Support

Order Parts

Our Parts Department is available for your convenience weekdays from 8:00 am to 5:00 pm EST.
To place an order, please have the following information available, or include it with your fax/email:

  • Part Number
  • Product Serial Number
  • Your name
  • Your Phone Number

Phone 330-552-1807
Fax: 1-330-552-1848
Email: parts [--AT--] acs-coupler [--DOT--] com

For questions about your Parts Order, please call our Parts Department at 330-678-2511, extension 1307.

We're always ready to assist you with information or Service Bulletins pertaining to any equipment or operating problems that you may be experiencing. While we will provide this assistance at all times, if your ACS attachment is still within the warranty period, parts and labor charges, if any, can only be addressed between you and your delivering dealer. There are no exceptions. If your ACS attachment is out of warranty, and, it is determined that service parts are needed, those parts can be ordered direct from ACS either COD or with a recognized national credit card.

For ACS to assist you on a timely basis with your problem please e-mail the following information to support [--AT--] acs-coupler [--DOT--] com.

So that we may better server you, please include:

  • ACS Product Serial Number
  • Date placed in service
  • Brief description of application
  • Brief description of problem
  • Corrective actions taken so far
  • Contact information:
    • Your name
    • Day or cell phone
    • Fax
    • Email

We will make every attempt to respond back the same day we hear from you.

Dealer Warranty Procedures

Call the ACS Industries, Inc. Warranty Coordinator at 330-678-2511 immediately upon learning of a potential warranty problem. Prior approval by ACS is required for all warranty work. Repairs undertaken without the express prior approval of the ACS Warranty Coordinator are done at your own cost and risk and with the possibility of invalidating any remaining warranty on the product(s).

In response to your phone call, the Warranty Coordinator will, in a timely manner:

Collect all pertinent information, including photos, if necessary

Evaluate the problem and promptly advise you verbally and in writing:

  • What repairs are necessary
  • The repair procedure
  • Parts required for repair
  • Time allowance for repairs

Or, in certain instances, the Warranty Coordinator may request the return of the product to the ACS factory for repairs. In the event where an ACS product or component must be returned, ACS will send/fax a Return Goods Authorization (RGA) to claimant. Please refer to the RGA number on all shipping documents and future correspondence.

Where applicable, the Warranty Coordinator will immediately provide required replacement parts, billing the claimant for the parts pending return and evaluation of the defective parts (also requiring an RGA). If the returned parts are deemed defective, a credit will be issued against the parts invoice. All defective parts must be returned to ACS freight prepaid.

Approved dealer labor expense will be reimbursed with a credit memo against future business with ACS.

GOALS OF THE ACS INDUSTRIES, INC. WARRANTY POLICY

1. ASSURE MINIMUM CUSTOMER DOWNTIME by resolving the problem correctly and quickly.

2. ASSURE END USER CONFIDENCE while maintaining an equitable warranty expense for both your dealership and ACS

3. CONTINUOUS PRODUCT IMPROVEMENT

Standard Service Products Warranty Policy

SCOPE: ALL ACS COUPLER SYSTEMS, GENERAL AND HEAVY-DUTY ATTACHMENTS FOR WHEEL AND CRAWLER LOADERS, EXCAVATORS, AND TRACTOR-LOADER-BACKHOES.

EXCLUDES: DOZER ATTACHMENTS, SEVERE-DUTY EXCAVATOR BUCKETS AND THUMBS, EXCAVATOR COUPLERS USING RIPPER TEETH OR HAMMERS, DEMOLITION GRAPPLES, ROCK BUCKETS AND ALL OTHER ATTACHMENTS DESIGNATED SEVERE SERVICE BY ACS AT THE TIME OF SALE.

ACS Industries, Inc. (ACS) warrants its products to be free from defects in material or workmanship for a period of (12) twelve months. The warranty period will begin on the documented date that the attachment is first placed in service. If this documentation is not available then the period will commence on the date the attachment was shipped from an ACS factory. ACS products must be utilized in approved applications, defined as applications for which the attachment was originally designed and intended for use by ACS. Installation must have been properly performed according to ACS instructions and training given in the safe operation and proper use of each product as appropriate.

ACS will, at its option, repair or replace, FOB factory, any standard or heavy-duty product that in its judgment is defective.

