Terms and conditions of sale
WELCOME TO PEPPERL-FUCHS.COM. THESE TERMS AND CONDITIONS (THE “TERMS AND CONDITIONS”) CONSTITUTE A BINDING AGREEMENT BETWEEN YOU, THE USER OF THIS WEBSITE (THE “SITE”), AND PEPPERL+FUCHS, INC., THE OWNER AND OPERATOR OF THIS SITE. YOUR ACCESS AND USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO ALL PROVISIONS OF THESE TERMS, AS WELL AS ALL APPLICABLE LAWS. IT IS THEREFORE IMPORTANT THAT YOU READ THESE TERMS CAREFULLY BEFORE USING THE SITE AS THEY AFFECT YOUR RIGHTS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THIS SITE OR ORDER PRODUCTS.
No acceptance can be made by Seller except by the issuance of its order acknowledgment or order confirmation. Pursuant to UCC 2-207(2) (a),), acceptance by Seller of Buyer's order is expressly made conditional on assent to these Terms and Conditions, either by written order acknowledgment or order confirmation, or by conduct by Buyer that recognizes the existence of a contract with respect to the Products described on Seller’s order acknowledgement or order confirmation. These Terms and Conditions also serve as notice of Seller's objection to and rejection of any terms and conditions of purchase or sale included in Buyer's purchase order or other writing that are different from or additional to these Terms and Conditions. Any terms and conditions contained in Buyer's purchase order, or other writing that represents Buyer's offer, are not part of the agreement, are not binding on Seller, and do not apply. FURTHERMORE, BY USING THE SITE, BUYER AGREES TO REVIEW THE TERMS AND CONDITIONS AS INCLUDED ON OR WITH ANY CONTENT AVAILABLE ON THE SITE, AS WELL AS ANY NOTICE THAT SELLER MAY SEND BUYER REGARDING THE TERMS AND CONDITIONS. BUYER’S CONTINUED USE OF THE SITE REPRESENTS BUYER’S AGREEMENT TO ALL TERMS AND CONDITIONS, INCLUDING NEW AND/OR MODIFIED PROVISIONS OF THE TERMS AND CONDITIONS.
2. Payment: Seller's Insecurity
Unless otherwise set forth in writing by Seller, the payment terms shall be net thirty (30) days from the date of the invoice. If complete payment is not made when due, the unpaid balance will be subject to a finance charge of one and one-half percent (1-1/2%) of the unpaid balance per month. The amount of all finance charges will be added to the balance owed to Seller. If Buyer fails to pay any invoice when due, or if the financial condition or credit of Buyer becomes unsatisfactory to Seller, Seller, at its option and without affecting any other lawful remedy, may change the terms of payment or suspend work and further deliveries, or both, until Buyer provides security or other assurances of performance as demanded by Seller.
3. Inspection and Claims:
Within three (3) days of the receipt of the Products, Buyer shall inspect the Products with regard to any defects. In case defects are found during such inspection, Buyer shall notify Seller immediately, but no later than five (5) days after receipt of Products. Failure to provide said notice within said five (5) day period shall be deemed acceptance of the Products by Buyer. Buyer must obtain shipping instructions from Seller prior to returning the material which must be returned at Buyer's expense in accordance with Seller's instructions. Upon receipt of notice and the returned Products, Seller shall have the right to inspect and investigate to determine the validity of the defect. To the extent Seller determines, in its sole discretion, that there is a defect for which Seller is responsible hereunder, then in such case Seller may correct or replace the Product; however, Seller shall have no liability to correct or replace any items caused by Buyer, the shipper, or any other party, and Seller’s responsibility shall be limited solely to correcting or replacing the Product, and transportation related thereto. In such case, Seller agrees to arrange for transportation and sufficient insurance to protect the Product in transit from Seller’s facility to Buyer.
4. Price and Quantity:
The price to be paid by Buyer will be Seller's price in effect on the day shipment is made. Although Seller anticipates supplying the exact quantity ordered, Seller reserves the right to ship, and Buyer shall accept and pay for, up to five percent (5%) more or five percent (5%) less than the quantity provided to be shipped by the agreement and consider the order complete. In the event of any such overshipment or undershipment, an appropriate adjustment in the total quantity charge will be made.
Unless stated to the contrary on the face of Seller's order acknowledgment or order confirmation, Seller's obligation is to deliver the Products F.O.B. Seller's warehouse, place of manufacture or other place from which the Products are actually shipped within the U.S.A. Freight will be prepaid and added to invoice. The risk of loss passes to Buyer at the moment of delivery by Seller to freight forwarder. Buyer assumes any and all liabilities, expenses, and obligations regarding transportation, insurance, or any damage or loss to the Products in transit. Delivery dates appearing on Seller's order acknowledgment or order confirmation, or given to Buyer in any other manner, are approximate. Seller will not be liable for failure to make delivery or delay in making delivery for any reason whatsoever, including, without limitation, for reasons that directly or indirectly result from any of the Force Majeure events described in Section 16 below. In the event of a delay, Seller will have the right to apportion available supplies among its customers, including Buyer, in any manner that Seller decides to be fair and reasonable, and any delivery date will be postponed for a period of time equal to the delay. If shipments are held at Seller's premises at request of Buyer, invoices will be rendered for all completed Products as though actually shipped, and Buyer will also pay Seller for all extra expenses incurred. If freight is prepaid, it will be added to the invoice.
Buyer shall indemnify, defend, and hold Seller, its officers, employees, directors, representatives, shareholders, agents, successors and assigns, harmless against and from any and all losses, claims, damages, judgments, liabilities or expenses, including without limitation, reasonable attorneys’ fees and expenses, incurred by Seller as a result of or arising out of (a) Buyer’s breach of these Terms and Conditions, or of any other agreement between the parties hereto, or of any obligation of Buyer; (b) actual or alleged direct, or contributory infringement of, or inducement to infringe, any patent, trademark, or copyright by reason of the use of the Products by Buyer; (c) any act or omission of Buyer, or its agents, employees, representatives, officers, directors or subcontractors, including, without limitation, any act or event described in Section 1.2(7) below.
