Privacy Policy, Terms of Use, Terms and Conditions of Sale
Privacy Policy
Terms of Use
Terms and Conditions of Sale
Privacy Policy
Pepperl+Fuchs commitment to privacy
Pepperl+Fuchs, Inc. is committed to protecting your online privacy while you use our web site. We urge you to read the Privacy Policy in its entirety so you will understand all of the practices and procedures we follow relating to your online privacy.
What this Privacy Policy covers
In this Privacy Policy, Pepperl+Fuchs, Inc. will inform you about the type of information that is collected about you on this web site, how the information is collected, what the information will be used for and to whom it will be given. This Privacy Policy will also tell you how to limit our use of your personal information.
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: sales@us.pepperl-fuchs.com
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.
Unless required to do so by law, we will not reveal to any party the information contained in the online profile that you submit to us. Additionally, we will not sell or rent your personally identifiable information to other companies unless (i) we have your permission to do so (ii) we notify you before you submit your online profile (including within this privacy policy) that such information could be published, rented, sold or otherwise shared, (iii) we are required to do so by law, court order or other legal process, or (iv) we believe it to be necessary to protect the integrity or security of our web site, our business or an individual’s personal safety.
Notwithstanding anything contained in this Privacy Policy to the contrary, Pepperl+Fuchs, Inc. may share your personally identifiable information with other companies when:
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 find that your actions on our web site violates our Terms of Use agreement that you agree to by using our web site; or
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.
Security
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.
Cookies
A cookie is a piece of data stored on the user's computer tied to information about the user. Cookies help web surfing by saving visitor preferences and other information. The use of cookies is a widespread industry standard and thus many web sites use cookies. For a session ID Cookie, once users close the brower, the cookie simply terminates. A persistent cookie is a small text file stored on the user's hard drive for an extended period of time. Persistent cookies can be removed by following internet browser help file directions.
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 according to the following information:
More extensive information concerning cookies is available on the World Wide Web by performing a general search for the word ‘cookies’. If you have any questions concerning our use of cookies, please contact us.
Our website uses cookies to enhance our site.
Profiles
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.)
Opting-Out
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.
Changes to this Privacy Policy
We reserve the right to change this policy at any time. We ask that you review this Privacy Policy from time to time to insure that you are familiar with the most current version of it.
Acceptance of this Privacy Policy
By using this web site, you agree to the terms as well as any posted changes of this Privacy Policy. By using this web site, you hereby consent to the collection and use of this information by Pepperl+Fuchs, Inc. If you do not agree to the terms, DO NOT use our web site.
Resolving Privacy Policy Disputes
If you think we have not followed our privacy policy in some way, in can be resolved in the following manner:
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: sales@us.pepperl-fuchs.com
See also our Terms of Use for legal jurisdiction and information pertaining to the operation of our website.
Date of last update: 05-16-05
Terms of Use
Welcome to our web site. Pepperl+Fuchs, Inc. maintains this web site as a service to our customers. By using this web site, you are agreeing that you have read and understood these Terms of Use, and agree to comply with and be bound by these Terms of Use. You also agree to comply with all laws and regulations applicable to the use of this web site, to the use of the Internet, and to the activities involved in using this web site. Please review the following terms carefully.
Product Inventory
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.
Product Orders
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 Authorized Agent contract. Once an Authorized Agent contract has been executed by a customer and accepted, in writing, by Pepperl+Fuchs, Inc. the terms and conditions of the Authorized Agent contract shall be the terms and conditions governing the purchase or sale, as the case may be, presented at the time of order. 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 Jurisdiction
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. You hereby unconditionally, voluntarily and irrevocably consent to the exclusive jurisdiction and venue of the United States District Court for the Northern District of Ohio, Eastern Division, and the Court of Common Pleas of Summit County, Ohio in any claim or dispute concerning, relating to, or arising from this web site and any information received from or through this web site. You agree not to plead forum non conveniens in any such action and you consent to service of process.
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. grants you permission to display, copy, distribute, print and/or download the Content on this web site for your personal use only. Except as expressly authorized by Pepperl+Fuchs, Inc., if you display, copy, distribute, print and/or download the Content on this web site, then you may not modify that Content and you must retain all copyright and other proprietary notices contained in this web site and the Content. The permission granted herein terminates automatically if you breach these Terms of Use. Upon termination of such permission, you must immediately and permanently delete and destroy any Content you displayed, copied, distributed, printed and/or downloaded.
