Last updated: June 3, 2024
Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://www.apt-power.com website (the “Service”) operated by Advanced Power Technologies (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Advanced Power Technologies and its licensors.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Advanced Power Technologies.
Advanced Power Technologies has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Advanced Power Technologies shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Governing Law
These Terms shall be governed and construed in accordance with the laws of United States without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Contact Us
If you have any questions about these Terms, please contact us.
Proprietary Information & Intellectual Property Notice
The information contained in this document is the Proprietary Information of Advanced Power Technologies (APT) and is disclosed in confidence. It is the property of APT and shall not be used, disclosed to others, or reproduced without the express written consent of APT.
All proposals, reports, drawings, specifications, data, information, or other material, and Intellectual Property contained therein, whether accompanying this notice, or separately supplied in furtherance of this proposal, are the property of APT, are disclosed by APT in confidence, and, except as APT may otherwise permit in writing, are to be used, disclosed, or copied only to the extent necessary for the evaluation thereof by the recipient, or by the end-user customer, or higher-tier contractor, or subcontractor, between said customer and recipient, in furtherance of the purposes for which this proposal is made by APT.
Drawings provided in the proposal stage for custom pieces of equipment are subject to final engineering evaluation, after the receipt of the order. Any drawing provided by APT in the proposal stage is a reference-only drawing and may differ from the first submittal revision based on engineering evaluation.
An APT proposal is based on specific received specifications regarding the project, as listed at the top of page 1 of the quote. If specific specifications are not listed on page 1, no specifications were received/acknowledged to be received; therefore, the proposal’s intention is to detail APT standard product construction. The descriptions in our quote provided describe the functionality and may not be exact due to continuous product development, evolution, and specific product adaptation to customer requirements. Any features promised will comply with customer-requested/specified requirements and will be provided, unless an exception is noted in our Exceptions, Clarifications, & Deviations page accompanying the quote. Any Options listed in “Control Features” or “Other Options” reflect APT’s interpretation of the customer’s desired optional features based on information available at the time of quoting. All optional features listed in the quote may not be delivered in the final product unless expressly requested in documentation by the customer.
Except as expressly stated in the contract documents or other agreement between the customer and APT, APT reserves the right to document, photograph, and produce videos for marketing and educational purposes all APT products to be provided without written consent or limitation. The content produced from APT products is the intellectual property of APT. You may not reuse, republish, or reprint such content without our written consent. All such material, together with all copies thereof, is to be returned to APT when it has served its purpose or shall be otherwise disposed of as directed by APT. APT reserves the right to update this document and change this policy at any given time. The most up-to-date version of this document is provided with each quote or is available upon request from APT.
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Submittals
An order is considered to be on “Hold” until APT receives a written notice from the customer to release the order to manufacturing.
Full submittal package consisting of drawings, cutsheets, etc. to be reviewed & approved by the customer, is available for the project upon request.
When a submittal package is not required or not applicable, the order will begin manufacturing once APT receives a notice from the customer to release the order to manufacturing.
Submittal lead-time quoted herein is for estimating purposes and apply only to availability of the first revision of the prepared submittal package.
The following time is not included in the estimated submittal lead-time:
o Time to evaluate design changes based on changing customer requirements.
o Time for revision and resubmittal packages.
o Time for customer to review and approve submittal drawings.
Lead Time Improvement Scale
Earlier than Quoted Ship Date requests require confirmation from APT prior to ordering. Expedite fees are as follows:
- 1-2 week improvement of estimated lead time @ +20% of order total premium
- 3-4 week improvement of estimated lead time @ +35% of order total premium
- 5-6 week improvement of estimated lead time @ +50% of order total premium
- 7-8 week improvement of estimated lead time @ +65% of order total premium
Order Cancellation Policy – Schedule of Charges
Cancellation charges based on order progress:
20% – Order received and scheduled, engineering & manufacturing work not started, material not ordered
40% – Engineered submittal drawings/submittal package sent for customer approval
60% – Notice of submittal approval or Release to Manufacturing (RTM) received 80% – Materials accumulated and production started
100% – Manufacturing completed
Delivery, Transportation, Payments, and Storage
Notice of Completion: Notice of manufacturing completion shall serve as the date that the order is available for shipment.
