Conditions & Terms of Service
Unless otherwise agreed, these Service Terms and Conditions (the “Agreement”) shall be effective from the date of the applicable Service Quote and continue for one year (the “Term”), unless earlier terminated in accordance herewith or by mutual written consent. This Agreement is fully transferrable by Owner, upon written notice to Rotex, if the Equipment is sold or relocated during the Term.
Fees and payment terms for Rotex’s services will be set forth on the applicable Service Quote. Daily fees are charged for up to ten (10) hours; an additional fee of $200 per hour will be charged for any hour or partial hour above 10 hours. Terms of payment, unless otherwise stated, are net thirty (30) days from date of invoice. All invoices from Rotex will include or be accompanied by such supporting evidence of their accuracy and be in such detail as may be reasonably requested by Owner. Fees are due in full and non-cancellable upon dispatch of Rotex personnel.
3. Service Warranty:
Rotex warrants that it will exercise due care and competence in the performance of any Services. Any claim for breach of the foregoing warranty must be made by written notice to Rotex within sixty (60) days of performance of such Services. If Rotex does not re-perform the Services as warranted, Owner will be entitled to recover the pro-rata portion of the amount paid to Rotex for such deficient Services.
4. Parts Warranty:
Any parts provided without charge (“Excluded Items”) are provided “as is” and without warranty other than such warranty as provided by the Excluded Items’ manufacturer. Any parts purchased by Owner and provided in connection with the Services will be free from defects in material and workmanship for one (1) year from the date of Service. THE FORGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRATIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. In the event of a breach of forgoing warranty, Rotex will, at its option, either: i) refund the purchase price of the part; or ii) repair or replace the defective part (s). Remedies do not extend to any parts which have been subject to misuse, neglect, accident, or to Equipment used in violation of instructions furnished by Rotex, or to Equipment which has been repaired or altered by anyone other than personnel authorized by Rotex. The forgoing is Owner’s sole and exclusive remedy for any claim. A charge of $250 will be added for any emergency parts requested outside Rotex’s normal business hours (7:30 am – 4:00 pm ET).
5. Technical Support:
Rotex will provide or cause to be provided telephone support during Rotex’s normal business hours (7:30 am -4:00 pm ET) to answer any questions from or provide technical support to Owner.
6. Other Services:
Owner will receive priority service for any non-covered repairs, subject to Rotex’s prior commitments, at Rotex’s then standard rates. Rotex may attempt to resolve any issues via telephone, and reserves the right to determine the need for any on-site visit to Owner’s facility. Any special services requested by Owner (e.g., safety courses, training, etc.) may be attended by a Rotex employee at a rate of $200 per hour. Any contractor pre-qualification requirements will be invoiced to owner for all costs and labor.
7. Cooperation and Access:
Owner shall reasonably cooperate with Rotex so as to facilitate Rotex’s performance of the Services. Such cooperation shall include, but not be limited to, advising Rotex in advance of any visit of any required documentation (insurance certificates, etc.) and providing access to the Equipment. Service calls will be made by Rotex during Owner’s regular business hours unless otherwise agreed by Rotex and Owner.
8. Limitation of Liability:
In no event will Rotex be liable for any incidental, consequential, punitive or special damages of any kind. In no event will Rotex’s total liability exceed the amount paid by the Owner.
9. Remedies upon Default:
Upon Owner’s default, Rotex may immediately terminate this Agreement. Such termination will not serve to waive or release Owner from any obligations hereunder. No refunds shall be made by Rotex as a result of any termination.
10. Governing Law:
This Agreement shall be governed by and construed in accordance with the internal laws of the State of Ohio without regard to conflict of law statutes. Each party submits to the exclusive jurisdiction of any state or federal court sitting in Hamilton County, Ohio, in any action or proceeding arising out of or relating to this Agreement.
11. Entire Agreement:
This Agreement represents the entire agreement between the parties hereto with respect to the subject matter hereof, and supersedes any prior negotiations, representations or agreements, either written or oral. This Agreement may be amended or modified only by a writing signed by both Owner and Rotex.
Effective: January 1, 2023