TERMS AND CONDITIONS
Under this trade-in and trade-up program (the “Program”), during the “Program Period” (defined in Section 4 below), eligible customers of Fluke Reliability, a group within Fluke Electronics Corporation (“Sponsor”), may trade-in any Fluke Reliability Old or Similar Product (as defined below) and specified in Section 5 below to receive up to 15% off a new shaft alignment, geometric, or condition monitoring tool (“New Product”) directly from Fluke Reliability in the United States
The discount available under the Program may not be combined with any other offer or redeemed for alternate products, services, cash, or credits except as expressly authorized in these terms and conditions.
“Old Product” means all Fluke Reliability shaft alignment, geometric, or condition monitoring tools. The Old Product must be traded-in for a New Product.
“Similar Product” means any product from another vendor with similar application to Fluke Reliability Shaft Alignment, Geometric, or Condition Monitoring tools. In order to qualify for the Trade-In under the Promotion, the Similar Product must have an application that is similar to the product that will replace it.
The Program is void where prohibited by law. The Program is open only to companies located inside one of the 50 sates of the United States or the District of Columbia Persons must be at least 18 years of age. Only customers that are end-users and use the Eligible Products (defined below) for their own purposes are eligible to participate in the Program. Distributors, resellers, and similar parties are expressly excluded from participation in the Program. Employees, directors and officers of the Sponsor, its parent companies, affiliated companies, subsidiaries, distributors, representatives, and those persons’ immediate families (parents, siblings, children and spouse) and persons living in the same household (whether related or not) are not eligible to participate in the Program. Further, no employees, officers, directors, representatives or agents of (i) government entities, including government owned or controlled companies, (ii) distributors or (iii) competing tool manufacturers are eligible to participate in the Program.
Sponsor and each of its parent companies, subsidiaries, and affiliates, and their respective directors, officers, professional advisors, representatives, employees and agents (collectively, the “Released Parties”) will not be responsible or have any liability for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or purchase requests; (b) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures beyond Sponsor or the Released Parties reasonable control; (c) any Program disruptions, injuries, losses or damages caused by events beyond the reasonable control of Sponsor or by non-authorized human intervention; or (d) any printing or typographical errors in any materials associated with the Program.
4. Program Period
The Program starts at 8:00 PST on Monday, September 19, 2022, and ends at 5:00 p.m. PST on December 15, 2022 (the “Program Period”). Pacific Standard Time (PST) shall control for all purposes of the Program.
5. Program Details
The Old and Similar Products (together “Eligible Products”) are eligible to be traded in under the Program for the specified savings from current list price:
Rotalign, Optalign, Shaftalign, Levalign, Pullalign, Vibscanner 2, VibXpert 2, Vibguard
Rotalign – 15%
Optalign – 10%
Levalign – 10%
Shaftalign – 5%
Pullalign – 10%
Vibscanner 2 – 5%
VibXpert 2 -10%
To complete your trade-in of an Eligible Product, complete the following steps:
a) Include the promo code provided to you on your purchase order.
b) Place your purchase order value at the quoted list price that reflects the appropriate discount. Your Fluke sales representative will assist you with price quotations.
c) You must provide proof of discontinuance, destruction of the product including the serial number or, return your trade-in product within six weeks following delivery of the new product being received in exchange for the trade-in. To return the trade-in product, write the sales order number on the shipping carton and ship to: Fluke Electronics Corporation, 7821 Bartram Ave, Philadelphia, PA 19153.
The decision whether a trade-in product qualifies as an Eligible Product under the Program is at the sole and absolute discretion of Sponsor. The trade-in product must be in working condition. All instruments returned as a trade-in under this Program become the property of Fluke Electronics Corporation. All costs, taxes, customs duties, fees and expenses associated with a customer’s participation in the Program, including shipping and handling of trade-in products, are the responsibility of the customer. Any taxes/fees are the responsibility of the recipient.