Where a service part has failed it shall be the policy of ACS to send a replacement part and an invoice for that part. Upon return of the original part to ACS, a credit will be issued to the dealer if, after examination by ACS, the part in question is judged defective.

Where a service part has failed it shall be the policy of ACS to send a replacement part and an invoice for that part. Upon return of the original part to ACS, a credit will be issued to the dealer if, after examination by ACS, the part in question is judged defective.

ACS will make allowances for work performed on products deemed defective after examination of the defective product either by having the attachment returned to our factory, freight prepaid, or by photographic evidence clearly showing the problem area and/or details of failure. Written approval is required from ACS PRIOR to the performance of all warranty work, in order for a warranty claim to be honored.

Warranty will NOT apply to:

  1. 1. Failures that in ACS’s determination were the result of misapplication or misuse (see operator's guide), negligence, lack of appropriate user training, accidental damage, failure to perform maintenance required by the maintenance manual, and/or improper installation.
  2. 2. The use of an ACS Product with couplers or attachments produced by other companies will void all ACS Warranty.
  3. 3. Component parts not manufactured by ACS, including all wear parts, fork tines and cylinders will carry the warranty extended by the supplier; ACS responsibility for these items will equal the warranty offered by the supplier.
  4. 4. Any equipment that has been repaired or altered in any manner without the express written approval of ACS will void all warranty.
  5. 5. Once a product is determined to be defective and it has been determined it can be field repaired, ACS will provide parts (if necessary), a written repair procedure and will authorize maximum time allotted to accomplish the repair via a Warranty Claim and Authorization Form.

 

Labor will be paid at 70% of the Dealer's retail labor rate, subject to change without notice. No provisions will be made for incidental or consequential damages, mileage, travel time, overtime, downtime, or special freight charges. Refer to ACS Dealer Warranty Procedure.

In the event where an ACS product or component must be returned, ACS will send/fax a Return Goods Authorization (RGA) to claimant. Please refer to the RGA number on all shipping documents and future correspondence.

Approved dealer warranty expense will be reimbursed with a Credit Memo against future business placed with ACS.

Warranty coverage for End –User sales of ACS products is limited to replacement parts only. No labor will be paid.

ACS Industries, Inc. reserves the right to make changes or alterations to its products at any time without obligation whether or not compatible with products previously sold. ACS also reserves the right to alter this warranty policy and/or its terms at any time. This warranty is in lieu of all other/or previous warranties either expressed or implied. No other persons or company is authorized to act on behalf of ACS or authorized to assume for ACS any liability in connection with the sale and use of ACS products other than as set forth herein.

Severe Duty Attachments Warranty Policy

SCOPE: DOZER ATTACHMENTS, SEVERE-DUTY EXCAVATOR BUCKETS AND THUMBS, EXCAVATOR COUPLERS USING RIPPER TEETH OR HAMMERS, DEMOLITION GRAPPLES, ROCK BUCKETS AND ALL OTHER ATTACHMENTS DESIGNATED SEVERE SERVICE BY ACS AT THE TIME OF SALE.

ACS Industries, Inc. (ACS) warrants its products to be free from defects in material or workmanship for a period of (6) six months. The warranty period will begin on the documented date that the attachment is first placed in service. If this documentation is not available then the period will commence on the date the attachment was shipped from an ACS factory. ACS products must be utilized in approved applications, defined as applications for which the attachment was originally designed and intended for use by ACS. Installation must have been properly performed according to ACS instructions and training given in the safe operation and proper use of each product as appropriate.

ACS will, at its option, repair or replace, FOB factory, any standard or heavy-duty product that in its judgment is defective.

Where a service part has failed it shall be the policy of ACS to send a replacement part and an invoice for that part. Upon return of the original part to ACS, a credit will be issued to the dealer if, after examination by ACS, the part in question is judged defective.

ACS will make allowances for work performed on products deemed defective after examination of the defective product either by having the attachment returned to our factory, freight prepaid, or by photographic evidence clearly showing the problem area and/or details of failure. Written approval is required from ACS PRIOR to the performance of all warranty work, in order for a warranty claim to be honored.

