Terms and Conditions of Sale
The sale of products by Panel-Tec, Inc. is subject to these terms and conditions regardless of other or additional terms or conditions which conflict with or contradict this agreement in any purchase order, document, or other communication. Pre-printed terms and conditions on any document of customer and/or Panel-Tec's failure to object to conflicting or additional terms will not change or add to the terms of this agreement.
Quotes from Panel-Tec are invitations to tender and are subject to change at any time without notice. All orders are subject to acceptance by Panel-Tec. Contracts between the customer and Panel-Tec are formed upon Panel-Tec's written acceptance or execution of the customer's order and shall be subject to this agreement. Customers may not change, cancel or reschedule orders for products without Panel-Tec's consent. Panel-Tec reserves the right to allocate the sale of products among its customers.
Prices are subject to change at any time. Prices are for products only, and do not include taxes, shipping charges, freight, duties, and other charges or fees, such as fees for special packaging and labeling of the products, permits, certificates, customs declarations and registration. Customer is responsible for any and all such additional fees.
Delivery and Title
Title shall pass to the customer upon delivery of the products to the carrier. Panel-Tec's delivery dates are estimates only and subject to timely receipt of supplies by Panel-Tec. Panel-Tec is not liable for delays in delivery. Panel-Tec reserves the right to make partial deliveries and the customer will accept deliver and pay for the products delivered. A delayed delivery of any part of an order does not entitle the customer to cancel other deliveries.
Panel-Tec warrants their hardware products against defects in material and workmanship under normal use from one (1) year from the date of original purchase. When a product is found to be defective within this warranty period, Panel-Tec shall, at its option, (i) repair the product at no charge for parts and labor, (ii) replace the product at no charge, or (iii) refund the price of the product to the customer. Any damage resulting from mishandling of the product, through use of the product for other than its intended purpose, exceeding the stated operational parameters such as voltage, power, temperature, etc., or any tampering with the product (internal or external) voids this limited warranty.
Warranty for the repaired product only extends for the remainder of the original warranty period.
Panel-Tec does not warrant that the functions of its hardware product(s) will meet the customer's requirements, even if such information of requirements is conveyed to Panel-Tec, or that the operation of the hardware product(s) will be uninterrupted or error-free.
This Limited Warranty extends only to the original purchaser of Panel-Tec products. All others are not eligible to return products to Panel-Tec for warranty consideration.
This warranty shall be invalid if the product is removed from the country in which it was purchased, if it is used in a country in which it is not registered for use, and/or if it is used in a country for which it was not designed. Due to variations in communication laws, this product may be illegal for use in some countries. Panel-Tec assumes no responsibilities for damages or penalties incurred resulting from the use of this product in a manner or location other than that for which it is intended.
In no event shall Panel-Tec be liable for any special, incidental or consequential damages for breach of this or any other warranty, expressed or implied, whatsoever.
These warranties are in lieu of any other warranties, express, implied, or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement or the like, and any warranty otherwise arising out of any proposal, specifications, or sample, or the accompanying written materials.
This Limited Warranty is void if the product serial number label or accessory date code is removed, altered, or defaced, or if any internal programmed revision or serial number is altered or erased. The foregoing Limited Warranty does not cover any of the following:
- Consumables (such as batteries or fuses)
- Product misuse and abuse
- Improper storage
- Exposure to moisture, dampness or conditions of high humidity
- Exposure to damaging chemicals or vapors
- Unauthorized connections
- Unauthorized disassembly or dissection of the product for any reasons
- Lightning strikes
- Discharges of static electricity
- Product alterations or processing which changes the physical properties of the product
- Damage resulting for any product modifications or attempted modifications
- Repairs unauthorized by Panel-Tec
- Failure to use the product for normal purposes or in accordance with Panel-Tec's instructions
Installation or the use of this product in a manner inconsistent with the technical or safety standards in force in the country where the product is used will void the warranty. If the product is modified to conform tot he national or local technical/safety standards in a country or locality other than the one for which the product was initially designed and manufactured, any such modifications shall not be considered a defect in materials or workmanship for purposes of this Limited Warranty.
Customers may return products to Panel-Tec only with a valid Return Material Authorization (RMA) number issued by Panel-Tec. The RMA number must be visible on the outside of the carton or shipping label. Panel-Tec retains the right to refuse returns without a valid RMA number.
Any shipping charges incurred on returns are the responsibility of the customer. All shipping, handling, insurance and C.O.D. charges are additional and non-refundable. Panel-Tec is not responsible for damage or loss in shipping.
Returns should be shipped to:
3325-B Triana Blvd.
Huntsville, AL 35805
For non-warranty repairs, contact Panel-Tec at (256) 534-8132 for terms.
Refused shipments are subject to a 25% restocking fee plus any Shipping and Handling charges.
Limitation of Liability
Panel-Tec is not liable for damages, including, but not limited to, loss of data or business information, lost profits, lost savings, lost business opportunities, business interruption or special, incidental, consequential, or exemplary damages, arising from the use or inability to use the product, even if Panel-Tec was advised of the possibility of such damages. Panel-Tec disclaims all liability for any affirmation, promise or representation with respect to the products.
Panel-Tec assumes no liability resulting from changes to government regulations affecting use of materials, equipment, safety, and methods of repair. Panel-Tec's entire liability and the exclusive remedy under the Limited Warranty in contract or tort or otherwise in any way connected with the product shall be limited to the repair or replacement of the product, or a refund of the amount actually paid for the product.
The customer agrees to hold Panel-Tec harmless from, defend, and indemnify Panel-Tec against damages, claims, and expenses arising out of the subsequent sales of Panel-Tec products or products containing components manufactured by Panel-Tec, and based upon personal injuries, deaths, property damage, lost profits and other matters which Buyer, its employees, or sub-contractors are or may be to any extent liable.
Panel-Tec's products are not design, manufactured, or intended for use or resale as online control equipment in hazardous environments requiring fail-safe performance, such as the operation of nuclear facilities, aircraft navigation, communication systems, air traffic control, life support machines, medical monitoring, medication delivery, weapons systems, remote control or any industry in which technology failure could lead to death, personal injury, severe physical or environment damage or damage to property.
No warranties expressed or implied are created with respect to Panel-Tec's products except those expressly contained herein. The customer acknowledges the disclaimers and limitation contained herein and relies on no other warranties or affirmations.