Terms and Conditions - Cerus Industrial

GOVERNING PROVISIONS AND ACCEPTANCE:
Acceptance of an order by Cerus shall be expressly conditioned on Purchaser’s assent to these conditions. These terms are a complete statement of the parties’ agreement and may only be modified in writing signed by both parties. Failure to object to provisions contained in any Purchase Order or other communication from the Purchaser (including, without limitation, penalty clauses of any kind) shall not be construed as a waiver of these Conditions nor an acceptance of any other provisions. These terms may not be modified by course of dealing, course of performance or usage of trade. These terms supersede all previous written or oral quotations, statements or agreements. Any contract for sale by and between the parties shall be governed by and construed according to the laws of the State of Oregon without regard to its rules on the conflict of laws. The Convention on the International Sale of Goods is expressly excluded. All orders are subject to acceptance by Cerus.

PRICE POLICY:
All prices are subject to change without notice. All clerical errors are subject to correction. Written quotations shall be valid for no more than thirty (30) days from their date. Quotations are subject to change by Cerus with notice to Purchaser.

TERMS OF PAYMENT:
Acceptance of all Purchase Orders is subject to Purchaser meeting Cerus credit standards. Terms are subject to change for failure to meet such standards. Terms are net thirty (30) days from date of invoice of each shipment, unless otherwise stated in Cerus’ quotation. Past due accounts are subject to 1.5% per month interest charge, plus any attorneys fees and other costs associated with collections.

DELIVERY:
Product is sold F.O.B. Portland Oregon. Delivery by Cerus to the point of shipment constitutes delivery to the Purchaser; and title and all risk of loss or damage in transit shall pass to the Purchaser at time of delivery at the F.O.B. point. Cerus is not responsible for breakage after having received “in good order” receipts from the carrier. Purchaser is responsible for pursuing any damage claims with the carrier.

FORCE MAJEURE:
Cerus shall not be liable for any damages as a result of any delays due to any causes beyond Cerus’ control, including, without limitation, an act of God; act of Purchaser or Cerus supplier; embargo or other governmental act; regulation or request; fire; accident; strike; slowdown; flood; fuel or energy shortage; sabotage; war; riot; delay in transportation and inability to obtain necessary labor, materials or manufacturing facilities from usual sources. In the event of any such delay, the date of delivery shall be extended for a period of time reasonably necessary to overcome the effect of such delay.

PURCHASER’S ACKNOWLEDGEMENT OF COMPLIANCE AND SAFE PRACTICES:
Purchaser agrees to follow all applicable local and national codes that regulate the installation and operation of equipment. It is Purchasers responsibility to determine which codes should be followed, and to verify that the equipment, installation and operation are in compliance with the latest revision of these codes. Compliance with OSHA and other federal, state or local laws during the operation or use of the product(s) is the sole responsibility of the Purchaser. All applicable sections of the National Fire Code, National Electrical Code, and the codes of the National Electrical Manufacturers Association (NEMA) should be adhered to with respect to equipment. There may be additional local regulatory or government offices that determine applicable codes and standards necessary for safe installation and operation.

Purchaser agrees to use appropriate documentation for installation, operation, and troubleshooting for equipment. This documentation typically accompanies the product and purchaser should not rely on diagrams and other information found in marketing brochures and website.

PRODUCTS NOT FOR USE IN HAZARDOUS LOCATIONS:
Cerus products are not fault tolerant and are not designed, manufactured, or intended for use or resale in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communications systems, air traffic control, life support, or weapons systems, in which the failure of the product could lead directly to death, personal injury, or severe physical, environmental, or property damage.

PRODUCT NOTICES:
Purchaser shall promptly supply the user (including its employees) of the product with all Cerus supplied product notices, warnings, instructions, recommendations and similar materials

CANCELLATION:
Cerus shall have the right to cancel any order or contract at any time by written notice for any material breach of the contract.

WARRANTY:
Consult applicable Cerus Warranty.

...top of page

WARRANTY
10/19/2005

Cerus warrants equipment manufactured by it and sold through authorized sales channels to be free from defects in materials and workmanship from date of invoice by Cerus or its authorized sales channel as follows:

5 Year Warranty:
Magnetic Contactors, Electronic Overloads, and Molded Case Circuit Breakers. Variable frequency drives, Cerus Brand, installed only in variable torque applications, properly sized and installed per Cerus instruction and industry standards per given application.
18 Month Warranty:
All other products.
Exclusions and Requirements:
Electronic power equipment, including but not limited to Variable Speed Drives, soft starts and all accessories, require input power line protection against line surge, sag and lightning. Proof of installation of these protective devices is required for warranty service. Drive and soft starter warranty excludes normally serviced items, such as variable speed drive cooling fans and capacitors. all power switching products- contactors, breakers, disconnects, and similar products- are warranted within their respective life cycle and power ratings. Usage beyond the specifications for these products is excluded from warranty.