Warranty will NOT apply to:

  1. 1. Failures that in ACS’s determination were the result of misapplication or misuse (see operator's guide), negligence, lack of appropriate user training, accidental damage, failure to perform maintenance required by the maintenance manual, and/or improper installation.
  2. 2. Component parts not manufactured by ACS, including all wear parts, fork tines and cylinders will carry the warranty extended by the supplier; ACS responsibility for these items will equal the warranty offered by the supplier.
  3. 3. The use of an ACS Product with couplers or attachments produced by other companies will void all ACS Warranty.
  4. 4. Any equipment that has been repaired or altered in any manner without the express written approval of ACS will void all warranty.
  5. 5. Once a product is determined to be defective and it has been determined it can be field repaired, ACS will provide parts (if necessary), a written repair procedure and will authorize maximum time allotted to accomplish the repair via a Warranty Claim and Authorization Form.

 

Labor will be paid at 70% of the Dealer's retail labor rate, subject to change without notice. No provisions will be made for incidental or consequential damages, mileage, travel time, overtime, downtime, or special freight charges. Refer to ACS Dealer Warranty Procedure.

In the event where an ACS product or component must be returned, ACS will send/fax a Return Goods Authorization (RGA) to claimant. Please refer to the RGA number on all shipping documents and future correspondence.

Approved dealer warranty expense will be reimbursed with a Credit Memo against future business placed with ACS.

Warranty coverage for End –User sales of ACS products is limited to replacement parts only. No labor will be paid.

ACS Industries, Inc. reserves the right to make changes or alterations to its products at any time without obligation whether or not compatible with products previously sold. ACS also reserves the right to alter this warranty policy and/or its terms at any time. This warranty is in lieu of all other/or previous warranties either expressed or implied. No other persons or company is authorized to act on behalf of ACS or authorized to assume for ACS any liability in connection with the sale and use of ACS products other than as set forth herein.

ACS Industries, Inc. and Subsidiaries Contract Conditions Applicable to all Purchase Orders

1. MODIFICATIONS – No changes or modifications in this order shall be permitted except upon the written authority of ACS.

2. PRICES – Seller agrees that its price for materials ordered hereby will not be higher than specified herein, and that regardless of such specification will not be higher than its lowest price prevailing on the date hereof for the quantity ordered. Unless otherwise specified herein all prices shall be deemed to include sales and excise taxes, packing charges, and any other charges or extras as and where applicable.

3. DISCOUNT POLICY: ACS will compute discount periods as commencing on the later of (i) the invoice date or (ii) the date the invoice was received by ACS.

4. LABELING, PACKAGING, & SHIPMENT – Seller shall package and label all goods supplied under this contract in compliance with all applicable local, state, and federal packaging and labeling laws in effect at the time of shipment. ACS’s special labeling and packaging instructions, if any, will be adhered to at no extra charge to ACS unless otherwise stated herein. All materials ordered hereby are purchased F.O.B. ACS’s designated destination and no charges will be allowed for freight unless otherwise specified herein. Seller agrees to route material via ACS’s selected modes of transport and via ACS’s selected carriers for all materials ordered F.O.B. Seller’s plant and Seller further agrees to bear any excess transportation charges occasioned by Seller’s failure to comply with ACS’s shipping instructions.

5. DELAYS – All materials ordered hereby shall be shipped to arrive not later than the delivery dates specified herein. In the event that any delivery is delayed by more than the lesser of ten days or one half the contract lead time the ACS is given the option to purchase such delayed materials from other suppliers and the Seller agrees to bear any increase in costs occasioned thereby. The contract lead time is defined to mean the number of days from the date this purchase order was issued until the date delivery was originally promised by the Seller. ACS’s required delivery is the Seller’s promised delivery unless otherwise specified herein. Delays due to causes beyond Seller’s control shall not be subject to this contract provision.

6. QUALITY – Seller expressly warrants that all material furnished under this contract conforms to the requirements and specifications as furnished by ACS and that all goods provided will be free from defects in material and workmanship. Seller further warrants that all items supplied hereunder will be merchantable and fit and sufficient for the purposes intended.

7. CHANGES – ACS reserves the right at any time to make changes in drawings and specifications as to any material and/or work covered by this contract. Any difference in price or time for performance resulting from such changes shall be equitably adjusted and the contract shall be modified in writing accordingly. Seller agrees to give ACS advance notice in writing of all specification, design, part number, and other identification changes as well as major changes in process, procedure, or the manufacturing location applying to the goods supplied pursuant to this contract.

