General terms and conditions
1.1 LIMITED WARRANTY
BTL cvba warrants that its products will conform to the specifications. This limited warranty lasts for one (1) year from the date of the sale. BTL cvba shall not be liable for any defects that are caused by neglect, misuse or mistreatment by the customer, including improper installation or testing, or for any products that have been altered or modified in any way by a customer. Moreover, BTL cvba shall not be liable for any defects that result from customer's design, specifications or instructions for such products. Testing and other quality control techniques are used to the extent BTL cvba deems necessary.
1.2 EXCLUSIVE REMEDY
If any BTL cvba products fail to conform to the warranty set forth above, BTL cvba ' sole liability and customer or user's exclusive remedy shall be to have such products replaced. BTL cvba ' liability shall be limited to products that are determined by BTL cvba not to conform to such warranty. If BTL cvba elects to replace such products, BTL cvba shall have a reasonable time to deliver replacements. replaced products shall be warranted for a new limited warranty period. To get replacements contact BTL cvba directly.
1.3 DISCLAIMER OF WARRANTIES
Except for the above limited warranty, BTL cvba and/or its respective manufacturers and distributors to the maximum extent permitted by law make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on its web site for any purpose. Except for the above limited warranty, all such information, software, products, services and related graphics are provided "as is" "with all faults," and without warranty of any kind, whether express, contractual, or statutory. Except for the above limited warranty, BTL cvba and/or its respective manufacturers and distributors hereby disclaim to the maximum extent permitted by law all warranties and conditions with regard to proposal, specification, sample, information, software, products, services and related graphics, including, but not limited, all implied warranties and conditions of merchantability, fitness for a particular purpose, title, lack of virus, accuracy or completeness of response, quiet enjoyment, quiet possession, correspondence to description and liability for infringement of any proprietary rights, relating to use of information in any documents and files and software and no license, express or implied, by BTL cvba , Industruino or otherwise, to any intellectual property rights is granted herein. BTL cvba assumes no responsibility or liability for any errors or inaccuracies that may appear in any documentation or files or any software that may be provided. the information in any documents or files is furnished for informational use only, is subject to change without notice, and should not be construed as a commitment by BTL cvba , Industruino and manufacturers and distributors. The entire risk arising out of use or performance of the product and any support services remains with you. The above limitations may not apply to you. However any warranty, whether express, contractual, or statutory, imposed by applicable law shall be limited to one (1) year from the date of sale.
1.4 LIMITED SUPPORT SERVICES
Customer agrees that prior to using any systems that include BTL cvba products, customer will test such systems and the functionality of the products as used in such systems. BTL cvba may provide limited technical, applications or design advice, quality characterization, reliability data or other services. customer acknowledges and agrees that providing these limited services shall not expand or otherwise alter BTL cvba' limited warranties, as set forth above, and no additional obligations or liabilities shall arise from BTL cvba providing such services.
1.5 CONDITIONS OF USE
- (1) Industruino programmable controller ("the PRODUCT") shall be used in conditions;
i) where any problem, fault or failure occurring in the PRODUCT, if any, shall not lead to any major or serious accident; and
ii) where the backup and fail-safe function are systematically or automatically provided outside of the PRODUCT for the case of any problem, fault or failure occurring in the PRODUCT.
- (2) The PRODUCT has been designed and manufactured for the purpose of being used in general industries.
BTL CVBA OR ITS DISTRIBUTORS SHALL HAVE NO RESPONSIBILITY OR LIABILITY (INCLUDING, BUT NOT LIMITED TO ANY AND ALL RESPONSIBILITY OR LIABILITY BASED ON CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY) FOR ANY INJURY OR DEATH TO PERSONS OR LOSS OR DAMAGE TO PROPERTY CAUSED BY the PRODUCT THAT ARE OPERATED OR USED IN APPLICATION NOT INTENDED OR EXCLUDED BY INSTRUCTIONS, PRECAUTIONS, OR WARNING CONTAINED IN BTL CVBA'S USER, INSTRUCTION AND/OR SAFETY MANUALS, TECHNICAL BULLETINS AND GUIDELINES FOR the PRODUCT.
- ("Prohibited Application")
Prohibited Applications include, but not limited to, the use of the PRODUCT in;
- Nuclear Power Plants and any other power plants operated by Power companies, and/or any other cases in which the public could be affected if any problem or fault occurs in the PRODUCT.
- Railway companies or Public service purposes, and/or any other cases in which establishment of a special quality assurance system is required by the Purchaser or End User.
- Aircraft or Aerospace, Medical applications, Train equipment, transport equipment such as Elevator and Escalator, Incineration and Fuel devices, Vehicles, Manned transportation, Equipment for Recreation and Amusement, and Safety devices, handling of Nuclear or Hazardous Materials or Chemicals, Mining and Drilling, and/or other applications where there is a significant risk of injury to the public or property.
Notwithstanding the above, restrictions BTL cvba may in its sole discretion, authorize use of the PRODUCT in one or more of the Prohibited Applications, provided that the usage of the PRODUCT is limited only for the specific applications agreed to by Industruino and provided further that no special quality assurance or fail-safe, redundant or other safety features which exceed the general specifications of the PRODUCTs are required. For details, please contact a BTL cvba representative.
1.6 COMPLIANCE WITH LAWS
Customer acknowledges and agrees that it is solely responsible for compliance with all legal, regulatory and safety-related requirements concerning its products and any use of BTL cvba products in customer's applications, notwithstanding any applications-related information or limited support that may be provided by BTL cvba.
The customer acknowledges and agrees to defend, indemnify and hold harmless BTL cvba and its manufacturers and distributors from and against any and all third-party losses, damages, liabilities and expenses it incurs to the extent directly caused by: (i) An actual breach by a customer of the representation and warranties made under this terms and conditions or (ii) the gross negligence or willful misconduct of the customer.
3. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER DAMAGES
To the maximum extent permitted by applicable law, in no event shall BTL cvba or its manufacturers and distributors be liable to the customer or any third parties for any special, collateral, indirect, punitive, incidental, consequential or exemplary damages whatsoever (including, but not limited to, damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care), negligence, and any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the products or the support services, or the provision of or failure to provide support services, or otherwise under or in connection with any provision of the agreement, regardless of whether BTL cvba has been advised of the possibility of such damages. This section will survive the termination of the warranty period.
4. LIMITATION OF LIABILITY AND REMEDIES
Not withstanding any damages and expenses, including attorney's fees, that the user might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability for any claim of BTL cvba and any of its manufacturers and distributors, directors, officers and employees, whether in contract, tort, or any other theory of liability, arising out of or in any way related to the delivery of the product, use of or inability to use the products or the limited support services, or the provision of or failure to provide limited support services, or otherwise under or in connection with any provision of the agreement, shall be limited to the exclusive remedy for all of the foregoing consisting of replacement of the product or the greater of the amount actually paid by the user for the products or €5.00. The foregoing limitations, exclusions, and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
5. CHANGES TO SPECIFICATIONS
BTL cvba may make changes to specifications and product descriptions at any time, without notice. The customer must not rely on the absence or characteristics of any features or instructions marked "reserved" or "undefined". BTL cvba reserves these for future definition and shall have no responsibility whatsoever for conflicts or incompatibilities arising from future changes to them. The product information on the web site or materials is subject to change without notice. Do not finalize a design with this information.