This warranty is non-transferable and is applicable only to the original purchaser. If within such period any applicable equipment shall be proved to Cerus’ satisfaction to be non-conforming, such equipment shall be repaired or replaced at Cerus option. This is the exclusive remedy for any breach of warranty. This warranty shall not apply (a) to equipment not manufactured by Cerus, (b) to equipment that has been repaired or altered by other than Cerus so as, in its judgment, to affect the same adversely, or (c) to equipment that has been subjected to negligence, accident, or damage by circumstances beyond Cerus’ control, or improper installation, operation, maintenance or storage, or to other than normal use or service within rated electrical and mechanical endurance specifications for equipment. Non-conforming products must be returned at Cerus’ expense for evaluation unless this is waived in writing. Replacement products may be new or reconditioned. The foregoing warranties do not cover reimbursement for labor, transportation, removal, installation, temporary power, or any other expenses that may be incurred in connection with repair or replacement.

These disclaimers and limitations of remedies apply to all warranties offered to Purchaser and to all Purchase Orders. THE WARRANTIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESSED OR IMPLIED WARRANTIES (EXCEPT WARRANTIES OF TITLE), INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Except as may be expressly provided in an authorized writing by Cerus , Cerus shall not be subject to any other obligations or liabilities whatsoever, other than as stated above with respect to equipment sold or services rendered by Cerus . Notwithstanding anything to the contrary herein contained CERUS, ITS CONTRACTORS AND SUPPLIERS OF ANY TIER, SHALL NOT BE LIABLE IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE FOR LOST TIME, LOST PROFITS, OR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.

THE REMEDIES OF THE PURCHASER ARE EXCLUSIVE AND THE TOTAL CUMULATIVE LIABILITY OF CERUS, ITS CONTRACTORS AND SUPPLIERS OF ANY TIER, WITH RESPECT TO THIS CONTRACT OR ANYTHING DONE IN CONNECTION THEREWITH, SUCH AS THE USE OF ANY PRODUCT COVERED BY OR FURNISHED UNDER THE CONTRACT, WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, SHALL NOT EXCEED THE PRICE OF THE PRODUCT, PART, OR SERVICE ON WHICH SUCH LIABILITY IS BASED.

...top of page

RETURN OF EQUIPMENT

Cerus is easy to do business with; we always try to ensure that you are
satisfied with your purchase and experience with us. First, before assuming
a product problem, please call us for technical support. It saves everyone
time and money by getting the problem solved on-site. Please contact Cerus
Customer Service for a Return Material Authorization (RMA) number to
accompany the product for prompt crediting of your account.

Warranty Returns:
Contact Cerus for a Return Material Authorization (RMA) regarding equipment
under warranty.

Non-warranty Returns:
Products returned for restock may be subject to a 30% charge (this charge
may be adjusted at Cerus' sole discretion). Non-standard products (including
those having electrical modifications or private labeling) may not be
returned, except for warranty service. Acceptance of products for restock is
at Cerus' sole discretion.

ALL PRODUCT RETURNS MUST BE ACCOMPANIED WITH AN RMA FOR REPAIR, REPLACEMENT, OR CREDIT.

...top of page

PRIVACY

Cerus Industrial knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This notice describes our privacy policy. By visiting Cerus Industrial, you are accepting the practices described in this Privacy Notice.

WHAT PERSONAL INFORMATION ABOUT CUSTOMERS DOES CERUS INDUSTRIAL GATHER?

The information we learn from customers helps us personalize and continually improve your shopping experience at Cerus Industrial. Here are the types of information we gather.

Information You Give Us:
We receive and store any information you enter on our Web site or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, customizing future shopping for you, and communicating with you.

Automatic Information:
We receive and store certain types of information whenever you interact with us. For example, like many Web sites, we use "cookies," and we obtain certain types of information when your Web browser accesses Cerus Industrial. A number of companies offer utilities designed to help you visit Web sites anonymously. Although we will not be able to provide you with a personalized experience at Cerus Industrial if we cannot recognize you, we want you to be aware that these tools exist.

