This page contains All Traffic Solutions warranty policy and the terms and conditions of the sale of our products and services. If you would like more information, or have any questions about the information presented here, please contact us.
WARRANTY
- All Traffic Solutions warrants the product and its included components except the batteries to be free of manufacturing defects to the original purchaser for a period of one (1) year.
- ATS warrants the batteries to be free of manufacturing defects to the original purchaser for a period of three (3) months.
- ATS reserves the right to repair or replace warranted part(s) at its sole discretion. Repairs or replacement of parts and labor costs under warranty will incur no charges during the warranty period.
- If parts require factory service under warranty, purchaser will return them to the factory or authorized service location. ATS will pay costs to ship parts for repairs and return parts to the purchaser.
This warranty does NOT cover damages resulting from the following:
- Normal wear and tear, including frayed cords or cables, broken connectors, and scratched or broken enclosures
- Incorrect installation or operation
- Use other than for the product's intended purposes
- Vandalism
- Extraordinary environmental circumstances
ATS reserves the right to charge for these and other damages to the product at rates normally charged for repairing such products not covered under warranty. Any physical changes made to the product by someone other than an ATS authorized service representative renders this warranty VOID. Charging the batteries with a battery charger other than the one supplied renders the batteries' warranty VOID.
TERMS AND CONDITIONS OF SALE
1. APPLICABILITY. Unless otherwise specified in a written bid, quote or contract, the following terms and conditions shall apply.
2. PRICES AND TAXES. Prices will be All Traffic Solutions' ("Seller") prices in effect on the date a purchase order is accepted by Seller, and Seller may change its prices at any time, in its sole discretion. All prices will be F.O.B. Pleasant Gap, PA, and net of any duties, sales, use or similar taxes, fees or assessments, and do not include shipping, packaging or any insurance costs, all of which are Buyer's responsibility.
3. PAYMENT. Unless otherwise provided on the face of the invoice, payment is due net 30 days of invoice in US dollars. Partial payments are not permitted unless authorized in writing. Partial payments will be treated as non-payment. Each invoice is independent from shipping sequence and disputes relating to other invoices. Failure to pay an invoice within 30 days will be considered a default.
4. DELIVERY AND PERFORMANCE. Delivery dates are approximate. Seller disclaims all liability for late or partial delivery. Seller may deliver in such lots and at such times as is convenient for Seller.
5. LOSS IN TRANSIT. Risk of loss will pass to Buyer upon delivery of the goods to the carrier. In case of breakage or loss in transit, Buyer will have notation of same made on expense bill before paying freight. Seller may reject claims for shortages not made within 15 days of Buyer's receipt of goods.
6. TERMINATION, RESTOCKING CHARGES. Buyer may terminate this purchase order for its convenience, in whole or in part, by written, faxed or telegraphic notice at any time. If Buyer terminates this purchase order for convenience, Buyer will be liable to Seller for Seller's reasonable costs incurred in the performance of this purchase order that Seller cannot mitigate. Unless otherwise agreed upon in advance in writing by Seller, Seller may charge Buyer a 50% restocking fee, if: (a) the Buyer returns any non-defective goods covered by this purchase order; or (b) prior to shipment, but after the goods are produced by Seller, Buyer cancels the order for the subject goods.
7. WARRANTY. Seller's warranty is provided separately.
8. LIMITATION OF LIABILITY. SELLER IS NOT LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES, OR ANY LOT PROFITS OR LOST SAVINGS, EVEN IF A SELLER REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS, NOR IS SELLER LIABLE FOR ANY CLAIM BY ANY THIRD PARTY. SELLER'S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS PURCHASE ORDER IS LIMITED TO THE AMOUNT PAID FOR THE GOODS.
9. INDEMIFICATION. Buyer will indemnify, defend and hold Seller harmless from all losses, damages, liabilities and costs, including attorneys' fees, incurred or sustained by Seller as a result of any third party claim made against Seller, including a claim by a customer of Buyer, arising from its negligent, reckless, willful, or intentional actions in marketing and reselling the goods.
10. EXPORT RULES. Buyer will not ship, transfer or export the goods into any country or use the goods in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the goods are identified as export controlled items under the Export Laws, Buyer represents and warrants that Buyer is not a citizen, or otherwise located within, an embargoed nation (including, without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba and North Korea) and that Buyer is not otherwise prohibited under the Export Laws from receiving the goods.
11. MISCELLANEOUS. This purchase order together with any other written agreement between Buyer and Seller, if any (i) is the exclusive statement of the parties with respect to the subject matter and supersedes any prior or contemporaneous communications; (ii) may not be amended except in writing executed by the parties; and (iii) will be interpreted and enforced in accordance with the laws of the State of Pennsylvania, without giving affect to principles of conflicts of law. This purchase order is; (1) solely for the benefit of the parties, and no provision of this purchase order will be deemed to confer upon any other person any remedy, claim, liability, reimbursement, cause of action or other right. Each party consents to the exclusive personal jurisdiction of the state and federal courts located in the State of Pennsylvania for purposes of any suit, action or other proceeding arising out of this Agreement, waives any argument that venue in any such forum is not convenient and agrees that the venue of any litigation initiated by either of them in connection with this Agreement will be either the District Court of Centre County, Pennsylvania, or the United States District Court, District of Pennsylvania. If any provision of this purchase order is unenforceable, the remaining provisions will remain in effect. No waiver (whether by course of dealing or otherwise) is effective unless it is made in writing and signed by the party to be charged with such waiver. Unless otherwise specified in writing, notices must be given in writing by registered or certified mail, return receipt requested addressed to:
All Traffic Solutions
Attn: Sales Dept.
204 East Calder Way, Suite 200
State College, PA 16801