Terms & Conditions - Automation Techniques, Inc.

Standard Terms and Conditions of Use

The Terms and Conditions of Use set forth below create a binding contract between Automation Techniques, Inc. (hereinafter “ATI”), and you, the user of this web site. Please read these terms and conditions carefully before using this web site. Your use of this web site confirms your unconditional acceptance of the following terms and conditions. If you do not accept these terms and conditions, do not use this web site.

This web site is intended only for use by those 18 years of age or older. By accepting these terms and conditions, you certify that you are at least 18 years of age or older, and that you are legally able to enter into a valid contract.
You agree and warrant that all information you provide to ATI through this web site, including but not limited to any contact information, billing information and other registration information for your account, is truthful and accurate. You further agree to maintain the accuracy of your account information and to inform ATI promptly of any changes to your account information.
You agree to accept responsibility for all activities that occur under your account, including all orders placed through your account and password. You agree not to disclose your account password to others.
By creating an account with ATI, you consent to receive communications from us electronically via the e-mail address associated with your account. You agree that any and all communications sent to you electronically via the e-mail address associated with your account satisfy any legal requirement that such communications be in writing.
You acknowledge that your use of the ATI web site is at ATI’s discretion, and your license to use the web site may be terminated by ATI at any time. ATI reserves the right, at its sole discretion, to refuse service, to terminate any user’s account and/or to cancel orders placed through the web site at any time.
By using this web site, you consent to ATI’s collection and use of personal information as discussed in ATI’s Privacy Policy, which is hereby incorporated into these Terms and Conditions of Use.
The content of the ATI web site, including all text, graphics and other material displayed on or downloadable from the site, is either the property of, or used with permission by, ATI, and is protected by the copyright laws of the United States and other countries. The compilation of all the content on the ATI web site is also protected by the copyright laws of the United States and other countries. No material from the web site may be used, reproduced, distributed, modified, or publicly displayed or performed without the prior written permission of the owner of such material.
ATI reserves the right to modify, suspend or discontinue any or all aspects of this web site at any time without notice.
ATI, Robo-Tool, and all related product and service names and logos, design marks, slogans and trade dress are trademarks or service marks of ATI. Other marks displayed on this web site are the property of their respective owners. ATI trademarks, service marks, trade dress and other graphics, logos and slogans may not be used without prior written permission from ATI.
ATI grants you a limited, nonexclusive and revocable license to make personal use of the site. This license does not include the right to modify, reproduce, copy or resell any of the content of the ATI web site; to download or copy any user’s account information for the benefit of another party; to bypass any technical measures used to prevent or restrict access to any portion of the web site; to use any data mining, robots, or similar automated data gathering and extraction tools to access the ATI web site; to violate or attempt to violate the security of the web site, or to interfere with or attempt to interfere with the proper working of the ATI web site. You agree to use this web site only for lawful purposes and in accordance with the terms and conditions contained herein.
You are granted a limited, nonexclusive and revocable license to create a hyperlink to the home page of the ATI web site, so long as the link and the linking page do not portray ATI or its products or services in a false, misleading, derogatory or otherwise offensive manner. You may not, however, use any of ATI’s logos or other proprietary graphic material in creating such links. Nor may you use ATI’s name or trademarks in metatags or any other hidden text without the express written consent of ATI. Displaying the ATI web site or any portion of the ATI web site in frames or through similar means on another web site is also prohibited without the express written consent of ATI. Any permitted links to the ATI web site must comply will all applicable laws, rules and regulations.
This web site may contain links to web sites that are not owned, operated or controlled by ATI. All such links are provided as a convenience, and do not in any way constitute ATI’s endorsement or recommendation of the linked web site or the person(s) associated therewith. ATI is not responsible for any content of any third party web sites, and makes no representations regarding the content or accuracy of material on such sites. If you decide to access any linked web sites, you do so entirely at your own risk.
In the event that you have any problem with this web site or any content contained thereon, you agree that your sole remedy is to cease using this web site.
ATI attempts to ensure that all information on this web site, including information about products and services available for order through the site, is complete, accurate and up to date. However, ATI makes no guarantees as to the completeness or accuracy of any information on the site, or that the information is up to date. You agree that, should you purchase an item from ATI that is not as described on the ATI web site, your sole and exclusive remedy is to return such item in an unused condition for a refund of the purchase price.
All content, specifications, product information and price information described or depicted on this web site are subject to change at any time without notice. The fact that a product or service is advertised or otherwise included in this web site at a particular time does not imply or warrant that the product or service is or will be available at that or any other time.
