DS TECH US_CAD Motox Catalogue 2011_1

Motox Gear Motors
For greater certai nty, defective parts shall be rep laced FC A Siemen s
facility following your return of the defective parts to Siemens or, if
designated by Siem ens, to the location where the works are made, properly
packed and with transportation charges prepaid by you. You are solel y
responsible for all expenses for dismantling, removal, re-installation and
freight for any permitted returns. The same obligations and conditions
ext end t o replacement parts furnished b y S iemens hereunder. Repairs or
replacement deliveries do not interrupt or prolong the term of the
warranty.
D. Exclusions
The applicable warranties are void if products are (i) altered or repaired
other than b y persons authorized or approved b y Siemens or (ii) not
stored , operated, used and maintained in a safe and reasonable manner and
in accord ance with their specificati ons and any writt en inst ructions from
the manufact urers. Unl ess oth erwi se st ated, the warranties in thi s Secti on 6
ext end onl y t o you and not t o third parties.
EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS AND
CONDITIONS, SIEMENS DISCLAIMS ANY FUR THER
CONDITIONS, R EPRESENTATIONS OR WARR ANTIES, WHETHER
WR ITTEN OR ORAL, EXPR ESS OR IMPLIED, INC LUDING BUT
NOT LIM ITED TO THE CONDITIONS , REPR ESENTATIONS AND
WARRANTIES OF MERCHANTABILITY, MERCHANTABLE
QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AGAINST
INFRINGEMENT AND THOSE ARISING FROM STATUTE.
LIAB ILIT IES AND DI SCLAIME R
A. Exclusion of Certain Dam ages
IN NO EVENT SHALL SIEMENS BE LIABLE FOR LOSS OF
PR OFITS , LOS S OF GOODWILL, LOSS OF EXP EC TED S AVINGS
OR EXPECTED PROFITS, BUSINESS INTERRUPTION, LOST
BUSINESS, LOST PR OFITS OR INDIREC T, SPEC IAL,
CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEM PLAR Y
LOSSES, DAMAGES OR EXPENSES INCURRED OR SUFFERED
ARISING OUT OF THESE TERMS AND CONDITIONS OR ANY
PR ODUCTS OR S ERVIC ES PR OVIDED BY SIEM ENS , EVEN IF
SIEMENS HAS BEEN ADVISED OF OR IS AWARE OF THE
POS SIBILITY OF SUC H DAMAGES .
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THESE
TERMS AND CONDITIONS SHALL APPLY IRRESPECTIVE OF THE
NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM,
INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT,
TORT (INCLUDING NEGLIGENCE), FUNDAMENTAL BREACH,
FAILUR E OF THE ESEENTIAL PURP OS E OR F ITNESS FOR A
PARTICULAR P URPOS E OR ANY OTHER LEGAL THEORY AND
SHALL S UR VIVE TERM INATION OF THESE TERM S AND
CONDITIONS. THE ALLOC ATIONS OF LIAB ILITY IN THIS
SEC TION R EP RES ENT THE AGR EED AND BARGAINED F OR
UNDERSTANDING OF THE PARTIES.
B. Absolute Limitation of Liability
Notwithstanding any oth er term and condition set forth herein, the limit of
Si emens’ l iabi lity to you i n any mann er rel ated to these terms and
conditions or products or services provided by Siemens hereunder, for any
and all claims, shall not in the aggregate exceed the price of the goods and
services set out in the applicable purchas e order .
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faulty castings or forgings, or the failure of Siemens' suppliers to meet
th eir deli very comm itments. Your accept ance of t he del ivery of products
and/or services shall constitute your waiver of all claims for loss or
damage due to any delay whatsoever.
3. DEFAULT / TERMINATION
If you (a) breach any of these terms and conditions; (b) assign, move,
pledge, sublease, resell or relinquish possession of any products (or the
real property where the products are located) prior to payment in full; (c)
cease to do business as a going concern or becoming insolvent; or (d)
breach the terms of any loan or credit agreement to which the p roducts or
services relate, then Siemens res erves the right to terminate these terms
and conditions and the delivery of products and services hereunder. Where
a cure or remedy of the default is possible, then Siemens will not terminate
prior to affording you ten (10) business days to remed y such breach.
