SALES POLICY


Wholesale Only

American Control Electronics sells products for business use to customers with business identification. Identification required from all customers. Possession of, or access to, any American Control Electronics catalog, literature or websites does not constitute the right to purchase from American Control Electronics. American Control Electronics reserves the right to correct publishing errors. All references herein to the term "products" shall include services provided by American Control Electronics.

Prices

Prices listed are wholesale, do not include freight, handling fees, or taxes and/or duties, and are subject to correction or change without notice. Market Sensitive Commodity items will be priced according to current market conditions.

Sales Tax

Customers are responsible for all applicable taxes or for providing a valid sales tax exemption certificate.

Payment Terms

American Control Electronics accepts cash, checks, money orders, Visa, MasterCard, American Express, and Discover. For customers with established American Control Electronics credit, payment terms are net 30 days from the date of shipment or pick-up. Anticipation and cash discounts are not allowed. Export orders may be subject to special export payment terms and conditions. All payments must be in U.S. dollars. American Control Electronics shall have the right of set-off and deduction for any sums owed. If customer fails to make payment within thirty (30) days, American Control Electronics may defer shipments until such payment is made, or may, at its option, cancel all or any part of unshipped order.

WARRANTY POLICY


Warranty

American Control Electronics warrants that its products will be free from defects in workmanship and material for twelve (12) months or 3000 hours, whichever comes first, from date of manufacture thereof. Within this warranty period, American Control Electronics will repair or replace, at its sole discretion, such products that are returned to American Control Electronics, 14300 De La Tour Drive, South Beloit, Illinois 61080 USA. This warranty applies only to standard catalog products, and does not apply to specials. Any returns for special controls will be evaluated on a case-by-case basis. American Control Electronics is not responsible for removal, installation, or any other incidental expenses incurred in shipping the product to and from the repair point.

Disclaimer

The provisions of the Warranty are American Control Electronics’s sole obligation and exclude all other warranties of merchantability for use, express or implied. American Control Electronics further disclaims any responsibility whatsoever to the customer or to any other person for injury to the person or damage or loss of property of value caused by any product that has been subject to misuse, negligence, or accident, or misapplied or modified by unauthorized persons or improperly installed.

Limitations of Liability

In the event of any claim for breach of any of American Control Electronics’s obligations, whether express or implied, and particularly of any other claim or breach of warranty contained in the Warranty, or of any other warranties, express or implied, or claim of liability that might, despite the Disclaimer, be decided against American Control Electronics by lawful authority, American Control Electronics shall under no circumstances be liable for any consequential damages, losses, or expenses arising in connection with the use of, or inability to use, American Control Electronics’s product for any purpose whatsoever. An adjustment made under warranty does not void the warranty, nor does it imply an extension of the original 12-month warranty period. Products serviced and/or parts replaced on a no-charge basis during the warranty period carry the unexpired portion of the original warranty only. If for any reason any of the foregoing provisions shall be ineffective, American Control Electronics’s liability for damages arising out of its manufacture or sale of equipment, or use thereof, whether such liability is based on warranty, contract, negligence, strict liability in tort, or otherwise, shall not in any event exceed the full purchase price of such equipment. Any action against American Control Electronics based upon any liability or obligation arising hereunder or under any law applicable to the sale of equipment or the use thereof, must be commenced within one year after the cause of such action arises.

Force Majeure

American Control Electronics shall not be liable for any delay in or impairment of performance resulting in whole or in part from any force majeure event, including but not limited to Acts of God, labor disruptions, shortages, inability to procure product, supplies or raw materials, severe weather conditions, or any other circumstances or cause beyond the control of American Control Electronics in the conduct of its business.

Prompt Disposition

American Control Electronics will make a good faith effort for prompt correction or other adjustment with respect to any product, which proves to be defective within warranty period. Before returning any product, write or call the American Control Electronics branch from which the product was purchased, or contact Customer Care at 1-888-646-2745, giving date and number of original invoice, and describing defect.

Product Suitability

Many states and localities have codes and regulations governing sales, construction, installation, and/or use of products for certain purposes, which may vary from those in neighboring areas. While American Control Electronics attempts to assure that its products comply with such codes, it cannot guarantee compliance, and cannot be responsible for how the product is installed or used. Before purchase and use of a product, please review the product application, and national and local codes and regulations, to be sure that the product, installation, and use will comply with them.

No Warranties to Consumers

American Control Electronics makes no warranties to those defined as consumers in the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act.

FREIGHT POLICY


Shipping Charges

Products are shipped F.O.B. shipping point with freight costs and handling fees paid by American Control Electronics and charged to the customer. C.O.D. shipments are not permitted. Other terms and conditions may apply for freight collect, export orders, hazardous materials, special handling or shipments outside the contiguous United States. Any extra charges incurred for additional services, such as customer's carrier or special handling by the carrier, must be paid by the customer. Title and risk of loss pass to the customer upon tender of shipment to the carrier. If product is damaged in transit, customer must file claim with the carrier.

PRODUCT INFORMATION


OSHA Hazardous Substance

Material Safety Data Sheets (MSDS) for OSHA defined hazardous substances are prepared and supplied by manufacturers. The information and recommendations contained on the MSDS are believed by American Control Electronics to be accurate. American Control Electronics, however, makes no warranties with respect to the accuracy of the information or the suitability of the recommendations. Customer is solely responsible for any reliance on or use of any information, and for use or application of any product. American Control Electronics disclaims any and all liability to any user.

ADDITIONAL TERMS


Product Substitution

Products (and country of origin) may be substituted and may not always exactly match catalog descriptions and/or images.

Cancellation

Any cancellation must be approved by American Control Electronics, and may be subject to restocking and other charges.

Availability

Certain products may not be available for sale in all areas.

WARRANTY DISCLAIMER ALTHOUGH AMERICAN CONTROL ELECTRONICS HAS USED REASONABLE EFFORTS TO ACCURATELY ILLUSTRATE AND DESCRIBE THE PRODUCTS IN ITS CATALOGS, LITERATURE, AND WEBSITES, SUCH ILLUSTRATIONS AND DESCRIPTIONS ARE FOR THE SOLE PURPOSE OF PRODUCT IDENTIFICATION AND DO NOT EXPRESS OR IMPLY A WARRANTY AFFIRMATION OF FACT, OF ANY KIND OR A WARRANTY OR AFFIRMATION OF FACT THAT THE PRODUCTS WILL CONFORM TO THEIR RESPECTIVE ILLUSTRATIONS OR DESCRIPTIONS. AMERICAN CONTROL ELECTRONICS EXPRESSLY DISCLAIMS ANY WARRANTY OR AFFIRMATION OF FACT, EXPRESS OR IMPLIED, OTHER THAN AS SET FORTH IN THE WARRANTY STATEMENT ABOVE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, AMERICAN CONTROL ELECTRONICS EXPRESSLY DISCLAIMS ANY LIABILITY RELATED TO PRODUCT MISUSE, IMPROPER PRODUCT SELECTION, PRODUCT RECOMMENDATION, OR PRODUCT MISAPPLICATION.