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,
Varicont, 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
webmaster@us.pepperl-fuchs.com
and by regular mail at:
Pepperl+Fuchs, Inc.
1600 Enterprise Pkwy
Twinsburg, OH 44087
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.
Indemnification
You agree to indemnify, defend and hold Pepperl+Fuchs, Inc. and its shareholders, officers, directors, employees, agents and affiliates (collectively, ‘Affiliated Parties’) harmless from any damages, liability, loss, claim and expense, including reasonable attorney’s fees, relation to your violation of these Terms of Use.
Access Nontransferable
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.
Disclaimers
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
Pepperl+Fuchs, Inc. reserves the right, and you grant authorization, to use and assign all of your personal information provided by you in a manner consistent with our
Privacy Policy. To know what privacy measures Pepperl+Fuchs, Inc. has taken and what information we retain from your visit to this web site, please read our web site
Privacy Policy, which is incorporated herein by reference.
Change of Terms
By using this web site, you agree to these Terms of Use as well as any posted changes of these Terms of Use. We reserve the right to change these Terms of Use at any time. We ask that you review these Terms of Use from time to time to ensure you are familiar with the most current version of it. If you do not agree to these Terms of Use, DO NOT use this web site.
Severability
If any provision of these Terms of Use is held invalid or unenforceable in whole or in part in any jurisdiction, that provision shall be ineffective in that jurisdiction without affecting the validity or enforceability of the remaining provisions of these Terms of Use.
Headings of the Terms of Use
The section headings used in these Terms of Use are for reference and the convenience of the readers and shall not constitute part of these Terms of Use for interpretation purposes.
Entire Agreement
These Terms of Use constitute the entire and only agreement between you and Pepperl+Fuchs, Inc. and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to the subject matter hereof.
No Waiver
The failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Acceptance
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.
Terms and Conditions of Sale
TERMS AND CONDITIONS OF SALE
OF
PEPPERL+FUCHS, INC. ("SELLER")
1. Acceptance:
No acceptance can be made by Seller except by the
issuance of its Order Acknowledgement. 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 Acknowledgement or by conduct by Buyer that
recognizes the existence of a contract with respect to the goods
described on Sellers Order Acknowledgement. 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 and do not apply.
2. Payment: Seller's Insecurity:
Net cash 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. Warranties:
Pepperl+Fuchs, Inc. offers three (3) WARRANTIES to cover all
Products sold. They are as follows: (1) A STANDARD
18-MONTH WARRANTY is available for the following specific
Products: ultrasonic sensors, level controls, photoelectric
sensors, read-write ID systems, encoders, counters, signal
conditioners, and all products with electro-mechanical relays or
ciruit breakers. (2) A STANDARD 5-YEAR WARRANTY is
available for the following specific Products: inductive sensors,
capacitive sensors, magnet-operated sensors, read only
inductive ID systems, and I.S. barriers (without
electro-mechanical components) sold to the original user. (3)
An optional LIFETIME WARRANTY is available for Products
covered by the STANDARD 5-YEAR WARRANTY if the
LIFETIME WARRANTY registration is completed, returned and
approved by Pepperl+Fuchs, Inc. For complete information with
respect to Warranties, please refer to the Warranty Terms and
Conditions section in the rear of the Sensors Catalog or contact
Pepperl+Fuchs, Inc.
4. EXCLUSION OF WARRANTIES:
THE WARRANTY STATED IN PARAGRAPH 3 IS THE ONLY
WARRANTY MADE BY SELLER WITH RESPECT TO THE
GOODS SOLD UNDER THIS AGREEMENT. THERE IS NO
OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING
ANY IMPLIED WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE.
5. LIMITATION OF REMEDIES:
IN THE EVENT OF SELLER'S LIABILITY, WHETHER BASED
ON CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO
NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE,
BUYER'S SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED
TO AT SELLER'S OPTION, THE REPAIR OR REPLACEMENT
(F.O.B. SELLER'S PLANT) BY SELLER OF ANY
NONCONFORMING GOODS FOR WHICH CLAIM IS MADE
BY BUYER IN ACCORDANCE WITH PARAGRAPH 6 OF
THESE TERMS AND CONDITIONS, OR TO THE REPAYMENT
OF THE PORTION OF THE PURCHASE PRICE PAID BY
BUYER ATTRIBUTABLE TO THE NONCONFORMING ITEM.
