Last Revised: 02/11/2021
APPROTEC STANDARD TERMS AND CONDITIONS
Please read these terms and conditions carefully. They contain important information concerning customer’s (“Customer”) legal rights, warranties, obligations and available dispute resolutions remedies. They also provide that if Approtec is unable to resolve any matter to Customer’s satisfaction, Customer will exclusively use arbitration to decide the dispute and Customer will bring its claim solely on an individual basis and not in a class action or representative proceeding.
Except in those instances where Approtec Equipment Sales, Inc. (“Approtec”) and a business Customer (“Business Customer”) enter into a separate written contract for the purchase of products and/or services providing for separate terms of sale, the following terms and conditions will apply. For clarification, the term “Customer” includes Business Customers as well as individuals, and the term Business Customer includes, but is not limited to, government, institutional, and educational customers.
Approtec reserves the right to revise these Terms and Conditions at any time.
- Territorial Restriction. All online sales are currently restricted to customers based in Texas. The billing address and the shipping address must both be in Texas in order to complete a purchase online.
- Prices. “Prices” displayed on approtec.com: (i) are offered to Customers that do not have other pricing arrangements with Approtec; (ii) are subject to these Terms of Sale; (iii) are available for orders placed on approtec.com, by phone, or by email; (iv) do not include freight, handling fees, taxes, and/or duties; and (v) are subject to change or correction at any time and without notice.
- Sales Tax. Customer is responsible for payment of all applicable state and local taxes, or for providing a valid sales tax exemption certificate. When placing an order, Customer shall indicate which products are tax exempt. Exemption can only be applied after Customer has setup an account and uploaded the necessary proof of exemption. A sales tax-exempt purchase cannot be completed until the uploaded documents have been vetted by Approtec and the Customer account has been approved for tax exempt status.
- Payment. Approtec accepts Visa, MasterCard, Discover, and American Express. All payments must be made in U.S. dollars.
Business Customer hereby unconditionally guarantees payment as a primary obligor of, as provided herein, all purchases made by Business Customer, its subsidiaries and affiliates. Each of Business Customer’s subsidiaries and affiliates purchasing from Approtec are jointly and severally liable for all purchases made by Business Customer and its subsidiaries, and Customer is also acting as agent for such subsidiaries and affiliates. Business Customer further agrees to defend, indemnify and hold harmless Approtec from any and all claims, injuries, damages, losses or suits, including, without limitation, attorneys’ fees and costs, arising out of, or in connection with any attempt to disgorge or recover payments to Approtec made on behalf of Business Customer by a subsidiary and affiliate on the grounds that such payment was improper, unauthorized, or constituted a fraudulent transfer.
- Credit Balance. Customer agrees that any credit balance(s) issued by Approtec must be used within two (2) years from the date the credit was issued and may only be used for purchases of products. Any unused credit or portion thereof will automatically expire after two (2) years, or be processed pursuant to state law.
All Products are shipped F.O.B. Origin with all costs imposed by the carrier related to the shipment paid by Approtec and charged to Customer on Customer’s invoice. Receipts for freight charges will not be furnished. COD shipments are not permitted. Fuel surcharges and other surcharges may be applied. Title and risk of loss pass to Customer upon tender of shipment to the carrier. If the product is damaged in transit, Customer’s only recourse is to file a claim with the carrier.
- Manufacturer’s Warranty. For information on a specific manufacturer’s warranty, please read the warranty information provided on the product page or contact Approtec. Customer acknowledges and agrees that Products manufactured by a third party (“Third Party Product”) are warranted, if at all, only by the original manufacturer and only if and to the extent set forth in the original manufacturer’s warranty. Approtec does not warrant any third-party products, all of which Approtec provides “AS IS.” Approtec will not be liable for any direct, incidental, consequential, or other damage or loss of any nature with respect to such third-party products or failure of any third party to perform under its warranty. Customer is solely responsible for determining if goods fit Customer’s particular purpose and are suitable for Customer’s process and application. Approtec’s statements, engineering or technical information, and recommendations are provided for the convenience of the Customer, but the accuracy or completeness thereof is not warranted.
- Warranty Disclaimer. EXCEPT FOR APPROTEC’S WARRANTY OF TITLE TO THE GOODS OR SERVICES, APPROTEC EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES WHATSOEVER, WHETHER, EXPRESSED OR IMPLIED, ORAL, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE.
- Warranty Product Return. Before returning any product, Customer may contact Approtec either by calling (281) 350 0550 or emailing us at email@example.com to obtain manufacturer’s return address and instructions. Proof of purchase is required in all cases.
