Sales and Technical Support
Terms and Conditions of Sales
All sales of products by Festo Corporation (here in after referred to as "Festo") are subject to the following terms and conditions, which form an integral part of the contract. Any modification hereto must be embodied in a writing signed by both parties. The terms and conditions of Festo shall prevail in the event of any conflict between these and those submitted by the buyer.
Prices and Quotations
Prices are subject to change without notice, but any such changes shall not affect orders scheduled within 30 days from the date the order is entered; prices of those products scheduled for shipment after 30 days from the date an order is accepted and entered shall be the published price in effect at the time of such scheduled shipment, but buyer, by written notice to seller within 5 days of receipt of a price increase, may elect to cancel the order for said products without charge in lieu of paying a higher price. Price quotations are firm for 30 days only.
Orders and Payment
All orders are subject to acceptance by Festo at its home office, in Hauppauge, New York. Notwithstanding acceptance or acknowledgment thereof, all orders and all quotations are subject to approval by seller of buyer's credit; at seller's option, terms of payment may be varied from those set forth herein. If the seller places collection of the amount due to it under this contract in the hands of an attorney after non-payment according to the terms hereof, the seller shall be entitled to a reasonable attorney's fee which the parties agree is twenty (20%) percent of the amount of the non-payment, which shall be added to the amount of any Court judgment entered in favor of seller for the amount due under this contract. Any invoice unpaid after thirty (30) days shall bear interest at eighteen (18%) percent per annum.
Deliveries
Delivery quotations are based upon the best information available at the time of quotation. Seller shall exercise all reasonable care to meet delivery commitments. However, seller shall not be held liable for delays in shipping due to causes beyond its control or the control of its suppliers or subcontractors.
Software
A non-exclusive and non-transferable right of use will be granted to the buyer for use by the buyer in connection with the products for which the software was delivered. Copies may not be made without Festo's prior written approval.
Returned Goods
Returns for credit are only allowed upon Festo Corporation’s prior written acceptance. Only unused, standard products (catalog products) in original packaging will be considered for return for credit. Customized Didactic products, installations, systems that were designed and developed according to customer specifications are not returnable for credit.
Only goods, which are received within 90 days of original invoice date, will be considered for credit. Credit will be based upon prices in effect at time of return or time of invoicing, whichever is lower, subject to deduction for handling, re-inspection, and any additional expense incurred in restoring goods to saleable condition, as determined by Festo Corporation’s inspection.
The minimum restocking charge for standard products will be twenty percent (20%). All return shipping charges must be prepaid. Used or damaged products, or products with missing packaging materials (hardware, literature, etc.) will be returned " freight collect" to the sender.
Order Cancellations
Canceled orders are subject to a reasonable cancellation charge to be determined by the seller. "Special order" items are not subject to cancellations. Orders for standard products are subject to a minimum cancellation charge of ten percent (10%).
Designs and Published Data
All designs and specifications are subject to change without notice. Such changes are not to be considered retroactive, and Festo Corporation assumes no responsibility for revisions of models already in the field.
All data is sufficiently accurate for general use, but Festo Corporation assumes no responsibility for errors or omissions.
Warranty and Limitation of Liability
Festo Corporation warrants its products to be free from defects in materials and workmanship for a period of twelve (12) months from date of shipment to the customer. Its liability under this warranty is limited to repair, replacement, or credit allowance, at Festo Corporation’s option, of any defective product or parts. Such repair, replacement or refund shall be the sole liability of Festo and the sole remedy of the buyer in connection with a warranted defect. Festo will not be liable to remove defective material or install replacement material, or to pay for the same.
Festo will have no responsibility to repair, replace or issue refunds for material damaged by installation which is substandard, or performed contrary to instructions and/or recommendations, or accident, modification, misapplication or abuse.
This warranty is expressly in lieu of all other warranties, expressed or implied, and of all other obligations or liabilities on its part. No agent, representative or employee of Festo Corporation has any authority to extend the scope of this warranty or make any other representation, promise or guarantee in connection with the manufacture, sale or application of its products.
Festo shall not be liable for any indirect, consequential or punitive damages, whether for breach of warranty or other contract breach, negligence or other tort, or strict liability.
Force Majeure
Festo shall not be liable for delays in performing contractual obligations owing to any contingency beyond its reasonable control, including acts of God, fires, accidents, strikes, labor disputes, floods, wars, sabotage, or governmental laws, ordinances, rules or regulations or any other factor beyond its control.
Applicable Law
The validity of this Agreement and the rights, obligations and relations of the parties hereunder shall be construed and determined under and in accordance with the laws of the State of New York. Each party hereby consents to jurisdiction of and venue in the federal and state courts for the Eastern District of New York.
Changes to Service, Charges or Terms of Service
Festo-usa.com may modify, suspend or discontinue any portion or service of the site at any time, with or without notice. Festo reserves the right to modify Terms of Service at anytime. Any modifications shall be effective upon posting to festo-usa.com without prior notification. Therefore, it is your responsibility for reviewing these Terms of Service so that you are aware of any modifications. Your continued use of the site and any service provided thereby, indicates your acceptance of the modified Terms of Service.
Payment Options
You can pay for purchases either by credit card or standard terms.
We accept the following credit cards: MasterCard/VISA/ American Express
If you know which products you'd like to order, you can simply call our customer service center at 1-800-99-FESTO between
8 am and 8 pm Eastern Time, and our customer service representatives will process your order over the telephone. Our customer service representatives are available every working day.
Credit card security
In the unlikely event of a transaction resulting in unauthorized use of your credit card, you should follow the reporting procedures defined by your credit card company and contact us immediately. Most credit card companies cover all charges that result from unauthorized use of your credit card; alternatively, they may limit your liability to a certain amount.
