moment of delivery by Seller to freight forwarder. Buyer assumes any and all liabilities, expenses, and obligations regarding transportation, insurance, or any damage or loss to the Products in transit. Delivery dates appearing on Seller's order acknowledgement or order confirmation, or given to Buyer in any other manner, are approximate. Seller will not be liable for failure to make delivery or delay in making delivery for any reason whatsoever, including, without limitation, for reasons that directly or indirectly result from any of the Force Majeure events described in Section 16 below. In the event of a delay, Seller will have the right to apportion available supplies among its customers, including Buyer, in any manner that Seller decides to be fair and reasonable, and any delivery date will be postponed for a period of time equal to the delay. If shipments are held at Seller's premises at request of Buyer, invoices will be rendered for all completed Products as though actually shipped, and Buyer will also pay Seller for all extra expenses incurred. If freight is prepaid, it will be added to the invoice.
Buyer shall indemnify, defend, and hold Seller, its officers, employees, directors, representatives, shareholders, agents, successors and assigns, harmless against and from any and all losses, claims, damages, judgments, liabilities or expenses, including without limitation, reasonable attorney's fees and expenses, incurred by Seller as a result of or arising out of (a) Buyer's breach of these Terms and Conditions of Sale, or of any other agreement between the parties hereto, or of any obligation of Buyer; (b) actual or alleged direct, or contributory infringement of, or inducement to infringe, any patent, trademark, or copyright by reason of the use of the Products by Buyer; (c) any act or omission of Buyer, or its agents, employees, representatives, officers, directors or subcontractors, including, without limitation, any act or event described in the Section titled Disclaimer in the Limited Warranty below.
7. Sale to Buyer Not Prohibited
Buyer represents to Seller that neither Buyer nor any of Buyer's affiliates (collectively, "Buyer") is an entity or person ("Prohibited Person") to whom sale of Products is prohibited because Buyer is listed as: (1) a Specially Designated National or Blocked Person by the U.S. Treasury Department; (2) a Denied Person or Denied Entity by the U.S. Commerce Department; or (3) A Debarred Party by the U.S. State Department or subject to any other similar lists, laws, or regulations. In the event Seller discovers that Buyer is a Prohibited Person, Seller shall have the right, without liability to Buyer, to rescind any sale of Products or services, whereupon Buyer shall immediately return to Seller any Products which Buyer has received. Buyer agrees to indemnify Seller against and hold seller harmless from any and all liabilities, costs, expenses, and/or fines imposed upon or incurred by Seller as a result of the breach of Buyer's representation.
Buyer may cancel its order, or any part of it, by sending written notice of cancellation to Seller and by paying Seller a reasonable cancellation fee. The reasonable cancellation fee will be determined by Seller and will reflect, among other factors, the expenses already incurred, and commitments made by Seller, sales and administrative overhead, and profits. If Buyer has received any price discounts due to the quantity of Products ordered by Buyer, but has not purchased the applicable quantity at the time of cancellation, Buyer must also pay to Seller the difference between the price Buyer paid and the price it would have been paid had Seller's price been based on the quantity actually purchased. Seller reserves the right to cancel or refuse any order at any time without notice, without liability or obligation to the Buyer. Some situations that may result in the cancellation of any order may include, but are not limited to, limitations on quantities available for purchase, inaccuracies, errors in product or pricing information, or problems that are identified by Seller. Similarly, in some cases, Seller must contact Buyer to obtain and verify additional information before accepting an order. If an order is canceled for any reason or additional information is required, Seller will contact Buyer by email and/or by telephone. Furthermore, if contact information of Buyer is fictitious or invalid, Seller reserves the right to cancel an order.
9. Clerical Errors
While Seller strives to provide accurate product pricing and shipping information, pricing, typographical errors or inaccuracies may occur. In some cases, Seller cannot confirm product and/or shipping pricing until after an order has been placed. In the event that a pricing, typographical error or inaccuracy exists with any product or service offered, Seller reserves the right to cancel or refuse an order at any time without notice. In general, in most instances involving pricing, typographical error or inaccuracy, Seller will contact Buyer for further instructions or cancel the order with an email and/or telephone notification. Shipping price discrepancies may exist on any order regardless of size. If a shipping price discrepancy exists, Seller will contact the Buyer by email and/or telephone in order to offer revised shipping options. Prices and availability are subject to change without notice.