E-mail Communications:
To help us make e-mails more useful and interesting, we often receive a confirmation when you open e-mail from Cerus Industrial if your computer supports such capabilities. If you do not want to receive e-mail or other mail from us, please adjust Your Profile Preferences.

Information from Other Sources:
We might receive information about you from other sources and add it to our account information.

What About Cookies?
Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognize your browser and to provide features such as Order Pad and storage of items in your Shopping Cart between visits.

The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. However, cookies allow you to take full advantage of some of Cerus Industrial's coolest features, and we recommend that you leave them turned on.

DOES CERUS INDUSTRIAL SHARE THE INFORMATION IT RECEIVES?

Information about our customers is an important part of our business, and we are not in the business of selling it to others. We share customer information only as described below and with subsidiaries Cerus Industrial, Inc. controls that either are subject to this Privacy Notice or follow practices at least as protective as those described in this Privacy Notice.

Agents:
We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.

Promotional Offers:
Sometimes we send offers to selected groups of Cerus Industrial customers on behalf of other businesses. When we do this, we do not give that business your name and address. If you do not want to receive such offers, please adjust Your Profile Preferences.

Business Transfers:
As we continue to develop our business, we might sell or buy subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the customer consents otherwise). Also, in the unlikely event that Cerus Industrial, Inc., or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.

Protection of Cerus Industrial and Others:
We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Conditions of Use and other agreements; or protect the rights, property, or safety of Cerus Industrial, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Notice.

With Your Consent:
Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.

HOW SECURE IS INFORMATION ABOUT ME?

We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input.

We reveal only the last five digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing.

It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.

Which Information Can I Access?
Cerus Industrial gives you access to a broad range of information about your account and your interactions with Cerus Industrial for the limited purpose of viewing and, in certain cases, updating that information

WHAT CHOICES DO I HAVE?

As discussed above, you can always choose not to provide information, even though it might be needed to make a purchase or to take advantage of such Cerus Industrial features as Order Pad.

You can add or update certain information on pages such as those listed in the "Which Information Can I Access?" section above. When you update information, we usually keep a copy of the prior version for our records.

If you do not want to receive e-mail or other mail from us, please adjust Your Profile settings. (If you do not want to receive Conditions of Use and other legal notices from us, such as this Privacy Notice, those notices will still govern your use of Cerus Industrial, and it is your responsibility to review them for changes.)

The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. However, you will not be able to use such important features as Order Pad if you do not use cookies.

In addition, the Federal Trade Commission provides useful information about online privacy on its own Web site, Site Seeing on the Internet.

CONDITIONS OF USE, NOTICES, AND REVISIONS

If you choose to visit Cerus Industrial, your visit and any dispute over privacy is subject to this Notice and our Conditions of Use, including limitations on damages, arbitration of disputes, and application of the law of the state of Oregon. If you have any concern about privacy at Cerus Industrial, please send us a thorough description to info@cerusindustrial.com and we will try to resolve it.

Our business changes constantly, and our Privacy Notice and the Conditions of Use will change also. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our Web site frequently to see recent changes. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.

INFORMATION YOU GIVE US

You provide most such information when you search, buy, participate in a contest or questionnaires, or communicate with customer service. For example, you provide information when you search for a product; place an order through Cerus Industrial; provide information in Your Profile (and you might have more than one if you have used more than one e-mail address when shopping with us); communicate with us by phone, e-mail, or otherwise; complete a questionnaire or a contest entry form; provide employer information when opening a corporate account; participate in Discussion Boards or Cerus Industrial Chat; provide and rate Reviews; share information with Cerus Industrial Friends; and employ other Personal Notification Services, such as Cerus Industrial Alerts. As a result of those actions, you might supply us with such information as your name, address, and phone numbers; credit card information; people to whom purchases have been shipped, including addresses and phone number; e-mail addresses; content of reviews and e-mails to us; and financial information.

Automatic Information
Examples of the information we collect and analyze include the Internet protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information such as browser type and version, operating system, and platform; purchase history, which we sometimes aggregate with similar information from other customers to create features such as Purchase Circles, Top Sellers, and Just Like You; the full Uniform Resource Locator (URL) clickstream to, through, and from our Web site, including date and time; cookie number; products you viewed or searched for; zShops you visited; your Auction history; and the phone number you used to call our 800 number. During some visits we may use software tools such as JavaScript to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.

