Terms and Conditions
The use of this site is governed by the policies, terms and conditions set forth below. Please read them carefully. Your use of this site, and/or your placement of an order indicates your acceptance of these terms and conditions. Your submittal of any purchase order to AUTOMATIC DEVICES COMPANY indicates acceptance of these terms and conditions. These terms and conditions shall supersede any subsequent terms or conditions included with or printed on any purchase order, whether or not such terms or conditions are signed by AUTOMATIC DEVICES COMPANY. AUTOMATIC DEVICES COMPANY reserves the right to make changes to this site and these terms and conditions at any time.
Users of the AUTOMATIC DEVICES COMPANY Internet site may use the site to review content and make a single copy of pages from the site on their hard drive or in print for their own personal, non-commercial use. No other use of information is authorized. In consideration of this authorization, Users agree that any copy of these materials will retain all copyrights, trademarks and other proprietary notices in the same form and manner as on the original.
Copyright and Trademark Notice
This site is owned and operated by AUTOMATIC DEVICES COMPANY. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of AUTOMATIC DEVICES COMPANY, Copyright 2019, ALL RIGHTS RESERVED. You may use the content of this site only for the purpose of informing yourself of AUTOMATIC DEVICES COMPANY products and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without AUTOMATIC DEVICES COMPANY’s prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of AUTOMATIC DEVICES COMPANY. All other trademarks or service marks are property of their respective owners. The use of any AUTOMATIC DEVICES COMPANY trademark or service mark without AUTOMATIC DEVICES COMPANY express prior written consent is strictly prohibited.
Disclaimer and Limitation of Liability as to Products Sold
LIMITED WARRANTY: Automatic Devices Company warrants that the goods manufactured and sold by it will be of the kind and quality described in the order or contract and will be free of defects in workmanship or material for a period of one year after shipment. Should any failure to conform to this warranty appear within that one year period, Automatic Devices Company shall, upon notification thereof and substantiation that the goods have been stored, installed, maintained and operated in accordance with Automatic Devices Company's recommendations and standard industry practice, and that no modifications, substitutions or alterations have been made to the goods without Automatic Devices Company's written approval, correct such defect by suitable repair or replacement. Automatic Devices Company reserves the right in its sole discretion and for its sole benefit, and without waiving any of the conditions precedent to the effectiveness of its foregoing warrant obligation, to inform the end user of the goods that the purchaser hereunder has failed to pay the purchase price for the goods and that, as a result, Automatic Devices Company shall not be obligated to honor its warranty obligation hereunder. To permit Automatic Devices Company to determine how to correct any such defect, seller shall return the allegedly defective goods FOB seller's factory for inspection. Any such goods replaced or repaired by Automatic Devices Company shall be returned to buyer FOB seller's factory. Upon prior written approval of Automatic Devices Company, seller shall be responsible under this limited warranty only for shipment of any replacement parts FOB seller's factory. The warranty granted herein shall not become effective until the goods sold have been paid for in full. The warranty does not apply to unusual, unique, untested or unconventional use and application, nor does it apply to cubicle curtains. The warranty does not apply to goods and/or services involving special designs.
ORAL STATEMENTS DO NOT CONSTITUTE WARRANTIES. The representatives of Automatic Devices Company are not authorized to make oral warranties about the merchandise described in this contract. Automatic Devices Company's salesmen's ORAL STATEMENTS DO NOT CONSTITUTE WARRANTIES, shall not be relied upon by the buyer, and are not part of the contract for sale. Thus, this writing is a final, STAGE AND STUDIO HARDWARE MANUFACTURER SINCE 1919 AUTOMATIC DEVICES COMPANY 2121 SOUTH 12TH STREET / ALLENTOWN / PENNSYLVANIA / 18103 / PHONE 610-797-6000 / FAX 610-797-4088 complete and exclusive statement of the terms of that contract. Unless a statement in this Agreement is specifically identified as a warranty, the statements made in this Agreement or any other documentation by Automatic Devices Company relating to its products are not warranties and do not form part of the basis of the bargain but are merely made in the course of the negotiations of the parties.
THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHER WARRANTY OF QUALITY, WHETHER EXPRESS OR IMPLIED. Correction of non-conformities as provided above shall constitute fulfillment of all liabilities of Automatic Devices Company to the purchaser, whether based on contract, negligence, strict tort or otherwise. Goods not manufactured by Automatic Devices Company are sold and warranted only to the extent and in the manner warranted to Automatic Devices Company by the manufacturer and only to the extent that Automatic Devices Company is able to enforce such warranty. Furthermore, any goods that are used for personal, family or household purposes are sold AS IS.
LIMITATION OF LIABILITY: Automatic Devices Company shall not under any circumstances be liable for special or consequential damages. The remedies of the buyer set forth herein are exclusive, and the liability of Automatic Devices Company whether arising out of contract, negligence, strict tort, or under any warranty, or otherwise shall not, except as expressly provided exceed the price of the goods upon which such liability is based. Back charges will not be accepted. Automatic Devices Company's warranty is invalid if its curtain machinery is used in conjunction with track not of its manufacture. Furthermore, Automatic Devices Company is not responsible for any failure of its equipment to operate properly when installed, unless prior to accepting the order, Automatic Devices Company has been furnished by the buyer with all information, instructions and drawings relating to the proposed installation of the equipment and to existing job site conditions.