Unless otherwise stated, Seller's prices do not include any sales, use, excise, value-added or other tax, or any duties, tariffs, import fees, or any other fees associated with imports or exports. All present or future tax obligations are the responsibility of and must be paid by Buyer. If Buyer claims that the Products sold are exempt from any particular tax, Buyer must provide Seller with a tax exemption certificate acceptable to the taxing authorities.
11. International Customers/Non-U.S. Customers
International Customers and non-U.S. Customers are responsible for understanding their country's international buying laws and should be aware that all international purchases are subject to additional brokerage, duty, or tax fees that are collected at the time of delivery unless otherwise noted by Seller. Seller is not responsible for these charges. If the consignee/receiver refuses to pay these additional charges at the time of delivery, Seller will instruct the shipping carrier to abandon the package. Abandoned packages are destroyed at the shipping warehouse of the local shipping carrier's pick up facility. Seller will not be held responsible for any abandoned packages due to these circumstances. This Site is controlled, operated, and administered by Seller from Seller's offices in the USA. If Buyer accesses this site from a location outside the USA, Buyer is responsible for compliance with all local laws. Buyer agrees that it will not use the Site's content accessed through www.pepperl-fuchs.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
In the event that Buyer fails to pay any amount due to Seller, or otherwise breaches any obligation or covenant contained herein or otherwise to Seller, Seller may, in its discretion, in addition to all other remedies to which Seller may be entitled without affecting an election of remedies, cancel or terminate all obligations to Buyer upon notice to Buyer, or suspend performance by Seller until Buyer pays for such charges or amounts. Furthermore, in the event of a cancellation or termination by Seller, Seller shall be entitled to any and all damages under the Uniform Commercial Code, including without limitation Sections 2.701 et al., including, without limitation, incidental and consequential damages, lost profits, and all other expenses and losses incurred by Seller. Furthermore, in the event of a breach or violation by Buyer of these terms, or any other agreement between the parties hereto, or in the event of any dispute or controversy hereunder, in such event, Buyer shall pay Seller for any and all attorneys' fees incurred in enforcing the terms hereof, or otherwise resolving any dispute with Buyer.
13. Governing Law/Dispute Resolution
In all respects, the parties agree that they shall be subject to, and governed by, the laws of the State of Ohio. In the event that any dispute, controversy, or claim arises between the parties pursuant to this Agreement, the parties agree that any such dispute, controversy, or claim, or to the interpretation, breach, or enforcement thereof, excluding injunctive relief remedies for breach or confidentiality or otherwise, shall be first be mediated (the "Mediation") within 30 days from the date a written request for mediation is made by any party. The Mediation shall be nonbinding and shall be conducted before a single mediator to be agreed upon by the parties. If the parties cannot agree on the mediator, each party shall select a mediator and the mediators selected shall together unanimously select an independent mediator who will conduct the mediation. Each party shall bear the fees and expenses of its mediator and all the parties shall equally bear the fees and expenses of the final mediator, if applicable. Any matters not resolved as provided above shall be commenced and filed in the local courts of Summit County, Ohio, or the federal court with jurisdiction over Summit County, Ohio. Buyer hereby knowingly and irrevocably waives any objection on the grounds that improper jurisdiction or venue to an action in said courts, and agrees that effective service of process may be made upon Buyer by mail at the last known address of the Buyer. Buyer hereby expressly waives any right to a trial by jury.