If Siemens terminates these terms and conditions, then it shall be entitled,
at its sole election and in additional to any other remedies available to it at
law (a) to be pai d in full for all accrued and unpaid payments and charges
due, as liquidated damages and not as a penalty, (b) to be paid for all
reasonable costs and expenses including, without limitation, any expenses
incurred by Siem ens as a result of your defau lt hereunder; (c) to sell,
transfer or ot herwi se d ispose of t he product s Si emens has deli vered and
which have not yet been paid for without being liable in any suit or action
or another proceed ing b y you or any third party, and (d ) to declare these
terms and condition s term inat ed, wit hou t prej ud ice to Siemens’ rights and
your obligations then accru ed and remaining unsatisfied.
4. EXPORT COMPLIANCE
You shall not export products covered by these terms and conditions from
Canada or from any other country without first applying for and obtaining
any and all required authorizations from the Government of Canada or
from the government of any other country to the extent permitted under
Canadian law. You shall be responsible for, and require a legally
enforceable commitment from, any party to whom you sell the products
that such purchaser will comply with t he above rest ri cti ons.
Siemens reserves the right to request written confirmation of all
authorizations procured by you, including certifying that the products will
be used or consumed in the territory id entified on such form, will be used
or consumed in the manner described on such form, and will n ot be used,
consumed, sold nor exported except in accordance with the laws of
Canada, or the laws of any other country to the extent permitted under
Canadian law. If you fail to provide Siemens with a requested
confirmation, or in Siemens’ reasonable judgment you have failed to
comply with the terms of any declaration, Siemens may refuse to
commence or continue manufacture or making shipment of the products,
and may, if shipment has been made, recover the products from the carrier.
Where specified in the Purchase Order, Siemens will use reasonable
efforts to provide you with a Certificate of Origin, however in no event
will Siemens be liable for failing to provide a Certificate of Origin or for
th e paym ent of an y dut ies , t axes, penalti es, int erest , cost s, legal or ot her
fees or any other amounts arising as a result of any actions in respect of
th e products on t he part of th e customs authorities of any country.
Siemens’ obligation to fulfill these terms and conditions are subject to the
proviso th at the fulfillment is not preven ted by any impediments arising
out of national and international foreign trade and customs requirements or
any embargos or other sanctions.
C. Ind emnity
5. PRIVACY and CONFIDENTIALITY
Use of the products and services provided by Siemens shall be at your sole
risk and discretion. Other than as set out herein, Siemens shall have no
liabili ty i n connection wi th su ch use. Further, you shall indemnify and
Except as required by law or with the express written consent of Siemens,
you agree to receive and maintain all information received from Siemens
in confidence, u sing it only in connecti on wi th your us e of the products
hold harmless, and reimburse Siemens for any claims, damages, losses or
and services purchased, and use the same degree of care you employ with
penalties, interest, costs, legal or other fees or any other amounts incurred
your own confidential information, provided this is no less than a
by Siemens or that m ay becom e payable by Siemens as a direct or indirect
reasonable standard of care. You agree not to disclose, authorize the
result of: (a) your breach of any of these terms and conditions; (b) your
use of the products or services contrary to the specifications provided by
disclosure of, or make public any such information and will not use such
in formation excep t as s et out h erein.
Si emens; and (c) your failu re to obtain any and all authorizat ions or
permits that may be required in connect ion wi th the us e or export of the
products, i nclu di ng those re fe rr e d to in S ec tions 10.
FORCE MAJEURE
Unless otherwise stated, you shall not provide Siemens with any personal
in formation and you shall remove any such informat ion from records and
documen ts provided to Siem ens. To the extent Siemens provides you with
person al information, you shall comply with applicable privacy laws,
Siemens shall not be responsible or liable for any loss or damage incurred
by you resu lting from causes beyond the reasonable control of Siemens including, wit hou t limi tation, acts of God, war, in vasion, i nsurrecti on, ri ot,
the order of any ci vil or m ilitary authori ty, fire, flood, weather, act s of the
el ements, del ays in t ransportation, unavailabi lity of equi pment or
materials, breakdown, sabotage, lock-outs, strikes or labour disputes,
includin g i n its use, disclosure, st orage and des truction th ereof.
(450) 655-7447
info@pt-dstech.com
www.dstech.ca
1275 Newton, local 15
Boucherville, Qc,
Canada, J4B 5H2