7. Sale to Buyer Not Prohibited:
Buyer represents to Seller that neither Buyer nor any of Buyer’s affiliates (collectively, “Buyer”) is an entity or person (“Prohibited Person”) to whom sale of Products is prohibited because Buyer is listed as: (1) a Specially Designated National or Blocked Person by the U.S. Treasury Department; (2) a Denied Person or Denied Entity by the U.S. Commerce Department; or (3) a Debarred Party by the U.S. State Department or subject to any other similar lists, laws or regulations. In the event Seller discovers that Buyer is a Prohibited Person, Seller shall have the right, without liability to Buyer, to rescind any sale of Products or services, whereupon Buyer shall immediately return to Seller any Products which Buyer has received. Buyer agrees to indemnify Seller against and hold Seller harmless from any and all liabilities, costs, expenses and/or fines imposed upon or incurred by Seller as a result of the breach of Buyer’s representation.
Buyer may cancel its order, or any part of it, by sending written notice of cancellation to Seller and by paying Seller a reasonable cancellation fee. The reasonable cancellation fee will be determined by Seller and will reflect, among other factors, the expenses already incurred, and commitments made by Seller, sales and administrative overhead, and profits. If Buyer has received any price discounts due to the quantity of Products ordered by Buyer, but has not purchased the applicable quantity at the time of cancellation, Buyer must also pay to Seller the difference between the price Buyer paid and the price it would have been paid had Seller's price been based on the quantity actually purchased. Seller reserves the right to cancel or refuse any order at any time without notice, without liability or obligation to the Buyer. Some situations that may result in the cancellation of an order may include, but are not limited to, limitations on quantities available for purchase, inaccuracies, errors in product or pricing information, or problems that are identified by Seller. Similarly, in some cases, Seller must contact Buyer to obtain and verify additional information before accepting an order. If an order is canceled for any reason or additional information is required, Seller will contact Buyer by email and/or by telephone. Furthermore, if the contact information of Buyer is fictitious or invalid, Seller reserves the right to cancel an order.
9. Clerical Errors:
While Seller strives to provide accurate product pricing and shipping information, pricing, typographical errors or inaccuracies may occur. In some cases, Seller cannot confirm product and/or shipping pricing until after an order has been placed. In the event that a pricing, typographical error or inaccuracy exists with any product or service offered, Seller reserves the right to cancel or refuse an order at any time without notice. In general, in most instances involving pricing, typographical error or inaccuracy, Seller will contact Buyer for further instructions or cancel the order with an email and/or telephone notification. Shipping price discrepancies may exist on any order regardless of size. If a shipping price discrepancy exists, Seller will contact the Buyer by email and/or telephone in order to offer revised shipping options. Prices and availability are subject to change without notice.
Unless otherwise stated, Seller's prices do not include any sales, use, excise, value-added or other tax, or any duties, tariffs, import fees, or any other fees associated with imports or exports. All present or future tax obligations are the responsibility of and must be paid by Buyer. If Buyer claims that the Products sold are exempt from any particular tax, Buyer must provide Seller with a tax exemption certificate acceptable to the taxing authorities.
11. International Customers/Non-U.S. Customers:
International Customers and non-U.S. customers are responsible for understanding their country's international buying laws and should be aware that all international purchases are subject to additional brokerage, duty or tax fees that are collected at the time of delivery unless otherwise noted by Seller. Seller is not responsible for these charges. If the consignee/receiver refuses to pay these additional charges at the time of delivery, Seller will instruct the shipping carrier to abandon the package. Abandoned packages are destroyed at the shipping warehouse of the local shipping carrier’s pick up facility. Seller will not be held responsible for any abandoned packages due to these circumstances. This Site is controlled, operated, and administered by Seller from Seller’s offices in the USA. If Buyer accesses this Site from a location outside the USA, Buyer is responsible for compliance with all local laws. Buyer agrees that it will not use the Site’s content accessed through pepperl-fuchs.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
In the event that Buyer fails to pay any amount due to Seller, or otherwise breaches any obligation or covenant contained herein or otherwise to Seller, Seller may, in its discretion, in addition to all other remedies to which Seller may be entitled without affecting an election of remedies, cancel or terminate all obligations to Buyer upon notice to Buyer, or suspend performance by Seller until Buyer pays for such charges or amounts. Furthermore, in the event of a cancellation or termination by Seller, Seller shall be entitled to any and all damages under the Uniform Commercial Code, including without limitation Sections 2.701, et al., including, without limitation, incidental and consequential damages, lost profits, and all other expenses and losses incurred by Seller. Furthermore, in the event of a breach or violation by Buyer of these terms, or any other agreement between the parties hereto, or in the event of any dispute or controversy hereunder, in such event, Buyer shall pay Seller for any and all attorneys’ fees incurred in enforcing the terms hereof, or otherwise resolving any dispute with Buyer.
13. Governing Law/Dispute Resolution:
In all respects, the parties agree that they shall be subject to, and governed by, the laws of the State of Ohio. In the event that any dispute, controversy, or claim arises between the parties pursuant to this Agreement, the parties agree that any such dispute, controversy, or claim, or to the interpretation, breach, or enforcement thereof, excluding injunctive relief remedies for breach of confidentiality or otherwise, shall be first be mediated (the "Mediation") within 30 days from the date a written request for mediation is made by any party. The Mediation shall be nonbinding and shall be conducted before a single mediator to be agreed upon by the parties. If the parties cannot agree on the mediator, each party shall select a mediator and the mediators selected shall together unanimously select an independent mediator who will conduct the mediation. Each party shall bear the fees and expenses of its mediator and all the parties shall equally bear the fees and expenses of the final mediator, if applicable. Any matters not resolved as provided above shall be commenced and filed in the local courts of Summit County, Ohio, or the federal court with jurisdiction over Summit County, Ohio. Buyer hereby knowingly and irrevocably waives any objection on the grounds that improper jurisdiction or venue to an action in said courts, and agrees that effective service of process may be made upon Buyer by mail at the last known address of the Buyer. Buyer hereby expressly waives any right to a trial by jury.