The Buyer acknowledges that Seller possesses certain confidential or proprietary information of Seller, and of Seller's customers and vendors, including, without limitation, designs, data, ideas, drawings, specifications, trade secrets, formula, technical experience, financial data, financial information, and other valuable, confidential and proprietary information, the Products and services of Seller, which may be disclosed to Buyer or for which Buyer may have access (hereafter "Confidential Information"). At all times thereafter, Buyer agrees not to disclose to any person, firm, or entity any Confidential Information. Furthermore, Seller retains exclusive ownership of all of its Confidential Information, and Buyer obtains no license or other rights thereto. Seller shall also have exclusive rights to any improvements, modifications, or variations of its Products or services, including, without limitation, any and all patent, copyright, trademark, trade name, or other intellectual property rights, and Seller shall not disassemble or reverse engineer the Products or any Confidential Information. The Buyer hereby agrees that if Buyer breaches this Section, Seller shall incur irreparable injury and harm and money damages would be an insufficient remedy, and as such, and in addition to all other remedies, Seller shall be entitled to seek injunctive relief restraining Buyer from further breach of this Section. In the event Buyer and Seller have previously entered into a Non-Disclosure Agreement, Confidentiality Agreement, or similar Agreement, the terms and conditions thereunder shall not be superseded by the Terms and Conditions of Sale set forth herein.
Any legally invalid provision herein shall be considered severable, and the invalidation of any such provision shall not impair the obligations of the parties to comply with all other unaffected provisions hereof.
16. Force Majeure
Seller shall not be responsible for any acts or omissions, nor for events beyond its reasonable control (hereinafter referred to as "Force Majeure"), including but not limited to Acts of God, changes of laws or regulations or other acts of government, labor disputes, strikes, riots, mobs, fires, floods, wars, embargoes, impossibility to obtain necessary material, labor, machinery, or transportation.
17. Entire Agreement
Buyer shall not assign these Terms and Conditions of Sale, or any rights due or delegate any performance owed thereunder without the prior written consent of Seller.
These Terms and Conditions of Sale, or any order, may be modified only in writing signed by Seller. No waiver of any right will be effective against Seller unless supported by consideration and expressly stated in a writing signed by Seller. The failure of Seller to enforce any right will not be construed as a waiver of Seller's right to performance in the future.
FURTHERMORE, THESE TERMS AND CONDITIONS OF SALE ARE SUBJECT TO CHANGE OR DELETION AT ANY TIME WITHOUT PRIOR NOTICE. ANY CHANGES WILL BE INCORPORATED BY REFERENCE INTO THE TERMS AND CONDITIONS OF SALE POSTED TO THIS SITE FROM TIME TO TIME. PEPPERL+FUCHS, INC., ALSO RESERVES THE RIGHT IN ITS SOLE DISCRETION TO EDIT, DELETE, MODIFY, SUSPEND, OR DISCONTINUE ANY CONTENT, FEATURE, ASPECT, PRODUCT, OR SERVICE AVAILABLE THROUGH THIS WEBSITE AT ANY TIME. BY USING THE SITE, YOU AGREE TO REVIEW THE TERMS AS INCLUDED ON OR WITH ANY CONTENT AVAILABLE ON THE SITE, AS WELL AS ANY NOTICE THAT PEPPERL+FUCHS, INC., MAY SEND YOU REGARDING THE TERMS AND CONDITIONS OF SALE. YOUR CONTINUED USE OF THE SITE REPRESENTS YOUR AGREEMENT TO ALL TERMS AND CONDITIONS OF SALE, INCLUDING NEW AND/OR MODIFIED PROVISIONS OF THE TERMS AND CONDITIONS OF SALE.
20. Government Safety Standards
Seller makes no representations of compliance with the regulations or standards issued under the Occupational Health and Safety Act of 1970 or of any other safety and health statutes, regulations, or ordinances, which may be applicable to the Products which are subject to this agreement.
The installation and use of Seller's products should be in accordance with catalog specifications and instructions; and in accordance with the provisions of the U.S. National Electrical Code and/or other local codes that are pertinent. Installation or use not in accordance with these codes and specifications could be hazardous to personnel and/or equipment.
22. Authorized Distributor
In the event Products manufactured by Seller are purchased by Buyer from an Authorized Distributor of Seller, the warranty of Seller as set forth in these Terms and Conditions of Sale shall extend to such Buyer (but only to such Buyer), provided that all claimed defective Products must be returned to such Authorized Distributor at Buyer's expense in accordance with such Authorized Distributor's instructions.
Breach of these Terms and Conditions of Sale by Seller shall have no effect on the provisions controlling the risk of loss of the Products, and Sections 2-510(1) and 2-510(2) of the Uniform Commercial Code shall have no effect on these Terms and Conditions of Sale.
