TERMS & CONDITIONS
Billing: 70% deposit, 30% on shipping Net15 All deposit Payments are due on Receipt (Due before work progresses). Unless stated otherwise specifically in a proposal, Cybernetics will issue further monthly invoices, which are all NET15. Project progress payments will generally be defined in the proposal, or can be considered to be progress against a commercial summary in a proposal. We do accept major credit cards with a service fee. Longer lead-time projects may be termed at 50% deposit, 40% on ready to ship and 10% with existing accounts and prior approval from Cybernetics. For all our technical services work, Cybernetics charges hourly, 4-hour minimum call-out times, expenses at 15%, Travel time and millage fees will apply.
Labor estimates, including programing, commissioning and field service are estimates only, with the actual hours (and minimum charges) being invoiced. Estimates are not to imply a maximum charge, nor any other implication – they are estimates based on experience. Too many factors affect labor of the type we do, factors out of our control, and therefore estimates must remain estimates only.
Shipping: Unless otherwise stated in writing, all shipping is FOB Cybernetics. All shipping, crating, duty, brokerage fees, taxes, bonds, storage, expediting, and related costs will be charged at cost back to the customer, on top of estimate above. Shipping insurance and any liabilities of shipping are the customer’s cost and responsibility.
Customer, Consigned or Free issued equipment: Any customer equipment stored at, being worked on, or simply being in Cybernetics building is not the responsibility of Cybernetics. Customers must maintain issuance, and/or accept the risks of fire, theft, flood or any damage to their equipment while in Cybernetics shop. Any equipment in shipping is the also the responsibility of the customer; equipment ships FOB from our shop with complete customer responsibility to assure proper shipping, with insurance, is used.
Performance: Final application performance results are responsibility of the customer as process knowledge in the final application is out of Cybernetics’s Scope. We simply assemble manufactured components into integrated packages, with CSA/UL508a certifications. Any performance figures given by us are based upon the manufacturers experience and are such as we expect to obtain on tests in our works. We shall be under no liability whatsoever, whether for damages or otherwise for failure to attain such figures unless we have specifically guaranteed and warranted such performance figures subject to the recognized tolerance applicable. Where performance or production figures are specified these are based on experience obtained during tests and the Seller will not liable for failure to obtain equivalent results on any specific installation. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR OTHERWISE EXCEPT AS HEREIN EXPRESSLY SET FORTH. If any modifications are required to meet performance specifications, the Seller reserves the right to make these modifications at its discretion only.
Terms are as stated: The sellers’ deliverables are not affected by the customers commissioning and operation; as such our terms and conditions remain regardless of the customers’ installation schedule or performance. Only defective equipment is warranted per equipment manufactures warranty(only) – final application performance results are responsibility of the customer. Most specifically in the circumstance where we build panels or systems to customers design then the Cybernetics price and support are based solely on the parts provided by us as warranted by the manufacturer; no performance nor other liability or warranty is granted.
Equipment Support Scope: Cybernetics strives to provide quality systems for all our customers. Any support, warranty, liability, implied or otherwise is limited to equipment, and control of equipment, machines, or control of machines directly provided by Cybernetics. Any equipment, or control of equipment, machines or control of machines not provided by Cybernetics can only be supported under our normal terms, conditions and service rates regardless of warranty period; warranty and support; service does not extend to equipment or machines not supplied by Cybernetics in any situation. Warranty and support where applicable are explicitly limited to equipment and control of equipment supplied by Cybernetics.
Remote service unless explicitly stated in a contract is chargeable at our normal service rates regardless of situation. After hour call outs unless explicitly stated in a contract is chargeable at our normal service rates regardless of situation with a four hour minimum charge.
Warranty: Hardware and manufacturing defects are covered during the warranty period per the hardware manufactures warranty (only). Shipping and labor are not covered in the warranty unless explicitly covered in the hardware manufactures warranty. Software changes in the warranty period (including reloading of programs, reloading operating systems, configuration changes, configuration reloading, firmware upgrades, re-tuning of commissioned systems, any remote support) are performed at Cybernetics’s normal rates. Software changes outside of the warranty period are made at normal engineering rates. Non-warranty rates will be dictated by current Cybernetics’ rate sheets at the time of the service.
Installation, Commissioning, Startup and Field Service: Supervision by Cybernetics’s technicians of equipment installation, start-up and operation is available at per diem rates, but is not included in the price unless specifically stated in the price estimate. Typically, an estimate may be provided, or “allowances” for a number of hours clearly defined in proposals, however, any work beyond these estimates will be charged in full per our daily rates. Commissioning by definition is the operation of equipment for the first time or after a major upgrade/change; therefore commissioning has some inherent risks both in terms of equipment damage and/or operational delays. Cybernetics in no way accepts responsibility for the results of these known risks. When a customer enters into a commissioning, it is explicit that they are aware of and accept the risks and any associated liabilities. All wiring, piping and setting of machines shall be performed by the Buyer’s mechanics or contractors at the Buyer’s expense and should be done prior to arrival of Cybernetics’s serviceman to maximize benefits from the serviceman’s call. The design and construction of equipment, equipment foundations, grounding, etc. shall be the responsibility of the Buyer. Foundations must be constructed to prevent equipment distortion during operation. Price quotations do not include structural, ambient, and electrical nor source supply changes required to the Buyer’s premises for the installation of machinery or equipment included in the goods or parts thereof. All equipment must be installed according to manufactures manuals.
