Automark Conditions of Sale and Warranty
Automated Marking Solutions, LLC dba Automark (hereinafter Automark) wants you to be satisfied and wants to make it easy to do business with our company. We
Conditions Of Sale and Warranty will offer a no-questions ask 30 day return policy for any laser machinery that is standard and in-stock. If returned undamaged and in like-new condition within 30 days, Automark will refund the original purchase price minus a 40% restocking fee. Shipping and Handling charges are not refunded. Unfortunately, we cannot accept returns on custom designed machinery, or pad printing machinery or supplies. All Automark CO2 marking Lasers Carry a two minimum (2) year Warranty and all fiber laser marking machines carry a three (3) year warranty. All TTN Pad Printing Machines and laser cutters carry a one (1) year Warranty. Further Warranty Details can be found in Section 4 of the below document.
1. TERMS THIS CONFIRMATION IS EXPRESSLY CONDITIONAL ON ACCEPTANCE OF ALL TERMS SET FORTH HEREIN REGARDLESS OF ANY PRIOR OFFER MADE TO SELLER BY BUYER. THE TERMS OF THE CONTRACT SHALL BE AS HEREIN SET FORTH UNLESS BUYER WITHIN 10 DAYS OF RECEIPT SHALL OBJECT TO A PROVISION OR PROVISIONS HEREIN IN WRITING, WHICH EXPRESSLY REFERS TO THE PROVISION OR PROVISIONS OBJECTED TO. ANY ADDITIONAL OR DIFFERENT TERMS PROPOSED BY BUYER ARE REJECTED UNLESS EXPRESSLY ASSENTED TO IN WRITING SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE SELLER.
2. ASSIGNMENT The contract resulting herefrom shall not be assignable by the Buyer.
3. PAYMENT AND CREDIT Interest at the rate of 18% per annum will be charged on all overdue accounts, to the extent permitted by law. Seller reserves the right to suspend credit at any time when in its judgment such action is warranted and may suspend or reduce any or all of the balance of delivered hereunder, or cancel this or any other order of the Buyer, when any sum due hereunder is in arrears.
4. WARRANTY: The Seller offers a one (1) year warranty on all newly delivered TTN Pad Printers and a two (2) year warranty on all Automark UV and CO2 Laser systems and a three (3) year warranty on all Automark Fiber laser systems with the exception of any goods designated herein as being designated “AS IS”, as to which Seller makes no warranty whatsoever. Warranty is on parts only. BUYER ASSUMES ALL RISK AND LIABILITY FOR THE USE OF THE GOODS DELIVERED. Warranty repairs can be made at original Buyer’s facility for reimbursement of travel costs. All Warranty repairs are conducted at no-charge in Austin, TX. If for some reason, a Warranty repair cannot be conducted, a like replacement might be offered and will be considered as repaired for satisfaction of this requirement. Buyer agrees to handle returning the equipment with respect to packaging, transport, and costs associated therein.
A. This Warranty extends only to the original Buyer of equipment and is not transferable or assignable.
B. Any modifications or noticeable damage will void warranty.
C. This Warranty only covers normal use and does not cover wear and tear, neglect, shipping damages, installation damage, natural disasters, or alteration of equipment by personnel other than Automark Representatives.
D. Failure to clean machinery appropriately, store machinery in a properly climate controlled environment, or remove ink, fixturing, etc. from pad printing machinery will
E. Automark does not accept liability for any loss or damage to parts, data, information
or anything else as a result of using this machinery.
F. Automark does not accept responsibility for loss of time use due to software or
G. This Warranty cannot be transferred.
5. TAXES The Buyer shall pay the Seller, in addition to the quoted price of each item, the amount of all present and future sales, use, manufacturing, excise or other similar taxes relating to such item which the Seller is required to pay or to collect from the Buyer.
