User's Manual

Warranty & Return Policy
1. Contract
All offers, quotes and sales by BTX Window
Automation, Inc. (BTX) are subject to these
Terms and Conditions of Sale. No other
agreements have been made or will be valid
unless expressly conrmed in writing by BTX.
2. ACCEPTANCE
BY TAKING DELIVERY OF BTX PRODUCTS,
PURCHASER ASSENTS TO THE TERMS AND
CONDITIONS STATED HEREIN, UNLESS
OTHERWISE EXPRESSLY AGREED IN
WRITING BY BTX. BTX HEREBY OBJECTS
TO ANY DIFFERENT OR ADDITIONAL
TERMS AND CONDITIONS WHICH MAY BE
PROPOSED OR HAVE BEEN PROPOSED BY
PURCHASER IN ANY PURCHASE ORDER
FORMS OR OTHER DOCUMENTS. THE
TERMS AND CONDITIONS STATED HEREIN
SHALL PREVAIL OVER ANY DIFFERENT
OR ADDITIONAL TERMS AND CONDITIONS
PROPOSED BY PURCHASER AND SHALL
APPLY TO THE SALE OR SHIPMENT OF ANY
GOODS IN RESPONSE TO PURCHASER'S
ORDER.
3. Prices and Delivery
All quoted prices are valid for a period of 60
days from the date of issue, unless otherwise
agreed by BTX in writing. Prices on accepted
orders remain rm for a period of four months
from the date of order acceptance, provided nal
delivery occurs within that period. If delivery is
to occur more than four months from the date of
order acceptance, prices are subject to change
in accordance with any changes in the published
BTX price list which occur after the date of order
acceptance. All prices quoted are FOB Dallas,
excluding all freight, packaging and taxes. All
delivery dates are approximate.
4. Payment Terms
(a) Open account payment terms may be
established from time to time at the sole
discretion of BTX, and are subject to credit
approval in writing. Terms on open accounts
are payment in full, net 30 days from date of
invoice. Payment terms for single transactions
and transactions other than on open account are
net C.O.D. or prepay unless conrmed otherwise
in writing by BTX.
(b) Amounts past due are subject to a nance
charge of 1.5% per month to the legal limit, and
the nance charge will apply without further prior
notice. In case of purchaser's delinquency in
payment or insolvency, BTX retains the right to
halt or interrupt all further deliveries and service
to the purchaser until all past due amounts have
been paid, and to require payment in advance
for orders not yet delivered, without any liability
resulting for BTX. Purchaser expressly agrees
to indemnify BTX and hold BTX harmless from
all charges and liability which might arise in any
manner from purchaser's nonpayment.
5. Inspection, Acceptance and Claims
All claims by purchaser against BTX for
shortages must be made in writing to BTX within
fourteen days from date of shipment from BTX's
Dallas base or they are waived. Any claims for
transport damage are the responsibility of the
recipient and must therefore be led with the
carrier by the recipient.
6. Risk of Loss
Full risk of loss, damage or destruction of the
goods shall pass to purchaser upon delivery of
the goods to the carrier at the point of shipment
or upon
delivery at storage, whichever applies.
7. Force Majeure
If an order cannot be completed due to causes
beyond BTX's control, BTX retains the right to
either cancel the uncompleted portion of the
order or complete the order if and when this
becomes possible. Purchaser shall not have
the right to withhold payment on delivered goods
and/or services, nor to unilaterally change the
order or cancel same. Force majeure includes
but is not limited to strikes, lock-outs, storms,
oods and the like, terrorism, wars, revolutions,
major equipment failures or fire damage at
production facilities, etc.
8. Warranty
BTX extends a three-year limited warranty for
its MotorDrape™ DC systems and controls.
BTX warrants its other systems and 110/220V
motors and hardware accessories against
defects in material and workmanship for a period
of ve years from date of shipment from BTX's
Dallas base; however, pull chains and cords
for roller shades are excluded. BTX controls
and electric and electronic components carry
a one-year warranty against defects in material
and workmanship from date of shipment from
BTX's Dallas base. BTX does not warrant cords
and tapes for lift systems, nor customer’s own
materials, and BTX disclaims any written, oral
or implied warranties for such materials. If any
item to which a warranty applies proves to be
defective during the specied warranty period
under normal and proper use and provided the
equipment or part has been properly stored,
installed and maintained with due regard to any
directives, instructions and operating procedures
provided, BTX shall, upon presentation of proof
of purchase, repair or replace the item at the sole
option of BTX, F.O.B. Dallas. Application of the
warranty will be determined by BTX technical
staff after return of the item, its inspection and
any necessary investigation. This warranty
does not apply in case of defects resulting
from faulty installation, misuse, misapplication,
abuse, mishandling, shipping or failure to follow
instructions. This warranty does not cover any
incidental, special or consequential damages,
labor on location, service calls, reinstallation,
or expenses involved in shipping, packing,
and returning the goods. It also does not
cover damages caused by re, ood, or act of
God. BTX warrants items repaired or replaced
pursuant to the above warranty, under normal
and proper use, storage, installation and
maintenance, against defects in material and
workmanship for a period of 30 days from date
of start-up of such repaired or replaced item or
the expiration of the original warranty, whichever
is longer. Correction of nonconformities in the
manner and for the period of time specied
herein shall be purchaser's exclusive remedy
and shall constitute fulllment of all liabilities of
BTX, whether in warranty, contract, negligence,
tort, or otherwise with respect to the item
delivered. In no event shall BTX be responsible
for providing access to the allegedly defective
item or for disassembly or reinstallation of such
item or parts.