The Buyer acknowledges that Seller possesses certain confidential or proprietary information of Seller, and of Seller’s customers and vendors, including, without limitation, designs, data, ideas, drawings, specifications, trade secrets, formula, technical experience, financial data, financial information, and other valuable, confidential and proprietary information, the Products and services of Seller, which may be disclosed to Buyer or for which Buyer may have access (hereafter “Confidential Information”). At all times thereafter, Buyer agrees not to disclose to any person, firm, or entity any Confidential Information. Furthermore, Seller retains exclusive ownership of all of its Confidential Information, and Buyer obtains no license or other rights thereto. Seller shall also have exclusive rights to any improvements, modifications, or variations of its Products or services, including, without limitation, any and all patent, copyright, trademark, trade name, or other intellectual property rights, and Seller shall not disassemble or reverse engineer the Products or any Confidential Information. The Buyer hereby agrees that if Buyer breaches this Section, Seller shall incur irreparable injury and harm and money damages would be an insufficient remedy, and as such, and in addition to all other remedies, Seller shall be entitled to seek injunctive relief restraining Buyer from further breach of this Section. In the event Buyer and Seller have previously entered into a Non-Disclosure Agreement, Confidentiality Agreement, or similar Agreement, the terms and conditions thereunder shall not be superseded by the terms and conditions set forth herein.
Any legally invalid provision herein shall be considered severable, and the invalidation of any such provision shall not impair the obligations of the parties to comply with all other unaffected provisions hereof.
16. Force Majeure:
Seller shall not be responsible for any acts or omissions, nor for events beyond its reasonable control (hereinafter referred to as “Force Majeure”), including but not limited to Acts of God, changes of laws or regulations or other acts of government, labor disputes, strikes, riots, mobs, fires, floods, wars, embargoes, impossibility to obtain necessary material, labor, machinery, or transportation.
17. Entire Agreement:
Buyer shall not assign these Terms and Conditions, or any rights due or delegate any performance owed thereunder without the prior written consent of Seller.
These Terms and Conditions, or any order, may be modified only in writing signed by Seller. No waiver of any right will be effective against Seller unless supported by consideration and expressly stated in a writing signed by Seller. The failure of Seller to enforce any right will not be construed as a waiver of Seller's right to performance in the future.
20. Government Safety Standards:
Seller makes no representations of compliance with the regulations or standards issued under the Occupational Safety and Health Act of 1970 or of any other safety and health statutes, regulations, or ordinances which may be applicable to the Products which are subject to this agreement.
The installation and use of Seller's products should be in accordance with catalog specifications and instructions; and in accordance with the provisions of the U.S. National Electrical Code and/or other local codes that are pertinent. Installation or use not in accordance with these codes and specifications could be hazardous to personnel and/or equipment.
22. Authorized Distributor:
In the event Products manufactured by Seller are purchased by Buyer from an Authorized Distributor of Seller, the warranty of Seller as set forth in these Terms and Conditions shall extend to such Buyer (but only to such Buyer), provided that all claimed defective Products must be returned to such Authorized Distributor at Buyer's expense in accordance with such Authorized Distributor's instructions.
Breach of these Terms and Conditions by Seller shall have no effect on the provisions controlling the risk of loss of the Products and Sections 2-510(1) and 2-510(2) of the Uniform Commercial Code shall have no effect on these Terms and Conditions.
24. Time Limit:
It is hereby agreed that no claim, dispute, or other matter in question brought by Buyer against Seller arising out of or relating to the Terms and Conditions or the breach thereof, may be brought after more than one (1) year after such cause of action may accrue under the laws of the State of Ohio.
Visiting a Site such as pepperl-fuchs.com or sending emails to Seller constitutes electronic communications and results in electronic records with Seller. Buyer expressly consents to electronic communications and records from Seller. Buyer expressly consents to receive electronic communications from Seller and Buyer expressly agrees that all communications that Seller provides Buyer electronically, via email or on this Site, satisfy any legal requirement that such communications be in writing. Buyer may withdraw such express consent at any time by contacting Seller through email, mail, fax, or telephone, as follows:
Seller email: email@example.com
Seller mailing address:
1600 Enterprise Parkway
Twinsburg, OH 44087 USA
Seller fax: 330-425-4607
Seller phone: 330-425-3555
Buyer’s withdrawal of express consent to electronic communications may, at Seller’s discretion, result in the termination of the relationship between Seller and Buyer.
When Buyer provides Seller its email address, Seller will email Buyer as necessary to process the order, respond to a request, or provide customer service assistance. For example, after Buyer places an order at pepperl-fuchs.com, Buyer will receive an email confirmation and, in most cases, an email with package tracking information upon shipping of Buyer’s order.
