BOLTEK products are sold subject to the terms and conditions of this Agreement.
ADVISORY USE ONLY!
BOLTEK LIGHTNING DATA SHOULD ONLY BE USED AS PART OF A COMPREHENSIVE LIGHTNING SAFETY PROGRAM.
EXTREME WEATHER CAN BE UNPREDICTABLE AND BEYOND THE ABILITY OF HUMANS OR MACHINES TO ACCURATELY PREDICT. LIGHTNING SAFETY EDUCATION AND READILY AVAILABLE SAFE SHELTER SHOULD BE THE PRIMARY COMPONENT OF A LIGHTNING SAFETY PROGRAM.
ALL ELECTRONIC AND MECHANICAL SYSTEMS ARE SUBJECT TO RANDOM FAILURE AND SHOULD HAVE REDUNDANT AND/OR BACKUP SYSTEMS IN PLACE, INCLUDING BUT NOT LIMITED TO, NATIONAL WEATHER SERVICE ADVISORIES AND WARNINGS, HUMAN WEATHER OBSERVATION AND REPORTING, AND MANUAL ALERTING.
SMS TEXT MESSAGE AND EMAIL CAN BE UNRELIABLE. SMS TEXT MESSAGE AND EMAIL SHOULD NOT BE USED AS A PRIMARY MEANS OF ALERTING. Lights and horns are more reliable as primary alerting means.
WINDOWS SOFTWARE CAUTION. ERL-10 Status Monitor Software runs under the Windows operating system. Windows will often reboot unexpectedly. Software can also hang or freeze up unexpectedly. When using the ERL-10 Status Monitor Software for alerting, the software must be supervised, such as in a control room or security office, to ensure that it is running properly, displaying live continuously updating data.
GREEN LIGHTNING STATUS AND LIGHTNING SAFETY
A Green Lightning Status indicates that the lightning detection system is running without any detected faults, and that no lightning is being detected by the lightning detection system within your Caution Zone or Warn Zone. A GREEN LIGHTNING STATUS INDICATION DOES NOT INDICATE THAT EVERYTHING IS SAFE, in the same way that a green traffic light does not indicate that it is safe to proceed into traffic.
IT IS IMPORTANT TO ALWAYS MONITOR THE SKY FOR THREATENING CLOUDS AND SEEK SHELTER, WHEN NECESSARY, EVEN UNDER A GREEN LIGHTNING STATUS INDICATION. Remember, the first lightning strike must strike somewhere. Part of lightning safety training for staff should include this information. A green indication means only that the lightning alert system is operating without any detected faults.
Weather Safety assessments need to be made using all available information, including detected lightning, watching and listening for lightning, timely weather forecasts, and watching for threatening clouds.
WHEN INSTALLING A LIGHTNING ALERT SYSTEM IN A PUBLIC AREA for the untrained public, you may choose to NOT connect the Green indicator light. The system will alert on Yellow Caution and Red Warn as usual but will not show the Green All-Clear indicator. This can prevent confusion with the public falsely believing that “Green means safe”.
LIGHTNING SAFETY
For lightning safety information, Google “Lightning Safety” and visit the lightning safety web pages of:
- National Weather Service
- National Oceanic and Atmospheric Administration
- Occupational Safety and Health Administration
- Centers for Disease Control and Prevention
- Your local government safety council or emergency management organization
Safety is a complex topic which requires an understanding of your specific risks, and what precautionary measures are reasonable and appropriate in your specific circumstance. Consult with your local professional association to determine what safety measures are standard and best practice for your industry or activity.
This document together with other documents referenced herein contains the terms and conditions relating to Boltek Corporation (“BOLTEK”) sales to its Customers (including dealers and distributors) and supersedes all prior understandings, policies, terms and conditions or purchase orders, representation and warranties including those in marketing and promotional materials. The terms and conditions herein apply to all sales of products and services to Customers of BOLTEK (being original purchasers of BOLTEK products).
SOFTWARE LICENSE AGREEMENT
1. Grant of License
Subject to the terms and conditions of this Agreement, Boltek Corp (“Licensor”) hereby grants to customer (“Licensee”) a non-exclusive, non-transferable license to use Boltek’s software products for the purpose of detecting lightning.
2. Restrictions
Licensee shall not:
a) Copy, modify, or create derivative works of the Software
b) Reverse engineer, decompile, or disassemble the Software
c) Sublicense, rent, lease, or transfer the Software to any third party
d) Remove or alter any copyright notices or other proprietary markings on the Software
3. Ownership
Licensor retains all right, title, and interest in and to the Software, including all intellectual property rights therein.
4. Term and Termination
This license is effective upon Licensee’s acceptance and shall continue until terminated. Licensor may terminate this license immediately if Licensee breaches any of its terms.