24. Time Limit
It is hereby agreed that no claim, dispute, or other matter in question brought by Buyer against Seller arising out of or relating to the Terms and Conditions of Sale or the breach thereof, may be brought after more than one (1) year after such cause of action may accrue under the laws of the State of Ohio.
Visiting a Site such as www.pepperl-fuchs.com or sending emails or messages to Seller constitutes electronic communications and results in electronic records with Seller. Buyer expressly consents to electronic communications and records and messages from Seller. Buyer expressly consents to receive electronic communications from Seller, and Buyer expressly agrees that all communications that Seller provides Buyer electronically, via email or on this Site, satisfy any legal requirement that such communications be in writing. Buyer may withdraw such express consent at any time by contacting Seller through email, mail, fax, or telephone, as follows:
Seller email: email@example.com
Seller mailing address: 1600 Enterprise Pkwy, Twinsburg, Ohio 44087
Seller fax: 330-425-4607
Seller telephone: 330-425-3555
Buyer's withdrawal of express consent to electronic communications may, at Seller's discretion, result in the termination of the relationship between Seller and Buyer.
When Buyer provides Seller its email address, Seller will email Buyer as necessary to process the order, respond to a request, or provide customer service assistance. For example, after Buyer places an order at www.pepperl-fuchs.com, Buyer will receive an email confirmation and, in most cases, an email with package tracking information upon shipping of Buyer's order.
SELLER MAY ALSO PROVIDE BUYER, BY EMAIL, REGULAR MAIL, FAX, TELEPHONE, OR POSTINGS ON THIS SITE, NOTICES OR SERVICE AND TRANSACTION-RELATED ANNOUNCEMENTS (THE ANNOUNCEMENTS), INCLUDING BUT NOT LIMITED TO CHANGES TO THESE TERMS AND CONDITIONS OF SALE, CHANGES BUYER MAKES TO BUYER'S "MY ACCOUNT" PROFILE OR PASSWORD, AND DATA BREACH NOTIFICATIONS. BY ACCESSING AND USING THIS SITE BUYER EXPRESSLY AGREES THAT SELLER MAY SEND BUYER SUCH NOTICES AND ANNOUNCEMENTS BY EMAIL, REGULAR OR EXPRESS MAIL, FAX, TELEPHONE (BETWEEN 8:00 AM AND 9:00 PM LOCAL TIME AT BUYER'S LOCATION), OR POSTINGS ON THIS SITE. SELLER WILL SEND NOTICES OR ANNOUNCEMENTS WHEN IT IS NECESSARY TO DO SO IN ORDER TO KEEP BUYER INFORMED, IN PARTICULAR, BUT NOT LIMITED TO, WHEN SUCH NOTICES OR ANNOUNCEMENTS MAY AFFECT BUYER'S RIGHTS, BUYER'S SAFETY, THE SECURITY OF BUYER'S PERSONAL INFORMATION, THE WARRANTY OF A PRODUCT, OR SERVICE BUYER PURCHASED, OR AS REQUIRED BY THE LAW. For example, in the unlikely event that Seller has reasons to suspect that its system has been the target of a cyber-attack, Seller reserves the right to contact Buyer by the most reasonable and expedient methods, including by email. Seller may also, but is not obligated to, notify Buyer by email or other methods of communication when it appears that Buyer has made changes to Buyer's "My Account" profile or password. In general, Buyer may not opt-out altogether from these notices or announcements which are not intended to be promotional in nature. Buyer must notify Seller by email, mail, fax, or telephone per instructions stated in this section if Buyer does not wish to receive these messages by a certain method(s) of communication.
Seller may also send Buyer promotional electronic or communications about products, special offers, promotions, services, or events that we believe may be of interest to Buyer. Seller intends to send promotional emails and communication only to those persons who wish to receive them. Seller provides instructions on how to unsubscribe at the bottom of each email communication.
Date of last update: June 15, 2015
The following terms represent Pepperl+Fuchs, Inc.'s warranty of its Products to Buyer, which are incorporated herein and made a part of the Terms and Conditions of Sale.
