
Amper Manual Version 2.01 Page 2 of 45
Automation Solutions LLC Terms and Conditions of Sale
Customer and Automation Solutions LLC ("AS LLC") agree that the purchase and sales of AS LLC hardware and software products ("the Products")
are made under these terms and conditions, and that AS LLC SHALL NOT BE BOUND BY CUSTOMER'S ADDITIONAL OR DIFFERENT TERMS.
Customer's order and purchase of the Products shall constitute acceptance of these terms and conditions.
1. TITLE. Title to the Products shall pass at AS LLC's plant; however, if Customer is the United States or any political subdivision of the
United States, title shall pass at Customer's plant. AS LLC retains a security interest and right of possession in the Products until
Customer makes full payment.
2. TAXES. Product prices are exclusive of, and Customer shall pay, applicable sales, use, service, value added or like taxes, unless
Customer has provided AS LLC with an appropriate exemption certificate for the delivery destination acceptable to the applicable taxing
authorities.
3. PRICES AND PAYMENT. All quotations shall expire sixty (60) days from date of issuance, unless otherwise set forth on the quotation or
agreed in writing. Customer shall make payment in full prior to or upon delivery by cashier's check, credit card, or money order, unless AS
LLC approves Customer for credit terms. If AS LLC approves Customer's credit application, payment shall be due no later than 30 days
from the date of AS LLC's invoice. All sums not paid when due shall accrue interest daily at the lesser of a monthly rate of 1.5% or the
highest rate permissible by law on the unpaid balance until paid in full. Payments for orders shall be made in U.S. Dollars. In the event of
any order for several units, each unit(s) will be invoiced when shipped. Exceptions may be made for government purchase orders.
4. ORDERS. All orders are subject to acceptance by AS LLC. AS LLC's booking of an order shall constitute its acceptance of an order.
5. DELIVERY. AS LLC shall deliver the Products to a carrier at AS LLC's plant and, if the Products are sold to a Customer outside the United
States, shall clear the Products for export destined outside the United States. Customer shall pay all freight charges, applicable import
duties, and other necessary fees and shall bear the risks of carrying out customs formalities and clearance. Orders are entered as close
as possible to the Customer's requested shipment date, if any. Shipment dates are scheduled after acceptance of orders and receipt of
necessary documents. Claims for shipment shortage shall be deemed waived unless presented to AS LLC in writing within twenty one
(21) days of shipment.
6. LIMITED WARRANTY. AS LLC hardware Products are warranted against defects in materials and workmanship for one year from the
date AS LLC ships the Products to Customer. All software Products are licensed to Customer under the terms of the appropriate AS LLC
license. For a period of ninety (90) days from the Delivery Date, AS LLC software Products (when properly installed) (a) will perform
substantially in accordance with the accompanying written materials, and (b) the medium on which the software product is recorded will be
free from defects in materials and workmanship under normal use and service. Any replacement of a licensed software product will be
warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Customer must obtain a Return
Material Authorization number from AS LLC before returning any Products under warranty to AS LLC. Customer shall pay expenses for
shipment of repaired or replacement Products to and from AS LLC. After examining and testing a returned product, if AS LLC concludes
that a returned product is not defective, Customer will be notified, the product returned at Customer's expense, and a charge made for
examination and testing. This Limited Warranty is void if failure of the Products has resulted from accident, abuse, misapplication,
improper calibration by Customer, Customer supplied third party software not intended for use with the applicable AS LLC software,
utilization of an improper hardware or software key or unauthorized maintenance or repair.
7. CUSTOMER REMEDIES. AS LLC's sole obligation (and Customer's sole remedy) with respect to the foregoing Limited Warranty shall be
to, at its option, return the fees paid or repair/replace any defective Products, provided that AS LLC receives written notice of such defects
during the applicable warranty period. Customer may not bring an action to enforce its remedies under the foregoing Limited Warranty
more than one (1) year after the accrual of such cause of action.
8. RETURN/CANCELLATION/CHANGE POLICY. Customer may return unwanted Products within thirty (30) days of the Delivery Date.
Customer shall pay a fifteen percent (15%) restocking charge on any unwanted Products returned to AS LLC. No returns will be accepted
after the thirty (30) day period has expired. Where special equipment or services are involved, Customer shall be responsible for all
related work in progress; however, AS LLC shall take responsible steps to mitigate damages immediately upon receipt of a written
cancellation notice from Customer. A Return-Material Authorization number must be obtained from AS LLC for return of any Products. AS
LLC may terminate any order if any representations made by Customer to AS LLC are false or misleading. Changes to orders shall not be
binding upon nor be put into effect by AS LLC unless confirmed in writing by AS LLC's appropriate representative.
9. NO OTHER WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH ABOVE, THE PRODUCTS ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, AND NO OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED ARE MADE WITH RESPECT TO
THE PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY OTHER WARRANTIES THAT MAY ARISE FROM USAGE OF
TRADE OR COURSE OF DEALING. AS LLC DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE PRODUCTS IN TERMS OF CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE AND DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCTS WILL BE
UNINTERRUPTED OR ERROR FREE. AS LLC EXPRESSLY DISCLAIMS ANY WARRANTIES NOT STATED HEREIN.
10. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. The entire liability of AS LLC and its licensors, distributors, and suppliers (including
its and their directors, officers, employees, and agents) is set forth above. To the maximum extent permitted by applicable law, in no event
shall AS LLC and its licensors, distributors, and suppliers (including its and their directors, officers, employees, and agents) be liable for
any damages, including, but not limited to, any special, direct, indirect, incidental, exemplary, or consequential damages, expenses, lost
profits, lost savings, business interruption, lost business information, or any other damages arising out of the use or inability to use the
Products, even if AS LLC or its licensors, distributors, and suppliers have been advised of the possibility of such damages. Customer
acknowledges that the applicable purchase price or license fee for the Products reflects this allocation of risk. Because some
states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not
apply. If the foregoing limitation of liability is not enforceable because an AS LLC product sold or licensed to Customer is determined by a
court of competent jurisdiction in a final, non-appeasable judgment to be defective and to have directly caused bodily injury, death, or
property damage, in no event shall AS LLC's liability for property damage exceed the greater of $500 or fees paid for the specific product
that caused such damage.
11. WARNING: (1) AS LLC PRODUCTS ARE NOT DESIGNED WITH COMPONENTS AND TESTING FOR A LEVEL OF RELIABILITY