|
|
|
Please read the following terms and conditions of use for the Magnetek Inc. Web site before using this site. Use of this site constitutes an agreement to accept these terms and conditions of use. Magnetek, Inc. reserves the right, without notice and at its sole discretion, to remove any content from this site, and to deny any user or users access to all or any part of this site.
1. COPYRIGHTS AND TRADEMARK INFORMATION
1.1 Ownership: Magnetek, Inc. owns the materials and information contained on this site, which are or may be subject to protection by the United States copyright laws and the copyright laws reflected in the treaties and conventions of other jurisdictions. You should assume everything on this site is protected by copyright and may not be used except in accordance with the terms of use set forth herein and that any product, service, program or technology described in this site may be the subject of copyright, trademark, patent or other intellectual property rights owned by Magnetek or a third party.
1.2 Personal Use: Magnetek authorizes you to view, copy, download, and print materials, documents and information displayed on the site, such as press releases, product lists, descriptions and images that are available on this Web site, subject to the following conditions:
- The materials may be used only for personal, noncommercial use and informational purposes. They may not be posted or distributed;
- Materials and information on this Web site may not be modified;
- All copied and printed materials must contain language that the materials are or may be copyrighted to Magnetek, Inc., with all rights reserved, and must contain a copy of this Section 1.2 language;
- Copyright, trademark and other proprietary notices may not be removed from any materials printed or downloaded from this Web site;
- Use of the materials on any other Web site or networked computer environment and broadcast of the materials in any media are prohibited.
1.3 Commercial Use: Reproduction, copying, or redistribution for commercial purposes of any materials or design elements on the Web site is strictly prohibited without the express, written consent of Magnetek, which may be granted or denied at Magnetek's sole and absolute discretion.
1.4 Trademarks: The trademarks, service marks and logos (the "Marks") displayed on this site are the property of Magnetek. You are prohibited from using any Marks for any purpose, including, but not limited to use as metatags on other pages or sites. Nothing contained in this site grants by implication, waiver, estoppel or otherwise, any right to use any trademark displayed on this site and any use, reproduction, copying or redistribution of Magnetek's logos or trademarks is strictly prohibited.
2. COMMUNICATIONS TO THE SITE.
2.1 Privacy: See Magnetek Privacy Notice
2.2 Links with Other Sites: See Magnetek Privacy Notice
2.3 Export Controls: This Web site is governed by United States export control laws and regulations prohibiting the export and re-export of products and technology to certain countries and persons. By downloading or using materials on this Web site, you agree to strictly comply with all applicable export laws and regulations and to assume sole responsibility for obtaining required licenses to export or re-export products or technology and you further warrant that you are not located in or under the control of, and that you are not a national or resident of any country subject to U.S. trade embargoes, nor are you a person with whom the trade of technology has been prohibited.
3. Warranties and Disclaimer: MAGNETEK USES REASONABLE EFFORTS TO INCLUDE ACCURATE INFORMATION ON ITS WEB SITE, BUT IT MAKES NO REPRESENTATIONS AS TO THE ACCURACY, TIMELINESS OR COMPLETENESS OF THAT INFORMATION. THE INFORMATION CONTAINED IN THIS SITE IS WITHOUT WARRANTY, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. YOUR USE OF THIS WEB SITE CONSTITUTES AN ACKNOWLEDGMENT AND AGREEMENT THAT, TO THE EXTENT PERMITTED BY LAW, MAGNETEK HAS NO LIABILITY FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WITH RESPECT TO THE INFORMATION, SERVICES, CONTENT, OR ADVERTISEMENTS CONTAINED ON OR OTHERWISE ACCESSED THROUGH THIS WEB SITE, INCLUDING DAMAGES RELATED TO LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT MAGNETEK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR COMMUNICATIONS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
4. Disclosure: Some of the information on this Web site may contain projections or other forward-looking statements regarding future events or the future financial performance of Magnetek. We wish to caution you that these statements are only estimates and that actual events or results may differ materially. We refer you to the documents Magnetek files from time to time with the Securities and Exchange Commission, specifically, Magnetek's most recent Form 10-K and Form 10-Q. These documents contain and identify important factors that could cause the actual results to differ materially from those contained in our estimates or forward-looking statements, including but not limited to fluctuations in customer demand, both in timing and volumes; pricing and currency exchange rates; the timing of new technology and product introductions; the risk of early obsolescence, risks associated with acquisitions and divestitures, and the risk that the company's ultimate costs of doing business exceed present estimates.
5. Applicable Laws: Magnetek controls this Web site (excluding linked sites) from its offices in Los Angeles, California. It can be accessed from all 50 states, as well as from other countries around the world. By accessing this Web site, you agree that the laws of the state of California apply to any claims arising out of your use of this site, without regard to any conflict of laws principles, and you agree to submit to the exclusive personal jurisdiction and venue of the Superior Court of Los Angeles County and the United States District Court for the Central District of California.