1. Limited Warranty
Seller offers four (4) Warranties to cover its Products. Section 3 as described below sets forth the Product for which the applicable Warranty applies. The applicable Warranties are as follows:
1) A 12-month Warranty,
2) An 18-month Warranty,
3) A 5-year Warranty,
4) An optional Lifetime Warranty.
All material that has been factory repaired by Seller will have a 6-month warranty on the repair. All warranties, including warranty repairs, begin at the date of shipment to the Buyer. For questions with respect to Warranties, please contact Seller at firstname.lastname@example.org.
2. General Terms and Conditions for All Warranties
Subject to the conditions and requirements set forth herein, Seller warrants the Products covered by the respective Warranties to be free from material defects in material and workmanship under normal and proper usage for the respective time periods listed above from the date of shipment from Seller (or from an authorized Representative or Distributor of Seller). In addition, certain specific items apply to the Warranties. In addition to the Exclusion of Warranties set forth below, Seller is making no other promise, description, affirmation of fact, sample model or representation, oral or written, which may be part of an order or made by a Representative of Seller or otherwise.
These Warranties are subject to the following conditions:
1) These Warranties are limited to the electronic and mechanical performance only, as expressly detailed in the Product specifications and NOT to cosmetic performance.
2) These Warranties shall not apply to any cables attached to, or integrated with the Product. However, the Standard 18-month Warranty shall apply to cables sold separately by Seller.
3) These Warranties shall not apply to any Products which are stored, or utilized, in harsh environmental or electrical conditions outside Seller's written specifications.
4) The Warranties are applicable only to Products shipped from Seller subsequent to January 1, 1992.
5) All claims under these Warranties must be made in writing within thirty (30) days of the date on which the defect is (or, with reasonable diligence, should have been) discovered within the applicable warranty period.
6) These Warranties shall also not apply to any events described in Section 7 below.
3. Products to Which Each Warranty Applies
1) A 12-month Warranty is available on all products not otherwise described in Sections 2, 3, and 4 below. Any product subject to the 18-month Warranty or 5-year Warranty that is used in the production of any custom-designed Solution will continue to be covered by the applicable 18-month Warranty or 5-year Warranty. Customer-specified or customer-supplied subcomponents used in custom-designed Solutions are not included in this Warranty.
2) An 18-month Warranty is available for all standard products not covered under the 12-month Warranty or 5-year Warranty, including the following specific products: Ultrasonic sensors, photoelectric sensors, barcode imagers, barcode laser scanners, RFID control interfaces, RFID read/write heads, RFID read/write tags that have not reached their specified number of write cycles, encoders, cables, and all products with electro-mechanical relays or circuit breakers, purge units, intrinsic safety barriers, remote I/O, standard HMI, signal conditioners, surge barriers, fieldbus and HART interface equipment, power supplies, and transmitters.
3) A 5-year Warranty is available for the following specific products: Inductive sensors, capacitive sensors, magnet-operated sensors, and RFID read-only tags sold to the original user.
4) An optional Lifetime Warranty is available for inductive sensors and capacitive sensors if the Lifetime Warranty registration is completed, returned, and approved in writing by Seller.
The following terms and conditions apply to the optional Lifetime Warranty in addition to the general Terms and Conditions:
1) This Lifetime Warranty is available only to an Original User and shall be valid only if the Product was purchased by the Original User from Seller, or from an authorized Seller Representative or Distributor, or was an integral part of machinery and equipment obtained by the Original User from an Original Equipment Manufacturer, which itself purchased the Product directly from Seller or from an authorized Representative or Distributor of Seller. (The term "Original User" means that the person, firm, or corporation which first purchases and uses the Product on a continuous basis in connection with the operation of a production line, piece of machinery, equipment, or similar device.) In the event the ownership of the Product is transferred to a person, firm, or corporation other than Original User, this Lifetime Warranty shall immediately terminate.
2) This Lifetime Warranty shall be effective only if the Lifetime Warranty Registration has been completed, signed, by the Original User and received and approved in writing by Seller not later than six (6) months after the Product (or the machinery or equipment in which the Product was installed) was delivered to the Original User, or two (2) years from the date the Product was shipped from Seller, whichever date first occurs. A Lifetime Warranty Registration Form (PDF, 119 KB) is available as a PDF download at www.pepperl-fuchs.com.
