1. Warranty
AC Precision Holdings warrants the positioners in its WP-Series Positioners against defects in material and workmanship for a period of 1 (one) year from the date of original purchase, conditioned on the satisfaction of the requirements of this warranty. Customer is responsible for return shipping costs. If AC Precision determines that the product is not covered under the warranty, is beyond economical repair (BER), or was damaged from return shipping, we will notify you and inform you of service alternatives that may be available.
2. Validity of Warranty
This warranty is provided at AC Precision’s discretion and may be changed, modified, or terminated at any time. Products replaced due to warranty issues will not be eligible for model upgrades. This warranty will not be honored if AC Precision determines in its reasonable discretion that the product was not used according to manufacturer’s maintenance requirements. This warranty applies only to original retail purchases direct from AC Precision or an authorized reseller. This warranty will be voided after any resale or transfer of the product whether new or used; provided that direct sales from wholesalers/dealers to retailers or consumers do not constitute resales or transfers for purposes of this warranty. Original proof of purchase (including date) by the original purchaser is required to make a warranty claim.
EXCLUSIONS: THIS WARRANTY EXCLUDES SHIPPING COSTS, SHIPPING DAMAGE OR DAMAGE CAUSED DURING UNPACKING AND/OR REMOVAL OF PROTECTIVE PACKING MATERIAL; NORMAL WEAR AND TEAR; ABUSE, MISUSE, OR NON-STANDARD APPLICATION SERVICE REQUIRED AS A RESULT OF IMPROPER, INCORRECT OR INSUFFICIENT SUPPLY VOLTAGE; ANY UNIT WHICH IS MODIFIED, TAMPERED WITH, ADJUSTED, REPAIRED OR DAMAGED DUE TO IMPROPER INSTALLATION, POWER LINE SURGE, INCORPORATION INTO OTHER PRODUCTS OR REPAIRED BY A PARTY OTHER THAN AC PRECISION; ANY FAILURE, LOSS, DAMAGE OR PERSONAL INJURY DUE TO ACCIDENT, NEGLECT, MISUSE OR ABUSE BY THE CONSUMER OR TO IMPROPER OPERATION, MAINTENANCE OR STORAGE OR TO ALTERATION OR TO FAILURE TO FOLLOW NORMAL OPERATING PROCEDURES AS OUTLINED IN THE USER MANUAL; DAMAGE WHICH RESULTS FROM FIRE, FLOOD, LIGHTNING OR OTHER ACTS OF GOD; IF THE ORIGINAL FACTORY SERIAL NUMBER HAS BEEN REMOVED, DEFACED, REPLACED OR TAMPERED WITH IN ANY WAY; INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGES, EXCEPT AS REQUIRED BY FEDERAL OR STATE LAWS; ANY COSMETIC DAMAGE TO THE SURFACE OR EXTERIOR THAT HAS BEEN DEFACED, OR CAUSED BY NORMAL WEAR AND TEAR OR EXPOSURE TO FOREIGN CHEMICALS. THIS WARRANTY SHALL BE VOID IF AC PRECISION DETERMINES IN ITS SOLE DISCRETION THAT THE PRODUCT HAS BEEN DAMAGED, ABUSED, OR NEGLECTED; IT SHALL BE REASONABLE WITHOUT LIMITATION TO MAKE SUCH DETERMINATION IF THE FOLLOWING ARE PRESENT: PUNCTURES, STAINS, ODORS, UNSANITARY CONDITIONS, BURNS, RODENTS, INSECT DAMAGE OR OTHER INFESTATION, DAMAGE FROM LIQUIDS, GELS, BLOOD OR BODILY FLUIDS, OR ANY OTHER FLUIDS, OR DAMAGE FROM WEATHER OR NATURAL DISASTERS. THE USER IS EXPECTED TO FOLLOW ALL OPERATING AND USE INSTRUCTIONS AVAILABLE IN THE USER MANUAL AND MAKE PERIODIC CHECKS AND INSPECTIONS TO ENSURE THE PHYSICAL CONDITION AND PERFORMANCE OF THE PRODUCT. THIS WARRANTY ALSO EXCLUDES NORMAL DEPLETION OF CONSUMABLE PARTS. WARRANTY COVERAGE IS DETERMINED BY AC PRECISION IN ITS SOLE DISCRETION AFTER INSPECTION OF THE PRODUCT AND MAY BE REFUSED.
3. Third-Party Configurations
Any third-party parts and/or configurations associated with AC Precision’s products are not covered under this warranty. Any warranty issues or claims with third-party parts and/or configurations will be handled directly with the third-party manufacturer.
4. Warrant Limitations
NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, USE, OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER STATUTORY WARRANTIES SHALL APPLY TO THE PRODUCT. IN NO EVENT SHALL AC PRECISION BE LIABLE FOR (A) LOSS OR DAMAGE, WHICH AS OF THE PRODUCT’S PURCHASE CANNOT BE REGARDED AS BEING CAUSED BY AC PRECISION’ BREACH OF THESE WARRANTY TERMS; OR (B) LOSSES CAUSED BY THE USER’S FAULT, LOSS OF PROFITS OR BENEFITS. ANY LIMITATIONS OF LIABILITY IN THIS WARRANTY DOCUMENT SHALL NOT APPLY TO (I) DEATH OR PERSONAL INJURY PURSUANT TO ANY MANDATORY LAW ON PRODUCT LIABILITY; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; (III) INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE; (IV) OR A CULPABLE BREACH OF MAJOR CONTRACTUAL OBLIGATIONS. AC PRECISION SHALL NOT BE LIABLE FOR OR REQUIRED TO HONOR ANY WARRANTIES OR GUARANTEES PROMISED OR REPRESENTED TO CUSTOMER BY ANY THIRD PARTY THAT ARE NOT EXPLICITLY STATED HEREIN. REPLACEMENT OR REPAIR AS SET FORTH HEREIN SHALL BE THE EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY. IN ANY EVENT, AC PRECISION’S LIABILITY SHALL NOT EXCEED THE CUSTOMER’S ACTUAL COST TO PURCHASE THE PRODUCT.
5. Warranty Returns
AC Precision reserves the right to postpone, delay, or refuse a warranty claim for failure to abide by the return policies specified herein. Unless otherwise instructed, all permitted returns should be sent, postage prepaid, to: AC Precision, P.O. Box 97, Allenton, WI 53002.
6. State Laws
Some states do not allow the exclusion or limitation of incidental or consequential damages or limitations on how long an implied warranty lasts; thus, the limitations or exclusions herein may not apply to you. This warranty provides the original retail purchaser specific legal rights, and there may be other rights which vary from state to state, including consumer rights.
7. Miscellaneous
This limited warranty shall be construed under Wisconsin law, and Customer hereby consents to the exclusive jurisdiction of any state or federal court located in Wisconsin, and waives any objection to jurisdiction and venue of any action instituted against it as provided herein and agrees not to assert any defense based on lack of jurisdiction or venue. This warranty does not apply to international customers. Consult your country’s local laws for your consumer rights.