Limited Warranty

Products Only

CoActive Technologies warrants its products against defects in manufacturing if the products are used for the purpose for which they were manufactured and sold. CoActive Technologies will, at its option, repair or replace any of its products with a manufacturing defect. This warranty shall expire one year from the date of shipment. THIS WARRANTY IS IN LIEU OF ALL WARRANTIES, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILIY FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXCLUDED. SPECIFICATIONS AND PRODUCT LITERATURE REFERRING TO, ATTACHED TO OR FURNISHED WITH PRODUCTS ARE DESCRIPTIVE ONLY AND SHALL NOT BE TREATED AS WARRANTIES. The purchaser or subsequent owner or user’s sole and exclusive right or remedy shall be limited to the furnishing of replacements for products found defective by CoActive Technologies. No oral wavier or modification of this warranty shall have any affect whatsoever, regardless of by whom such wavier or modification is given.

This warranty is void if any modification is made on the warranted product, regardless of whether the modification causes or contributes to the alleged defect. All modifications are made at the risk of the party making the modification. Purchaser indemnifies and holds harmless from all claims or causes of action arising from modifications made to products that are not under the control of CoActive Technologies. If purchaser buys and resells the product, purchaser agrees to inform its customers that CoActive Technologies makes no express or implied warranties because of the modification. CoActive Technologies’ warranty is also void if product failure results from acts or omissions of persons other than CoActive Technologies, or from accident, acts of nature, abuse, misuse or misapplication of the product.

Customer Communication

For product information, inquiries & quotes, order or contract amendment handling customer feedback, customer complaints please contact Customer Service.

Terms and Conditions of Sale with Limitations of Remedy and Liability

1. The warranty provided above, or any warranty duly provided by CoActive Technologies, shall constitute the sole remedy of purchaser and any subsequent owner or user of the product; and shall be the sole liability of CoActive Technologies, whether in contract, tort, strict liability, under warranty or otherwise. In no event shall CoActive Technologies’ liability exceed the amount of the purchase price paid to CoActive Technologies by the purchaser for the allegedly defective product. CoActive Technologies shall not be liable under any circumstance for special, indirect or circumstantial damages, including loss of profit or production.

2. Purchaser and any subsequent owner of the product shall have no claim against CoActive Technologies for any labor, downtime or expenses of any kind arising from any CoActive Technologies default whatsoever, including delay shipment.

3. No agreements of sale or contract shall exist between CoActive Technologies and purchaser until accepted by CoActive Technologies. All such agreements shall be deemed to take place in Massachusetts, regardless of the origin or destination of the product.

4. Notwithstanding any term or condition imposed or set forth by purchaser’s documents or purchase order, CoActive Technologies objects and takes exception to any provision therein which conflicts with or is in addition to CoActive Technologies’ Terms and Conditions of Sale with Limitations of Remedy and Liability. CoActive Technologies’s performance of any purchase order is conditional upon the purchaser accepting all CoActive Technologies' said terms, conditions and limitations. Failure of the purchaser to object to these Terms and Conditions of Sale with Limitations of Remedy and Liability within seven (7) days shall constitute full and final acceptance thereof by purchaser.

5. Purchaser agrees to notify all subsequent owners and users taking through purchaser of these Terms and Conditions of Sale with Limitations of Remedy and Liability and, failing to do so, shall indemnify and hold C&K harmless from all claims or causes of action by such persons, which are applicable to, said terms, conditions and limitations.

6. No product shall be returned to CoActive Technologies without its prior permission. No cancellations or reschedules to open orders are permitted within factory lead-time. Orders are to be scheduled for delivery within 12 months from order date.

7. Delivery schedules are subject to prior sale and circumstances in effect at the time the purchase order is accepted by CoActive Technologies. CoActive Technologies shall not be held responsible for delays in delivery due to strikes; work stoppages; fires; floods; accidents; inability to obtain materials, fuels or transportation; government edict; civil unrest or any other cause unavoidable or beyond the control of CoActive Technologies. CoActive Technologies shall not be liable for any damages or costs based upon late delivery including instances where CoActive Technologies has been informed in advance of the consequences.

8. Unless otherwise agreed by CoActive Technologies, all payments shall be in U.S. currency in immediate funds. Payment terms, unless otherwise agreed by CoActive Technologies, shall be as specified on CoActive Technologies’ invoices. All amounts remaining unpaid beyond said terms shall accrue interest at the rate of one and one-half (1-1/2) percent per month or the highest lawful interest rate, whichever is lesser, until paid in full. CoActive Technologies’ prices are exclusive of sales, excise, use, occupation, value-added or any other taxes levied on sales transactions. Purchaser must pay all such applicable taxes unless it provides CoActive Technologies with a valid, current exemption certificate. CoActive Technologies shall have no obligation to contest or withhold such taxes on behalf of the purchaser.

9. Unless otherwise specified, all shipments are F.O.B. shipping point. Loading or special packaging charges shall be for the account of purchaser. Title to and possession of the product, including all risk of loss, shall pass to purchaser upon delivery to the carrier at the point of shipment.

10. CoActive Technologies retains a security interest in all products shipped to secure payment of the purchase price and all other amounts owed by purchaser to CoActive Technologies.Purchaser agrees to cooperate with CoActive Technologies in protecting this security interest.

11. Any and all indemnities for the benefit of CoActive Technologies hereunder shall include attorneys’ fees and costs, including third party and expert witness fees. Furthermore, purchaser shall reimburse CoActive Technologies for its costs and attorneys’ fees in collecting any sums owed by purchaser to CoActive Technologies, or for enforcing these Terms and Conditions of Sale with Limitations of Remedy and Liability.