8. INSPECTION & ACCEPTANCE – Inspection and testing of the articles supplied hereunder may at ACS’s option at Seller’s plant and/or at the point of destination. Seller will at all times allow access to its plant to ACS inspectors, but this right whether or not exercised shall not affect the right of ACS to reject faulty material or make any claim in regard thereto. At the option of ACS, ACS may make a surveillance of Seller’s inspection, quality, and reliability procedures as well as the data supporting same. Acceptance of the goods by ACS will not relieve Seller of any of its obligations or warranties hereunder and in no event shall payment be deemed to constitute acceptance.

9. EXCESS & DEFECTIVE GOODS – Except for customary quantity variations recognized by trade practice goods in excess of those specified will not be accepted, and if as a convenience to Seller, ACS agrees to hold such excess goods temporarily at an ACS plant, then any risk of loss shall be solely upon the Seller. If any of the goods fail to meet any of the warranties contained in paragraph 5, Seller, upon notice thereof from ACS, shall promptly correct or replace the same at Seller’s expense. If Seller shall fail to do so, ACS may cancel this contract as to all such goods and, in addition, may cancel the then remaining balance of this order. In addition, ACS may secure at its option other goods from other suppliers to replace those defective goods furnished by Seller, and in this event Seller shall bear any additional costs occasioned thereby including price differentials and added freight charges. After notice to Seller of excess or defective goods, all such goods will be held entirely at Seller’s risk. ACS may return all such goods to Seller at Seller’s risk and all transportation charges both to and from the original destination shall be paid by Seller. Any payment for such goods shall be refunded by Seller.

10. TOOLS, DRAWINGS, PRIVILEGED INFORMATION, & MATERIAL – All specifications, drawings, technical information, data and/or copies of same in addition to patterns, templates, machinery, equipment, dies, jibs, fixtures, or tools furnished by ACS to Seller hereunder shall be used only in the manufacture of material for ACS, shall not be divulged to any third party without ACS’s prior written consent, shall remain ACS property, and shall be returned to ACS promptly upon demand. ACS expressly forbids Seller from producing ACS proprietary parts for sale to any third party. All such machinery, equipment, templates, dies, patterns, jibs, fixtures, or tools shall be maintained in good working order by Seller at no charge to ACS. In the event that ACS has supplied material to Seller for use in performance of this contract Seller agrees to notify ACS of any defects in the material supplied prior to performing any work upon the material or upon discovery of such defects. Seller agrees to be charged for the full cost including transport costs of any material damaged or scrapped through Seller’s actions, and agrees to return such material upon demand whether Seller has completed work or not. Unless otherwise agreed, Seller at its expense shall insure all items mentioned above for the reasonable value thereof against loss or damage of any kind. Unless otherwise specified herein, the items ordered by this contract are to be produced with tools, jibs, machinery, equipment, dies, and fixtures obtained by Seller at its expense and which shall be the property of the Seller.

11. PATENTS – (A) Seller shall hold and save ACS and its affiliated corporations, and their customers harmless from loss and/or liability of any nature or kind arising out, or existing because of the infringement or alleged infringement of any patent for or on account of the manufacture sales or use of any goods furnished hereunder except in the case where compliance by Seller with specifications prescribed by and originating with ACS constitutes the sole basis of the infringement or alleged infringement. ACS shall promptly notify Seller in writing of any suit filed against it or its affiliated corporations, or their customers, on account of any such infringement or alleged infringement, and at Seller’s request shall give Seller control of the defense of such suit insofar as ACS has the authority to do so, and information and assistance for the same, all at Seller’s expense. ACS and the party against whom suit is brought may be represented by their own counsel in any such suit.
(B) ACS shall defend at its expense, any suit brought against Seller for the infringement or alleged infringement of any patent for or on account of the manufacture or sale of any goods furnished hereunder, and shall pay all damages and costs awarded therein against Seller, in any case where compliance by Seller with specifications prescribed by and originating with ACS constitutes the sole basis of the infringement or alleged infringement if notified in writing and given authority, information and assistance, at the expense of ACS, for the defense of same.

