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Terms & Conditions
These Delivered Terms and Conditions (the “Delivered Terms”) apply to the purchase of Dynamix Agitators Inc.
(“
Dynamix
”, “
We
” or “
Our
”) products (“
Products
”) by a customer (the “
Customer
”). Unless otherwise indicated, these
terms and conditions will apply to all purchases of Products from Dynamix.
PURCHASE TERMS
The Customer’s purchase of Products is governed by: (1) the quotation sent to the Customer for the Products, which sets
out the Customer’s name and address, the Products covered, price and payment terms (the “
Quotation
”); (2) the terms
and conditions attached to the Quotation; (3) these Delivered Terms; and (4) any additional terms referenced in the
Quotation (collectively, the “
Agreement
”).
CONFIDENTIAL INFORMATION
The Product pricing, terms and conditions of sale, the Quotation, and other information contained in or disclosed by
Dynamix pursuant to the Agreement is confidential. Customer may not disclose such pricing, terms and conditions,
Quotation and other information to any other party without Dynamix’s prior written approval, except for any legally required
disclosures. Dynamix reserves the right to enforce these confidentiality restrictions against any party who wrongfully
discloses, receives or further disseminates Dynamix’s confidential information.
LIMITATION OF REMEDIES
Customer’s remedy for breach of any of the foregoing warranties shall be limited to those set forth in the
Warranty
Section
provided below, however, that We will not be responsible for removal, loading, installation, freight or similar
related expenses in connection with any modification, replacement or repair. The determination of which remedy shall be
applicable, shall be determined by Dynamix, in its sole discretion.
DYNAMIX AND ITS AFFILIATES AND REPRESENTATIVES HAVE NO LIABILITY TO CUSTOMER FOR ANY DIRECT,
INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DELAY WHATSOEVER,
INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST OR INTERRUPTED BUSINESS, LOSS OF USE, LOST
PROFITS OR LOST REVENUES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING, BUT
NOT LIMITED TO, CONTRACT, TORT, WARRANTY OR NEGLIGENCE), EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF DYNAMIX AND ITS AFFILIATES AND
REPRESENTATIVES TO CUSTOMER AND CUSTOMER’S EXCLUSIVE REMEDY FOR ANY AND ALL CLAIMS
ARISING OUT OF OR RELATING TO THIS CONTRACT, INCLUDING, BUT NOT LIMITED TO, THE PRODUCTS
PROVIDED HEREUNDER, IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCT THAT IS THE BASIS FOR
THE CLAIM.
Customer will be barred from any remedy unless Customer gives Dynamix prompt written notice of the problem. Further,
any returns of Products for modification, repair or replacement must be authorized by Dynamix in writing prior to return of
the Products by the Customer.
Dynamix will not be responsible for any repairs performed by third parties unless the extent, or terms and costs of such
repairs, are authorized by Dynamix, in writing in advance.
PATENTS
Dynamix represents and warrants that, to its knowledge, the Products do not infringe upon any patents granted to others.
We do not assume any responsibility or liability for any claim of infringement brought against the Customer, its
successors, assigns, customers or users of the Products.
UNAUTHORIZED MODIFICATIONS
Modifications to the Products ordered by Customer, or any of their components, could significantly affect their
performance or conformance to Dynamix’s features. Any modification of the Products, or any of their components, other
than as performed or authorized in writing by Dynamix, is
prohibited and will invalidate and terminate Dynamix’s warranty
for the Products, effective on the date of any such modification.
Summary of Contents for ITM Series
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