Customer should contact Approtec if they want to return a product for any reason. Approtec will promptly provide an exchange or refund if the product is returned in unused condition, within 30 days of date of invoice, with proof of purchase from Approtec. Customer will be responsible for all related freight expenses. Approtec will not accept return of any goods that have been used, modified or altered in any way.
Returns Process. Contact us directly or drop off the product to our office. When returning a product, please do the following:
- Obtain an RGA number by contacting Approtec.
- Carefully package the item(s) and include the RGA number on the shipping documents.
- Indicate whether you would like a replacement product or a credit.
- Ship/drop off the package to the address provided by Approtec.
- Please prepay shipping – Approtec does not accept Cash on Delivery (C.O.D.s).
For assistance with returns, call Approtec at (281) 350 0550.
Cancellation Instructions. Orders cancelled before shipment will be refunded immediately. However, items in stock usually ship within (1) – (2) business day(s) so we may be unable to cancel the order if it has already shipped. If your order is backordered or not shipping for two or more business days, please contact Approtec and we will do everything we can to accommodate your request. If you no longer need an item in your order, please return it.
Any dispute of any sort that might arise between Approtec and Customer, including any matters or disputes relating to or arising from the purchase or use of any product, service, or information offered or made available through Approtec, or arising from or relating to any communication between Customer and Approtec or its agents, will be resolved by binding arbitration, rather than in court, and solely on an individual basis and not in a class, consolidated or representative action, except that Customer may assert claims in small claims court if Customer’s claims qualify.
Customer acknowledges and agrees that it is waiving the right to sue or go to court to secure relief. The Federal Arbitration Act and federal arbitration law apply to all disputes between Approtec and Customer, including any disputes relating to or arising from any purchases made by Customer.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages).
To begin an arbitration proceeding, Customer must send a letter requesting arbitration and describing its claim to Approtec’s registered office, 335 Pennbright Dr., Ste 130, Houston TX 77090. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes if applicable. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879.
Payment for all filing, administration and arbitrator fees will be governed by the AAA’s rules. Approtec will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Approtec will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. For claims totaling less than $10,000, Customer may choose to have the arbitration conducted by telephone, or based on written submissions. For all other claims, the proceeding will be conducted in person in the county where Customer lives or at another mutually agreed location.
Under the terms of AAA Rule 7 of the AAA Rules, Customer and Approtec each agree that the arbitration panel has the power to rule on any objections to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim. If for any reason a claim proceeds in court rather than in arbitration Approtec and Customer each waive any right to a jury trial and further agree that any such court proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
If any provision of this Section B, is held to be invalid or unenforceable, then that provision or portion notwithstanding, this Section B will remain in force and effect, and such provision or portion will be deemed omitted, and this Section B will be construed as if such provision had not been contained herein.
Approtec and Customer both agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Website Information. Approtec is a distributor of products. Information about the products on Approtec web site is provided by the manufacturer. Product depictions on the websites are for illustrative purposes only. Possession of, or access to, any Approtec catalog, literature or websites does not constitute the right to purchase products. Approtec reserves the right to revise publishing errors in its catalogs or any of its websites. Despite our efforts, occasional pricing errors may occur on the Approtec website, and Approtec reserves the right to correct or change such pricing errors without notice. Approtec further reserves the right to cancel any and all orders resulting from such pricing errors, even if Customer has received an order confirmation from Approtec.
APPROTEC SHALL NOT BE LIABLE, AND IT HEREBY DISCLAIMS ALL LIABILITY, FOR ANY CONSEQUENTIAL, CONTINGENT, INDIRECT, SPECIAL, LIQUIDATED, PUNITIVE OR INCIDENTAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, USE, BUSINESS OR REVENUE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE LEGAL THEORY ASSERTED, INCLUDING WARRANTY, CONTRACT, NEGLIGENCE OR STRICT LIABILITY. APPROTEC’S LIABILITY TO CUSTOMER AND/OR ITS CUSTOMER(S) WILL IN NO EVENT EXCEED THE PRICE PAID BY CUSTOMER FOR THE SPECIFIC GOODS MANUFACTURED OR SERVICES PROVIDED BY APPROTEC GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. NO PENALTY CLAUSE APPEARING IN ANY DOCUMENT WILL BE EFFECTIVE AGAINST APPROTEC UNLESS IT HAS BEEN EXPRESSLY ACCEPTED IN WRITING BY AN OFFICER OF APPROTEC. The limitation of liability set forth above shall not apply to (i) liability resulting from Approtec’s gross negligence or willful misconduct and (ii) death or bodily injury resulting directly from Approtec’s acts or omissions.