12. PRODUCT LIABILITY – Seller agrees to defend, protect, and hold harmless ACS, its subsidiaries, successors, agents, and dealers against any and all claims for personal injury, property, consequential or special damages resulting from improper or defective material, workmanship or design, but only if Seller is promptly notified in writing of any such claim and given the right to defend, settle, or otherwise dispose of such claim through counsel of its own choosing. ACS shall cooperate in the investigation and defense of any such claim or suit. Seller’s obligation shall not extend to, or include claims resulting from the use of any goods in combination with unsuitable goods not furnished under this Agreement, or from an unauthorized modification or alteration of the goods.

13. INSURANCE – Where fulfillment of this purchase order requires Seller to perform work on the premises of ACS, Seller shall procure at its own cost and keep enforced the following insurance, satisfactory to ACS as to form and limits of liability until completion and final payment hereunder: (a) Workers’ Compensation insurance as required by the Workers Compensation laws of the state of Ohio (b) Public Liability and property damage insurance, including contractual liability insurance with ACS as the named party and (c) Automobile liability and property damage insurance if automobiles, trucks, trailers or other vehicles are to be used. Prior to the commencement of any work hereunder, evidence of such insurance in policy, shall be provided to ACS. Where any part of this purchase order is performed by a subcontractor of Seller, evidence of such insurance on behalf of each subcontractor shall be provided by Seller to ACS.

14. SETOFF – ACS may setoff against or recoup from any amounts owing to Seller or its affiliates amounts owed to ACS by Seller resulting from breaches by Seller of its obligations to ACS under this contract or any other contract.

15. INDEMNITY – Except as otherwise provided in the clauses on patents and product liability in no case shall ACS indemnify or hold harmless Seller against any and all claims for personal injury, property, consequential or special damages resulting from improper or defective material, workmanship, or design in products purchased from Seller hereunder.

16. APPLICABLE LAWS – This contract shall be construed according to the law of the State of Ohio, as applicable. All material supplied and raw products from which they are made must be produced in full compliance with all applicable local, state, and federal laws, rules, and regulations, and Seller indemnifies and holds harmless ACS from and against any liability, expense, or costs resulting from Seller’s failure to do so.

17. CERTIFICATION – The Seller hereby certifies that it will fully comply with Executive Order 11246 as amended by Executive Order 11375 Section 503 of the Rehabilitation Act of 1973 as amended, the Vietnam Veteran’s Readjustment Assistance Act of 1974 as amended, and Executive Order 11625 as amended and the rules and regulations issued thereunder, which are hereby incorporated by reference as appropriate. The Seller commits itself to such compliance by acceptance of this purchase order.

18. ACKNOWLEDGEMENT – In the absence of any acknowledgement or acceptance of this order, Seller’s commencement of work or shipment of material ordered shall be deemed acceptance of the terms and conditions herein.

19. TERMINATION – ACS may at its convenience terminate this order in whole or in part by written or telegraphic notice at any time. If this order is terminated, for convenience, any claim of Seller must be presented within ten days of ACS’s termination notice and shall be settled on the basis of reasonable costs Seller has incurred in performance of this order up to the time of cancellation.

20. WAIVERS – A waiver on the part od ACS of any of the provisions of this contract on any one occasion shall not be deemed to be a waiver of the same or any other provision for any subsequent occasion. Waivers must be in writing signed by ACS.

21. REMEDIES – No remedy herein provided shall be deemed exclusive of any other remedy allowed by law.

ACS INDUSTRIES, INCORPORATED and SUBSIDIARIES CONTRACT TERMS AND CONDITIONS OF SALE

1. GOVERNING PROVISIONS: Goods and services sold by ACS are expressly subject to the terms and conditions set forth below. Any conflicting or additional terms and conditions in Buyer’s purchase order or similar communication are objected to, and shall not be binding on ACS unless expressly agreed to in writing.

2. QUOTATIONS: ACS’s written offer of sale or quotation, except for price, shall be deemed open for acceptance by buyer for a period of 30 days unless extended in writing on ACS paperwork. Cancellations, modifications and waivers to any quotation or any of the underlying rights or obligations shall not be effective without ACS’s written consent. ACS’s acceptance of Buyer’s offer of purchase shall be contingent on approval of Buyer’s credit.

3. FREIGHT: Standard freight terms are FOB the ACS facility. Upon request freight charges may be prepaid by ACS and added to invoice using the carrier of ACS’s choice. Buyer may request a carrier of his choice and ACS will make reasonable efforts to honor Buyer’s request. In cases where Buyer’s carrier of choice is used, freight terms are FOB the ACS facility, COLLECT. Actual freight costs to Buyer are those charged to ACS the date of shipment plus handling charges. ACS will not be responsible for deviations to freight quotes or estimated freight costs provided to Buyer at the time of order quotation or order acceptance.