Limitation of Liability: The maximum liability of CYBERNETICS under or in connection with the Services whether caused by the negligence of CYBERNETICS, its servants, agents sub-contractors or otherwise will not exceed the amounts which have been paid for our services by the Customer. CYBERNETICS will not be liable to the Customer for any of the following: loss of profit, loss of revenue, loss of savings, loss of opportunity, loss of business and loss of goodwill (in each case whether direct or indirect) or for any indirect loss, damage, costs, expenses and other claims (whether caused by the negligence of CYBERNETICS, its servants, agents sub-contractors or otherwise) which arise out of or in connection with the Services or the Contract. All projects are done under the customers insurance, with Cybernetics insurance only being applied as secondary coverage.
COOLING: All cooling calculations, if applicable, are based on typical weather of the area (Wet Bulb). All cooling calculations are based on pressures, flows, and temperature/heat load information provided by customer. Pump and auxiliary systems are all sized based on the cooling calculation data.
SIL / Safety codes: Systems are not designed to any specific SIL safety level. All Safety and code requirements beyond what has been provided are the responsibility of the customer. This may include municipal, local, provincial or federal codes.
LIQUIDS: If applicable where our equipment may be used for liquid pumping, note that in the case of a leak or bad liquid connection to/in customer’s equipment, emergency stop will only stop the pumps and cooling system; liquid may continue to leak via residual pressure and/or gravity until the leak condition is diminished. The customer’s facility must be properly equipped (drains etc.) to handle these situations. Liquid under pressure can also spray if a connection or similar fails – equipment surrounding this system should take this into account. C ybernetics is not providing any drainage systems should there be a leak (or requirement to release liquids inside to change a part etc.). The customers’ facility must be equipped appropriately for operations and maintenance of this type of equipment, which involves liquids under pressure. No leak detection system provided.
ZONE/CLASS Systems not designed to meet any specific area classification/rating. Customer is to assure that running equipment where mounted is acceptable, running the control screens is acceptable, and having the cold/hot liquid pipes inside is acceptable in terms of safety and area concerns if any. This system may involve electricity, liquid, cooling and heat; it is not specifically design for any Class/Div or Zone rating.
Coolant: Customer to provide coolant (water or glycol/coolant as required) in exchanger cooling loops if applicable.
GLYCOL: If Cybernetics equipment is used in any way in conjunction with Glycol or similar liquids (i.e. Cooling systems) in the customers final application, the customer must be aware of any/all environmental impacts and concerns those liquids may involve. Also, the customer must assure the water or coolants used will not harm the machines they are cooling.
Installation: (Electrical/Plumbing connection to building) not included.
Seismic – altitude: Systems not designed to meet any specific seismic or altitude manufacturing ratings; however, YVR temperature/weather averages were used in the cooling calculations if applicable.
Weather: Customer must be aware of weather conditions, and consider winter freezing of system is a possibility.
Location: Customer is to assure physical space is available and safe for the equipment, inside and outside, as well as access for the larger parts.
Data: If any type of data storage, forwarding, reporting, archiving or alarming is included in the supply, Cybernetics offers this service as a feature only. Such data services are not intended to be the customer’s final backup, which the customer is responsible for. As such, any lost, missing, corrupted data storage, forwarding, archiving, reporting or alarming is not the end responsibility of Cybernetics, and it remains the responsibility of the customers to maintain data backups and systems according to their own needs, risks and liabilities. We offer neither warranty nor assurances, implied or otherwise, on data based services.
Equipment Connections, Remote Links, Satellite Links, Cellular Connections: While Cybernetics is proud to be supported and trained in several technologies to help provide reliable connections to remote locations, the connection itself is not within Cybernetics’s Control. Satellite, Cellular, Wifi, Network and even cable connections can and do fail at times. Many factors come into play with connections to machines or systems, including but not limited too large infrastructures not controlled by Cybernetics, weather, solar flares, cable damage, computer viruses, power outages, blocked line of sight, radio and solar interference, and/or EMI/RFI. As such, no system should ever be designed such that damages nor injuries can occur should a remote connection fail. Cybernetics accepts neither responsibility nor liability for any result of a failed, weak or intermittent connection via Satellite, Cellular, Wifi, Network, cable connection, nor any connection.
Harmonics: Any Harmonics, Leakage current, TIF, RFI or “Electrical Noise” as defined by customers specifications, including references to I.E.E.E. specifications and similar are referred back to the device manufactures specifications and warranty only. All manufactures specifications on these topics, including VFD and Filters, are publically published and should meet requirements. If the device, and optionally provided filters if applicable, fail to satisfy the customers installations requirements Cybernetics is not liable beyond manufactures warranty if applicable (as we do not manufacture the equipment). For our regular service rates, we do have very high-end analytic equipment and data loggers available for investigation of harmonics/RFI/TIF issues, which are often caused by a combination of equipment and power source issues (not any one VFD).
Wiring: While we strive to assure all devices are wired, and certified, to your drawings final application, and confirmation of all wiring in terms of accuracy, tightness of connections, proper sizing remain the final responsibly of the customer. Cybernetics simply supplies manufactured equipment mounted into integrated enclosures – final installation and application are the customers responsibility.
Applications: Equipment provided is designed to control industrial machines, by example controlling the speed of electrical motors and monitoring sensors as defined in UL508a. Cybernetics builds to UL508a (CuL) only. Cybernetics provided equipment may NOT be used for the following applications nor any applications requiring further approvals without the customer first providing ALL required certifications, approvals and engineering reviews (not provide by Cybernetics): Flame safety supervision of combustible fuel type equipment, elevator control, crane or hoist control, service equipment use, marine use, Fire pump controllers, hazardous locations (UL 698A), fire-protective signaling (UL 864) swimming pools and spas (UL 1563) Equipment for the control of fuel cells, photovoltaic systems, or utility interactive systems (UL 1741) Electrical equipment in water, submersible pumps, Emergency alarm equipment (UL2017), Equipment for gas or vapor detection, Equipment primarily intended to energize or de-energize electrical loads to achieve the desired use of electrical power.