Effective as of April 02, 2025 PST
The standard terms and conditions of sale (referred to herein as “Agreement”) applies to all sales of products or services (“Product," or collectively "Products”) by Advanced Power Group, Corp. ("APGC" or “Seller,” and collectively, “we,” “us,” “our”) to you or the entity you represent, such as the company for whom you work (referred to as “you” or “Buyer”).
No addition, deletion, or amendment to this Agreement will be binding without our written approval.
Seller shall make aware of the existence of this Agreement, and Buyer shall have access to this Agreement via the website link, shall be allowed to download and save a copy, and shall be able to request for the terms in other media such as PDF.
Changes to the Agreement
Occasionally, Seller will make changes to this Agreement. We update this Agreement to protect both our interests and the interests of Buyer, which will allow us to provide better products and services. Orders will be subject to the Agreement that was binding at the time the order was made.
Order Acceptance
Buyer acknowledges that all orders are accepted subject to this Agreement.
By placing an order for our products, or by accepting delivery of the products described on the corresponding packing slip, bill of lading and/or invoice received for the products, you agree to be bound by and accept this Agreement.
This Agreement takes precedence over any of Buyer's additional, different, or conflicting terms.
Prices
Product prices are defined in United States Dollar ("USD").
Prices are subject to change. Pricing errors may be corrected at any time.
Prices quoted or listed do not include (1) convenience nor service fees, (2) transportation nor insurance costs, (3) duties, nor (4) all taxes including federal, state and local sales, excise and value added, goods and services taxes, and any other taxes. Buyer shall be responsible for these fees and taxes, which will be added to the invoice unless an exemption certificate is supplied.
Product Availability
Product availability is subject to change. Product availability is not guaranteed until payment received or otherwise determined by the payment method agreed upon by Buyer and Seller.
Seller reserves the right to discontinue any Product or to change a Product's design and specifications.
Additional Terms for International Customers
Buyers outside the U.S. are responsible for any customs, import duties, brokerage fees, or taxes, all of which are not included in product prices, transportation costs, or on Seller's invoice.
Payment
All payments shall be received in USD. For Buyers outside the U.S., an advance payment will be required.
We accept payment by debit or credit card (Visa, Mastercard, or American Express), PayPal, or wire transfer. For domestic customers, we also accept ACH transfer and check.
All orders are subject to a processing fee, which may be waived depending on the total order amount. For instance, all wire transfers are subject to a fee--up to $25 for domestic and up to $60 for international. All credit card and PayPal transactions are subject to a 5.5% service fee. These fees will be communicated at order confirmation are included in our invoice or proforma invoice. Processing fees are subject to change.
For domestic customers, terms of payment can extend to "Net 30 Days" upon credit approval. Accounts past due will be assessed a daily late charge, based upon 24% APR calculated from the due date of invoice.
For domestic customers, payment may be made by check upon credit approval. There will be a $40 fee for every returned check.
Shipping
Products will be processed for shipping upon payment approval.
Delivery shall be made Ex Works ("EXW," Incoterms® 2010) Alhambra, California, USA. All risk of loss and title to Products shall pass to Buyer upon delivery of Products to the shipping carrier. Thus, claims for goods damaged or lost in shipment are to be made to the shipping carrier.
If Seller prepays shipping / freight charges, Seller will invoice Buyer for estimated shipping / freight costs. We reserve the right to purchase and invoice on shipping / freight insurance for shipments that are shipped prepaid by APGC.
Delivery
Date of delivery is based on best estimates using commercially reasonable efforts to ship on schedule or to comply with the requested delivery dates agreed upon, from time to time, in writing between the parties. Seller may make partial shipments of Products to Buyer as required. Failure to deliver by the agreed ship date shall not give Buyer any right to compensation nor impose any responsibility or liability on Seller.
Force Majeure
All orders accepted are subject to delays in delivery or failure of performance caused by fires, natural disasters, strikes, accidents, shortages of materials, destruction or loss of manufacturing plants or equipment, delay of carrier, wars, government actions, or other conditions or contingencies beyond the reasonable control of Seller, and thereby Seller cannot be held liable for damage or loss incurred.
Inspection and Acceptance of Products
Seller advises that Buyer inspect all Products prior to use. Buyer has 30 calendar days after receipt of Products to inspect them, and either accept or reject them. Failure by Buyer to give notice of rejection within the stipulated 30-day period shall constitute an irrevocable acceptance of all products delivered.
Returns Eligibility
No Product may be returned without the Seller's authorization (see section on Returns Process). By requesting for a return merchandize authorization, Buyer certifies there has been no substitution of the Product from another supplier, distributor or other source of the Product.
Returning Products must be in unused, original condition (and if possible in original packaging) except if Product is deemed for failure analysis or is covered by Seller's warranty.
The following Products may not be returned, exchanged or credited:
- Products returned defaced, altered, damaged
- Products that have come in contact with body tissue or fluids
- Optical products without evidence of non-conformance. Optical products include illumination (light guide) bundles, objective lenses, light guide lenses, light guide lens assemblies, light (optic) fibers, image bundles, image guides, rod lenses, tapers, and all windows
- Made to order Products
- Custom order Products
Merchandise returned without prior authorization or not in accordance with our returns policies will be returned to Buyer at Buyer's expense.
Returns Process
To initiate a refund, obtain a Return Merchandise Authorization (RMA) number for the corresponding invoice or PO number and provide (1) reason for return, (2) part number/SKU, (3) quantity to return, (4) lot number, if present. Include the RMA number in the package, on paperwork, and in correspondences.
All authorized returns must be sent freight prepaid within 30 days of RMA issuance to the following address:
Advanced Power Group, Corp.