4. Buyer's Remedies
The limited remedies hereunder are Buyer's sole and exclusive remedies for the Warranties. If the Buyer desires to make a Warranty Claim, Buyer shall notify Seller, or if applicable, the authorized Seller Distributor from which the Product was purchased. If requested by Seller, Buyer shall ship the Product to Seller's applicable facility, postage or freight prepaid. Seller shall, at its option take either of the following two courses of action for any Products which Seller determines there is a valid warranty claim, which shall represent the sole and exclusive obligations of Seller, and Seller shall have no other obligation or liability whatsoever to Buyer for the Warranties:
1) Repair or replace the Product and ship the Product to the Buyer or to the authorized Seller Distributor, postage or freight prepaid; or
2) Repay to the Original User that price received by Seller for the Product, provided that if the claim is made under the Lifetime Warranty, and such Product is not then being manufactured by Seller, then the amount to be repaid by Seller to the Original User shall be reduced according to the following schedule:
|NO. OF YEARS SINCE DATE OF PURCHASE BY ORIGINAL USER||% OF ORIGINAL PURCHASE PRICE TO BE PAID BY SELLER|
|More than 20||5%|
IN ADDITION TO THE LIMITATIONS BELOW, BUYER'S REMEDIES SHALL BE LIMITED EXCLUSIVELY TO THE RIGHT OF REPLACEMENT OR REPAIR, OR REPAYMENT, AS PROVIDED ABOVE, WHICH DOES NOT INCLUDE ANY LABOR COSTS OR REPLACEMENT AT BUYER'S SITE.
THE LIMITED WARRANTY AS STATED IN THE SECTION ABOVE IS THE ONLY WARRANTY MADE BY SELLER WITH RESPECT TO THE PRODUCTS SOLD UNDER THIS AGREEMENT. THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, AND THERE ARE NO OTHER REPRESENTATIONS, GUARANTIES, OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE BEING MADE BY SELLER. No employee, distributor, or representative is authorized to change the limited warranty in any way or grant any other warranty on behalf of Seller. The limited warranty does not extend to any component parts or individual parts not manufactured by Seller; however, Seller's limited warranty herein shall not limit any warranties made by manufacturers of component or individual parts which may extend to Buyer.
6. Limitation of Remedies
IN NO EVENT SHALL SELLER BE LIABLE FOR ANY SPECIAL, DIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, INCOME, OR PROFITS, OR ANY PROPERTY DAMAGE, PERSONAL INJURY, OR BUSINESS INTERRUPTION, EVEN IF SELLER IS ADVISED, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. THE LIABILITY OF SELLER, AND BUYER'S SOLE EXCLUSIVE REMEDY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, AND ANY AND ALL DAMAGES IMPOSED UPON SELLER, SHALL BE LIMITED TO, AT SELLER'S OPTION, AS PROVIDED IN SECTION 4 ABOVE, THE REPAIR OR REPLACEMENT (F.O.B. SELLER'S PLANT) BY SELLER OF ANY NONCONFORMING PRODUCTS FOR WHICH CLAIM IS MADE BY BUYER ABOVE, OR TO THE REPAYMENT OF THE PORTION OF THE PURCHASE PRICE PAID BY BUYER ATTRIBUTABLE TO THE NONCONFORMING PRODUCT.