5. Disclaimer of Warranty
The Software is provided “as is” without warranty of any kind, express or implied.
6. Limitation of Liability
In no event shall Licensor be liable for any damages arising out of the use or inability to use the Software.
7. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Ontario Canada.
8. Entire Agreement
This Agreement constitutes the entire software agreement between the parties with respect to the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. By using the Software, Licensee agrees to be bound by the terms of this License Agreement.
TERMS AND CONDITIONS OF SALE
1. Payment Terms
Payments must be remitted in the currency specified by BOLTEK, or if not so specified, in U.S. dollars. Credit terms may be available, at the sole and absolute discretion and according to the decision of BOLTEK’s credit department. BOLTEK shall be entitled, at its sole and absolute discretion, to review and withdraw any extension of credit if, in BOLTEK’s opinion, the Customer’s financial or payment record so warrants.
Customers with open account credit terms shall pay all invoices within thirty (30) days from the date of invoice. Invoices unpaid past thirty (30) days shall be considered overdue. In such case, all further shipments may be curtailed or delayed until payment has been brought up to date, at the sole and absolute discretion of BOLTEK. On past due accounts, Customer shall pay, on the unpaid balance, a late payment charge of 2.0% per month (24% per annum), but not in excess of the lawful maximum.
Orders from Customers without credit terms must be prepaid according to the instructions on the “PRO-FORMA INVOICE” produced on receipt of orders or on the on-line order form.
2. Security Pending Payment
The Customer hereby grants and BOLTEK reserves a purchase money security interest in each product purchased by the Customer and in any proceeds thereof, for the amount of the purchase price owing to BOLTEK. The Customer hereby agrees BOLTEK is entitled to take any action to perfect its security interest over products not fully paid for.
3. Pricing
All prices are subject to immediate change by BOLTEK without prior notice. All prices are NET and include all applicable discounts. Unless otherwise stated in writing by BOLTEK, any applicable taxes, duties, freight, insurance, or broker fees are not included in the pricing.
4. Product Specifications
Product specifications may be modified without prior notice or without the Customer being specifically informed.
5. Order Confirmation Procedure
All orders are subject to acceptance by BOLTEK and no sales are final until shipped by BOLTEK. Shipping dates are set according to product availability and may deviate, at BOLTEK’s sole and absolute discretion.
6. Cancellation Not Permitted
Unless otherwise stipulated, Customers are not permitted to cancel or modify a product order without a cancellation charge being levied.
7. Withdrawal of Product
BOLTEK may at any time, without notice, withdraw any goods from sale and shall not be obligated to fill any order for goods withdrawn from sale.
8. Delivery Dates
Projected delivery dates are estimated upon receipt of order and on the assumption of the absence of delays, direct or indirect. For reasons beyond BOLTEK’s control, some orders may be delayed even after shipment confirmation.
9. Shipping
All orders are shipped Ex-Works from BOLTEK warehouses, unless otherwise confirmed in writing by BOLTEK. The Customer shall pay all freight charges regardless of method of shipping, unless otherwise confirmed in writing by BOLTEK.
10. Invoicing or Shipping Errors
Shipping errors or shortages must be reported to BOLTEK within ten (10) days of receipt of shipment. Invoicing errors must be reported within thirty (30) days from date of invoice.
11. Limited Warranty
The sole warranty which BOLTEK provides is the Limited Warranty attached hereto as Schedule “A”.
12. Product Return, Exchange or Credit Procedure
Returned merchandise will be accepted for factory repair, exchange, or credit provided that the Customer obtains in advance, an approved Return Merchandise Authorization number (RMA) from BOLTEK Customer Service. All out of warranty repairs carry a minimum repair charge.
To obtain an RMA number, Customer must contact BOLTEK Customer Service and provide:
a) The model number of the unit to be returned
b) The serial number of the product, and, if requested, the original invoice number
c) The reason for the return
d) A satisfactory method of payment for eventual charges
e) Upon BOLTEK’s issuance of an RMA number, Customer shall return the unit(s) freight pre-paid with the RMA number clearly marked outside the shipping carton.
13. Governing Law and Jurisdiction
This Agreement is made, executed, and delivered in Ontario, Canada, and any controversy arising hereunder shall be governed by and construed in accordance with the domestic laws of the Province of Ontario.
14. Modification of Terms and Conditions
Any modifications or departure from these terms and conditions must be written and approved by an authorized signing officer for BOLTEK. BOLTEK reserves the right to modify these terms.
15. Export Restrictions
Customer shall not export or re-export any Boltek products to any country, person or entity, without BOLTEK’s prior written consent.