2005 Orange St., Suite D
Alhambra, CA 91803, USA
Tel: +1 626 458 0927
Returned Products must be well packed to prevent damage. Claims for Products damaged or lost in shipment are to be made to the shipping carrier. We reserve the right to refuse refunds if Products are received damaged or are lost in shipment.
If return was due to a shipping error on Seller's part, Seller will reimburse freight costs and give a full credit or refund of the Product's value. Seller will also assume risk and liability if the return of incorrectly shipped Products is lost in shipment, but not if the return is damaged in shipment.
Exchanges, Credit, and Refunds
Returned products can be replaced, exchanged, credited, or refunded. Upon receipt and inspection of returned Products, Seller will advise on the refund status.
Returning Products must be in original condition to be eligible for refund of the Products' values. In the case of Product failure, Seller will issue credit, replace, or refund the Product pending Seller's confirmation of failure.
Seller reserves the right to charge 30% of the invoiced subtotal of the returned Products as cancellation and restocking fees deducted from the refund.
Please allow 4 to 6 calendar weeks to process returns and refunds.
Changes or Cancellation Policy
Any changes or cancellation to an accepted Buyer's Order must be agreed to in writing by both parties (including but not limited to by email). In order to receive full refund of Product's invoiced value, Buyer must give at least 5 business days notice of change or cancellation after payment received by Seller.
After the allowed period, if changes or cancellation incur unreasonable costs as deemed by Seller with reasons provided, Seller reserves the right to charge Buyer for the costs of any changes to the goods, services, delivery schedule or specifications requested by Buyer and agreed to by Seller including but not limited to (1) cancellation or restocking charges, (2) non-recurring engineering costs, (3) tooling and fixture charges, (4) material costs, (5) re-work, (6) wastage, and (7) labor costs.
Custom Order Products
There is a prototype fee for each custom design order unless otherwise negotiated. This fee will cover the cost of prototyping until it is finalized or approved by Buyer. All custom order changes or cancellations will be subject to our changes and cancellation policy. Additionally, Seller reserves the right to retain up to 80% of the Product's invoiced value to cover unreasonable costs outlined in our changes and cancellation policy.
Buyerʼs specifications are, when accepted by Seller, taken in good faith not to be in violation of patents or proprietary ownership by other parties.
Custom order Products cannot be returned unless otherwise negotiated.
Blanket Orders
Blanket orders, formally Blanket Purchase Orders ("BPO"), may be negotiated and contracted. BPOs must specify (1) the validity period (e.g. starting from the first purchase date and concluding with the final shipment), (2) pricing and payment terms, (3) items and quantity, or total amount to be purchased, (4) the agreed upon schedule of delivery, (5) cancellation policy, and (6) additional contract terms and conditions.
For any changes to BPOs, Buyer must provide at least 30 days notice prior to the scheduled shipping date.
Blanket order items are non-returnable unless otherwise negotiated. Failure to accept delivery for any items ordered within the period may result in Seller reestablishing unit prices and payment terms.
Warranty and Limitation of Liabilities
Seller warrants that the material and craftsmanship of the Products are free from manufacturing defects. This warranty applies to the original Buyer only and is not transferable.
For Products which upon test and examination by Seller do not comply with the Seller's warrant, Seller agrees to repair or replace with the same or functionally equivalent goods, or credit the Product's invoiced value. Any repair or replacement shall not extend the warranty period.
Buyer must submit a warranty claim for any defective Products within 90 days from the date of delivery (for defective optical Products within 30 days). To submit a warranty claim, follow the procedure outlined under "Returns Process." Claims outside the appropriate window are subject to Seller's discretion.
Development products including but not limited to prototypes and pre-production samples and any Services (whether or not paid for by Buyer) are provided “AS IS” without warranty of any kind.
There are no other warranties, expressed or implied, including any warranty of merchantability or fitness for any particular purpose. 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.
THIS WARRANTY DOES NOT APPLY TO EQUIPMENT OR GOODS WHICH ARE MISUSED, ABUSED, DAMAGED FROM INSTALLATION OR TESTING, REPAIRED WITHOUT AUTHORIZATION, ALTERED, SUBJECT TO ABNORMAL CONDITIONS OR TEMPERATURE, OR NOT USED IN ACCORDANCE WITH THE SELLERʼS INSTRUCTIONS. NORMAL WEAR OF EQUIPMENT OR GOODS IS NOT INCLUDED IN THIS WARRANTY. THE SELLERʼS SOLE LIABILITY UNDER THIS WARRANTY SHALL BE LIMITED TO EITHER REPLACING OR REPAIRING WITHOUT CHARGE, AT ITS FACTORY OR ELSEWHERE AT ITS DISCRETION, ANY EQUIPMENT OR GOODS NOT MEETING THIS WARRANTY. THE SELLER SHALL IN NO EVENT BE LIABLE FOR ANY OTHER DIRECT OR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND UNDER THIS CONTRACT OR OTHERWISE.
Confidentiality and Privacy Policy
In the course of executing obligations for an Order, Seller or Buyer may have access to one another's non-public, confidential, or proprietary information (collectively “Confidential Information”). Confidential Information includes, without limitation: specifications, drawings, samples, client lists, client information, plans, business operations, pricing, or other business information, whether oral or written, and whether or not marked, designated or otherwise identified as “confidential.”
Buyer and Seller shall each use the disclosing partyʼs Confidential Information solely for the purposes of performing its obligations or exercising its rights related to the Order. No party shall disclose or use disclosing partyʼs Confidential Information without prior written consent.
This Section shall not apply to information that is (a) in the public domain (b) known to the disclosing party at the time of disclosure, or (c) rightfully obtained by Seller or Buyer on a non-confidential basis from a third party. Any existing confidentiality agreements between the parties shall remain in full force and effect.
If you have any questions or concerns about our terms and conditions of sale, contact us for assistance.