SELLER MAY ALSO PROVIDE BUYER, BY EMAIL, REGULAR MAIL, FAX, TELEPHONE, OR POSTINGS ON THIS SITE, NOTICES OR SERVICE AND TRANSACTION-RELATED ANNOUNCEMENTS (THE ANNOUNCEMENTS), INCLUDING BUT NOT LIMITED TO CHANGES TO THESE TERMS AND CONDITIONS, CHANGES BUYER MAKES TO BUYER’S “MY ACCOUNT” PROFILE OR PASSWORD, AND DATA BREACH NOTIFICATIONS. BY ACCESSING AND USING THIS SITE BUYER EXPRESSLY AGREES THAT SELLER MAY SEND BUYER SUCH NOTICES AND ANNOUNCEMENTS BY EMAIL, REGULAR OR EXPRESS MAIL, FAX, TELEPHONE (BETWEEN 8:00 AM AND 9:00 PM LOCAL TIME AT BUYER’S LOCATION), OR POSTINGS ON THIS SITE. SELLER WILL SEND NOTICES OR ANNOUNCEMENTS WHEN IT IS NECESSARY TO DO SO IN ORDER TO KEEP BUYER INFORMED, IN PARTICULAR, BUT NOT LIMITED TO, WHEN SUCH NOTICES OR ANNOUNCEMENTS MAY AFFECT BUYER’S RIGHTS, BUYER’S SAFETY, THE SECURITY OF BUYER’S PERSONAL INFORMATION, THE WARRANTY OF A PRODUCT OR SERVICE BUYER PURCHASED, OR AS REQUIRED BY THE LAW. For example, in the unlikely event that Seller has reasons to suspect that its system has been the target of a cyber-attack, Seller reserves the right to contact Buyer by the most reasonable and expedient methods, including by email. Seller may also, but is not obligated to, notify Buyer by email or other methods of communication when it appears that Buyer has made changes to Buyer’s “My Account” profile or password. In general, Buyer may not opt-out altogether from these notices or announcements which are not intended to be promotional in nature. Buyer must notify Seller by email, mail, fax, or telephone per instructions stated in this section if Buyer does not wish to receive these messages by a certain method(s) of communication.
Seller may also send Buyer promotional electronic or communications about products, special offers, promotions, services or events that we believe may be of interest to Buyer. Seller intends to send promotional emails and communication only to those persons who wish to receive them. Seller provides instructions on how to unsubscribe at the bottom of each email communication.
Warranty terms and conditions
1. Limited Warranty:
Seller offers four (4) Warranties to cover its Products. Section 3 as described below sets forth the Product for which the applicable Warranty applies. The applicable Warranties are as follows:
1) A 12-month Warranty,
2) An 18-month Warranty,
3) A 5-year Warranty, and
4) An optional Lifetime Warranty.
All material that has been factory repaired by Seller will have a 6-month warranty on the repair. All warranties, including warranty repairs, begin at the date of shipment to the Buyer. For questions with respect to Warranties, please contact Seller at firstname.lastname@example.org.
2. General Terms and Conditions for All Warranties:
Subject to the conditions and requirements set forth herein, Seller warrants the Products covered by the respective Warranties to be free from material defects in material and workmanship under normal and proper usage for the respective time periods listed above from the date of shipment from Seller (or from an authorized Representative or Distributor of Seller). In addition, certain specific terms apply to the Warranties. In addition to the Exclusion of Warranties set forth below, Seller is making no other promise, description, affirmation of fact, sample model or representation, oral or written, which may be part of an order or made by a Representative of Seller or otherwise.
These Warranties are subject to the following conditions:
1) These Warranties are limited to the electronic and mechanical performance only, as expressly detailed in the Product specifications and NOT to cosmetic performance.
2) These Warranties shall not apply to any cables attached to, or integrated with the Product. However, the Standard 18-month Warranty shall apply to cables sold separately by Seller.
3) These Warranties shall not apply to any Products which are stored, or utilized, in harsh environmental or electrical conditions outside Seller's written specifications.
4) The Warranties are applicable only to Products shipped from Seller subsequent to January 1, 1992.
5) All claims under these Warranties must be made in writing within thirty (30) days of the date on which the defect is (or, with reasonable diligence, should have been) discovered within the applicable warranty period.
6) These Warranties shall also not apply to any events described in Section 7 below.
3. Products to Which Each Warranty Applies:
1) A 12-month Warranty is available on all products not otherwise described in Sections 2, 3, and 4 below. Any product subject to the 18-month Warranty or 5-year Warranty that is used in the production of any custom-designed Solution will continue to be covered by the applicable 18-month Warranty or 5-year Warranty. Customer-specified or customer-supplied subcomponents used in custom-designed Solutions are not included in this warranty.
2) An 18-month Warranty is available for all standard products not covered under the 12-month Warranty or 5-year Warranty, including the following specific products: ultrasonic sensors, photoelectric sensors, barcode imagers, barcode laser scanners, RFID control interfaces, RFID read/write heads, RFID read/write tags that have not reached their specified number of write cycles, encoders, cables, and all products with electro-mechanical relays or circuit breakers, purge units, intrinsic-safety barriers, remote I/O, standard HMI, signal conditioners, surge barriers, fieldbus and HART interface equipment, power supplies, and transmitters.
3) A 5-year Warranty is available for the following specific products: inductive sensors, capacitive sensors, magnet-operated sensors, and RFID read-only tags sold to the original user.
4) An optional Lifetime Warranty is available for inductive sensors and capacitive sensors if the Lifetime Warranty registration is completed, returned, and approved in writing by Seller.
The following terms and conditions apply to the optional Lifetime Warranty in addition to the General Terms and Conditions:
1) This Lifetime Warranty is available only to an Original User and shall be valid only if the Product was purchased by the Original User from Seller, or from an authorized Seller Representative or Distributor, or was an integral part of machinery and equipment obtained by the Original User from an Original Equipment Manufacturer, which itself purchased the Product directly from Seller or from an authorized Representative or Distributor of Seller. (The term “Original User” means that person, firm, or corporation which first purchases and uses the Product on a continuous basis in connection with the operation of a production line, piece of machinery, equipment, or similar device.) In the event the ownership of the Product is transferred to a person, firm or corporation other than the Original User, this Lifetime Warranty shall immediately terminate.
