WS02-CXPC1-EV1.2 Omron, WS02-CXPC1-EV1.2 Datasheet - Page 9

• Manufacturer Part Number: WS02-CXPC1-EV1.2
• Description: CX-PROG V1.2 W/DOC,W/ 1YR.SMP
• Manufacturer: Omron

Specifications of WS02-CXPC1-EV1.2

• Rohs Compliant: NA

Certain Terms and Conditions of Sale
Note: Please contact Omron Canada, Inc. for Canadian Terms and Conditions.
1. ACCEPTANCE
No order issued by Buyer as a result of this quotation or otherwise shall be binding on Seller
unless in writing or by virtue of Seller's performance and thereupon shall become a binding
contract under the terms and conditions set forth herein and/or in Seller's acceptance form.
No changes or revisions stated by Buyer in its purchase order, or otherwise, shall be binding
upon Seller if in conflict with the terms stated or referred to herein and/or in Seller's accep-
tance unless expressly agreed to in writing subsequent to Seller's acceptance.
Acceptance of Buyer's purchase order is subject to review of Buyer's credit status. Seller, at
any time prior to shipment of goods, reserves the right to require security for payment. Buyer
agrees that security may take the form of a security interest in the goods sold and agrees to
execute a Financing Statement should Seller decide such security is warranted.
2. PRICES
Buyer agrees that if Buyer hereafter makes any change in the quantities scheduled for ship-
ment from those shown on the face hereof the price of such units or parts may be changed
to meet the Seller's price applicable to the changed quantities scheduled.
Prices stated herein do not include any tax, excise, duty or levy now or hereafter enacted or
imposed by any governmental authority on the manufacture, sale, delivery and/or use of any
item delivered. All such assessments are for Buyer's account and Seller will add all such
assessments to the price stated if no proper exemption certificate is received relieving Seller
of the responsibility for paying or collecting such assessments.
Unless otherwise agreed in writing by Seller, all prices are FOB Seller's plants.
Title and risk of loss to all articles sold by Seller to Buyer shall pass to Buyer upon delivery
thereof by Seller to a carrier for shipment to Buyer subject to any security interest retained
by Seller.
3. DELAYS
Seller shall not be liable or responsible for damage, loss, delays or defaults in deliveries due
to Acts of God or the public enemy, laws, regulations or orders of the federal, state of local
governments or their agencies, fires, accidents, strikes or labor troubles, riots or insurrec-
tion, unusually severe weather, or material or transportation shortages. Seller shall also not
incur liability or responsibility for delays in obtaining materials or supplies due to such
causes or for other causes beyond Seller's control, nor shall Buyer cancel or have the right
to cancel its purchase order because of delays or defaults in deliveries due to such causes.
4. WARRANTY
Seller warrants to Buyer (defined for the purposes of this section only as the first purchaser
for use) that all products furnished under this order and which are manufactured by Seller
will conform to final specifications, drawings, samples, and other written descriptions
approved in writing by Seller and will be in effect for a period of twelve (12) months after
delivery to Buyer. But if the Seller installs the equipment by contract, said twelve (12)
months shall run from the completion of installation, provided installation is not unreason-
ably delayed by Buyer. A unit placed with the buyer on consignment and then later pur-
chased will be under warranty for twelve (12) months from the time the Seller receives
notification of the Buyers intent to purchase said consigned item. The foregoing in its
entirety is subject to the provision that in no case will the total warranty period extend
beyond eighteen (18) months from date Seller ships equipment from point of manufacture.
The liability of Seller hereunder is limited to replacing or repairing at Seller's factory or on the
job site, at Seller's sole option, any part or parts which have been returned to the Seller and
which are defective or do not conform to such specifications, drawings or other written
descriptions provided that such part or parts are returned by the Buyer within ninety (90)
days after such defect is discovered. Consumables or items with a useful life affected by
factors other than defective equipment such as air filters, fuses, or light bulbs are not cov-
ered by this warranty. Parts replaced or repaired in the warranty period shall carry the unex-
pired portion of the original warranty. Warranty service will be provided during normal
working hours. Additional charges will be assessed to Buyer for service outside normal
hours or for additional costs incurred in order to comply with local labor contracts. All items
returned to Seller for repair or replacement must be sent freight prepaid to its factory and will
be returned to Buyer, freight collect. Buyer must obtain Seller's Returned Goods Authoriza-
tion prior to returning items. The above conditions must be met if warranty is to be valid.
Seller will not be liable for any damage done by unauthorized repair work, unauthorized
replacement parts, from any misapplication of the item, or for damage due to accident,
abuse or Act of God.
In no event shall the Seller be liable for loss, damage or expense directly or indirectly arising
from the use of the units, or from any other cause, except as expressly stated in this war-
ranty. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION
ON THE FACE HEREOF. SELLER DISCLAIMS ANY IMPLIED WARRANTY OF MER-
CHANTABILITY OF THE GOODS OR OF THE FITNESS OF THE GOODS FOR ANY
INTENDED PURPOSE. Seller is not liable for and Buyer waives any right of action it has or
may have against Seller for any consequential or special damages arising out of any breach
of warranty and for any damages Buyer may claim for damage to any property or injury or
death to any person arising out of its purchase or the use, operation or maintenance of the
product. Seller will not be liable for any labor subcontracted or performed by Buyer for prep-
aration of item under warranty for return to Seller's factory or for preparation work for field
