ADVANCED POWER GROUP CORPORATION
STANDARD TERMS AND CONDITIONS
1. Acceptance of Order: Buyer’s order is accepted subjected to these terms and conditions. No addition, deletion, or amendment to these terms and conditions will be binding without our written approval.
2. Delivery: Delivery dates are estimated only, and are not binding. All orders accepted are subject to delays in delivery or impossibility of performance caused by force majeure. Seller may deliver and invoice, and Buyer will accept partial shipments.
3. Price and Terms: All prices are subject to change without notice. Quantity discounts are available on qualifying orders. Terms of payment are C.O.D., Net 10 Days or Net 30 Days upon credit approval. Accounts past due will be assessed a daily finance charge based upon 24% APR calculated from the date of invoice. There will be a $40.00 fee for every returned unpaid check. For customers paying with Visa, Master Card and American Express, products will be shipped upon credit approval. There will be an extra fee for the use of credit cards and wire transfer for regular price orders; for promotional price orders, there will be a surcharge of $30.00 or 4.20% of total order, whichever is greater. If shipping information is different than billing information on your credit card, your order may be delayed for verification. For customer outside U.S., an advance payment in bank check will be required or wire transfer your payment to our account. Please email APGC for wire infomation.
\We will ship out the merchandise immediately upon the remittance is confirmed.
4. Freight: If Seller prepays freight charges, then Seller will invoice Buyer for actual freight costs.
5. Inspection and Acceptance Of Products: Buyer has 10 days after receipt of the products to inspect, and either accept or reject them. Return of defective product shall be made only upon authorization of Seller. Failure by Buyer to give notice of rejection within the stipulated 10-day period shall constitute an irrevocable acceptance of all products delivered. Seller advises that buyer may inspect all materials prior to their use. For credit card purchases, buyer has 5 days after receipt of the products to inspect, and either accept or reject them. No returns for credit after the time limits will be accepted. These time limits do not offset in any way the warranty of the products.
6. Warranties, Limitation Of Liability: Seller warrants that each item produced and sold shall be free from any defects in material and workmanship. Seller will not be responsible for any defects or damage caused by improper usage, cleaning, handling and storage. This warranty does not apply to products, which have been modified, removed or altered without approval of Seller. Our liability under this warranty shall be in any case limited to the invoice value of the product sold and in no event shall Seller be liable for any special or consequential damages. We make no warranty as to the merchantability of any goods, or that they are fit for any particular purpose or end application, nor do we make any warranty, either expressed or implied, other than as stated above. If you are not satisfied with your purchase, return or exchange it within 90 days of purchase date under original condition.
7. Custom Products: There is a prototype fee for each custom design unless otherwise negotiated. This fee will cover cost of prototype developing until it is finalized or approved by Buyer. Buyer’s specifications are, when accepted by Seller, taken in good faith not to be in violation of patents or proprietary ownership by other parties. Custom products cannot be returned for credit unless otherwise negotiated.
8. Cancellation Policy: To cancel an order, you must give at least 60 days written notice prior to the shipment date. If you cancel, reduce, or refuse delivery within 30 days of shipment, then you must pay the following charges:
Retro-bill: Unit price to be established by quantity actually released for shipment, and
Materials: All unique parts and/or materials in stock or on order, that company or its affiliates cannot cancel the or without liability, and
Work in Process: All parts and materials, direct labor, and overhead, for work in process.
9. Change Orders: Seller reserves the right to charge for changed orders.
10. Blanket Order Policy: Blanket orders must be shippable within a period of time proposed by Buyer. Notice of any changes in quantities released and/or shipping dates must be given by the buyer, at least 30 days prior to the scheduled shipping date.
11. Returning Goods Policy: Obtain a Return Material Authorization (RMA) Number from APGC within warranty period. A packing slip should have the original purchase order number and an RMA number. A description of problem will be helpful if it is enclosed. Returned products can be exchanged, credited or refunded. For credit card purchases, returned products can be exchanged or credited to your credit card. Please allow 4 to 6 weeks to receive your refund of purchase prices after acceptance of return products. Return of non-defective products will be subject to a 30% restocking fee on cost.