Terms & Conditions
Eaton Corporation -Terms and Conditions of Sale
- All prices are firm for equipment ordered within thirty (30) days from date of quote, otherwise prices may escalate. Prices stated do not include installation, freight, and handling charges unless these items are specifically listed and priced. If Eaton Corporation (“Seller”) is required to pay or collect any tax, excise, duty or levy, an additional charge will be made and paid by Purchaser unless Seller is furnished with a proper exemption certificate. Prices stated are F.O.B. factory (unless otherwise stated) and title and risk of loss to each article sold by Seller to Purchaser shall pass to Purchaser upon delivery at the F.O.B. point.
- Purchaser will be invoiced on date of shipment for all deliverable items of hardware, software, and services. Applicable taxes and/or freight charges will be billed as a separate line item. Payment of these invoices is due within thirty (30) days of the invoice date. Payment to Seller shall not be contingent on third party payments to Purchaser. Any payment not made when due shall be subject to an interest charge at the maximum rate permitted by law. Additionally, if any payment is not made when due, Seller reserves the right to refuse to provide any further services until such payment and the applicable interest charge have been received.
- CANCELLATION/TERMINATION/CHANGE. Purchaser may not cancel or terminate its purchase order without prior written consent by Seller and upon payment of reasonable termination charges, including all progress billings and all incurred direct manufacturing costs. Changes made to an order may be subject to increase or decrease in purchase order amount, change order charges, and changes in schedule date.
- Shipment estimates are after receipt of a purchase order at the factory. If drawings are required for approval before Seller is authorized to proceed with manufacture, then shipment estimates are after receipt of written approval to proceed. If Purchaser cannot accept delivery of equipment, it will arrange for storage. Seller shall not be liable or responsible for any damages or loss for delay or default in delivery due to any cause beyond Seller’s reasonable control, nor shall Purchaser cancel or have the right to cancel its purchase order because of delays or default in delivery due to such causes.
- LIMITED WARRANTY. Seller warrants the equipment purchased hereunder in accordance with the terms of the limited warranty applicable hereto (“Limited Warranty”) and provided separately to Purchaser.
- CONDITIONS OF SALE. The quote, Limited Warranty, and Seller’s acknowledgement of Purchaser’s order shall supersede all other documents and shall constitute the entire agreement between the Parties. No modification of this Agreement whether by Purchaser in its purchase order or otherwise, shall have effect or be binding upon Seller.
In the furnishing of equipment, warranty or any other services of any type, Seller assumes no responsibility for any damage or injury to any persons or property except for such damages or injury that may be held to result solely and directly from or out of the negligent acts, errors, omissions or willful misconduct by Seller, its agents or employees in the performance of its obligations under this Agreement. The remedies of Purchaser set forth in this Agreement are exclusive and are its sole remedies for any failure of Seller to comply with its obligations hereunder. Notwithstanding anything in this Agreement or otherwise to the contrary, in no event shall the Parties, or their respective officers, directors, employees or agents be liable to the other for damage to property or equipment, other than to those products sold hereunder, or any incidental, indirect, special or consequential damages, such as, but not limited to, delay damages, lost profits or revenue, lost data, loss of use or lost opportunity damages, resulting from or in connection with any claim or cause of action, whether brought in contract or in tort, even if the Parties knew or should have known of the possibility of such damages. The total cumulative liability of Seller arising from or related to this Agreement whether the claims are based in contract, in tort (including negligence or strict liability) or otherwise, shall not exceed the price of the product or services on which such liability is based. THIS AGREEMENT AND LIMITED
WARRANTY MUST BE INCLUDED IN ANY PURCHASE ORDER ISSUED BY PURCHASER, BY REFERENCE TO QUOTE NUMBER, IN ORDER FOR THE ORDER TO BE ACCEPTED BY SELLER AND FOR THE WARRANTY TO APPLY.
Limited Factory Warranty For Power Distribution, Inc. Products
POWER DISTRIBUTION PRODUCTS
WARRANTOR: The warrantor for the limited warranties set forth herein is Power Distribution, Inc. (“PDI”).