2) This Lifetime Warranty shall be effective only if the Lifetime Warranty Registration has been completed, signed by the Original User and received and approved in writing by Seller not later than six (6) months after the Product (or the machinery or equipment in which the Product was installed) was delivered to the Original User, or two (2) years from the date the Product was shipped from Seller, whichever date first occurs. A Lifetime Warranty Registration form (PDF, 119 KB) is available as a PDF download at pepperl-fuchs.com.
4. Buyer's Remedies:
The limited remedies hereunder are Buyer’s sole and exclusive remedies for the Warranties. If the Buyer desires to make a Warranty Claim, shall notify Seller, or if applicable, the authorized Seller Distributor from which the Product was purchased. If requested by Seller, Buyer shall ship the Product to Seller’s applicable facility, postage or freight prepaid. Seller shall, at its option, take either of the following two courses of action for any Products which Seller determines there is a valid warranty claim, which shall represent the sole and exclusive obligations of Seller, and Seller shall have no other obligation or liability whatsoever to Buyer for the Warranties:
1) Repair or replace the Product and ship the Product to the Buyer or to the authorized Seller Distributor, postage or freight prepaid; or
2) Repay to the Original User that price received by Seller for the Product, provided that if the claim is made under the Lifetime Warranty, and such Product is not then being manufactured by Seller, then the amount to be repaid by Seller to the Original User shall be reduced according to the following schedule:
|NO. OF YEARS SINCE DATE OF PURCHASE BY ORIGINAL USER||% OF ORIGINAL PURCHASE PRICE TO BE PAID BY SELLER|
|More than 20||5%|
IN ADDITION TO THE LIMITATIONS BELOW, BUYER’S REMEDIES SHALL BE LIMITED EXCLUSIVELY TO THE RIGHT OF REPLACEMENT OR REPAIR, OR REPAYMENT, AS PROVIDED ABOVE, WHICH DOES NOT INCLUDE ANY LABOR COSTS OR REPLACEMENT AT BUYER’S SITE.
THE LIMITED WARRANTY AS STATED IN THE SECTION ABOVE IS THE ONLY WARRANTY MADE BY SELLER WITH RESPECT TO THE PRODUCTS SOLD UNDER THIS AGREEMENT. THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, AND THERE ARE NO OTHER REPRESENTATIONS, GUARANTIES, OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE BEING MADE BY SELLER. No employee, distributor, or representative is authorized to change the limited warranty in any way or grant any other warranty on behalf of Seller. The limited warranty does not extend to any component parts or individual parts not manufactured by Seller; however, Seller’s limited warranty herein shall not limit any warranties made by manufacturers of component or individual parts which may extend to Buyer.
6. Limitation of Remedies:
IN NO EVENT SHALL SELLER BE LIABLE FOR ANY SPECIAL, DIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, INCOME, OR PROFITS, OR ANY PROPERTY DAMAGE, PERSONAL INJURY, OR BUSINESS INTERRUPTION, EVEN IF SELLER IS ADVISED, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. THE LIABILITY OF SELLER, AND BUYER’S SOLE EXCLUSIVE REMEDY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, AND ANY AND ALL DAMAGES IMPOSED UPON SELLER, SHALL BE LIMITED TO, AT SELLER'S OPTION, AS PROVIDED IN SECTION 4 ABOVE, THE REPAIR OR REPLACEMENT (F.O.B. SELLER'S PLANT) BY SELLER OF ANY NONCONFORMING PRODUCTS FOR WHICH CLAIM IS MADE BY BUYER ABOVE, OR TO THE REPAYMENT OF THE PORTION OF THE PURCHASE PRICE PAID BY BUYER ATTRIBUTABLE TO THE NONCONFORMING PRODUCT.
Seller shall not be responsible for any damage or injury resulting to or caused by any Product or services for any reason due to actions or inactions of Buyer, its employees, contractors, representatives, agents, or any other party, including without limitation, by reason of improper installation, improper storage, unauthorized service, alteration of the Product, neglect or abuse or the use of the Product in a manner inconsistent with its design, misuse, abuse, accident, damage, abnormal operating conditions or applications above the rated capacity of the Products, operating conditions or applications not made known to or contemplated by Seller at the time of the order, or a purpose or application other than or varying in any degree from that for which the Products were designed. Seller shall not be liable for any delays or losses caused by Seller’s error, unless such delays and losses are caused by willful misconduct of Seller. The Buyer acknowledges and agrees that if the Buyer identifies specific applications for the use of Seller’s Product, Seller shall not be responsible for any deviations from the applications or nondisclosure of Buyer of any additional information, including, but not limited to Buyer’s failure to properly install the Product. If design and specifications are specified by the Buyer, the parties agree that Buyer is exclusively responsible for design and specification plans. Seller shall not be responsible for the correctness or adequacy of any design details, plans, or material not furnished by Seller. The parties further agree that Seller shall not be responsible for any Product which has been modified or integrated with other Product not designed or selected by Seller. Furthermore, Seller has no liability for any Product which has been modified or repaired, improperly installed, altered or disassembled (except according to Seller' written instructions) or any Product if the machinery, equipment, or production line to which the Product is originally connected or on which the Product is originally installed is abandoned, changed, substituted, moved, or replaced or if the Product is removed from such machinery, equipment, or production line or other original application.
8. Consider Safety and Protection Precautions:
Seller takes great care to design and build reliable and dependable Products; however, some Products can fail eventually. Buyer must take precautions to design Buyer’s equipment to prevent property damage and personal injury in the unlikely event of failure. As a matter of policy, Seller does not recommend the installation of electronic controls as the sole device for the protection of personnel in connection with power driven presses, brakes, shears and similar equipment and, therefore, the customer should build in redundancy or dual control using approved safety devices for these applications.
