Terms and Conditions applying to all PACE Technologies Products
1. LIMITED WARRANTY AND DISCLAIMER:
PACE Technologies Products are warranted for one year from the purchase date to be free from defects in material and workmanship under correct use, normal operating conditions, and proper application. PACE Technologies obligation under this warranty shall be limited to the repair or exchange, at PACE Technologies option, of any PACE Technologies Product or part which proves to be defective as provided herein. PACE Technologies reserves the right to either inspect the product at Buyer’s location or require it to be returned to the factory for inspection. Buyer is responsible for freight to and from factory on all warranty claims. The above warranty does not extend to goods damaged or subjected to accident, abuse or misuse after release from PACE Technologies warehouse, nor goods altered or repaired by anyone other than specifically authorized PACE Technologies representatives. PACE Technologies shall not in any way be responsible for the consequences of any alteration, modification or misuse unless previously approved in writing by an officer of PACE Technologies. Note: Corrosion is considered a maintenance issue and not a warranty issue.
PACE TECHNOLOGIES MAKES NO EXPRESS WARRANTIES OTHER THAN THOSE WHICH ARE SPECIFICALLY DESCRIBED HEREIN. Any description of the goods sold hereunder, including any reference to Buyer’s specifications and any description in catalogs, circulars and other written material published by PACE Technologies, is the sole purpose of identifying such goods and shall not create an express warranty that the goods shall conform to such description.
THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED. THERE ARE NO IMPLIED WARRANTIES OF MECHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. THIS WARRANTY STATES PACE TECHNOLOGIES ENTIRE AND EXCLUSIVE LIABILITY AND BUYER’S EXCLUSIVE REMEDY FOR ANY CLAIM FOR DAMAGES IN CONNECTIONS WITH PACE TECHNOLOGIES PRODUCTS. PACE TECHNOLOGIES WILL IN NO EVENT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, NOR FOR ANY SUM IN EXCESS OF THE PURCHASE PRICE.
2. LIABILITY CAP:
PACE Technologies maximum aggregate liability for loss and damage arising under, resulting from or in connection with the supply or use of the Equipment and Consumables provided under this purchase, or from the performance or breach of any obligation (s) imposed hereunder, whether such liability arises from any one or more claims or actions for breach of contract, tort, (including negligence), delayed completion, warranty, indemnity, strict liability or otherwise, unless otherwise limited by the terms hereof, shall be limited to one hundred percent (100%) of the purchase price.
3. DELIVERY: Customer assumes and shall bear the risk of all loss or damage to the Products from every cause whatsoever, whether or not insured, and title to such Products shall pass to Customer upon PACE Technologies delivery of the Products to the common carrier of Pace Technologies choice, or the carrier specified in writing by Customer, for shipment to Customer. Any claims for breakage, loss, delay, or damage shall be made to the carrier by the Customer and Pace Technologies will render customer reasonable assistance in prosecuting such claims.
Customer shall inspect the Products promptly upon receipt of delivery. Unless customer objects in writing within thirty (30) business days thereafter, customer shall be deemed to have accepted the Products. All claims for damages, errors, or shortage in Products delivered shall be made by Customer in writing within such five (5) business day period. Failure to make any claim timely shall constitute acceptance of the Products.