4. PRICES: Published and quoted prices are subject to change without notice. ACS reserves the right to adjust prices to those prevailing at time of shipment. If applicable, sales, excise, and other taxes payable or accruing by reason of sales to Buyer will be added to the invoice. It is Buyer’s responsibility to provide ACS documentation in writing that Buyer is exempt from any sales tax or any other applicable tax.

5. PAYMENT: Unless other terms are agreed in writing by ACS, full payment is due 30 days after date of shipment. Interest will be charged on past-due accounts at a monthly rate of 1.5% or the highest rate permitted by applicable law, whichever is lower, on any unpaid balance. Any costs incurred by ACS, including applicable court costs and attorney fees, in collecting past due amounts owed by Buyer, shall be reimbursed by Buyer to ACS.

6. DELIVERY TERMS: RISK OF LOSS: Delivery dates are based on estimated manufacturing periods and shall not be deemed to represent fixed or guaranteed delivery dates.

7. FORCE MAJEURE: ACS shall not be liable for any claim, damage, loss, expense or liability as a result of any delay or failure to ship or provide services due in whole or in part to any cause beyond ACS’s reasonable control including, but not limited to, restrictions imposed by any governmental legislation, rules or regulation, any act or omission of Buyer, strikes, slowdowns or other labor unrest, embargoes, riots, storms, fire, accidents, war, act of terrorism, delay in transportation, or inability to obtain necessary labor, materials, or manufacturing facilities. Any such failure or delay by ACS shall not be considered a breach of contract.

8. ACCEPTANCE: CLAIMS: Buyer shall inspect products delivered hereunder. Products shall not be subject to acceptance on the basis of any destructive or non-destructive testing unless expressly stated in ACS’s quotation or offer of sale, Any claim must be made by Buyer in writing within 20 days of receipt, and all ascertainable defects and nonconformities shall be stated with particularity or be deemed waived. Under no circumstances shall products be returned to ACS without written permission. Under no circumstance shall a buyer modify an ACS product in any manner for any reason without the express written consent of ACS. A claim that products are nonconforming shall not entitle Buyer to deduct any sum from any invoice unless such claim has been allowed by ACS in writing. Invoices shall be paid in full in accordance with the terms of sale. Upon verification by ACS of a defect or nonconformance, ACS may repair, replace or, in ACS’s sole discretion, credit or pay to Buyer a set amount to repair the defect.

9. CHANGES: ALTERATIONS: ACS may make such changes in the design and construction of products as shall, in its judgment, constitute an improvement. ACS may furnish suitable substitutes for materials unobtainable because of priorities or regulations established by governmental authority or because materials are unavailable from suppliers..

10. PATTERNS AND TOOLING: ACS shall have no responsibility for errors or variations in tooling, patterns, specifications, drawings, technical information or designs furnished to it by Buyer. Buyer agrees to pay for changes in tooling or patterns made necessary by Buyer’s change in specifications, drawings or designs and agrees to assume all risks of damage thereto resulting from such changes when such damage occurs without fault of ACS. Subject to Buyer’s approval, pattern and tooling changes, repairs or replacements which become necessary on account of ordinary wear shall be made at Buyer’s expense. ACS shall not be liable for damages to tooling and pattern equipment except those due to ACS’s gross negligence. 10. INDEMNIFICATION : Buyer shall indemnify, save harmless and defend ACS against any claim, demand, loss, expense or liability, including attorneys’ fees, in any way related to the manufacture and sale of products manufactured in accordance with tooling, patterns, specifications, drawings, technical information or designs supplied by Buyer, including, but not limited to, (i) actual or alleged infringement of any patents, trademarks or other intellectual property and (ii) product liability claims of any kind from any third party, unless solely the result of ACS’s negligence

11. INDEMNIFICATION : Buyer shall indemnify, save harmless and defend ACS against any claim, demand, loss, expense or liability, including attorneys’ fees, in any way related to the manufacture and sale of products manufactured in accordance with tooling, patterns, specifications, drawings or designs supplied by Buyer, including, but not limited to, (i) actual or alleged infringement of any patents, trademarks or other intellectual property and (ii) product liability claims of any kind from any third party, unless solely the result of ACS’s negligence.