All prices shown on this web site are catalog list prices and do not include taxes, shipping and/or handling fees. Fluctuations in inventory may result in the unavailability of certain products listed on this web site. Reasonable efforts will be made to keep the entire product inventory database current on a real-time basis. Pricing errors and listing errors are considered invalid and may or may not be honored at the sole discretion of Pepperl+Fuchs, Inc. Items in stock are available for immediate United Parcel Service shipment until 3 p.m. EST. Federal Express shipments are available until 6 p.m. EST.
Nothing contained in this web site shall constitute an offer by Pepperl+Fuchs, Inc. to buy or sell products or services. No agreement to buy or sell products or services shall be formed by means of the use of this web site until a user places an order, and it is then accepted by Pepperl+Fuchs, Inc. in the manner described in the specific ordering information provided with our Terms and Conditions of Sale. Upon placing an order, the user agrees Pepperl+Fuchs, Inc.’s Terms and Conditions of Sale shall apply regarding the purchase and sale of the products. The Terms and Conditions of Pepperl+Fuchs, Inc., shall be the Terms and Conditions governing the purchase or sale, as the case may be, of all products and services. All product requests or orders are subject to prevailing law, including, as appropriate, export and import regulations and boycotting restrictions, if any, imposed by governing bodies having jurisdiction over such product requests or orders.
Compliance with Law
This web site is owned by Pepperl+Fuchs, Inc. Visitors who choose to visit this web site do so on their own initiative. Those visitors are solely responsible for compliance with all laws, rules and regulations, federal, state, local or foreign, applicable to the use of this web site and the information, content, material and services contained therein.
Venue and Dispute Resolution
Claims relating to this web site, to the use of this web site, and to the information, content, material and services available through this web site are governed by the laws of the United States of America and the State of Ohio, as applicable. In all respects, the parties agree that they shall be subject to, and governed by, the laws of the State of Ohio. In the event that any dispute, controversy, or claim arises between the parties pursuant to this Agreement, the parties agree that any such dispute, controversy, or claim, or to the interpretation, breach, or enforcement thereof, excluding injunctive relief remedies for breach of confidentiality, shall be first be mediated (the "Mediation") within 30 days from the date a written request for mediation is made by any party. The Mediation shall be nonbinding and shall be conducted before a single mediator to be agreed upon by the parties. If the parties cannot agree on the mediator, each parties shall select a mediator and the mediators shall together unanimously select an independent mediator who will conduct the mediation. Each party shall bear the fees and expenses of its mediator and all the parties shall equally bear the fees and expenses of the final mediator. Any matters not resolved as provided above shall be commenced and filed in the local courts of Summit County, Ohio, or the federal court with jurisdiction over Summit County, Ohio. Buyer hereby knowingly and irrevocably waives any objection on the grounds that improper jurisdiction or venue to an action in said courts, and agrees that effective service of process may be made upon Buyer by mail at the last known address of the Buyer. Buyer hereby expressly waives any right to a trial by jury.
Visitor Online Conduct
- You agree to use this web site only for lawful purposes
- You agree to use this web site only for its intended purposes
- Pepperl+Fuchs, Inc. reserves the right to prohibit any conduct involving this web site that it deems to be inappropriate
- You agree not to disrupt this web site
- You agree not to interfere with or compromise the security of this web site
- You agree not to disrupt or interfere with any other visitor’s use of this web site
- You agree that you are solely responsible for any actions you undertake while visiting this web site and that you will comply with all applicable local, state, federal and international laws, rules and regulations applicable to this web site and the Internet, including United States copyright laws and export restrictions
- You represent and warrant that all information that you provide to gain access to the services provided by this web site is accurate and truthful
Access to this web site is limited to viewing the linked web pages solely for legitimate business purposes. Any access or attempt to access other areas of the Pepperl+Fuchs, Inc. computer system or other information contained on the system, or any Pepperl+Fuchs, Inc. computer, server, account, network, data, software and/or other hardware whether or not associated with this web site for any purposes is strictly prohibited. You may not use any information contained on this web site other than in connection with a legitimate business purpose.
Accuracy of Content
All information, content and material (‘Content’) comprising or made available on this web site (‘Content’) serves informative purposes only and is not binding upon Pepperl+Fuchs, Inc. Pepperl+Fuchs, Inc. recommends that users exercise their own skill and care with respect to their use of this web site and that users carefully evaluate the accuracy, currency, completeness and relevance of the material on the web site for their purposes.
Pepperl+Fuchs, Inc. does not guarantee that the information is or will be complete, accurate, error-free, useful for a certain purpose or available at any particular time. Pepperl+Fuchs, Inc. makes no representation that the information contained on the site is appropriate or available for use in all countries, and access to information from places where the web site’s content is illegal is prohibited.
Your local Pepperl+Fuchs, Inc. contact can assist you with the availability of our products and services. We may, in our sole discretion and at any time, change web site Content or these Terms and Conditions, or modify or discontinue this web site or specific portions of it, without notice. Subsequent re-use of this site shall be deemed an agreement to any revised Terms and Conditions.
Third Party Links
Pepperl+Fuchs, Inc. web site contains links to third parties’ web pages. Pepperl+Fuchs, Inc. is not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by Pepperl+Fuchs, Inc.
Inclusion of any linked web site on this web site does not imply approval or endorsement of the linked web site by Pepperl+Fuchs, Inc. If you decide to leave our web site or access these third party sites, you do so at your own risk and Pepperl+Fuchs, Inc. is not liable for damages, irrespective of their nature, incurred by the use or non-use of third parties’ web pages.
Copyright, Trademark and Intellectual Property
All Content (including, without limitation, any computer source code, object code, HTML code or other code comprising this web site) is owned by or licensed to Pepperl+Fuchs, Inc. The copyright in and to this web site and all Content is owned by Pepperl+Fuchs, Inc. Pepperl+Fuchs, Inc. retains and reserves all rights in and to this web site and all Content. The reproduction, distribution, transmission, display or use of this web site and any Content is prohibited without the prior written consent of Pepperl+Fuchs, Inc.