SELLER WILL NOT BE LIABLE FOR ANY OTHER DAMAGES,
EITHER DIRECT, INCIDENTAL OR CONSEQUENTIAL (AS
DEFINED IN UCC 2-715) OR OTHERWISE.
6. Inspection and Claims:
Buyer must inspect or test all goods upon receipt. All claims
under Seller's warranty must be made within thirty (30) days of
the discovery of the defect. 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.
7. 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.
8. Delivery:
Unless stated to the contrary on the face of Seller's Order
Acknowledgement, Seller's obligation is to deliver the goods
F.O.B. Seller's warehouse, place of manufacture or other place
from which the goods are actually shipped within the U.S.A.
Freight will be prepaid and added to invoice. Risk of loss
passes to Buyer at the moment of delivery. Delivery dates
appearing on Seller's Order Acknowledgement, 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 that
directly or indirectly results from or is contributed to by any
cause beyond Seller's reasonable control, including but not
limited to: fire, flood or other acts of God; strikes or other labor
disagreements; accidents; acts or requirements of government
or civil authorities; riot; war; embargo; shortages of labor,
material or energy; delays in transportation; failures or delays by
subcontractors or suppliers; or necessary changes in production
or shipment schedules. In the event of such 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 goods as though actually shipped, and Buyer
will also pay Seller for all extra expenses incurred. If frieght is
prepaid, it will be added to the invoice.
9. Indemnification:
Buyer will hold Seller harmless against liability or obligation,
whether in contract, tort (including but not limited to negligence
and strict liability) or otherwise, with respect to any expense,
loss or damage to Buyer or any other person resulting from
goods subjected to: (a) improper installation or storage; (b)
accident, damage, abuse or misuse; (c) abnormal operating
conditions or applications; (d) operating conditions or
applications above the rated capacity of the goods; (e) operating
conditions or applications not made known to or contemplated
by Seller at the time of the agreement; or (f) a purpose or
application other than or varying in any degree from that for
which the goods were designed.
10. 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 goods or services, whereupon Buyer shall immediately return to Seller any goods 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.
11. Cancellation by Buyer:
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
goods 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.
12. Taxes:
Unless otherwise stated, Seller's prices do not include any
sales, use, excise, value-added or other tax. All present or
future tax obligations are the responsibility of and must be paid
by Buyer. If Buyer claims that the goods sold are exempt from
any particular tax, Buyer must provide Seller with a tax
exemption certificate acceptable to the taxing authorities.
13. Clerical Errors:
Seller has the right to correct any stenographic or
clerical errors in any of the writings used by it.
14. Governing Law:
The interpretation, construction and validity of the
agreement are to be governed by the laws of the State
of Ohio. Buyer consents to the jurisdiction of the courts
of the state and county from which Seller's Order
Acknowledgement issues, and the federal courts
located therin, with respect to any action brought in
connection with the agreement.
15. Entire Agreement:
These Terms and Conditions of Sale, and any
descriptions on the face of Seller's Order
Acknowledgement, constitute a complete and exclusive
statement of the terms and conditions of the sale of
goods by Seller to Buyer. There are no other promises,
conditions, understandings, representations or
warranties. All provisions are severable.
16. Assignment:
Buyer may not assign any rights due or delegate any
performance owed under the agreement without the
written consent of Seller.
17. Modification:
The agreement 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.
18. 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 goods which are subject to this
agreement.
19. Warning:
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.
20. Authorized Distributor:
In the event goods manufactured by Seller are
purchased by Buyer from an Authorized Distributor of
Seller, then the warranty of Seller as set forth in
Paragraph 3 of these Terms and Conditions shall extend
to such Buyer (but only to such Buyer), provided that all
claimed defective goods must be returned to such
Authorized Distributor at Buyer's expense in accordance
with such Authorized Distributor's instructions.
21.
Breach of this agreement by Seller shall have no effect
on the provisions controlling the risk of loss of the
goods and Sections 2-510(1) and 2-510(2) of the
Uniform Commercial Code shall have no effect on this
agreement.
22.
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 agreement 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.
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