Warranty and Return Policy

Items purchased from Value Controls, Inc. (“Value Controls”) may not be covered by the manufacturer’s warranty because Value Controls is not an “authorized” dealer of the merchandise. However, the item is covered by Value Controls’ 2 Year Warranty, the terms of which are set forth below.

 Non-warranty Returns

If customer is dissatisfied with any product purchased from Value Controls, Customer may return the product within sixty (60) calendar days of the invoice date. A 20% restocking fee will apply to all non-warranty returns. Value Controls does not accept returns of a product based on the date manufactured or the cosmetic condition of product or packaging. Refunds of product will be issued only upon receipt and testing.

 Warranty Returns

Value Controls warrants that the good(s) sold pursuant to a particular order (“Goods”) shall be free from defects in materials and workmanship for a period of two (2) years from the date the customer is invoiced for the Goods (“the Warranty Period”). The foregoing warranty shall only be applicable to Goods stored, installed, handled, operated, or otherwise used under normal conditions.

All warranties issued are provided by Value Controls, not the manufacturer. All warranties issued herein are non-transferable without Value Controls’ prior written consent.

If, during the Warranty Period, a Customer wishes to make a claim, the Customer shall provide notice using the following methods:

Upon receipt of Warranty Claim, Value Controls will issue a Return Authorization Number (“RMA”). Value Controls will not accept any Warranty Claim without a valid RMA.

Freight and rush fees for Goods returned under Warranty Claims shall remain the responsibility of the Customer.

Value Controls’ obligation shall be limited to the replacement of any such Good (or part/component thereof as Value Controls determines) free of charge to the customer. If Value Controls determines that the Good cannot be replaced, Value Controls shall credit the Customer’s account in an amount equal to the sum the customer paid for it.

Any Warranty Claims must be received before the end of the Warranty Period, together with the return of the Good within this same period, and must include Value Controls’ RMA number.

This Warranty is given in lieu of any other warranties, either express or implied, including that Value Controls disclaims any warranty of merchantability, fitness for a particular purpose and/or non-infringement. In no event shall Value Controls be liable for any damages except actual damages up to, but not exceeding, the amount Customer paid to Value Controls for the particular Good. Further, Value Controls shall not be liable for any special damages including consequential damages, incidental damages, lost profits, or lost revenue.

Other Terms

All sales and services are presumed to have taken place in Texas and those above-described warranties provided by Value Controls, Inc. shall be construed under Texas law, without regard to conflict of law provisions. Venue for any dispute arising hereunder shall be in that State or Federal Court nearest to the main office of Value Controls, Inc. The parties hereby agree to personal jurisdiction over them in such Courts.

Customer warrants that it is and shall remain in full compliance with any applicable United States, State and/or local regulations controlling the sale and delivery of goods for export and is and shall remain solely responsible therefore. The terms set forth herein constitute the entire agreement regarding this transaction, except for product and/or service description and pricing, and subject only to our credit agreement (if any) with Customer, our invoice and our separate order confirmation.

In the event any part of these terms is deemed unenforceable by a court having jurisdiction thereover, such unenforceable term(s) shall be modified to make them as enforceable as possible, and the rest of these terms shall not be affected. Any contrary terms offered by the Customer are not a part of this transaction. Customer shall defend, indemnify and hold Value Controls, Inc. and its agents harmless from any breach by it of these terms or any misuse or abuse by it of any item sold and/or serviced hereby.

The goods sold hereunder shall be at the risk of the Customer upon delivery by Value Controls to the carrier F.O.B. shipping point. Title to the goods sold hereunder shall remain in Seller until payment in full by Buyer.

Value Controls shall not be responsible for delays caused by manufacturing plants, transportation, strikes, fires, floods, storms, war, insurrections, riot, any governmental regulation, order, act or instruction, or any other circumstances beyond its control, and Customer hereby waives any claims relating to same.

Should any part of this transaction contravene U.S., U.K. or CA Export laws, this transaction shall be immediately void and unenforceable.

No amendment to, rescission, termination, cancellation or discharge of this Agreement is effective unless it is in writing and signed by each party to this Agreement. Neither party may assign any of its rights under this Agreement without the prior written consent of the other party. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Any waiver authorized on one occasion is effective only in that instance and only for the purpose stated, and does not operate as a waiver on any future occasion. Any failure or delay in exercising any right, remedy, power or privilege or in enforcing any condition under this Agreement; or any act, omission or course of dealing between the parties does not constitute a waiver or estoppel of any right, remedy, power, privilege or condition arising from this Agreement.