Pepperl+Fuchs, Inc. and www.pepperl-fuchs.com, www.trustpf.com, www.pfsolutions.info, www.elconhis.com, www.bebcoeps.com, www.segmentchecker.com, Bebco EPS, Visolux, VariKont, VisuNet, Pulscon, Pile Driver and Barcon are either registered trademarks, trademarks, trade names, service marks, or otherwise protected property of Pepperl+Fuchs, Inc. and may not be used, copied, or imitated without the prior written consent of Pepperl+Fuchs, Inc.
Pepperl+Fuchs, Inc.’s intellectual property may not be used in connection with any service or information that is not Pepperl+Fuchs, Inc.’s. Pepperl+Fuchs, Inc. intellectual property may not be used in any manner that is likely to cause confusion among consumers or in any manner that disparages Pepperl+Fuchs, Inc. Other trademarks, trade names, company names, service marks and otherwise protected property displayed on this web site are the property of their respective owners and are subject to the terms and conditions applied by those owners to their intellectual property. You may not mirror any Content contained in this web site on any other web site or server.
Digital Millennium Copyright Act, Transmission of Third Party Content
You may not copy to, upload to, post to or otherwise distribute on, this web site anything protected by copyright or other proprietary rights unless the owner of the applicable copyright or proprietary right has given you express written authorization for such copying, uploading, posting or distribution.
Any material for which permission has been granted to copy, upload, post or otherwise distribute must contain all requisite copyright management notices and language indicating that such material is being used by express permission of the owner thereof.
The unauthorized use, uploading, posting and/or distribution of content protected by copyright or other proprietary rights is illegal and may subject the malfeasant to civil penalties and criminal prosecution.
PEPPERL+FUCHS, INC., ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES, ARE NOT LIABLE FOR DAMAGES RESULTING FROM ANY INFRINGEMENT RESULTING FROM YOUR ACTIONS INVOLVING COPYRIGHTED OR PROPRIETARY RIGHT PROTECTED MATERIAL.
Pepperl+Fuchs, Inc. pursuant to the Digital Millennium Copyright Act designates its Marketing Department to receive complaints and notices of suspected copyright infringement. If you believe that your work has been copied and is accessible on this web site in a way that constitutes infringement, you may notify Pepperl+Fuchs, Inc. by providing the Marketing Department the following information:
1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2) A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
3) Identification of the URL or other specific location on this web site where the material that you claim is infringing is located;
4) Your address, telephone number and e-mail address;
5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
6) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Pepperl+Fuchs, Inc. Marketing Department can be reached via e-mail at email@example.com and by phone and regular mail at:
1600 Enterprise Pkwy
Twinsburg, OH 44087
Phone: (330) 425-3555
You are prohibited from copying to, uploading to, posting to or otherwise distributing on, this web site any unlawful, threatening, obscene, improper, intimidating, libelous, defamatory or slanderous comments, jokes, images or content that are intended to or are likely to offend a reasonable person on the basis of his or her age, physical or mental disability, gender, race, religion, national origin, physical attributes, or any other classification that could produce any civil or criminal liability for either yourself or for Pepperl+Fuchs, Inc., its shareholders, employees, agents, affiliates or any such similarly situated persons or entities.
Ownership of Third Party Content
Pepperl+Fuchs, Inc. may display Content supplied by visitors and other third parties on its web site. Pepperl+Fuchs, Inc. maintains no editorial control over this Content. The Content supplied by visitors and other third parties belongs to the respective owners of that Content.
PEPPERL+FUCHS, INC., ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILLIATES DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS OR EXISTENCE OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES.
PEPPERL+FUCHS, INC. EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, (WHETHER EXPRESS OR IMPLIED) INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THIS WEB SITE AND ANY CONTENT COMPRISING THIS WEB SITE SUPPLIED BY THIRD PARTIES.
PEPPERL+FUCHS, INC. SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY LOSS, DAMAGE OR HARM CAUSED BY YOUR OR ANYONE ELSE’S RELIANCE ON CONTENT AVAILABLE ON THIS WEB SITE SUPPLIED BY THIRD PARTIES. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND ACTING ON ANY CONTENT AVAILABLE ON THIS WEB SITE SUPPLIED BY THIRD PARTIES.
Editing, Deleting and Modification
Pepperl+Fuchs, Inc. reserves the right in its sole discretion to edit, delete, modify, suspend or discontinue any Content, feature, aspect, product or service comprising, or available through, this web site at any time. Pepperl+Fuchs, Inc. may alter the availability of any feature of this web site or service at any time.
Your right to use this web site is not transferable. Any password or right given to you to obtain access to this web site is not transferable.
THIS WEB SITE IS PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’. PEPPERL+FUCHS, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OR USE OF THIS WEB SITE, THE CONTENT, PRODUCTS AND/OR SERVICES AVAILABLE ON OR THROUGH THIS WEB SITE. PEPPERL+FUCHS, INC. DOES NOT WARRANT THAT THIS WEB SITE WILL BE AVAILABLE AT ALL TIMES OR THAT A VISITOR’S USE WILL BE CONTINUOUS AND/OR ERROR FREE. PEPPERL+FUCHS, INC. DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, THAT THE CONTENT AND/OR PRODUCTS AVAILABLE THROUGH THIS WEB SITE ARE ACCURATE, RELIABLE OR CURRENT.
PEPPERL+FUCHS, INC. HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OR USE OF THIS WEB SITE INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOU AGREE TO VISIT THIS WEB SITE SOLELY AT YOUR OWN RISK. YOU AGREE TO USE THIS WEB SITE AND ANY CONTENT AVAILABLE ON OR THROUGH THIS WEB SITE SOLELY AT YOUR OWN RISK.