repair or replacement. Invoicing of Seller for labor either performed or subcontracted by
Buyer will not be considered as a liability by the Seller.
Seller's obligation under this warranty are conditioned upon timely receipt of all payments in
strict accordance with payment terms, time being of the essence of this regard. During the
lime which Seller has not received any amount overdue, Seller shall have no obligation
under this warranty; the expiration date of the warranty shall not be extended upon payment
of the overdue amount.
PLC option for 3G3MV Inverter
This warranty may be modified only by a writing signed by an officer of the Seller and shall
extend to the Buyer as defined in this section to no one else. Accessories supplied by Seller
but manufactured by others carry any warranty the manufactures of such accessories have
made to Seller and which can be passed on to Buyer.
5. PATENT PROTECTION
Seller agrees to hold Buyer and its customers harmless only against infringement of patents
covering the material or part in the form sold by Seller provided Buyer or its customer
promptly notifies Seller of any claim or litigation and tenders, to the extend of Buyer's ability
to do so, the defense thereof to Seller. Buyer agrees to hold Seller harmless from any liabil-
ity of Seller for infringement of patents by reason of manufacture according to Buyer's spe-
cific design or by reason of the incorporation of said part in a more comprehensive assembly
than sold by Seller provided Seller promptly notifies Buyer of any claim or litigation and ten-
ders; to the extent of Seller's ability to do so, the defense thereof to Buyer and/or the gov-
ernment where government contracts are involved.
6. CANCELLATION OR CHANGES
Buyer shall have the right by written order to make changes in specifications or delivery
schedules once agreed upon. If such changes alter the amount due under the purchase
order of the time required for performance, an equitable adjustment of the price and/or time
for performance shall be made. Changes, engineering or otherwise, affecting the function or
performance of the articles ordered shall not be made without consent of Seller in writing.
Cancellations for the convenience of the Federal Government may be affected and cancel-
lation charges paid as required by applicable Federal statutes or regulations. If either Buyer
or Seller should be declared a bankrupt or insolvent or if a receiver should be appointed for
all or a substantial portion of the assets of either party by court of competent jurisdiction, or
if there should be filed in any such court and not dismissed within thirty (30) days any appli-
cation or petition for adjudication of such insolvency or bankruptcy, or for the appointment of
such a receiver, or involving the resetting or extension, however termed, of the obligations of
Buyer or Seller, or if either Buyer or Seller should made an assignment of all or a substantial
portion of its property for the benefit of its creditors, then upon the happening of any such
events, the other party may cancel any order placed by Buyer with Seller immediately by
notice in writing sent to the opposite party by registered mail at its last known business
address, or by personal service upon such party.
7. APPLICABLE LAW
Any provision which Buyer is required to insert in this order by virtue of any valid federal or
state law, or any valid rule or regulation issued thereunder, if specifically submitted in writing
by Buyer to Seller before its acceptance of the order and if approved by Seller in writing,
shall be deemed embodied herein by reference when this order is accepted.
Notwithstanding the above, this quotation or acceptance and any resulting agreement shall
be governed by and interpreted in accordance with the laws of the State of Texas.
8. DRAWINGS
Seller's prints or drawings attached hereto or heretofore or hereafter furnished by Seller to
Buyer in connection with the obtaining or performance of Buyer's purchase order are the
property of the Seller and represent a proprietary article in which Omron IDM Controls, Inc.
retain any and all patent and other rights, including exclusive rights of use and/or sale. Pos-
session of such prints or drawings does not convey any permission to manufacture the arti-
cle or articles shown therein, such permission to be granted only by specific authorization in
writing signed by an officer or other authorized agent of Omron IDM Controls, Inc.
Seller grants no license, express or implied, by virtue of drawings or materials provided by
Seller, other than the right of Buyer to use the specific materials provided in the form deliv-
ered by Seller.
In the event drawing approval is required to commence fabrication, price and delivery
schedule is subject to readjustment if approval is not received by Seller within thirty (30)
days after Seller's submittal.
9. SPECIFICATIONS
a. If Seller's model number appears on the face hereof; notwithstanding any correspon-
dence from Buyer referencing contrary information, then only Seller's specifications and/or
drawings for such model shall be applicable to the articles furnished under such order.
b. If only Buyer's part number appears on the face hereof; notwithstanding any correspon-
dence from Buyer confirming that number, then only such specifications as have been
agreed upon in writing by Buyer and Seller prior to the date hereof shall be applicable to the
articles furnished under such order.
10. ERRORS
Stenographic or clerical errors in this quotation are subject to correction.
11. PAYMENT
Payment terms are net cash thirty (30) days after shipment. Absent contrary agreement,
partial shipments will be payable as they occur. When the equipment is ready for delivery, if
Buyer fails to provide shipping instructions or otherwise withholds direction for the delivery
of the equipment, the equipment will be placed in storage, shipment will be considered
accomplished and the 30-day payment period will begin. Payment in full will then be
required before actual shipment to Buyer can be made. At the end of the 30-day period, an
extra charge of 3 percent per month will begin covering the cost of storage, insurance and
the use of capital.
3G3MV-P10CDT(3)-E
9