While ATI makes every effort to provide accurate pricing information, any prices listed on the ATI web site should be considered estimates only. The listed price may differ from the actual price of the item at the time of purchase due to any number of factors, including but not limited to typographical errors, an error in pricing or product information, or a price increase or decrease between the time the order is placed and the time the purchase is made. Prices for items cannot be confirmed until after an order is placed. If the actual price of an item you order is lower than that listed on the site, ATI will charge you the lower amount and ship the item. Should the actual price be higher, ATI may, at its discretion, either contact you about the discrepancy to see if you still wish the item at the higher price or cancel the order and notify you of the cancellation and the reason therefore.
After placing an order, you may receive an e-mail acknowledgement of that order from ATI. This acknowledgement does not constitute ATI’s acceptance of the order or a confirmation of an offer to sell a product or service. There may be certain orders that ATI is unable to accept or fill, including but not limited to orders which call for shipment of goods to an address in violation of posted shipping restrictions for those goods. ATI reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Further, ATI reserves the right, without prior notice, to limit the order quantity on any product or service. ATI may also require additional information or verifications before processing certain orders. Should your entire order or any portion thereof be cancelled, or should ATI require additional information from you before processing the order, ATI will contact you. In the event that your credit card was charged for an order that is later cancelled, ATI will issue a credit to your credit card in the amount of the charge.
You acknowledge that any purchases you make through the ATI web site are also subject to and governed by ATI’s Standard Terms of Sale, which are hereby incorporated into these Terms and Conditions of Use. A copy of the Standard Terms of Sale can be accessed here. You hereby represent that any products ordered through this web site will be used only in a lawful manner.
All comments, feedback, suggestions, ideas and other submissions disclosed or submitted to ATI on or through this web site or any e-mail address associated with this web site (collectively, “User Submissions”) shall be and remain the property of ATI. Your disclosure or submission of User Submissions shall constitute an assignment to ATI of all worldwide right, title and interest in any to all copyrights and other intellectual property rights in the User Submissions. You represent and warrant that you own or otherwise control all the rights to any User Submissions you make to ATI, and that use of the information or content you supply does not violate the intellectual property rights of any third parties and will not cause injury to any person or entity, and that you will indemnify ATI or its affiliates for all claims resulting from or related to content you supply. You further represent and warrant that any User Submissions you make to ATI will not contain libelous or otherwise unlawful, threatening, abusive or obscene material; will not contain software viruses or other harmful devices, and will not be part of any mass mailing or other form of spam.
THIS WEB SITE IS PROVIDED BY ATI ON AN “AS IS” AND “AS AVAILABLE” BASIS. ATI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEB SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ATI DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THIS WEB SITE AND ANY AND ALL PRODUCTS AND SERVICES INCLUDED, LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE.BY USING THE ATI WEB SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ATI DOES NOT WARRANT OR GUARANTEE THAT ITS WEB SITE, SERVERS OR E-MAILS SENT BY OR ON BEHALF OF ATI ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. FURTHER, ATI DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF ITS WEB SITE, NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND ATI WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES. ATI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF ATI HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, ATI WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESSING OR USE OF THIS WEB SITE, OR FROM YOUR DOWNLOADING OF ANY MATERIALS FROM THIS SITE, OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY’S UNAUTHORIZED ACCESS TO AND USE OF YOUR PERSONAL INFORMATION STORED ON ATI’S COMPUTERS AND/OR SERVERS.CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to indemnify, defend and hold harmless ATI from and against any claim, demand, damages, cost and expenses, including reasonable attorney fees, arising from or related to your use of this web site.
This web site is created and maintained by ATI in the State of Michigan. You agree that the laws of the State of Michigan will govern these Terms and Conditions of Use, without giving effect to any principles of conflicts of laws. Any action or proceeding arising out of this Agreement or your use of the ATI web site must be brought in the state or federal courts located in Kent County, Michigan, and you hereby consent to the exclusive personal jurisdiction of such courts.
ATI reserves the right to revise these Terms and Conditions of Use at any time. Any changes to the Terms and Conditions of Use will be included in a revised version of this document. You should visit this page from time to time to review the then current Terms and Conditions, and should cease using the web site if you do not agree to be bound by the terms and conditions contained herein.
This Agreement represents the entire understanding between the parties regarding your use of the ATI web site, and supersedes all other agreements, express or implied, between them. If any provision of this Agreement is determined to be invalid or unenforceable for any reason whatsoever, the remainder of this Agreement shall be enforced to the extent possible, and the offending provision shall be treated as though not a part of this Agreement. ATI’s failure to act with respect to a breach of this Agreement by you or others does not constitute a waiver of its rights with respect to that breach or any subsequent breach, nor shall it constitute a waiver of any other rights under this Agreement.
If you have any questions or comments about the ATI web site, we invite you to call our customer service department at 616-735-6000.

