The following Terms & Conditions supersede all other understandings, either verbal or written, before any order is accepted for delivery of products by Anderson Power Products, hereinafter referred to as “APP”

1) Acceptance - All orders submitted on APP’s e-commerce websites are subject to acceptance by APP’s Customer Service Department.  Prices are subject to change without notice.

2) Minimum Order/Shipment - Minimum quantity and/or package quantity listed for specific part numbers may apply.  All orders will ship F.O.B. Sterling Massachusetts, USA regardless of any previous verbal or written agreement.

3) Prices - Prices are based on F.O.B. point of shipment unless otherwise specified.  If shipment of an order is delayed by the Buyer, Seller shall have the right to increase the price charged for any item ordered to reflect the prices in effect at the time of shipment.  Prices shown for given quantity break are based on a single shipment of the specific part number.  Combining quantities of different Part numbers for additional price breaks is not allowed.

4) Package Quantity - Orders, releases, and shipments must be in multiples of package quantity listed.  APP reserves the right to modify packaging without further notice.

5) Export Orders - Subject to additional charges for special packaging and documentation.

6) Deliveries - F.O.B. Sterling, Massachusetts, USA.  Delivery dates are approximations and time shall not be of the essence in any contract created by the acceptance of this order.  In no event shall Seller be liable for any damages or contingent expenses caused by delays in delivery.  At the time orders are shipped, the applicable UPS, or other carrier, shipping charges will be added to your invoice based on the size and weight of the packages and the type of service requested.

7) Method Of Payment - All purchases are by valid, acceptable credit card only.  Charges are processed at the time product is shipped.

8) Warranty and Limitation of Liability - Seller warrants the product to be delivered hereunder to be free of defects in workmanship and materials under normal use and service provided, however, that the goods have not been taxed beyond their normal capacity or have not been abused in any way.  This warranty is in lieu of and excludes all other warranties, guarantees, or representations expressed or implied by operation of law or otherwise including any warranty of merchantability or fitness for purpose.  If within 30 days from date of shipment Buyer notifies Seller that the product is not as warranted and Seller finds the product to be thus defective, Seller shall be obligated and shall have the right to remedy such defect, at the Sellers option, by repair or replacement of the Product.  Buyer shall assume all responsibility and expense for removal, reinstallation, and freight in connection with the foregoing remedies.  Seller shall have the right of disposal of products replaced by it hereunder.  In no event shall Seller be liable for loss of use or any indirect, incidental, or consequential damages, including but not limited to consequential damages for personal injuries.  The parties expressly agree that the disclaimer shall remain in effect in the event that the Buyers’ sole and exclusive remedy fails of its essential purpose.

9) Application of Product - It is the responsibility of the Buyer to determine the suitability of the purchased product for the Buyers application and to receive proper UL certification for its application.

10) Cancellation - Orders accepted by APP may be altered or cancelled by the Buyer within 24 hours of order placement time, with the approval of APP.  Cancellation of orders may be subject to a cancellation fee of a minimum of 15% of the value of the open orders cancelled.

11) Sales and Use Taxes - Any Tax, Federal or State, which the manufacturer shall be liable for or required to pay, either on its own behalf or on the behalf of the purchaser, with respect to the material ordered, may be added to the sales price.  Massachusetts customers are subject to sales tax unless a valid tax exemption certificate is provided at the time order is placed.  Customers in other locations are responsible for complying with applicable sales and use tax regulations.

12) Returns - Only defective merchandise or merchandise shipped in error may be returned.  Such returns require a Return Material Authorization (RMA) number issued by the Customer Service department.  A request to return merchandise must be made within 30 days of shipment.  Returns without prior approval and an RMA number will be refused.

13) Refunds - Credit will be issued after receipt and inspection of properly authorized returns.  Reasonable return shipping charges will be credited for the return of defective merchandise or merchandise shipped in error.

14) Statute of Limitations - Buyer agrees that any action of any kind by the Buyer against the Seller must commence on or before the first anniversary of the date the right, demand or cause of action shall have first occurred. 

15) These Terms & Conditions supersede and cancel any previous understanding or agreement, including but not limited to Buyers Purchase Order, written or implied, between the parties relating to the goods covered hereby.  It expresses the complete and final understanding of the parties in respect thereto, and may not be changed in any way except in writing signed by both parties.

16) Claims and Adjustments - No shortage claim or error in shipment will be adjusted unless reported in writing within ten (10) days of receipt of material.

17) Governing Law - This agreement and the performance of the parties hereunder shall be constructed in accordance with the law of the Commonwealth of Massachusetts, USA.

18) Title - Title and risk of loss shall pass to Buyer upon shipment from APP.

19) Routing - In the event the Buyer does not specify routing, Seller reserves the right to specify the routing of all shipments.