3. Warranty & Terms of Sale
Prices: Subject to Change Without Notice
F.O.B: Magnetek Material Handling; Milwaukee, Wisconsin
Terms: Net 30 Days
Magnetek Material Handling, hereafter referred to Company, guarantees all new
equipment items manufactured by it against any defects of material and/or workmanship for a
minimum period of one year to a period of two years, depending on product type
from the date of shipment. To see our
warranty policy by product line click here. Company makes NO OTHER WARRANTY, EXPRESSED OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS OF THE ITEMS FOR THEIR INTENDED USE OR AS TO THEIR PERFORMANCE. Any statement, description or specification in Company’s literature is for the sole purpose of identification of items sold by the Company and imparts no guarantee, warranty or undertaking by company of any kind.
Components and accessories not manufactured by Magnetek
Material Handling are not included in this warranty and are warranted separately by their respective manufacturers.
Company’s sole liability shall be to repair at its factory, or replace any item returned to it within
one or two years from date of shipment depending on product type, which Company finds to contain defective material or workmanship. All items to be repaired or replaced shall be shipped to Company (Note: return authorization by Company is required) within said period, freight prepaid, as a condition to repair or replace defective material or workmanship. Company’s herein assumed responsibility does no cover defects resulting from improper installation, maintenance, or improper use. Any corrective maintenance performed by anyone other than the Company during the warranty period shall void the warranty. Company shall not be liable for damages of any kind from any cause whatsoever beyond the price of the defective Company supplied items involved. Company shall not be liable for economic loss, property damage, or other consequential damages or physical injury sustained by the purchaser or by any third party as a result of the use of any Company supplied items or material.
Company neither assumes nor authorizes any other person to assume for company any other liability in connection with the sale or use of items sold by Company.
List prices or discounts are subject to change without notice. Quoted prices will be honored for a period of 30 days from the date of the written quotation unless otherwise stated.
Orders of $25,000 or more, and orders for special control panels are subject to special terms and conditions of sale. Refer to those specific sections within this document.
Orders are not subject to alteration or cancellation except upon written consent of Company and payment of proper cancellation charges, when deemed applicable by Company.
Materials or items may not be returned for credit, without the prior written consent of the Company. Any authorized return of materials or items shall be subject to a restocking charge equal to 20% of the net invoiced amount after Company determines that the material or items is in good condition and may be resold without alteration or service.
Terms of payment are NET 30 days. All materials and items are sold F.O.B. Company’s shipping point. Company retains a security interest in all items sold by it so long as they remain in Company’s possession to secure all obligations of purchaser to Company. A processing fee will be applied to all invoices for requested prepaid freight charges other than UPS. A service charge will be incurred on past due accounts extending beyond the terms of sale described above, at a rate of 1.5% per month of the net balance extending beyond 30 days.
Any claim for material or item shortages must be received by Company within 30 days of shipment and must be accompanied by copies of the bill of lading and packing slip.
Special Terms and Conditions
on Orders of $25,000 or MoreElectrification and Control
Orders
Drawings and Drawing Approvals (if applicable)
In most cases, MAGNETEK MATERIAL HANDLING will submit drawings for customer approval within 30 days after receipt of purchase order.
Customer drawing approval and MAGNETEK MATERIAL HANDLING credit approval is required before MAGNETEK
MATERIAL HANDLING will proceed with part procurement or assembly work.
Progress Payments
25% of total order is required prior to shipment.
75% balance to be paid Net 30 days upon shipment of order
Customer Requested Changes
Customer shall pay for any additional charges that may be incurred due to customer change orders as incurred.
Cancellation Policy
Cancellation fee of 10% of order, plus all charges that may be incurred to date of cancellation, will be applicable to all orders cancelled after receipt of purchase order.
Credit Approval
All orders are subject to credit approval by MAGNETEK MATERIAL HANDLING.
All items manufactured and offered for sale by Magnetek Material Handling are subject to limited warranty and terms of sale. These special terms and conditions are part of the limited warranty and terms, and only supersede or take exception to said warranty and terms as specifically outlined in this document. Refer to limited warranty and terms section of this document for complete description.
Special Terms and Conditions—
Orders for Special Control
Panels
Drawings and Drawing Approvals (if applicable)
In most cases, MAGNETEK MATERIAL HANDLING will submit drawings for customer approval within 30 days after receipt of purchase order.
Customer drawing approval and MAGNETEK MATERIAL HANDLING credit approval is required before MAGNETEK
MATERIAL HANDLING will proceed with part procurement or assembly work.
Progress Payments
25% of total net order is required upon drawing approval.
25% of total net order is required prior to shipment.
50% balance to be paid Net 30 days upon shipment of order.
Customer Requested Changes
Customer shall pay for any additional charges that may be incurred due to customer change orders as incurred.
Cancellation Policy
Cancellation fee of 10% of order, plus all charges that may be incurred to date of cancellation, will be applicable to all orders cancelled after receipt of purchase order.
Credit Approval
All orders are subject to credit approval by
MAGNETEK MATERIAL HANDLING
All items manufactured and offered for sale by Magnetek Material Handling are subject to limited warranty and terms of sale. These special terms and conditions are part of the limited warranty and terms, and only supersede or take exception to said warranty and terms as specifically outlined in this document. Refer to limited warranty and terms section of this document for complete description. |