9. DISCLAIMER
THE FOREGOING EXPRESS WARRANTIES
ARE EXCLUSIVE AND IN LIEU OF ALL OTHER
WARRANTIES, WRITTEN, ORAL OR IMPLIED.
ALL OTHER WARRANTIES, INCLUDING ANY
WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE,
ARE HEREBY DISCLAIMED.
10. LIMITED LIABILITY
BT X'S LIABILIT Y FOR AN Y A ND ALL
CLAIMS, CHARGES, EXPENSES, DAMAGES,
LOSSES AND INJURIES ARISING OUT OF
OR RELATING TO ITS PERFORMANCE OR
BREACH OF ANY AGREEMENT OF SALE
FOR GOODS AND/OR THE MANUFACTURE,
SALE, DELIVERY, RESALE, REPAIR OR
USE OF ANY GOODS SHALL NOT EXCEED
THE PURCHASE PRICE OF SUCH GOODS,
REGARDLESS WHETHER THE CLAIM IS
BASED ON CONTRACT, TORT, NEGLIGENCE,
STATUTE, STRICT LIABILITY, WILLFUL OR
WANTON CONDUCT, WARRANTY (EXPRESS
OR IMPLIED), OR OTHERWISE. THIS SHALL
BE PURCHASER'S SOLE AND EXCLUSIVE
REMEDY AGAINST BTX OTHER THAN
THE REMEDY PROVIDED FOR UNDER
THE EXPRESS BTX WARRANTIES. IN
NO EVENT SHALL BTX BE LIABLE FOR
INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES.
11. ARBITRATION
BTX AND PURCHASER AGREE THAT THIS
TRANSACTION INVOLVES INTERSTATE
COMMERCE AND THAT AT THE OPTION OF
BTX, ANY DISPUTE RELATING TO IT IN ANY
MANNER SHALL BE SUBMITTED TO BINDING
ARBITRATION BEFORE THE AMERICAN
ARBITRATION ASSOCIATION AND SHALL BE
GOVERNED BY THE FEDERAL ARBITRATION
ACT OR, IF THAT STATUTE IS INAPPLICABLE,
ANY DISPUTE SHALL BE GOVERNED BY
THE TEXAS ARBITRATION ACT; HOWEVER,
NO ARBITRATOR MAY AWARD PUNITIVE
DAMAGES. PURCHASER AGREES TO
PAY ALL COSTS INCURRED BY BTX,
INCLUDING BUT NOT LIMITED TO COSTS OF
ARBITRATION, COLLECTION, REASONABLE
ATTORNEY'S FEES, EXPENSES AND ANY
COURT COSTS.
12. Return
No goods may be returned without the express
written approval of BTX and the receipt of
an BTX RGA identification number. Goods
approved for return must be returned in original
packaging, freight prepaid, clearly marked with
the BTX RGA identification number and be
accompanied by a copy of the original invoice.
Application of the warranty will be determined
by BTX technical staff after return of the item,
its inspection, and any necessary investigation.
A restocking charge of 25% of invoice value will
apply on all items accepted for return.
13. Liens and Security Interest
Purchaser will not permit to be created or to
remain undischarged any lien, encumbrance
or charge upon the goods supplied by BTX
until BTX has received payment in full for
such goods. If any liens, encumbrances or
charges shall be led against BTX goods prior
to payment in full, purchaser shall discharge
the liens, encumbrances or charges within ten
days and reimburse BTX for expenses incurred
in defending its security interest. Title to the
goods shall remain with BTX until payment in
full has been received.
14. Statute of Limitations
Any action against BTX shall be commenced
within one year after the cause of action has
arisen.
15. Choice of Law and Venue
The rights and duties of the parties hereunder
and the construction and effect of these terms
and conditions shall be governed by the
laws of the State of Texas. Venue shall lie in
Dallas, Texas, to the exclusion of any other
jurisdiction.
16. This agreement supersedes any inconsistent
or additional promises made by any employee,
representative, agent or dealer of BTX.
17. If any part of this agreement is found
invalid, the balance of the agreement remains
enforceable.
WTY-030806
10763 Sanden Dr. • Dallas, TX 75238 • [phone] • [phone] • FAX [phone] • www.btxinc.com