Term & Conditions
Last Revised: December 21, 2010
Welcome to industrialautomationnation.com (the “Site”), a web site owned and operated by AutomaTech, Inc. (“AutomaTech” or “we”).
The following terms and conditions, along with the policies and guidelines located throughout the Site (collectively, the “Terms and Conditions”), identify what you, as a user of the Site, can expect from the Site, AutomaTech, its subsidiaries and affiliates (together, the “Providers”) and what AutomaTech expects from you regarding use of the Site.
By visiting any area of the Site, creating an account or profile, making a purchase via the Site, downloading software or content from the Site, joining an interactive community on the Site, or posting a review or comment on the site (collectively, the “Services”), you are deemed to have accepted these Terms and Conditions. These Terms and Conditions may be changed without prior notice at the sole discretion of AutomaTech and you are encouraged to review the Terms and Conditions whenever you use the Site. If you do not agree to be bound by these Terms and Conditions and to follow all applicable laws, please immediately leave the Site.
SHIPPING AND HANDLING:
When AutomaTech ships a product, our liability for damage or breakage on the shipment will be limited to the coverage provided by the carrier's terms and conditions. You may wish to purchase additional insurance coverage for the full value of the product when you order. The appropriate request should be made when you submit your order request. AutomaTech does not give any delivery guarantee such as specified time or date. All shipping dates are estimated from information provided by the carrier and internal processing time. You are responsible for all applicable charges including but not limited to: shipping, handling, delivery, taxes and applicable tariffs associated with the purchase.
You must provide a valid street address within the United States or Canada for delivery. We cannot ship to PO Boxes. Please note that orders submitted after 2:00 PM EST will be shipped the following business day if the product is in stock.
You may return your purchase for a refund, less original shipping and handling charges, within 30 days after the invoice date but may be subject to a restocking fee of up to 15%. All returns must meet the following conditions:
- All original boxes and packaging, with original product codes on the boxes
- All manuals, accessories, and documentation
- All returns must be authorized and have an RMA Number – Contact AutomaTech customer service at 888-830-0088 x 046.
Software will not be returnable if it has been opened.
Please send all returns to the following address:AutomaTech, Inc. 138 Industrial Park Road Plymouth, MA 02360 Attn: RMA Department
All products are backed by a manufacturer’s warranty of up to 5 years, including nonstandard and OEM/ODM versions.
30 Day Evaluation Program
AutomaTech offers a 30 day evaluation program for most Moxa Products. Please contact us at email@example.com or 1-888-830-0088 x 045 for details and availability.
The evaluation program is limited to 1st time purchases of a product for each customer, limited quantities are available for this program.
The customer will be invoiced for the product and after the 30 days you can either pay the invoice and keep the product or return the product in the original packaging with all manuals and accessories for a full refund. Please contact us for an RMA number before returning. We reserve the right to charge a restocking fee for any damage or missing items.
The products and pricing listed on the Site are not to be considered offers to sell, but rather advertisements to receive offers of purchase. All orders are subject to review and acceptance by AutomaTech. Acceptance shall be confirmed upon the receipt of a shipping confirmation sent to you and not upon the receipt of order confirmation sent to you. Payment must be confirmed by an online bank or credit card issuer before an order is process and shipped. We may request additional information from you for verification purposes before accepting any order.
All prices are subject to change. If prices change, your order may not be accepted or you may be advised of issues of pricing or availability in regards to your order. All prices shown on the Site are in US Dollars and do not include any applicable taxes unless otherwise noted. The prices do not include any applicable fees, including any recycling fees (see below) The prices do not include shipping and handling nor any other services such as insurance. Price charged for orders will be the price at the time of the order.
AutomaTech reserves the right to accept or decline your order for any reason at anytime. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by unauthorized resellers or distributors.
You acknowledge that the Site contains content (“Content”) that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is or may be copyrighted as a collective work under the U.S. copyright laws and AutomaTech owns a copyright in the selection, coordination, arrangement, and enhancement of such Content on the Site. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any such Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under United States copy right laws, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. [In addition to the foregoing, use of any software Content shall be governed by these terms and any software license agreement accompanying such software. Unless otherwise noted, the Site and Content are intended to promote the Provider’s products and services. One or more patents may apply to the Site, including without limitation, U.S. Patent Nos. 5,528,490; 5,761,649; and 6,029,142.
