1. Scope. These terms and conditions of sale (these “Terms”) apply to all sales of products (the “Products”) by ASW Machinery, Inc., dba Felder USA (“Felder”) to the buyer of the Products (“Buyer”) indicated on the attached order confirmation (the “Order”). These Terms (along with the specific terms, if any, of the Order) constitute the complete and entire agreement between the parties relating to the Products, and supersede any and all prior and contemporaneous terms, provisions or conditions, whether oral or written, including negotiations, prior quotations and purchase orders between the parties. These Terms may be modified only by a writing signed and approved by an authorized representative of Felder. Felder’s failure to object to any term or condition contained in any communication from Buyer (including in any purchase order) shall not be deemed a waiver or modification of these Terms. These Terms shall not be modified, supplemented, qualified or interpreted by any trade usage or prior course of dealing not expressly made a part hereof.
4. Pricing. Felder reserves the right to increase prices for any unshipped Products if the cost to Felder for supplies, raw materials, labor or services, increase as a result of governmental action or any other cause beyond Felder’s reasonable control. The prices quoted on Order shall be valid only for the period of time there indicated. All prices are exclusive of transportation, insurance, taxes, duties and other charges related thereto. Such charges, when applicable, will appear as separate items on the invoice unless Felder receives a certified tax exemption from Buyer prior to Delivery. Buyer agrees to indemnify, defend and hold Felder harmless from any loss or expense arising out of or related to Felder’s reliance on any tax exemption provided by Buyer.
Deposits are non-refundable. A service fee will be charged on any orders cancelled after 10 business days from the date this offer was written. The service fee is equivalent to 20% of the entire order. All costs associated with service work (installation, commissioning, etc.) will not be refunded once the work has been scheduled. Shipping costs will not be refunded once machinery has left Felder USA warehouse. Any returns / cancellations after machinery has shipped are subject to a 15% restocking fee. Return shipping costsare the sole responsibility of the customer. Shipping costs are subject to change at any time.
A separate offer for shipping and/or commissioning costs can be provided upon request, and this additional offer will need to be authorized by the customer and returned to Felder USA prior to shipping. Paying the remaining balance of your order is only possible by wire transfer or via check.
7.1 Limited Warranty. Felder warrants that each standard machine branded with Felder / Format 4, under normal use and conditions, will comply in all material respects with Felder’s applicable written technical documentation for such Product for a period of twelve (12) months with respect to all electrical parts, thirty-six (36) months with respect to mechanical parts and one (1) month with respect to labor. Felder shall have the right to make substitutions and modifications from time to time in the specifications of the Products.
Felder warrants that each special machine branded with Felder / Format 4, under normal use and conditions, will comply in all material respects with Felder’s applicable written technical documentation for such Product for a period of twelve (12) months with respect to all electrical parts, twelve (12) months with respect to mechanical parts and twelve (12) months with respect to labor.
Felder warrants that each machine branded with Hammer brand product, under normal use and conditions, will comply in all material respects with Felder’s applicable written technical documentation for such Product for a period of twelve (12) months with respect to all electrical parts, twelve (12) months with respect to mechanical parts.
Felder warrants a 6 years (or max. 10,800 operating hours) guarantee for the tilting segment “Easy Glide”
Felder warrants a 10 years (or max. 18,000 operating hours) guarantee on the sliding table control system “X Roll” for sliding tables branded with Felder / Format 4, with the exception of roll cages and scrapers.
Any adjustments are not subject to Felder’s warranty once checked, confirmed and signed off by the customer. Return trip that need to be done because customer is not ready with materials, lighting, power, air and dust extraction will be charged a full return trip. We also need the undivided attention of the person being trained, until the Felder service technician is happy with the level of understanding. If not, the warranty of the machine will be affected. Normal user assembly, alignment, adjustment, tuning and machine settings are not covered by warranty. It is the responsibility of the user to understand basic woodworking machinery settings and procedures and to properly maintain the equipment in accordance with the standards provided in the operating manual. Installation and calibration service can be offered as an option, please discuss with your representative.
7.2 Limitations. Expecting only Felder’s limited warranty set forth in section 7.1, Felder specifically disclaims any and all express, implied or statutory warranties, including the implied warranties of fitness for a particular purpose, of merchantability and against infringement. The express warranty in section 7.1 above shall extend to buyer only and not to any third party. No person is authorized to make any warranty or representation on behalf of Felder concerning the performance of the products other than the limited warranty expressly set forth in section 7.1.
7.3 Liability. With respect to any claims asserting breach of the limited warranty set forth in Section 7.1, Felder’s exclusive liability and Buyer’s sole remedy, is at Felder’s option, to replace or repair the defective Product or to issue credit to Buyer for the purchase price of the Product (without interest), provided that prior to any replacement, repair or credit the following conditions are satisfied: (i) Felder is promptly notified in writing by Buyer upon discovery of any such breach, and (ii) such failures did not arise as a result of misuse, abuse, improper installation or application, repair, alteration, or accident, or negligence in use, storage, transportation or handling by anyone other than Felder. Any replacement Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Felder shall in no event be responsible for any labor or other costs incurred by Buyer incident to the replacement of any defective Product.
7.4 Notwithstanding any other provision of these terms or the order, Felder shall not be liable for indirect, special, incidental, consequential or special damages of any nature including without any limitation loss of profit, promotional or manufacturing expenses, overhead, data, injury to reputation or loss to customers, arising out of or in connection with the purchase, sale, use, performance or failure of the products, whether such liability arises under contract, tort (including negligence), strict product liability or otherwise, even if Felder has been advised of the possibility of such damages or if such damage could have been reasonably foreseen. In no event will Felder’s liability to buyer arising out of or relating to the products or these terms exceed the amount of the purchase price paid to Felder by buyer for the product that gives rise to the claim.
11. Return- / Refund-Policy. You may return new,
unopened items sold by ASW Machinery INC. within 30 days of delivery for a full
refund. Items should be returned in their original product packaging. Items
that have been opened and then returned are subject to inspection and the
refund amount will be asked. Shipping costs will be paid for by customer unless
the order was an error on the end of ASW Machinery INC.. When an (RAN) return
authorization number is issued the customer has 30 days to return the part or
that number is cancelled and the return will not be accepted. No merchandise
shall be returned without an RAN number. Once the return is received a refund
will be issued within 5 business days. The refund may take a few more days to
post on to the account depending on the credit company. If item was paid for
through cash or check refund will be paid by check. All returns are subject to
a 25% restocking fee.