Limitation of Liability
PEPPERL+FUCHS, INC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THIS WEB SITE.
FURTHER, NEITHER PEPPERL+FUCHS, INC., NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING AND/OR UPDATING THIS WEB SITE SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF E-MAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES AND/OR DELAYS IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE THIS WEB SITE, OR WHICH RESULT FROM ACTS OF GOD, NETWORK FAILURE, HARDWARE OR SOFTWARE FAILURE, THEFT, UNAUTHORIZED ACCESS, OR ANY OTHER CAUSE, EVEN IF PEPPERL+FUCHS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Use of Information
Change of Terms
I understand that by using this web site, I am subject to the terms and conditions set forth herein. Notwithstanding the foregoing, I accept and agree to be bound by all such terms and conditions.
If you do not agree to the terms and conditions herein, YOU MAY NOT use this web site.
Pepperl+Fuchs commitment to privacy
Contact our web site
This web site is the responsibility of Pepperl+Fuchs, Inc.
Contact us by mail: 1600 Enterprise Pkwy, Twinsburg, OH 44087
Contact us by telephone: 330-425-3555
Contact us by e-mail: firstname.lastname@example.org
What kind of personal information Pepperl+Fuchs, Inc. collects
The privacy and security of your information is important to us. We may ask you to complete and submit to Pepperl+Fuchs, Inc., online profiles when you use this web site. If you choose to submit an online profile, we may require you to give us your personal information (such as name, address, e-mail address and other information). We take care to protect the online data profiles that you create and submit to us when using this web site. These online profiles are used by Pepperl+Fuchs, Inc. to fulfill our internal purposes in serving you, our customer. Additionally, some information about your server address, web browser and computer system are automatically transmitted to our web servers so that we can operate our web site on the Internet. In addition, as part of our web site operation, we reserve the right to collect and automatically track:
The home server IP address and domain names, e-mail addresses, type of computer, and type of web browser you are using while you visit our web site; and,
Information on what pages of the web site you access
Information volunteered by you at the web site such as online profile information, survey information and/or web site registration information.
Additionally, Pepperl+Fuchs, Inc. reserves the right to collect other forms of personal information such as the financial information, credit card information and other similar information when necessary to complete a transaction.
How we use your personal information
Pepperl+Fuchs, Inc. stores its customer information in a secure database to fulfill your requests for certain services and to contact you about our products and services that we think might be of interest to you. A few select employees of Pepperl+Fuchs, Inc. have access to your personal information for monitoring, marketing, demographic and promotional purposes as well as to assist us in customizing the content of our web site to provide information that may be of interest to you. This may include responding to your requests for information and improving our web site.
Users have the option to participate in submitting their online profile information for the purposes of contacting by email or regular mail or telemarketing.
We provide your information to another company that assists us in providing you services, such as an affiliate or business partner of Pepperl+Fuchs, Inc.
We may sell or otherwise transfer such information to a successor of Pepperl+Fuchs, Inc. or any subsidiary or division of Pepperl+Fuchs, Inc. in connection with an asset sale, merger, consolidation, divestiture, stock sale or other corporate transaction, or by way of assignment (whether by operation of law or otherwise) in connection with any such or similar transaction or in connection with the administration of a bankruptcy estate.
The importance of security for all personally identifiable information associated with our users is of great concern to us. We utilize security measures believed to be industry-standard measures to protect the online profiles that you submit to Pepperl+Fuchs, Inc. and the fulfillment of your information requests through our web site. These security measures are intended to protect the loss, misuse or alteration of information that is in our possession and under our control. However, these security measures may not fully protect information in all cases. Therefore, you should exercise care in using this web site.
Some of the applications on this web site require that you register with us before access is granted. Once access is granted, you will access these applications with a username and password. You should protect this information carefully, and notify Pepperl+Fuchs, Inc. immediately of any unauthorized use of your username and password. We retain this information for an indeterminate period of time.
Most web browsers are initially configured to accept and process cookies. You can set your browser to notify you to either accept or deny the cookie.
Our website does create a user profile
Communications from the Site
When customers provide us with contact information, we use the information to contact the user to deliver sales and product information that will be useful to them. (Users can opt out by following the directions in our 'Opting-Out' section.)
You may opt-out of having your personal information collected by contacting us by e-mail, regular mail, or telephone. Please note that in order to fulfill certain obligations, we may need to continue sending you notices or other important information concerning any orders or services you request. If you submit to Pepperl+Fuchs, Inc. contact information, we reserve the right to send you periodic e-mail messages or mailings or contact you by telephone, and to share this contact information with our affiliates or business partners so that they may send you periodic e-mail messages or mailings or contact you by telephone, regarding new products and services or upcoming events. You may opt-out of having your contact information for these purposes by contacting us as set forth above.
Requesting to see your personal information
You may request via e-mail, regular mail, or telephone that we provide you with the personal information we have concerning you. Once you receive this information, you may request that we modify or remove any of your personal information. We reserve the right to verify your identity before sending you this information.
Links to other web sites
Our web site may contain links to other Internet web sites. We encourage our partners, contributors and other third parties to implement policies and practices that respect your privacy. We are not, however, responsible for other web site’s privacy practices or web site content. Occasionally, you may receive cookies from third party advertisers, partners and vendors. We do not control these cookies.
PEPPERL+FUCHS, INC. SHALL NOT BE LIABLE FOR ANY DAMAGES, IRRESPECTIVE OF THEIR NATURE, INCURRED BY YOU IN CONNECTION WITH THE USE OR NON-USE OF THIRD PARTIES’ WEB SITES.
Contact our web site
This web site is the responsibility of Pepperl+Fuchs, Inc.
Contact us by mail: 1600 Enterprise Pkwy, Twinsburg, OH 44087
Contact us by telephone: 330-425-3555
Contact us by e-mail: email@example.com
Date of last update: February 3, 2014