Standard Terms of Sale

All goods and services supplied by Automation Techniques Inc. (“ATI”) are expressly conditioned on the following Standard Terms of Sale. In the event that quotations, purchase orders, order acceptances, sales forms, and/or verbal expressions are used which contain terms inconsistent with those in these Standard Terms of Sale, the Standard Terms of Sale shall be controlling, and any inconsistent terms and conditions shall be inapplicable.

ATI reserves the right to modify or discontinue the sale of any of its products or services, at any time, without notice and without obligation. ATI shall not be liable for any damages caused by its method of processing orders for goods or services or its failure to process orders for discontinued goods and/or services.
Minimum Order: ATI requires a minimum order of $25.00.
Purchase Orders: Verbal purchase orders are not acceptable. Written purchase orders are required for all sales. Written purchase orders may be faxed or sent electronically as .pdf documents to ATI. All orders are subject to acceptance by ATI.
Credit Approval/New Accounts: A buyer may qualify, at ATI’s sole discretion, as a ATI Credit-Approved Buyer upon satisfactory completion of a new customer form, via fax or telephone, plus faxed copy of company credit references and bank information or a signed commercial credit account application.
Payments: Subject to the down payment provisions and other limitations set forth in these Standard Terms of Sale, payment for goods and/or services purchased shall be due and payable to Robo-Tool Inc. in US dollars thirty (30) days from the date of invoice. Buyer shall pay ATI interest on all past due amounts at the rate of 18% per annum or the highest lawful rate, whichever is lower. ATI will be entitled to recover all costs involved in collection including, but not limited to, reasonable attorney fees. If ATI reasonably deems itself insecure, payment for goods and/or services purchased by Buyer shall be due and payable prior to shipment by ATI. Buyer does hereby grant to ATI a security interest in the goods sold by ATI to Buyer as security for the payment for the goods and/or services. Buyer hereby authorizes ATI to file appropriate financing statements as may be necessary under the Uniform Commercial Code (“UCC”) to perfect and continue the security interest granted ATI by Buyer in the goods until such time as ATI has received full payment for the goods and/or services. Buyer shall make certain that (i) all good sold by ATI to Buyer retain their personal property character in order not to be characterized as fixtures and (ii) if any such goods are placed on any real property subject to any mortgage, lien or encumbrance, such goods shall be expressly excluded from the terms of such mortgage, lien or encumbrance. Within thirty (30) days from the date ATI receives payment in full for the goods and/or services, ATI shall release or cause to be released any UCC financing statement that ATI and/or services, ATI shall release or cause to be released any UCC financing statement that ATI and/or any supplier of ATI has and/or have filed against ATI or Buyer covering the goods.
Down Payments: A down payment is required for all orders over $5,000, for special custom tooling, and for all build-to-order equipment. Unless otherwise negotiated, the down payment amount is 60% of the total cost and is due upon order acceptance by ATI, with the balance due net 30 upon shipment.
Shipping, Handling and Taxes: All shipping and handling charges are pre-paid and added to the invoice price unless otherwise agreed between ATI and buyer. All prices are F.O.B. ATI, Grand Rapids, Michigan, USA. ATI prices do not include export boxing or crating for overseas shipment, sales, excise, use, gross receipts, turnover and value added or similar taxes, tariffs and import duties and buyer agrees to pay and absorb the same in full. All licenses and permits, whether federal, state or local, or those of a foreign government, shall be secured by buyer at buyer’s expense. Additional costs to modify any products in order to comply with federal or state laws, regulations or interpretations, adopted or published subsequent to the acceptance by ATI of any order shall be borne by buyer. Handling charges, in addition to freight charges are as follows: $5.00 per order. The cost of any special packing or special handling caused by buyer’s requirements or requests shall be added to the amount of the order. No claim for shipment shortages will be allowed unless made in writing within twenty (20) days of the date of delivery by ATI to buyer. Claims for products or lost in transit should be made on the carrier, as ATI’s responsibility ceases, and title passes, on delivery to the carrier.
On-Site Service and Installation: Service and installation costs will be billed at $95/hour for on-site services and at $55/hour for travel time. A minimum of 4 hours/day will be billed. If the total of travel and on-site hours for any particular day exceeds 8 hours, or if it includes weekend hours or holiday hours, the on-site rate will be $125/hour for that day; the rate for travel time will remain at $55/hour. All cost associated with travel including meals, lodging, airfare, car rental, taxi, mileage, etc. will be billed to and paid by the customer.
