The sale of products and services ("Products") by EarthTron LLC and its divisions, subsidiaries, and affiliates ("EarthTron") are subject to these terms and conditions ("Agreement") regardless of other or additional terms or conditions that conflict with or contradict this Agreement in any purchase order, document, or other communication ("Order"). Preprinted terms and conditions on any document of customer ("Customer") (for example: Orders or confirmations) and/or EarthTron's failure to object to conflicting or additional terms will not change or add to the terms of this Agreement.
- EARTHTRON'S LIMITED WARRANTY. EarthTron will pass through to Customer any transferable Product warranties provided to EarthTron by the manufacturer for repair or replacement. In no case shall Earthtron be liable to pay an amount greater than that credited by the product manufacturer, less any outstanding invoices. If required by law, EarthTron warrants that at the time of delivery, the Products shall have the specifications stated by the manufacturer in its published data sheet for the Products for 30 days from delivery of Products. To the extent permitted by law, EarthTron makes no other warranty, express or implied, such as warranty of merchantability, fitness for purpose or non-infringement. Customer's sole remedies for breach of EarthTron's warranty are, at EarthTron's choice: (i) repair the Products; (ii) replace the Products at no cost to Customer; or (iii) refund Customer the purchase price of the Products.
- PRODUCT RETURN.Customer may return Products to EarthTron only with a return material authorization ("RMA") number issued by EarthTron. Customer must notify EarthTron in writing of any damage to the outer packaging or the Products, shortage, or other discrepancy ("Visual Defect") within 3 days after receipt of the shipment; otherwise, Customer is deemed to have accepted the Products and may not revoke acceptance. RMAs will be issued only for Visual Defects created solely by EarthTron or the original manufacturer, and only if Customer satisfies the notice requirement. RMAs will not be granted for damage, shortage, or other discrepancy created by Customer, the carrier or freight provider, or any other third party. Product return pursuant to a warranty requires written notice from Customer to EarthTron within the warranty period detailing the Product defect as well as a test report from a certified test house with expertise in the subject product. Customer must return the Products to EarthTron freight prepaid in original manufacturer's shipping cartons or equivalent, along with acceptable proof of purchase, within the warranty period and as specified in the RMA. At EarthTron's discretion, EarthTron will return all Products not eligible for return to Customer, freight collect, or hold Product for Customer's account at Customer's expense
- LIMITATION OF LIABILITY. EarthTron LLC's liability to Customer is limited to Customer's direct damages up to an amount not exceeding the price of the Product at issue. This limitation of liability does not apply in case of death or personal injury caused by EarthTron LLC's negligence. EarthTron LLC is not liable for and Customer is not entitled to any indirect, special, incidental or consequential damages (for example, loss of profits or revenue, loss of data, loss of use, rework, repair, manufacturing expense, costs of product recall, injury to reputation or loss of customers). To the extent EarthTron LLC cannot lawfully disclaim any implied or statutory warranties, Customer's statutory rights are not affected by this limitation of liability.
- USE OF PRODUCTS.Customer shall comply with the manufacturer's or supplier's Product specifications. Products are not authorized for use in critical safety or other applications where a failure may reasonably be expected to result in personal injury, loss of life, or serious property damage. If Customer uses or sells the Products for use in any such applications or fails to comply with the manufacturer's Product specifications, Customer acknowledges that such use, sale, or non-compliance is at Customer's sole risk.
- Export/Import. If these parts are to be exported out of the U.S. you are responsible to ensure that these commodities, technologies, or software are exported from the United States in accordance with the export administration regulations. Diversion contrary to the U.S. law is prohibited.
Effective March 1, 2008