Payment Installments and Storage: For orders with payment installments due “Prior to Shipment,” subsequent payment milestones shall become billable and due if the unit remains in storage for longer than thirty (30) days. Units with Net 30 payment terms must be paid within thirty (30) days from the date of the invoice and notice that the equipment is ready to ship.
Shipping Arrangements: Customers are encouraged to arrange and pay for shipping directly with the shipping carrier of their choice. Please notify APT as soon as possible from the Notice of Completion to schedule pick up from APT loading docks otherwise, APT Shipping & Receiving will schedule shipping per the freight terms listed on page 1 of the quote.
Freight Terms: Equipment will be delivered F.O.B. Lafayette, IN (Ex-Works) with a standard ground freight charge to be prepaid and added to the next customer invoice. An additional 4% of the project total will be added if F.O.B. destination is required (Continental U.S. only). Non-continential
U.S. orders are subject to customer scheduled and paid freight, with special export packaging available upon request for an additional cost. Customs, duties, import fees, etc. are not included in the purchase price. Other incoterms are not available and not offered at this time.
Expedited Freight Options: Expedited freight options are available upon request. The customer must specify the expedited service to be used, such as 3-4 business days, 2nd business day air, next business day air, etc.
Storage Fees for Delayed Shipment: Orders of one pallet or more that have completed manufacturing but have not been scheduled for shipment or picked up by the customer within ten (10) days of the notice of manufacturing completion are subject to storage fees of a minimum of thirty USD ($30.00) per day. The actual final storage fee is at the discretion of APT based on the duration of storage, footprint, and value of the equipment being stored.
Special Storage Fees: Orders for equipment buildings, containers, bulk orders over two standard-sized pallets (48″ x 48″), or a custom switchgear line-up pallet are subject to storage fees solely at the discretion of APT per day.
Storage Fee Inclusions: Storage fees shall include all costs incurred by APT, including but not limited to additional rigging, electricity, real estate space, etc.
Suitable Storage Environment: Equipment in storage shall be stored in an environment suitable for the rating of the equipment. This is a requirement whether the equipment is in storage at an APT facility or at a holding facility, riggers yard, or similar facility in order to maintain valid warranty.
Equipment Limited Warranty
Equipment manufactured by the seller is warranted to be free from defective material and workmanship under normal use and appropriate storage for a period of (18) months after the date of shipment from the seller’s factory or (12) months after the date of installation and substantial completion, whichever occurs first, subject to the following provisions and limitations:
- This warranty is limited to repair or replacement, at seller’s discretion, at seller’s factory, of such parts or assemblies, which prove to be defective upon inspection by the This does not include any on-site installation or transportation costs.
- No warranty is provided for equipment manufactured by others, when such equipment is warranted by its respective
- No warranty is provided for equipment or engineering solutions specified or supplied by the customer or for any consequential damages caused by such equipment or engineering
- Seller is not responsible for any damage to its equipment caused by improper installation, maintenance, use, repair, adjustments, or revisions unauthorized by the seller.
Limitation of Liability
In no event shall the seller be liable for any special or consequential damages or charges related to the use of equipment supplied by the Seller.
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OF QUALITY AND PERFORMANCE, WHETHER WRITTEN, ORAL, OR IMPLIED, AND ALL OTHER WARRANTIES INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USAGE OF TRADE ARE HEREBY DISCLAIMED. THE REMEDIES STATED HEREIN CONSTITUTE PURCHASER’S EXCLUSIVE REMEDIES AND SELLER’S ENTIRE LIABILITY FOR ANY BREACH OF WARRANTY.