6. Restrictions and Limitations of the Program
The Program is subject to all applicable federal, state, and local laws and regulations and is void where prohibited by law. The Program is also void in the United States territories and possessions and all other countries. Products that are not eligible include, without limitation, products not associated with vibration or alignment.
Each customer is limited to a discount of up to 15% on one (1) New Product for everyone (1) Eligible Product traded in.
The Program cannot be combined with any other discounts, coupons, credits, rebates or other special offers from the Sponsor applicable to the purchase of Eligible Product. No cash substitutes are allowed for any reason.
7. Release of Liability; Indemnification
To the maximum extent permitted by applicable law, by participating in the Program, you release and agree to indemnify and hold harmless each Released Party from any liability, obligation, injury, claim, suit, action, cost, expense, loss or damage of any kind, including any tax liability or loss of opportunity, whether direct, indirect, special, incidental or consequential, that may be imposed on, asserted against or incurred by such Released Party that arise out of or relate in any way to this Program and the products offered hereunder, including, but not limited to, where arising out of or relating to the following: (a) any technical difficulties or equipment malfunction (whether or not under Sponsor’s control); (b) any theft, unauthorized access or third party interference; (c) any entry that is late, lost, altered, damaged or misdirected (whether or not after their receipt by Sponsor, and whether or not in Sponsor’s control); (d) any damages due to the operation of the postal service or any courier; (e) any tax liability incurred by participant; or (f) use or misuse of the products offered under the Program.
The Program and these terms and conditions will be governed, construed and interpreted under the laws of the State of Washington, USA without applying any conflicts or choice of law provisions under such law that might refer the construction or interpretation of any term hereof to the laws of any other jurisdiction. Any action brought regarding the Program and these terms and conditions may only be brought in the state or federal courts located in the State of Washington, and each party to such action expressly consents to jurisdiction of those courts. If any provision of these terms and conditions is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and, provided that the fundamental terms and conditions of these terms and conditions remain legal and enforceable, the remainder of these terms and conditions shall remain operative and binding.
The customer is bound by these terms and conditions and by the decisions of Sponsor, which are final and binding in all respects. To the extent permitted by law, Sponsor reserves the right to change these terms and conditions at any time, in its sole and absolute discretion, and to suspend or cancel the Program or any customer’s participation in the Program should technical failures, computer viruses, fraud, human error, unauthorized human intervention or other causes beyond Sponsor’s control affect the administration, security, proper functioning, integrity or conduct of the Program, Sponsor otherwise becomes (as determined in its sole and absolute discretion) incapable of conducting the Program as planned, or for any other reason determined by Sponsor to be appropriate in its sole and absolute discretion.
These terms and conditions constitute the entire agreement governing the Program and binding the customer, and no other agreement, verbal or otherwise, shall be binding regarding the Program unless it is in writing and signed by Sponsor. In case of any conflict or inconsistency between any other documents relating to the Program and these terms and conditions, these terms and conditions shall control. To the maximum extent provided by law, no waiver of any provision of these terms and conditions will be implied from any course of dealings between the customer and Sponsor or from any failure by the customer or Sponsor to assert its rights hereunder on any occasion or a series of occasions. Eligibility to participate in the Program is non-transferable and non-assignable.
Any customer who violates these terms and conditions, violates any law, rule or regulation in connection with participation in the Program, tampers with the operation of the Program, or engages in any conduct that is unsportsmanlike, disruptive, or detrimental or unfair to Sponsor, the Program or any other participant (in each case as determined in Sponsor’s sole and absolute discretion) are subject to disqualification from participation in the Program and all other rights and remedies available under the law.
9. Sponsor’s Address Information
Fluke Reliability, 7821 Bartram Ave, Suite 103A, Philadelphia, PA 19153
10. Copyright Notice
The Program and all accompanying materials, including these terms and conditions, are copyright © 2022 by Fluke Corporation. All rights reserved.