The items offered for sale on the Site may contain descriptions that are provided directly by other manufacturer or distributors. The prices displayed on the Site are in US Dollars.
Occasionally there may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. AutomaTech reserves the right in such an event to, in its sole discretion, correct any errors, inaccuracies or omissions and decline and/or cancel any orders for the incorrectly listed item, including after you have submitted an order and payment has been processed. In the event a charge has been made to your credit card, AutomaTech will immediately issue a credit to your card to offset the purchase.
LINKING AND FRAMING OF THIS WEBSITE:
Links to this website without the expressed permission of AutomaTech are strictly prohibited. We reserve the right to cancel or revoke any permission given to link to our site at any time for any reason, without any notice without liability to you or any other person. Framing of this website or any of its content in any form or by any method is strictly prohibited.
PASSWORD AND ACCOUNT SECURITY:
In connection with your account on the Site (“Site Account”), you are responsible for (i) keeping your account password confidential and secured, (ii) avoiding unauthorized access to your account password or your computer; and (iii) keeping the e-mail address associated with your account current (you acknowledge that it is important to keep the e-mail address associated with your account current because, although you may be able to log into your account using an old e-mail address, you will not receive messages from AutomaTech about your orders and inquiries or other matters). You accept full responsibility for all activities that occur within your Site Account or within the Site’s interactive community.
TERMINATION OF USAGE AND ACCOUNT:
We may issue a warning, temporarily suspend, indefinitely suspend or terminate your right to use or access all or any part of the Site, including your Site Account, without notice, for any reason in AutomaTech’s sole discretion, including without limitation (i) violation of these Terms and Conditions, (ii) our belief that such access would (a) violate any applicable law or (b) be harmful to the interests of, or potentially cause financial loss or legal liability to, AutomaTech, any Provider or another user.
In certain cases, in our sole discretion, we may provide written notice (a "Restriction Notice") to a user (a "Restricted User") to inform such Restricted User that (i) his or her right to use or access any part of the Site has been terminated, including the right to use, access or create any account thereon; (ii) AutomaTech refuses to provide any services to such Restricted User; and (iii) any subsequent orders placed by a Restricted User will be subject to cancellation. Other conditions may apply and shall be set forth in the Restriction Notice.
The materials on the Site are provided "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. AutomaTech expressly disclaims any duty to update or revise the materials on the Site, although we may modify the materials at any time without notice. Your use of the Site is at your sole risk, and you assume full responsibility for any costs associated with your use of the Site. AutomaTech shall not be liable for any damages of any kind related to your use of the Site.
The maximum liability to you on products purchased from AutomaTech shall be limited to the purchase price of the products you paid. AutomaTech disclaims any liability for property damage, personal injury, loss of use, interruption of business, loss of profits, or other consequential, indirect, incidental, punitive or special damages, no matter how caused, including without limitation, for breach of warranty, contract, tort (including negligence), or strict liability. Some of these limitations may not apply in some jurisdictions and those damages limitations not allowed under by exclusion or restriction under law may not apply to you.
You agree to defend, indemnify and hold AutomaTech harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site and/or your breach of any representation, warranty, or other provision of these Terms and Conditions.
Title to products purchased from AutomaTech passes to you when the product is shipped. Title to copyrighted material remains with the licensor of the material or the copyright holder.
CHOICE OF LAW:
These Terms and Conditions shall be construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to any conflict of law provisions. Any dispute arising under these Terms and Conditions shall be resolved exclusively by the state and/or federal courts of the Commonwealth of Massachusetts, County of Plymouth and/or the Federal District of Massachusetts. The waiver of any provision of these Terms and Conditions must be in writing and shall not be considered a waiver of any other provision or of AutomaTech's right to require strict observance of each of the terms herein. If any provision of these Terms and Conditions is found to be unenforceable or invalid under particular circumstances for any reason, that provision shall be severable, and such provision under other circumstances, as well as all other provisions, shall remain in full force and effect. These Terms and Conditions constitute the entire agreement between you and AutomaTech relating to your use of the Site.
Any additional or altered terms attached or appended to an order shall be null and void and without effect unless agreed to in writing by AutomaTech. These Terms and Conditions may not be modified, altered or amended without the written agreement of AutomaTech.
These Terms and Conditions are effective unless and until terminated by AutomaTech, who may terminate these Terms and Conditions at any time without notice, and accordingly may deny you access to the Site, as set forth above. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms and Conditions for all purposes.