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”
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.
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
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.
Package Quantity - Orders, releases, and shipments must be in multiples of package
quantity listed. APP reserves the right
to modify packaging without further notice.
Export Orders - Subject to additional charges for special packaging and documentation.
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
Method Of Payment
- All purchases are by
valid, acceptable credit card only. Charges are processed at the time product is shipped.
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.
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
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.
Sales and Use Taxes - This is a retail site and all applicable taxes, Federal and/or State, shall be added to the sales invoice.
Returns - 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. Original product packaging with product identifying labels must be included with the return for credit to be issued.
Refunds - Credit will be issued for product only after receipt and inspection of properly authorized
returns. Original shipping charges and return shipping charges are the customer's responsibility.
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.
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.
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.
Governing Law - This agreement and the performance of the parties hereunder shall be
constructed in accordance with the law of the Commonwealth of Massachusetts,
Title - Title and risk of loss shall pass to Buyer upon shipment from APP.
Routing - Seller reserves the right to specify the routing of all shipments.