Limited Warranty: Stock ATI products are warranted against defects in workmanship and materials for a limited period of thirty (30) days from the date of delivery by ATI to buyer, excluding consumable items, such as vacuum cups, which are warranted against defects in workmanship and materials for a limited period of thirty (30) days from the date of delivery. Other special EOAT products and machines are warranted against defects in workmanship and materials for a limited period of thirty (30) days from the date of delivery, assuming normal use of the item. ATI’s liability under this warranty shall be limited to repairing or replacing, at the option of ATI, any goods found by ATI upon inspection to be defective or nonconforming. This Limited Warranty is void if the defect in or failure of the product is the result of accident, abuse or improper use by the buyer, or it attributable to unauthorized maintenance or repair. EXCEPT AS EXPRESSLY SET FORTH ABOVE, ATI 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.IN NO EVENT SHALL ATI BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES. BUYER WAIVES ANY CLAIM AGAINST ATI FOR PUNITIVE OR EXEMPLARY DAMAGES. UNLESS OTHERWISE EXPRESSLY PROVIDED HEREIN, ANY LEGAL ACTION ARISING FROM OR IN CONNECTION WITH ANY DEFECT OR FAILURE IN ANY GOODS PROVIDED BY ATI, OR THE PERFORMANCE OR NONPERFORMANCE OF ANY SERVICES PROVIDED BY ATI, MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE ACCEPTANCE OF SUCH GOODS OR SERVICES BY BUYER. The Limited Warranty discussed above does not apply to third party products sold by ATI. Such goods may be covered by the manufacturer’s warranty, and buyer acknowledges that its sole remedy with respect to any defects in such third party products lies with the manufacturer of those goods.
Warranty Returns; Returns for Replacement Goods: Buyer must receive written authorization from ATI before returning any products for repair or replacement under warranty. Buyer shall pay to ship the defective product to ATI. ATI will then repair or replace the item, and ship it back to the buyer at ATI’s expense. Should ATI inadvertently ship the wrong goods to buyer, the buyer should contact ATI to arrange for return of those goods for replacement with the correct goods. All repaired or replacement goods shall be F.O.B. ATI, Grand Rapids, Michigan, USA. If examination and testing reveals that a product returned under warranty is not defective, ATI will return the product to the buyer at the buyer’s expense.
Other Returns: Unwanted stock products and products from third parties can only be returned within thirty (30) days of the date of delivery by ATI to buyer. Returns of stock products are subject to a fifteen percent (15%) restocking charge; returns of third party products are subject to a thirty percent (30%) restocking charge. Returns will only be accepted by ATI if ATI determines, in its sole judgment, that the goods are in re-saleable condition. The buyer is responsible for any costs involved in shipping returned goods to ATI, and shall likewise be responsible for any shipping charges involved in shipping unacceptable returned goods back to the buyer. No returns will be accepted after the thirty (30) day period has expired. Any EOAT products, specialty machinery or build-to-order equipment may only be returned with approval by the General Manager or Design Manager of ATI. ATI will inspect the returned tool/machine for usable parts, and will credit the buyer’s account for the cost of any parts of the tool/machine that can be restocked, less a thirty percent (30%) restocking fee.
No-charge Replacement parts for EOAT or build-to-order equipment are to be no more than 25% of the original price of the item, with a limit of $1,000.00 (unless otherwise negotiated). All outgoing shipments are to be at full sales price, with a return authorization issued for credit upon return of the replaced parts.
Warning: All ATI products and components are designed to provide robotics system experts with options for system development. Before integrating any ATI product or component into any robotic system, system experts must assure user safety by determining that each product or component is compatible with the system. This determination can usually only be made through testing, training and a thorough safety evaluation. SERIOUS BODILY INJURY OR PROPERTY DAMAGE MAY RESULT FROM IMPROPER SELECTION, USE OR MAINTENANCE OF ATI PRODUCTS OR COMPONENTS.It is the buyer’s sole responsibility to ensure that: (a) adequate safety evaluations and precautions are made before any ATI product or component is integrated into any robotic system; (b) each system containing ATI products or components is safe for its intended use, and is used safely; and (c) system users are properly skilled, adequately trained, and given appropriate safety warnings.
Force Majeure: ATI shall not be liable to buyer for any delay or failure in performance hereunder due to fires, strikes, other labor disputes, embargoes, requirements imposed by government regulations, civil or military authorities, acts of god, the public enemy or other causes which are beyond the control of ATI.
Governing Law: This document and the sale of all goods and services shall be governed by and construed in accordance with the laws of the State of Michigan, exclusive of its rules on conflict of laws. By placing an order with ATI, you agree that any action or proceeding arising out of such order, the goods purchased from ATI, or otherwise from your relationship and dealings with ATI must be brought in the state or federal courts located in Kent County, Michigan, and you hereby consent to the exclusive personal jurisdiction of such courts.

Changes to Terms and Policies
ATI reserves the right to change the Terms and/or Policy at any time without notice. Revisions are effective upon posting and apply only to data collected thereafter. You should periodically visit this page to review the current terms.