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.
Customer agrees to provide timely payment for the Products in accordance with the terms of payment set forth on the reverse side hereof or in any proposal submitted herewith. If any payment is not paid on or before its due date, Customer shall pay interest on such late payment from the due date until paid at the lesser of 12% per annum or the maximum rate allowed by law.
If Buyer is in default (including, but not limited to, the failure by Buyer to pay all amounts due and payable to Seller) under the work or purchase order or any other agreement between Buyer and Seller, Buyer’s rights under the warranty shall be suspended during any period of such default and the original warranty period will not be extended beyond its original expiration date despite such suspension of warranty rights.
7. MISCELLANEOUS PROVISIONS:
This agreement has been made in and shall be governed by the laws of the State of Arizona. These terms and conditions and the description of the Products on the reverse side hereof or in any proposal submitted herewith constitute the entire agreement and understanding of the parties with respect to this sale and supersede all prior and contemporaneous agreements or understandings, inducements or representations, expressed or implied, written or oral, between the parties with respect hereto. Any term or provision of this Agreement may be amended, and any observance of any term of this Agreement may be waived, only by a writing signed by the party to be bounds. The waiver by a party of any breach shall not be deemed to constitute a waiver of any other breach. Should suit be brought on this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs of suit including costs and attorneys’ fees incurred on appeal or in collection of any judgment.