AUTOMATIC DEVICES COMPANY reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed over $2000.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our business and credit office. We may require additional verifications or information before accepting any order.
AUTOMATIC DEVICES COMPANY may change prices, specifications or discontinue any item without notice. Closeout items are sold "as is" with no returns allowed. Credit cards will be PRE-authorized for 10% more than the total of the order, and the actual total will be charged at time of shipment.
Dimensions, Specifications, Designs and Weights
All dimensions and specifications shown in the catalog are subject to change without notice. Catalog dimensions are approximate only. In the interest of improving the operation, appearance, and production of our equipment, Automatic Devices Company reserves the right to make design changes at any time without giving prior notice to the trade. Weights shown in our catalog are approximate only and do not include weight of boxing for shipment unless otherwise stated.
All prices are quoted in US Dollars ($US,) and are quoted FOB warehouse. AUTOMATIC DEVICES COMPANY reserves the right to determine the optimal warehouse from which to ship, and to charge freight accordingly from that warehouse. All orders which can be shipped by UPS shall be so shipped, unless requested otherwise, with the cost being added to the primary charge or invoice. Orders too large to ship via UPS shall be shipped common carrier freight collect, unless prior arrangements are made between the customer and AUTOMATIC DEVICES COMPANY. Shipping quotes for international orders do not include local brokerage, duties and taxes.
Shipping dates are approximate and are based upon prompt receipt of all necessary information. Automatic Devices Company shall not be liable for delays in delivery or failure to manufacture or deliver due to causes beyond its reasonable control. Though Automatic Devices Company is not liable for damages to goods suffered in transit after exit from seller's factory, it is suggested that if these goods are delivered damaged, they not be accepted until the carrier's agent has noted on the Freight Bill the nature and extent of the damage. In the same manner, if any goods are lost in transit, shortages should be noted on the Freight Bill. If there should be damage or loss of such a nature that it could not be detected until the goods were unpacked, have the carrier's agent call at once and make inspection. You should be given a "Concealed" Bad Order Report, stating the condition of the goods when examined. Claims for goods damaged in transit should be referred to the carrier's claims department.
AUTOMATIC DEVICES COMPANY shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within California, New Jersey, New York, Illinois, Indiana, Texas, Connecticut, Pennsylvania, Arkansas, Florida, South Carolina, Michigan, Massachusetts, Nevada and any other state that may require tax collection subsequent to the writing of this document. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state.
All requests for permission to return merchandise shall be in writing and should contain reasons for return, description, and quantity of merchandise, invoice number and date covering original shipment. Shipments of merchandise accepted for return must be prepaid. A handling charge will be imposed on all used and unused equipment returned for credit, the amount dependent upon the type and age of merchandise returned. A refinishing and restocking charge will be imposed on all used equipment returned for credit. Curved tracks, custom-made goods, such as cubicle curtains, and cord or cable in individual coils of under 250 feet, are not returnable under any circumstances.
Time Limit on Commencing Legal Action
An action against Automatic Devices Company arising out of the sale of goods or equipment must be commenced within one (1) year from the date of the right, claim, demand or cause of action first occurred or be barred forever.
Jurisdiction and Venue
You agree that any legal action brought against AUTOMATIC DEVICES COMPANY shall be governed by the laws of the State of New York without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the AUTOMATIC DEVICES COMPANY sites shall be an appropriate federal or state court located in the County of Hudson, New Jersey.
AUTOMATIC DEVICES COMPANY provides curtain track, machines, rigging equipment, hardware, and supplies to rigging professionals and is not responsible for the use or misuse of any equipment or supplies sold. If you are unsure of the suitability of any hardware, please contact technical services or consult a trusted rigging professional for guidance. The user assumes full responsibility for the proper use and installation of any and all hardware provided by AUTOMATIC DEVICES COMPANY.
Products are NOT eligible for return or exchange. All sales are final. We will not ship to a domestic freight forwarder. Please contact Customer Service for warranty issues. AUTOMATIC DEVICES COMPANY assumes no liability for the used or misuse of any equipment – use at your own risk.
The products offered by AUTOMATIC DEVICES COMPANY are not intended for the use of suspending or “flying” performers. Please contact a performance flying specialist for these services. Take the time to fully read and understand the information presented in our catalog/website, as well as the instruction for use that come with the products. Gaining adequate training is your own responsibility.
The information presented on this website is believed to be correct at the time of posting but it is not guaranteed to be exhaustive, correct, understandable, or up-to-date. AUTOMATIC DEVICES COMPANY reserves the right to modify this information at any time. Contact AUTOMATIC DEVICES COMPANY if you have any doubt or difficulty in understanding the information presented on this site.