16. NOT A LIGHTNING SAFETY WARNING DEVICE
BOLTEK PRODUCTS ARE INTENDED FOR METEOROLOGICAL AND SCIENTIFIC APPLICATION. WHILE THEY CAN PROVIDE VALUABLE WEATHER DATA, BOLTEK PRODUCTS ARE NOT FAULT TOLERANT AND ARE NOT DESIGNED, MANUFACTURED, OR INTENDED OR RECOMMENDED FOR USE OR RESALE AS LIGHTNING SAFETY OR LIFE-SAFETY DEVICES OR AS ONLINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE.
17. Entire Agreement
With the exception of any BOLTEK Software License Agreement which may accompany any BOLTEK product and govern the terms and conditions of any software which accompanies the Product, it is understood that the foregoing terms and conditions are the complete and exclusive agreement between the Customer and BOLTEK which supersedes any proposal or prior agreement or license, oral or written, and any other communications related to the subject matter of this Agreement.
If you have any questions about these Terms and Conditions, write to BOLTEK at Boltek Corporation, 4 Stonebridge Dr Unit 2, Port Colborne, Ontario L3K5V5, Canada or call BOLTEK at (905) 734-8045.
SCHEDULE “A” — BOLTEK LIMITED WARRANTY
(a) Limited Warranty
Unless otherwise stated, and except as set forth herein, BOLTEK warrants the original purchaser that for a period of twelve months, the product shall be free of defects in materials and workmanship under normal use. The warranty period commences with the date of shipment from BOLTEK. During the warranty period, BOLTEK shall, at its option, repair or replace any defective product upon return of the product to it, at no charge for labour and materials, or refund the purchase price upon return of the product to BOLTEK, all at BOLTEK’s sole option. Any replacement and/or repaired parts are warranted for the remainder of the original warranty or ninety (90) days, whichever is longer. The foregoing warranty shall apply only to the original purchaser, and shall not be extended to any subsequent owner of the product.
There is absolutely no warranty granted herein on software and all software products are sold as a user license under the terms of the software license agreement included with the product.
(b) Conditions to Void Warranty
This warranty applies only to defects in parts and workmanship relating to normal use. It does not cover:
- Damage incurred in shipping or handling
- Damage caused by disaster such as fire, flood, wind, earthquake or lightning
- Damage due to causes beyond the control of BOLTEK such as excessive voltage, mechanical shock or water damage
- Damage caused by unauthorized attachment, alterations, modifications or foreign objects
- Damage caused by peripherals (unless such peripherals were supplied by BOLTEK)
- Defects caused by failure to provide a suitable installation environment
- Defects caused by lightning strikes to lightning sensors or antennae
- Damage caused by use of the products for purposes other than those for which they were designed
- Damage from improper maintenance
- Damage arising out of any other abuse, mishandling or improper application
(c) Items Not Covered by Warranty
In addition to the items which void the Warranty, the following items shall not be covered: (i) freight cost to the repair centre; (ii) customs fees, taxes, or VAT that may be due; (iii) products which are not identified with BOLTEK’s product label and serial number; (iv) products disassembled or repaired in such a manner as to adversely affect performance or prevent adequate inspection or testing.
(d) Limitation of Damages
BOLTEK’s liability for failure to repair the product under this warranty after a reasonable number of attempts will be limited to a replacement of the product, as the exclusive remedy for breach of warranty. Under no circumstances shall BOLTEK be liable for any special, incidental, or consequential damages based upon breach of warranty, breach of contract, negligence, strict liability, or any other legal theory.
(e) DISCLAIMER OF WARRANTIES
EXCEPT AS SPECIFICALLY PROVIDED FOR ABOVE, THIS WARRANTY CONTAINS THE ENTIRE WARRANTY FOR BOLTEK PRODUCTS AND SHALL BE IN LIEU OF ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED (INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) AND OF ALL OTHER OBLIGATIONS OR LIABILITIES ON THE PART OF BOLTEK. BOLTEK NEITHER ASSUMES, NOR AUTHORIZES ANY OTHER PERSON PURPORTING TO ACT ON ITS BEHALF TO MODIFY OR TO CHANGE THIS WARRANTY, NOR TO ASSUME FOR IT ANY OTHER WARRANTY OR LIABILITY CONCERNING THE PRODUCT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PRODUCT REMAINS WITH THE CUSTOMER.
(f) Out of Warranty Products
Products outside of the warranty period may be submitted for repair at BOLTEK’s then-current repair rates.
(g) Limitation Period re Warranty Claims
Any action or claim arising out of this Warranty must be brought by CUSTOMER within one year of the CUSTOMER becoming aware of the facts pertaining to a potential action or claim.
(i) Governing Law
This disclaimer of warranties and limited warranty are governed by the domestic laws of the Province of Ontario, Canada. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement does not apply and is strictly excluded.