Seller shall not be responsible for any damage or injury resulting to or caused by any Product or services for any reason due to actions or inactions of Buyer, its employees, contractors, representatives, agents, or any other party, including without limitation, by reason of improper installation, improper storage, unauthorized service, alteration of the Product, neglect or abuse or the use of the Product in a manner inconsistent with design, misuse, abuse, accident, damage, abnormal operating conditions or applications above the rated capacity of the Products, operating conditions or applications not made known to or contemplated by Seller at the time of the order, or a purpose or application other than or varying in any degree from that for which the Products were designed. Seller shall not be liable for any delays or losses caused by Seller's error, unless such delays and losses are caused by willful misconduct of Seller. The Buyer acknowledges and agrees that if the Buyer identifies specific applications for the use of Seller's Product, Seller shall not be responsible for any deviations from the applications or nondisclosure of Buyer of any additional information, including, but not limited to Buyer's failure to properly install the Product. If design and specifications are specified by the Buyer, the parties agree that Buyer is exclusively responsible for design and specification plans. Seller shall not be responsible for the correctness or adequacy of any design details, plans, or material not furnished by Seller. The parties further agree that Seller shall not be responsible for any Product which has been modified or integrated with other Product not designed or selected by Seller. Furthermore, Seller has no liability for any Product which has been modified or repaired, improperly installed, altered or disassembled (except according to Seller's written instructions) or any Product if the machinery, equipment, or production line to which the Product is originally connected or on which the Product is originally installed is abandoned, changed, substituted, moved, or replaced or if the Product is removed from such machinery, equipment, or production line or other original application.
8. Consider Safety and Protection Precautions
Seller takes great care to design and build reliable and dependable Products; however, some Products can fail eventually. Buyer must take precautions to design Buyer's equipment to prevent property damage and personal injury in the unlikely event of failure. As a matter of policy, Seller does not recommend the installation of electronic controls as the sole device for the protection of personnel in connection with power driven presses, brakes, shears and similar equipment and, therefore, the customer should build in redundancy or dual control using approved safety devices for these applications.
Date of last update: June 15, 2015
Legal Information and Disclaimer
This statement was last updated on December the 9th 2009.
This website (the “Website”) is owned and operated by
Tel: +49 621 776 - 0
http://www.pepperl-fuchs.com | email@example.com
Managing Director: Dr.-Ing. Gunther Kegel (Vors.), Werner Guthier, Mehmet Hatiboglu
Reg.-Office: Mannheim HRB 4713
Ust-ID Nr.: DE 143877372
in the following referred to as “the Company”.
2. Acceptance of Terms
3. Intellectual Property
The Information published on the Website includes, among others, text, software, photos, video, graphics, music or sounds that are protected by international copyright, patent and trademark laws.
No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of the Company and/or other parties is granted to or conferred upon you.
You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the Information published on the Website in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted by law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of the Company and the copyright owner.
In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.
You shall not upload post or otherwise make available on the Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.
You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission by you. By submitting material or content to the Website, you automatically grant, or warrant that the owner of such material has expressly granted the Company the royalty fee, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other User to access, view, store or reproduce such material for that User's personal use. You hereby grant the right to the Company to edit, copy, publish and distribute any material made available on the Website by you.
The foregoing provisions are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
4. User’s Conduct
You shall use the Website for lawful purposes only and shall refrain from posting or transmitting through the Website any material which violates or infringes in any way the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law, or which, without the Company's express prior approval, contains advertising or any solicitation with respect to products or services.
User shall not use the Website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of Users to become subscribers of other on-line information services competitive with the Website.
You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper operation of our Website, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein, without the prior express consent from an authorized representative of the Company (such consent is deemed given for standard search engine technology employed by Internet search web sites to direct Internet users to this site).
Finally, no links to the Website may be included in any other website without the Company’s prior written permission.
5. Disclaimer of Warranty & Limitation of Liability
You expressly agree that your use of the Website is at your sole risk.
ALL INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN SPITE OF COMPANIES’ BEST ENDEAVOURS, THE COMPANY DOES NOT WARRANT THAT THIS WEB SITE WILL BE FREE OF ANY DEFECT OR COMPUTER VIRUSES.
The content of this Website serves informative purposes only and the Company endeavors that all information on this web site is accurate. However, the Company’s Information may contain technical inaccuracies and typographical errors. The Company shall not assume responsibility or liability for any such inaccuracies, errors or omissions.
The Company, its affiliates, information providers or content partners and their officers and directors or representatives shall not be held liable for any errors, inaccuracies, omissions, or other defects in the Information, or for any delay or interruption in the transmission of such Information to any User, regardless of the cause or duration, or for any claims or losses arising there from or occasioned thereby. You hereby acknowledge that the provisions of this section shall apply to all Information published on the Website.