12. CORRECT SPECIFICATIONS: ACS will manufacture and/or provide products and services in accordance with Buyer’s written instructions provided in the form of a written Purchase Order. Buyer’s Purchase Order will specify all critical specifications to permit ACS to correctly provide goods and services to meet Buyer’s requirements. Should Buyer fail to provide complete or accurate information to ACS concerning machine make, model and serial number, required attachment options, intended application, or any other critical requirement, expenses incurred to correct resulting deficiencies will be the responsibility of Buyer.

13. LIMITATION ON WARRANTIES: Except as to express warranties stated in the applicable warranty policy in effect at date of sale, ACS warrants its products to be as specified in its catalog and on the face hereof for a period of one year from date of delivery. Any suggestions by ACS or its agents regarding use, application or suitability of the products shall not be construed as a warranty unless confirmed to be such in writing by ACS. For products not manufactured by the ACS, it extends to Buyer the warranties of the manufacturer only. ACS’s MONETARY LIABILITY SHALL NOT EXCEED THE VALUE OF THE GOOD AND/OR SERVICE PROVIDED TO BUYER.
THIS WARRANTY IS EXCLUSIVE AND ACS MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTIES, EXPRESS OR IMPLIED. ACS MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO ANY SERVICES, INCLUDING WITHOUT LIMITATION CONCERNING THE RESULTS TO BE OBTAINED FROM THE SERVICES OR THE RESULTS OF ANY RECOMMENDATION ACS MAY MAKE, INCLUDING ANY WARRANTIES CONCERNING THE USE, APPLICATION, PERFORMANCE, MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY OF RECOMMENDATIONS OR DELIVERABLES.
IF ANY MODIFICATION, ALTERATION OR REMOVAL OF ANY PART OR PRODUCT NOT AUTHORIZED IN WRITING BY ACS RESULTS IN AN INJURY TO A PERSON OR DAMAGE TO PROPERTY, THEN NO WARRANTY HEREIN SHALL APPLY AND BUYER SHALL INDEMNIFY ACS AGAINST ANY CLAIM, DEMAND, EXPENSE, OR LIABILITY, INCLUDING ATTORNEY FEES, IN ANY WAY RELATED TO SUCH CLAIMS.

14. LIABILITIES AND DAMAGES: Buyer agrees that if products are nonconforming, Buyer’s exclusive remedy shall be one of the following, at Seller’s option, (a) repair or replacement of the nonconforming products or (b) repayment to Buyer of the purchase price. IN NO EVENT SHALL BUYER BE ENTITLED TO (NOR ACS LIABLE FOR) ANY CONSEQUENTIAL, INCIDENTAL OR CONTINGENT DAMAGES OF ANY KIND, WHETHER ARISING OUT OF THIRD PARTY CLAIMS AGAINST BUYER OR BREACH OF CONTRACT, TORT, WARRANTY (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORIES OF LAW WITH RESPECT TO PRODUCTS SOLD OR SERVICES RENDERED BY ACS, OR ANY UNDERTAKINGS, ACTS, OR OMISSIONS RELATING THERETO.

15. LIMITATIONS ON SUITS AND ACTIONS: No action or suit to enforce Buyer’s rights or remedies arising from this sale shall be commenced later than one year from the date of shipment.

16. APPLICABLE LAWS: All orders, sales and these terms and conditions shall be governed by the laws of the State of Ohio excluding conflict of law rules. The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply. All laws and regulations required to be incorporated in agreements of this character are incorporated herein by this reference. ACS certifies that these products were produced in compliance with all applicable requirements of Section 6, 7 and 12 of the Fair Labor Standards Act, as amended, and of regulations and orders of the U.S. Department of Labor under Section 14 thereof. Any commodities, technology, or software exported pursuant to these terms and conditions will be exported from the United States in accordance with U.S. laws and regulations, including the Export Administration Regulations or International Traffic in Arms Regulations, as applicable. Diversion, exportation or re-exportation contrary to U.S. law is prohibited.

17. ENTIRE AGREEMENT: These terms and conditions constitute the entire agreement between ACS and Buyer with respect to the subject matter thereof, and there are no understandings, agreements or representations, express or implied, which are not contained herein.

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