All sales of products by Festo Corporation (here in after referred to as "Festo") are subject to the following terms and conditions, which form an integral part of the contract. Any modification hereto must be embodied in a writing signed by both parties. The terms and conditions of Festo shall prevail in the event of any conflict between these and those submitted by the buyer.
Prices and Quotations
Prices are subject to change without notice, but any such changes shall not affect orders scheduled within 30 days from the date the order is entered; prices of those products scheduled for shipment after 30 days from the date an order is accepted and entered shall be the published price in effect at the time of such scheduled shipment, but buyer, by written notice to seller within 5 days of receipt of a price increase, may elect to cancel the order for said products without charge in lieu of paying a higher price. Price quotations are firm for 30 days only.
Orders and Payment
All orders are subject to acceptance by Festo at its home office, in Hauppauge, New York. Notwithstanding acceptance or acknowledgment thereof, all orders and all quotations are subject to approval by seller of buyer's credit; at seller's option, terms of payment may be varied from those set forth herein. If the seller places collection of the amount due to it under this contract in the hands of an attorney after non-payment according to the terms hereof, the seller shall be entitled to a reasonable attorney's fee which the parties agree is twenty (20%) percent of the amount of the non-payment, which shall be added to the amount of any Court judgment entered in favor of seller for the amount due under this contract. Any invoice unpaid after thirty (30) days shall bear interest at eighteen (18%) percent per annum.
Deliveries
Delivery quotations are based upon the best information available at the time of quotation. Seller shall exercise all reasonable care to meet delivery commitments. However, seller shall not be held liable for delays in shipping due to causes beyond its control or the control of its suppliers or subcontractors.
Software
A non-exclusive and non-transferable right of use will be granted to the buyer for use by the buyer in connection with the products for which the software was delivered. Copies may not be made without Festo's prior written approval.
Returned Goods
Returns for credit are only allowed upon Festo Corporation’s prior written acceptance. Only unused, standard products (catalog products) in original packaging will be considered for return for credit. Customized Didactic products, installations, systems that were designed and developed according to customer specifications are not returnable for credit.
Only goods, which are received within 90 days of original invoice date, will be considered for credit. Credit will be based upon prices in effect at time of return or time of invoicing, whichever is lower, subject to deduction for handling, re-inspection, and any additional expense incurred in restoring goods to saleable condition, as determined by Festo Corporation’s inspection.
The minimum restocking charge for standard products will be twenty percent (20%). All return shipping charges must be prepaid. Used or damaged products, or products with missing packaging materials (hardware, literature, etc.) will be returned " freight collect" to the sender.
Order Cancellations
Canceled orders are subject to a reasonable cancellation charge to be determined by the seller. "Special order" items are not subject to cancellations. Orders for standard products are subject to a minimum cancellation charge of ten percent (10%).
Designs and Published Data
All designs and specifications are subject to change without notice. Such changes are not to be considered retroactive, and Festo Corporation assumes no responsibility for revisions of models already in the field.
All data is sufficiently accurate for general use, but Festo Corporation assumes no responsibility for errors or omissions.
Warranty and Limitation of Liability
Festo Corporation warrants its products to be free from defects in materials and workmanship for a period of twelve (12) months from date of shipment to the customer. Its liability under this warranty is limited to repair, replacement, or credit allowance, at Festo Corporation’s option, of any defective product or parts. Such repair, replacement or refund shall be the sole liability of Festo and the sole remedy of the buyer in connection with a warranted defect. Festo will not be liable to remove defective material or install replacement material, or to pay for the same.
Festo will have no responsibility to repair, replace or issue refunds for material damaged by installation which is substandard, or performed contrary to instructions and/or recommendations, or accident, modification, misapplication or abuse.
This warranty is expressly in lieu of all other warranties, expressed or implied, and of all other obligations or liabilities on its part. No agent, representative or employee of Festo Corporation has any authority to extend the scope of this warranty or make any other representation, promise or guarantee in connection with the manufacture, sale or application of its products.
Festo shall not be liable for any indirect, consequential or punitive damages, whether for breach of warranty or other contract breach, negligence or other tort, or strict liability.
Force Majeure
Festo shall not be liable for delays in performing contractual obligations owing to any contingency beyond its reasonable control, including acts of God, fires, accidents, strikes, labor disputes, floods, wars, sabotage, or governmental laws, ordinances, rules or regulations or any other factor beyond its control.
Applicable Law
The validity of this Agreement and the rights, obligations and relations of the parties hereunder shall be construed and determined under and in accordance with the laws of the State of New York. Each party hereby consents to jurisdiction of and venue in the federal and state courts for the Eastern District of New York.
Changes to Service, Charges or Terms of Service
Festo-usa.com may modify, suspend or discontinue any portion or service of the site at any time, with or without notice. Festo reserves the right to modify Terms of Service at anytime. Any modifications shall be effective upon posting to festo-usa.com without prior notification. Therefore, it is your responsibility for reviewing these Terms of Service so that you are aware of any modifications. Your continued use of the site and any service provided thereby, indicates your acceptance of the modified Terms of Service.
Payment Options
You can pay for purchases either by credit card or standard terms.
We accept the following credit cards: MasterCard/VISA/ American Express
If you know which products you'd like to order, you can simply call our customer service center at 1-800-99-FESTO between
8 am and 8 pm Eastern Time, and our customer service representatives will process your order over the telephone. Our customer service representatives are available every working day.
Credit card security
In the unlikely event of a transaction resulting in unauthorized use of your credit card, you should follow the reporting procedures defined by your credit card company and contact us immediately. Most credit card companies cover all charges that result from unauthorized use of your credit card; alternatively, they may limit your liability to a certain amount.
© 2008 Festo Corporation