LIMITED WARRANTY: This limited warranty (this “Warranty”) applies only to the original End-user (the “End-user”) of the PDI product (the “Product”) and cannot be transferred. This Warranty applies even in the event that the Product is initially sold by PDI for resale to an End-user.
LIMITED WARRANTY PERIOD: The period covered by this Warranty for Product installed and currently located in the fifty (50) United States and the District of Columbia is: (a) twelve (12) months from the date of Product startup or eighteen (18) months from the date of Product shipment, whichever occurs first, for parts coverage and (b) 90 days from the date of Product startup for labor coverage. The period covered by this Warranty for Product installed (and currently located) outside of the fifty (50) United States and the District of Columbia is: ( a ) twelve (12) months from the date of Product startup or eighteen (18) months from the date of Product shipment, whichever occurs first and ( b ) does not provide for labor coverage.
WHAT THIS LIMITED WARRANTY COVERS: Subject to the other terms herein, PDI warrants that the PDI Product is free from defects in material and workmanship. If, in the sole opinion of PDI, a Product has a defect in material and/or workmanship, and such defect is within the Warranty period as set forth above, PDI’s sole obligation will be to repair or replace such warranty covered defective Product or part thereof (including by providing service, parts and labor, as applicable), at the sole option of PDI. The warranty covered defective Product will be repaired or replaced onsite at the End-user’s location or such other location as determined by PDI. Any parts that are replaced may be new or reconditioned. All parts replaced by PDI shall become the property of PDI.
WHAT THIS LIMITED WARRANTY DOES NOT COVER: This Warranty does not cover any defects or damages caused by: (a) failure to properly store the Product before installation; (b) shipping and delivery of the Product if shipping is FOB Factory; (c) neglect, accident, fire, flood, lightning, vandalism, acts of God, abuse, misuse, misapplication, incorrect installation; (d) repair, modification or introduction of replacement or additional parts into the Product that is not authorized in writing by PDI personnel or performed by an authorized PDI customer service specialist or agent; or (e) improper testing, operation, maintenance, adjustment or any modification of any kind not authorized in writing by PDI personnel or performed by an authorized PDI customer service specialist or factory trained agent.
This Warranty is not valid: (a) unless an authorized PDI customer service specialist or authorized factory trained agent performs startup and commissioning of the Product as agreed to in the applicable sales order; (b) if the Product is moved to a new location by someone other than an authorized PDI customer service specialist or authorized factory trained agent; or (c) if the Product’s serial numbers have been removed or are illegible. Any warranty covered defective Product repaired or replaced pursuant to this Warranty will be warranted for the remaining portion of the original Warranty period subject to all the terms thereof.
THIS WARRANTY IS THE END-USER’S SOLE REMEDY AND IS EXPRESSLY IN LIEU OF, AND THERE ARE NO OTHER, EXPRESSED OR IMPLIED GUARANTEES OR WARRANTIES (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, WHICH ARE EXPRESSLY DISCLAIMED).
LIMITATION OF LIABILITY: In no event shall PDI be liable for any indirect, incidental, special or consequential damages of any kind or type whatsoever, or based on any claim or cause of action, however denominated. PDI shall not be responsible for failure to provide service or parts due to causes beyond PDI’s reasonable control. In no case will PDI’s liability under this Warranty exceed the replacement value of the warranty covered defective Product.
END-USER’S OBLIGATIONS: In order to receive the benefits of this Warranty, the End-user must use the Product in a normal way; follow the
Product’s operators and maintenance manual; and protect against further damage to the Product if there is a warranty covered defect.
COSTS NOT RELATED TO WARRANTY: The End-user shall be invoiced for, and shall pay for, all services not expressly provided for by the terms of this Warranty, including without limitation, site calls involving an inspection that determines no corrective maintenance is required. Any costs for replacement equipment, installation, materials, freight charges, travel expenses or labor of PDI representatives outside the terms of this Warranty will be borne by the End-user.
OBTAINING WARRANTY SERVICE: Call the Customer Service Center 7×24 at +1 (804) 737-9880 or place your request online at pdicorp.com/services/service-request/. For comments or questions about this Warranty, write to the Customer Service Representative. 4200 Oakleys Court, Richmond, VA 23223, USA.