Terms and Conditions
ACD for the product value. No Products can be returned without a Return Material Authorization (RMA) number which must be obtained
from ACD prior to shipping.
b) ACD DISCLAIMS ANY LIABILITY, WHETHER UNDER THIS WARRANTY OR OTHERWISE, FOR, AND BUYER SHALL DEFEND,
INDEMNIFY AND HOLD HARMLESS ACD, ITS OFFICERS, AGENTS, AND EMPLOYEES AGAINST ALL EXPENSE, LOSS, ATTOR-
NEYS’ FEES, COST, DAMAGES, AND LIABILITY ARISING FROM ANY FAILURE OF ITS PRODUCTS WHICH IS CAUSED BY, IN
WHOLE OR IN PART, THE USE IN OR WITH PRODUCTS OR COMPONENT PARTS NOT MANUFACTURED BY ACD, OR BY AN
ALLEGED DEFECT RELATED TO DESIGN, LABELING, OR MANUFACTURING SPECIFICATIONS SUPPLIED BY BUYER.
c) THE TERMS OF THE APPLICABLE WARRANTY OR WARRANTIES, AS THE CASE MAY BE, AS SET FORTH ABOVE, ARE THE SOLE
AND EXCLUSIVE WARRANTY TERMS THAT SHALL HAVE ANY FORCE AND EFFECT IN THIS TRANSACTION, AND SUCH TERMS
ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRAN-
TIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE HEREWITH EXPRESSLY EXCLUDED.
d) ACD’S LIABILITY FOR ALL CLAIMS, WHETHER BASED ON BREACH OF CONTRACT, NEGLIGENCE, PRODUCT LIABILITY, OR
OTHERWISE, RELATING TO THE PRODUCTS SHALL NOT EXCEED THE PRICE PAID BY BUYER FOR SUCH DEFECTIVE
PRODUCT. IN NO EVENT WILL ACD BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING
WITHOUT LIMITATION, LOSS OF USE, LOSS OF PROFIT, AND CLAIMS OF THEIR PARTIES), HOWEVER CAUSED, WHETHER BY
THE NEGLIGENCE OF ACD OR OTHERWISE.
e) BUYERS ARE SOLELY RESPONSIBLE FOR CONFIRMING THAT ALL PRODUCTS PURCHASED UNDER THIS AGREEMENT ARE
INSTALLED AND USED IN ACCORDANCE WITH ALL APPLICABLE CODES AND REGULATIONS.
TOLERANCES AND VARIATIONS: All goods being sold to Buyer will be produced in accordance with ACD’S standard practices.
RETURNS: Customers wishing to return products must first obtain a Return Material Authorization (RMA) number from an ACD Call Center
Representative. This number must be printed on the outside of the package in order for it to be received and processed. Merchandise must
be shipped prepaid. ACD will determine if credit will be issued upon evaluation of the product and packaging after it is returned to ACD. Other
details concerning returns are as follows:
STOCK ITEM RETURNS: Items ordered in error must have a Return Material Authorization (RMA) number issued within 30 days of the
original order. These parts are eligible for full credit only if the returned products and packaging are clean, unused, and in a fully resalable
condition.
A repackaging charge of 10% of the sale price may be charged on any products not returned unopened. Under no circumstances will credit
be issued after 30 days from date of invoice. All freight charges are the responsibility of the customer.
DEFECTIVE ITEM RETURNS: All defective items must have a Return Material Authorization (RMA) number.
CUSTOM PRODUCT AND TOOL RETURNS: RMAs will only be issued for Custom Products and tools that are found to be defective.
NOTICES: Any notice to ACD required or permitted hereunder will be deemed to have been effectively delivered if in writing and served by
personal delivery to ACD or sent by registered or certified mail with return receipt requested, postage prepaid, to ACD 20 Valley Street Endicott,
New York 13760.
CONFIDENTIALITY: Buyer agrees that all information furnished by or obtained from ACD in connection with the sale of items hereunder will
be confidential, and Buyer agrees not to (i) disclose any such information to any other person, or (ii) use such information for any purpose other
than performing this contract.
TRADEMARKS: All trademarks referenced in this catalog are the service mark, trademark, or trademark of the respective manufacturer.
CALL MONITORING: To ensure quality of service, ACD may monitor incoming and outgoing telephone calls with customers.
PATENT, TRADEMARK, AND COPYRIGHT INDEMNITY: ACD shall indemnify Buyer, Buyer’s customer, and any end user from any and all
damages and costs finally awarded for infringement of any existing patent, trademark, or copyright in any suit by reason of the sale of any
products sold to Buyer hereunder where ACD is an infringer with respect to its sale hereunder, provided that ACD is promptly notified in writing
of any such suit and Buyer offers ACD full and exclusive control of the defense of such suit when products of ACD only are involved therein
and the right to participate in the defense of such suit when products other than those of ACD are also involved, and Buyer fully cooperates
with ACD in such defense. This indemnity shall not, however, extend to infringement or claims thereof resulting from ACD’s compliance with
Buyer’s designs, processes, formulas, or approvals, use of the products in a manner to have them become infringing or use of the products
alone or in combination with other equipment where the use is the subject of the claim. ACD’s liability for damages hereunder is limited to those
computed solely on the value of any product sold to Buyer hereunder. In no event shall ACD be liable for special, incidental, or consequential
damages or costs applicable thereto. The above indemnity is in lieu of any other indemnity or warranty, express or implied, with respect to
patents, trademarks, or copyrights and shall in no event exceed the price paid by Buyer for such products.
GOVERNING LAWS: The laws of the State of New York shall in all respects govern Buyer’s purchase of products. All disputes will be heard
in Binghamton, NY.
SEVERABILITY: If any provision of this document is in violation of any governmental statute or regulations, or is illegal for any reason, said
provision shall be self-deleting without affecting the validity of the remaining provisions.
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