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Warranty Terms

Items purchased from Automation Recovery LLC (“Automation Recovery”) may not be covered by the manufacturer’s warranty because Automation Recovery is not an “authorized” dealer of the merchandise.  However, the item may be covered by Automation Recovery’s add-on Warranty, the terms of which are set forth below.

1. Warranty Return Policy

Surplus items purchased from Automation Recovery may not be covered by the manufacturer’s warranty because Automation Recovery is not an “authorized” dealer of the surplus merchandise.  However, the item is covered by Automation Recovery’s add-on Warranty, the terms of which are set forth below.

1.1 Automation Recovery warrants that the good(s) sold pursuant to a particular order (“Goods”) shall be free from defects in materials and workmanship for a period of one (1) or two (2) years from the date the customer is invoiced for the Goods (“the Warranty Period”). The foregoing warranty shall only be applicable to Goods stored, installed, handled, operated, or otherwise used under normal conditions.

1.2 All warranties issued are provided by Automation Recovery, not the manufacturer. All warranties issued herein are non-transferable without Automation Recovery’s prior written consent.

1.3 If, during the Warranty Period, a customer wishes to make a claim under Section 1.1 (“Warranty Claim”), the customer shall provide notice using the following methods:

(a) Email: sales@ Automation Recovery.com;

(b) Phone: 1-586-741-5274;

1.4 Upon receipt of a Warranty Claim, Automation Recovery will issue a Return Authorization Number (“RMA”). Automation Recovery will not accept any Warranty Claim without a valid RMA.

1.5 Freight and rush fees for Goods returned under Warranty Claims shall remain the responsibility of the customer.

1.6 Automation Recovery’s obligation shall be limited to the repair or replacement, in Automation Recovery’s sole discretion, of any such Good (or part/component thereof as Automation Recovery determines) free of charge to the customer. If Automation Recovery determines that the Good cannot be repaired or replaced, Automation Recovery shall credit the customer’s account in an amount equal to the sum the customer paid for it.

1.7 Any warranty claim must be received before the end of the Warranty Period, together with return of the Good within this same period, and must include Automation Recovery’s RMA number.

1.8 This warranty is given in lieu of any other warranties, either express or implied, including that Automation Recovery disclaims any warranty of merchantability, fitness for a particular purpose and/or non-infringement. In no event shall Automation Recovery be liable for any damages except actual damages up to, but not exceeding, the amount customer paid to Automation Recovery for the particular Good. Further, Automation Recovery shall not be liable for any special damages including consequential damages, incidental damages, lost profits, or lost revenue.

(a) While many Allen-Bradley PLC products will have firmware already installed, Automation Recovery makes no representation as to whether a PLC product will or will not have firmware and, if it does have firmware, whether the firmware is the revision level that you need for your application. Automation Recovery also makes no representations as to your ability or right to download or otherwise obtain firmware for the product from Rockwell, its distributors, or any other source. Automation Recovery also makes no representations as to your right to install any such firmware on the product. Automation Recovery will not obtain or supply firmware on your behalf. It is your obligation to comply with the terms of any End-User License Agreement or similar document related to obtaining or installing firmware.

2. Other Terms:

2.1 All sales and services are presumed to have taken place in Michigan and those above-described warranties provided by Automation Recovery shall be construed under Michigan law, without regard to conflict of law provisions. Venue for any dispute arising hereunder shall be in that State or Federal Court nearest to Automation Recovery. The parties hereby agree to personal jurisdiction over them in such Courts.

2.2 Customer warrants that it is and shall remain in full compliance with any applicable United States, State and/or local regulations controlling the sale and delivery of goods for export and is and shall remain solely responsible therefore. The terms set forth herein constitute the entire agreement regarding this transaction, except for product and/or service description and pricing, and subject only to our credit agreement (if any) with Customer, our invoice and our separate order confirmation.

2.3 In the event any part of these terms is deemed unenforceable by a court having jurisdiction thereover, such unenforceable term(s) shall be modified to make them as enforceable as possible, and the rest of these terms shall not be affected. Any contrary terms offered by the Customer are not a part of this transaction. Customer shall defend, indemnify and hold Automation Recovery and its agents harmless from any breach by it of these terms or any misuse or abuse by it of any item sold and/or serviced hereby.

2.4 The goods sold hereunder shall be at the risk of the Customer upon delivery by Automation Recovery to the carrier F.O.B. shipping point. Title to the goods sold hereunder shall remain in Seller until payment in full by Buyer.

2.5 Automation Recovery shall not be responsible for delays caused by manufacturing plants, transportation, strikes, fires, floods, storms, war, insurrections, riot, any governmental regulation, order, act or instruction, or any other circumstances beyond its control, and Customer hereby waives any claims relating to same.

2.6 Should any part of this transaction contravene U.S., U.K. or CA Export laws, this transaction shall be immediately void and unenforceable.

2.7 No amendment to, rescission, termination, cancellation or discharge of this Agreement is effective unless it is in writing and signed by each party to this Agreement. Neither party may assign any of its rights under this Agreement without the prior written consent of the other party. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Any waiver authorized on one occasion is effective only in that instance and only for the purpose stated, and does not operate as a waiver on any future occasion. Any failure or delay in exercising any right, remedy, power or privilege or in enforcing any condition under this Agreement; or any act, omission or course of dealing between the parties does not constitute a waiver or estoppel of any right, remedy, power, privilege or condition arising from this Agreement.

 

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