FANUC ROBOTICS AMERICA, INC.
TRAINING SERVICES STANDARD TERMS AND CONDITIONS OF SALE
The following terms and conditions shall apply to any and all sales of goods and services by FANUC Robotics America, Inc. (hereinafter FANUC Robotics). Any suggested exceptions shall be submitted in writing and shall not be effective unless agreed to by FANUC Robotics in writing. Any attempt to substitute or add any additional or conflicting terms and conditions is hereby expressly rejected, and shall be of no force or effect. If there exists a conflict between these terms and conditions and a term or condition set forth in the body of the proposal of which this is a part, the term or condition in the body of the proposal will control. NOTE: FANUC Robotics’ Invoice Schedule and Payment Terms as defined below are subject to the final approval of FANUC Robotics’ Finance Department; FANUC Robotics reserves the right to modify the Invoice Schedule and Payment Terms as a result of ongoing credit review. Any deviation from these standard terms may affect other quoted terms, including without limitation, price and/or delivery.
Pricing and Terms of Payment
The prices specified for any training services are valid for a period of sixty days. Thereafter, such prices are subject to change, without notice, to prices in effect at the time of purchase order acceptance. Pricing given does not include any sales, use or other excise taxes or duties unless expressly noted, and are the responsibility of Purchaser. Any taxes or duties paid on Purchaser's behalf by FANUC Robotics will be invoiced back to Purchaser with payment terms net 30 days and 1.5% service charge per month for payment later than 30 days.
Payment for training services is due prior to attendance at the training session. FANUC Robotics reserves the right to refuse entry into a class if payment prior to attending has not been made. Payment may be made by check or credit card. Remit check payments to: 16272 Collection Center Drive, Chicago, IL 60693.
All cancellations must be in writing and faxed to (248) 377-7367.
All tuition and fees paid by the applicant shall be refunded if the applicant is rejected by the school before enrollment. An applicant fee of not more than $25 may be retained by the school if the applicant is denied. All tuition and fees paid by the applicant shall be refunded if requested within three business days after signing a contract with the school. .
Once the 3 business days have elapsed the following policies will apply:
FANUC Robotics reserves the right to cancel or modify classes at any time.
FANUC Robotics warrants to Purchaser that a) all training services provided by FANUC Robotics will be performed in a professional, workmanlike manner and in accordance with industry standards; and b) all FANUC Robotics personnel shall be adequate in number and have sufficient skills to perform the training services required by Purchaser.
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OF QUALITY OR PERFORMANCE, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL FANUC ROBOTICS BE LIABLE TO PURCHASER FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES RELATED TO LOSS OF PROFITS OR REVENUE, LOSS OF USE OF THE GOODS OR ANY ASSOCIATED EQUIPMENT, COST OF SUBSTITUTE GOODS, DOWNTIME COSTS, OR OTHER DAMAGES TO PURCHASER OR ITS CUSTOMERS.
Purchaser acknowledges and agrees that any and all ideas, discoveries and improvements, whether patentable or not, made during the performance of this Agreement shall be solely owned by FANUC Robotics. Purchaser agrees to cooperate, at FANUC Robotics' expense, in the preparation, filing, and prosecution of patent applications relating to inventions conceived and/or reduced to practice as a result of FANUC Robotics' performance under this Agreement.
Neither FANUC Robotics nor Purchaser shall have any liability to the other or to third parties for any failure or delay in performing any obligation under this Agreement due to circumstances beyond its reasonable control including, without limitation, acts of God or nature, act of government or insurrections, fires, floods, tornadoes, strikes (including labor trouble or other industrial disturbance), acts of terrorism, war, embargoes or blockades, legal restrictions, or power, communication, satellite or network failures.
While in any FANUC Robotics facility, Purchaser shall adhere to all government safety laws and environmental regulations, as well as comply with all FANUC Robotics safety policies, procedures and guidelines, including without limitation, wearing appropriate eye protection, steel-toed safety shoes, and other protective clothing, gear or devices for any hazardous operation.
Purchaser will comply with any and all laws and regulations applicable to the use, transportation, re-sale or export of the goods, services and/or technology provided by FANUC Robotics, and acknowledges that export or re-export of such items may require that Purchaser obtain an export license from the appropriate authority. Purchaser is further prohibited from using the goods, services and/or technology provided by FANUC Robotics for the development, production, use or stockpiling of weapons of mass destruction (nuclear weapons, biological weapons, chemical weapons or missiles).
These terms and conditions shall be construed according to the law of, and any dispute shall be decided in, the State of Michigan.
FANUC Robotics does not permit trainees to film, record, videotape or photograph any and all training sessions conducted by FANUC Robotics.