Terms of Service
Limited Warranty and Limited Liability Policy
A. Value Controls Parts Warranty
Subject to the limitations of Section B, Value Controls warrants Buyers only that the materials and products provided on this site will be free from defects in material and workmanship at the time of shipment, unless otherwise specified by Value Controls in writing. THESE ARE THE SOLE AND EXCLUSIVE WARRANTIES GIVEN BY Value Controls WITH RESPECT TO THE MATERIALS AND PRODUCTS AND ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY AND FITNESS OF A PARTICULAR PURPOSE. These warranties do not extend to any losses or damages due to misuse, accident, abuse, neglect, normal wear and tear, negligence (other than Value Controls), unauthorized modification or alteration, use beyond capacity, or improper installation, maintenance or application.
If within six (6) months after Buyer discovery of any warranty defects, Buyer notifies Value Controls thereof in writing, Value Controls shall, at its option, repair, correct, or refund the purchase price for that portion of the good found to be defective. Failure of Buyer to give such written notice within the applicable time period shall be deemed an absolute and unconditional waiver of the Buyer’s claim for such defects. Goods repaired or replaced during the warranty period shall be covered by the foregoing warranties.
Buyer assumes all other responsibility for any loss, damage, or injury to persons or property arising out of, connected with, or resulting from the use of goods, either alone or in combination with other products/components.
B. LIMITATIONS OF REMEDY AND LIABILITY
THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF ANY WARRANTY HERE UNDER SHALL BE LIMITED TO REPAIR, CORRECTION OR REPLACEMENT, OR REFUND OF THE PURCHASE PRICE.
Value Controls SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY DELAY OF PERFORMANCE AND IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE STRICT LIABILITY, OTHER TORT OR OTHERWISE, SHALL Value Controls LIABILITY TO BUYER AND/OR ITS CUSTOMERS EXCEED THE PRICE PAID BY BUYER FOR THE SPECIFIC GOODS PROVIDED BY Value Controls GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. BUYERS AGREE THAT IN NO EVENT SHALL Value Controls LIABILITY TO BUYER AND/OR ITS CUSTOMER EXTEND TO INCLUDE SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHETHER BUYER’S CLAIM IS IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. The terms “consequential damages” shall include, but not limited to, loss of anticipated profits, business interruption, loss of use or revenue, cost of capital or loss or damages to property or equipment. It is expressly understood that any technical advice furnished by Value Controls with respect to the use of the goods is given without charge, and Value Controls assumes no obligation or liability for the advice given, or results obtained, all such advice being given and accepted at Buyer’s risk.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE IN THE U.S., PROVINCE TO PROVINCE IN CANADA AND FROM COUNTRY TO COUNTRY.
C. Title of the parts passes to the buyer upon shipment.