6. LIMITATION OF LIABILITY
A. Seller’s liability and the liability of any affiliate of Seller on any claim of any kind, including negligence, for any loss or damage arising out of, connected with, or resulting from Buyer’s order or from the performance or breach of the terms thereof, or from the manufacture, sale, delivery, resale or use of any product or part thereof covered by this confirmation shall in no case extend beyond the replacement of defective products or, at the discretion of Seller, a refund of the purchase price or part thereof; provided, however, that such liability shall in no case exceed the price allocable to the product or part thereof which gives rise to the claim and shall terminate one year from the data of shipment, or failure to timely ship, by Seller.
B. SELLER’S LIABILITY UNDER OR FOR BREACH OF THIS AGREEMENT (including the failure by Seller to deliver goods to Buyer for whatever reason) SHALL NOT EXCEED THE REFUND OF THE PURCHASE PRICE. IN NO EVENT SHALL SELLER BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS BY THE BUYER. IN NO EVENT SHALL SELLER BE LIABLE FOR LOSS OF USE OR FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, NEGLIGENCE, BREACH OF CONTRACT OR OTHERWISE.
C. Seller shall not be responsible for the results of any technical advice in connection with the design, installation and use of the goods sold hereunder.
7. CAUSES BEYOND CONTROL Except for any payment obligations, neither party shall be deemed to be in default or liable for any delays in the event and to the extent that performance thereof is delayed or prevented by acts of God, public enemy, war, civil disorder, fire, flood, explosion, riot, labor disputes, work stoppage or strike, unavailability of pad printing or laser equipment equipment or accessories or its components, any act or order of any governmental authority, or any other cause, whether similar or dissimilar, beyond its control.
8. FOB FACTORY Unless otherwise specified in writing, shipment shall be F.O.B. Operations (Austin, Texas). Buyer is responsible for all freight and insurance expenses unless otherwise noted.
9. PAYMENT TERMS Unless specifically agreed in writing, terms shall be prepay before goods ship. For custom manufactured machinery, 50% is due at time of purchase and remaining balance due at delivery. Build times start at the time of collection of deposit and purchase order.
10. CLAIMS No claim will be allowed in respect of damaged or shortweight goods or in respect of errors in price or terms of sale unless made in writing to Seller within five days of delivery to Buyer of the goods in respect of which such claim is made or of the related invoice, as the case may be. No claim will be allowed for any other reason in respect of goods delivered hereunder unless made in writing to Seller within five (5) days after date of delivery. Any action for breach of this contract must be commenced within one year after the cause of action has accrued. No claim in respect of goods delivered hereunder shall be a ground for withholding payment therefore, nor shall it give any right of set-off against other payments due from Buyer to Seller.
11. PRICES The prices shown are subject to adjustment to the Seller’s prices in effect at the time of shipment (subject to applicable governmental regulations).
12. GOVERNING LAW; VENUE AND JURISDICTION This Agreement is made, governed by, and shall be construed in accordance with the laws of the State of Texas as applied to contracts between Texas residents entered into and to be performed entirely in Texas. All actions brought to enforce or arising out of this Agreement shall be brought in federal or state courts located within the County of Travis or Austin, Texas; the parties hereby consenting to personal jurisdiction and venue therein.
13. ENTIRE AGREEMENT This agreement constitutes the entire agreement and understanding of the parties on the subject matter hereof and, as of the effective date, supersedes all prior agreements, whether written or oral, between the parties hereto concerning the subject matter hereof. This agreement may be modified only by further written amendment signed by the parties hereto except as otherwise expressly provided herein.
14. ATTORNEY FEES If Buyer does not make all payments when due, Buyer promises to pay in addition to all amounts owing under this agreement all cost of collection, accrued interest, and reasonable attorney’s fees incurred by Seller on account of such collection, whether or not suit is filed hereon.
15. SECURITY INTEREST Seller hereby reserves a purchase money security interest in all Goods sold hereunder and the proceeds thereof in the amount of their purchase price until all such Goods have been paid for in full. Buyer hereby agrees to perform all acts necessary or appropriate to assist Seller in perfecting and maintaining such security interest. In the event of default by Buyer of any of its obligations to Seller. Seller shall have the right, without liability to Buyer, to repossess the Goods sold hereunder.