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Welcome to the MotiCont Web Site ("Site"). Please review the following basic
terms that govern your use of and purchase of products from our Site. Please
note that your use of our Site constitutes your agreement to follow and be bound
by those terms (the "Agreement").
General
We may from time to time change the terms that govern your use of our Site. Your
use of our Site following any such change constitutes your agreement to follow
and be bound by the terms as changed. We may change, move or delete portions of,
or may add to, our Site from time to time.
Site Contents
Unless otherwise noted, all materials, including images, illustrations, designs,
icons, photographs and written and other materials that appear as part of this
Site (collectively, the "Contents") are copyrights, trademarks, and/or other
intellectual properties owned, controlled or licensed by MotiCont collectively,
and its parent company, subsidiaries and/or affiliates. The Site as a whole is
protected by copyright. The Contents of our Site, and the Site as a whole, are
intended solely for legitimate business purposes to access the information
provided by MotiCont at this Web site for the purchase of merchandise from the
Site.
MotiCont's Communications to You
You agree that MotiCont may send electronic mail to you for the purpose of
advising you of changes or additions to this Site, about any of our products or
services, or for such other purpose(s) as MotiCont deems appropriate.
Limitation of Liability
MotiCont hardware and software are high quality commercial grade products. Any use of our products in an application where life or safety is at risk must be evaluated and verified by the user proir to implementing the product.
MotiCont assumes
no risk or liability for results of the use of products purchased from it, in
combination with any mechanical, electrical or electronic components, circuits,
assemblies, systems or any other material or substances, or unsuitability of any
product for use in any circuit or assembly or environment.
In no event shall MotiCont be
liable to any customer for costs or damages, including lost profits, lost
savings or other incidental or consequential damages arising out of the use or
inability to use such products even if MotiCont or
an authorized MotiCont representative
has been advised of the possibility of such damages, or for any claim by any
other party. In any event, MotiCont liability
arising in any manner in connection with the products, whether based in
contract, product liability or tort, shall not exceed the purchase price of the
product.
Warranty
MotiCont warrants its products for a period of one (1) year from the date of
delivery, to be free from defects in workmanship and material, under normal use
and service. This warranty applies solely to parameters covered in published
specifications. The purchaser must notify MotiCont, in writing, of such defects,
and return the product intact. Purchaser’s right under this warranty shall
consist solely of requiring MotiCont to repair or in MotiCont’s sole discretion,
replace, FOB MotiCont, any item received within said one year period, and
determined by MotiCont to be defective. This warranty shall not apply to any
product which has been altered or repaired outside of MotiCont, or which has
been subject to misuse, accident, negligence, or improper wiring or installation
by others. MotiCont assumes no risk or liability for results of the use of
products purchased from it, in combination with any mechanical, electrical or
electronic components, circuits, assemblies, systems or any other material or
substances, or unsuitability of any product for use in any circuit or assembly
or environment. This warranty constitutes the sole and exclusive remedy of the
purchaser and the exclusive liability of MotiCont, and is in lieu of any and all
other warranties, expressed or implied, including any implied warranty of
merchantability or fitness for a particular purpose. In no event shall MotiCont
be liable or responsible for other special, direct, incidental or consequential
damages.
The performance data contained in this bulletin is based on reliable laboratory
tests, and all prices, data, dimensions and tolerances have been thoroughly
checked to minimize possible errors. However, MotiCont cannot assume
responsibility or liability for errors, omissions, misunderstandings, or
inconsistencies. The users should perform their own tests and evaluations to
determine the suitability of the products for their intended uses.
MotiCont's products are not intended for use in any manner where human life or
safety is at risk and are not intended for life support equipment.
MotiCont reserves the right to change designs and/or specifications without
notice.
Pricing Information
The prices displayed at the Site are quoted in U.S. Dollars.
Links to Other Web Sites and Services
To the extent that this Site contains links to outside services and resources,
the availability and content of which MotiCont does not control, any concerns
regarding any such service or resource, or any link thereto, should be directed
to the particular outside service or resource.
Disclaimer
This Site and all contents of the site are provided on an "as is" basis without
warranties of any kind, either expressed or implied, including without
limitation warranties of title or implied warranties of merchantability or
fitness for a particular purpose.
You acknowledge, by your use of the site, that your use of the
site is solely at your own risk, that you assume full responsibility for all
costs associated with all necessary servicing or repairs of anything you use in
connection with your use of our site, and that MotiCont shall not be liable for
any damages of any kind related to your use of this site.
Indemnification
You agree to defend, indemnify and hold MotiCont harmless from any and all
claims, damages, costs and expenses, including attorneys' fees arising from or
related to your use of the Site.
Trademarks And Copyrights
Purchaser acknowledges that it has no right, title or interest in the trademarks
or copyrights in the products, and Purchaser covenants that it will take no
action to register or otherwise interfere with such rights.
Miscellaneous
This Agreement shall be construed in accordance with the laws of the State of
California, without regard to any conflict of law provisions. Any dispute
arising under this Agreement shall be resolved exclusively by the state and
federal courts of the State of California, County of Los Angeles.
Termination
This Agreement is effective unless and until terminated by MotiCont. MotiCont
may terminate this Agreement at any time and may do so immediately without
notice, and accordingly deny you access to the Site, if in MotiCont's sole
discretion you fail to comply with any term or provision of this Agreement.
Cancellation
Any cancellation must be approved by MotiCont, and may be subject to restocking
and other charges.
Return policy
All sales are final.
The defective units must be returned 100 percent complete in
original package and contain all manuals, blank warranty cards (if any) and
other accessories and documentation provided by the manufacturer.
Please call our Returns Department to obtain a Return
Merchandise Authorization (RMA) number before shipping your product. No returns
of any type will be accepted without an RMA number.
Customer is responsible for shipping charges on returned items. For your
protection, MotiCont strongly recommends you fully insure your return shipment
and you use a carrier that can provide you with proof of delivery.
If, when merchandise is
delivered, it appears to be damaged, it is best to refuse delivery. If you
accept the package make sure the damage is noted on the carrier's delivery
record in order for MotiCont to file a damage claim. Save the merchandise and
the original box and packaging it arrived in, notify MotiCont immediately to
arrange for a carrier inspection and a pick up of damaged merchandise.
Export Control
Buyer agrees that neither buyer nor its subsidiaries shall export, re-export, or release, directly or indirectly, any product, technology or software received from Moticont to any destination or country to which the export, re-export or release of the product, technology or software is prohibited by the United States government.
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