Information from Other Sources
Examples of information we receive from other sources include updated delivery and address information from our carriers or other third parties, which we use to correct our records and deliver your next purchase or communication more easily; account information, purchase or redemption information; search term and search result information from some searches conducted through the Web search features; search results and links, including paid listings (such as Sponsored Links from Google); and credit history information from credit bureaus, which we use to help prevent and detect fraud and to offer certain credit or financial services to some customers.

Information You Can Access
Examples of information you can access easily at Cerus Industrial include up-to-date information regarding recent orders; personally identifiable information (including name, e-mail, password, communications preferences, address book); payment settings (including credit card information and check balances); e-mail notification settings (including Alerts, Available to Order notifications, Delivers, and Newsletters); recommendations (including recent product view history, prior order history, and Favorites); and Your Profile area (including your product Reviews, Requests, and Recommendations, and Personal Profile).

...top of page

LEGAL NOTICES

Except as noted otherwise, the content of this website, including the text, images and other graphics and their arrangement, are copyrighted by Cerus Industrial or its affiliated, associated or related companies. All copyrights and other associated intellectual property rights related thereto are expressly reserved by Cerus Industrial.

DISCLAIMER OF WARRANTIES:
The information included on this website is provided without charge as a user convenience and is to be used for informational purposes only. THIS INFORMATION IS PROVIDED ON AN "AS IS" BASIS ONLY; while we have attempted to provide accurate and timely information, we do apologize for any inadvertent technical or factual inaccuracies and typographical errors, and reserve the right to make changes and corrections at any time, without notice. CERUS INDUSTRIAL DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, AND GRAPHICS OR LINKS AVAILABLE ON OR THROUGH THIS SITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS THEREIN.

CERUS INDUSTRIAL HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE CONTENT OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. CERUS INDUSTRIAL SHALL NOT, IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS, WITHOUT RESTRICTION TO THE SPECIFIC FORM OF ACTION.

USE OF WEBSITE INFORMATION:
Cerus Industrial provides authorization for users to copy and display the content of this website for personal, non-commercial use only provided any such copy includes the above noted copyright notice. Users are specifically prohibited from copying or displaying information or content from this website for redistribution to third parties for commercial purposes without the prior written permission of Cerus Industrial.

TRADEMARKS:
Cerus Industrial, the “C” logo, and the names of affiliated, associated or related companies, as well as their products referenced in this website are trademarks or registered trademarks of Cerus Industrial and/or such related companies. Other products and company names referenced on this website may be the trademarks of their respective owners. No permission is granted for using the company/product names, trademarks or trade names included on this website for any reason other than for non-commercial, informational purposes.

HYPERLINK'S:
A restricted number of hyperlink's are provided on this website for linking the user to other Internet sites/resources; such links to other sites are provided solely for the convenience of the user. Cerus Industrial has no control over the content, development and maintenance of such sites; the inclusion of such links does not imply endorsement, authorization, sponsorship or affiliation by Cerus Industrial with respect to such sites, their owners or providers. Cerus Industrial has neither tested nor verified the content, accuracy, opinions expressed or other links provided by such sites and disclaims any warranty or liability for damages associated therewith.

...top of page

Copyright and Disclaimer Notice for Calculators and Engineering Tools

COPYRIGHT

Cerus Industrial hereby authorizes you to copy documents published by Cerus Industrial on the public Internet for personal use only. In consideration of this authorization, you agree that any copy of these documents which you make shall retain all copyright and other proprietary notices contained herein. CERUS INDUSTRIAL does not authorize users to copy any documents or programs used within these documents for the purposes of serving or distributing these documents to third parties via a computer network, intranet or the Internet.

Each individual document published by CERUS INDUSTRIAL on the World Wide Web may contain other proprietary notices and copyright information relating to that individual document

DISCLAIMER

All tools, programs and information are provided for your personal use. You must verify that the values calculated are accurate and suitable for your application.

These publications and programs are provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Any application or information may include technical inaccuracies or typographical errors. Changes may be periodically made to these publications; these changes will be incorporated in new editions of these publications. The Author may make improvements and/or changes in the products and/or the programs described and used in these publications at any time without notice.

Should any viewer of a CERUS INDUSTRIAL published document respond with information including feedback data, such as questions, comments, suggestions, or the like regarding the content of any such CERUS INDUSTRIAL document, such information shall be deemed to be non-confidential and CERUS INDUSTRIAL shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Further, CERUS INDUSTRIAL shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing and marketing products incorporating such information.

Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of CERUS INDUSTRIAL or any third party. Except as expressly provided above nothing contained herein shall be construed as conferring any license or right under any CERUS INDUSTRIAL copyright.

...top of page