Neither the Company nor any of its subsidiaries or affiliates nor their officers and directors or representatives shall be held liable for any third-party claims or direct, indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the Information, content, materials, and functions of this Website or any linked web site, even if the Company is expressly advised of the possibility of such damages.
The Company, its affiliates, information providers or content partners shall have no liability for investment decisions based on the Information published on the Website.
6. Products Availability
The Company’s Internet website may contain information on Pepperl+Fuchs Group’s worldwide products, not all of which are available in every location. A reference to a Pepperl+Fuchs Group product or service on a Company’s Website does not imply that such product or service is or will be available in your location.
7. Links to third party Websites
The Company shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability and equipment needed for access or use.
9. Maintenance of Hardware and equipments
User shall be responsible for obtaining and maintaining all telecommunication, computer hardware and other equipment needed for access to and use of the Website and support all charges related thereto.
10. JURISDICTION, APPLICABLE LAW
By viewing this site you are deemed to agree to the jurisdiction of the courts at the main place of business of the Company and the application of the national laws applicable at this place of business in respect of any action arising there from or related thereto.
1.Usually, the Website can be visited without having to give personal data. The Company collects processes or uses personal data only as far as the user reveals it and if it is necessary for the constitution, organization in content or the alteration of a contract.
2. This Website does not collect personally identifiable information when you browse this Web site and request pages from our servers unless you voluntarily and knowingly provide it to the Company (information requests, entering into agreements with the Company, etc.). This means that the Company will not know your name, your email address, or any other personally identifiable information just because you browse the Web site. The Company stores IP-addresses, dates of the Website visit, the browser used and the web page you visited before the Website.
3. The Company will send personally identifiable information about you to third parties in the following limited circumstances:
- You consent to share such information.
We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to
(a) satisfy any applicable law, regulation, legal process or enforceable governmental request,
(b) enforce the provisions stated in our Legal Statement, including investigation of potential violations thereof,
(c) detect, prevent, or otherwise address fraud, security or technical issues, or
(d) protect against imminent harm to the rights, property or safety of the Company or the public as required or permitted by law.
4. The Web site uses "cookie" technology. "Cookies" are encrypted strings of text that a Web site stores on a user's computer.
The types of Cookies that we use are referred to as "Session Cookies” and/or “Persistent Cookies”.
Session Cookies are temporary and are automatically deleted once the session ends.
Persistent Cookies remain on your computer hard drive until you delete them or are otherwise removed upon expiration.
We use Session-Cookies to store information which enables us to improve your experience with our Website. You may set your browser to reject Cookies (consult the instructions for your particular browser on how to do this).
If your bowser rejects cookies some functionalities on the our Website will not work or not work as expected.
Please find further information on Google Analytics Terms of Service & Privacy at https://support.google.com/analytics/answer/6004245. Please note that on this website, Google Analytics code is supplemented by “gat._anonymizeIp();” ensuring an anonymized collection of IP addresses (so called IP-masking).
All changes will be made here so that you will always know what information we gather, how we might use that information and whether we will disclose it to anyone.
Additional Data Protection Information Regarding the Electronic Newsletter
If you would like to subscribe to our newsletter, you will need to provide us with details of your first name and last name, as well as an email address to which we can send the newsletter.
By providing your email address, you consent to us using this address to send you the newsletter, to keep you up to date with the latest news from Pepperl+Fuchs.
In addition, on opening the first, automatically generated confirmation email regarding the delivery of the electronic newsletter, and every subsequent newsletter email, the following information is sent to us:
- Details of how often an article has been read (without conclusions being drawn about individual persons)
- Date of registration and whether subscribers have unsubscribed from the newsletter, if applicable
- Any returns, if applicable (e.g. if an email account is not available or the inbox is full)
We use this data to manage the way in which we send the newsletter, and only evaluate the data for statistical purposes, so that we can continue to optimize the services we offer. By subscribing to the newsletter, you agree to this data being used. Your information will not be used for any other purpose, and in particular will not be passed on to third parties.
As you would expect, you are free to unsubscribe from the newsletter at any time and revoke the consent granted for future instances. To do so, please click on the corresponding button in the newsletter sent.