Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of APSX LLC. The collective work includes works that are licensed to APSX LLC. Copyright 2018, APSX LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with APSX LLC or purchasing APSX LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with APSX LLC or to purchase APSX LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by APSX LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of APSX LLC used in the site are trademarks or registered trademarks of APSX LLC
(VALID ONLY IF 1 HOUR QUICK ONLINE TRAINING IS GIVEN BY APSX LLC TEAM BEFORE THE SHIPMENT) APSX LLC does not guarantee the product functionality with any other devices that may be integrated to its products. Implementation and integration of the product with any other device(s) must be done at your own risk. Improper installation and usage may lead to machine damage. Mount and install the product in a location where it does not obstruct the user’s view and/or ability to safely control the machine.
APSX LLC shall not be liable for direct, special, incidental, or consequential damages resulting from any legal theory including, but not limited to, lost profits, downtime, goodwill, damage, injury to persons, or replacement of equipment and property due to improper usage, integration and/or misuse of any APSX LLC’s product(s). This warranty is transferable from the original end-user to another party if the machine is sold via private sale before the end of the warranty period. All implied warranties shall be limited in duration to the warranty period of 12 months REPAIR OR REPLACEMENT warranty condition also applies to returned machines for inspection or repair. Manufacturer’s liability shall be limited to repairing, replacing parts or components at the discretion of the APSX LLC. Direct sales and Skype/phone support is part of the equation that allows APSX LLC to provide high value at low cost. Once APSX LLC determine the problem remotely via Skype, APSX LLC resolve it with a replacement part or a completely new machine. The customer must be comfortable with general electric and mechanical repair concepts, including the appropriate safety procedures before working on the machine. If the customer does not have the required skills, the customer will need to find someone locally to assist. Components subject to wear during normal use and over time such as metal surfaces, labels or decals, finish and condition, seals, safety gates, cabling, electric motor shafts, etc., are excluded from this warranty. Warranty of general machine tolerances is void if the machine is taken out of the crate without following the lifting directions below, disassembled or altered by customer. APSX LLC is not responsible for any damage to parts, machines, business premises or other property of the buyer, or for any other incidental or consequential damages that may be caused by a malfunction of the machine or its components.
Limitation of Liability
APSX LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if APSX LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a APSX LLC product is mistakenly listed at an incorrect price, APSX LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. APSX LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, APSX LLC shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by APSX LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
APSX LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to APSX LLC.
Your use of this site shall be governed in all respects by the laws of the state of Ohio, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of APSX LLC products) shall be in the state or federal courts located in Hamilton County, Ohio. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of APSX LLC products) must be commenced within one (1) year after the claim or cause of action arises. APSX LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. APSX LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a APSX LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
APSX LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, APSX LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, APSX LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to APSX LLC in its sole discretion.
You agree to indemnify, defend, and hold harmless APSX LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, APSX LLC may link to sites operated by third parties. However, even if the third party is affiliated with APSX LLC, APSX LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of APSX LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, APSX LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
TERMS AND CONDITIONS FOR PRODUCTS
Prices are as specified in APSX, LLC.’s quotation to Buyer and do not include federal, state or local taxes imposed on the products or its sale or use; such taxes, if any, shall be borne by Buyer. Except as otherwise agreed to in writing by the parties, prices are subject to change without notice.
SHIPPING SCHEDULE Delivery of the machines and related products shall be as specified in APSX, LLC.’s Quotation/Proposal to Buyer. APSX, LLC. will use all reasonable diligence to meet the schedule dates for shipment and delivery, but cannot guarantee any delivery or completion date. APSX, LLC. shall not be liable for any loss, damage, expense or charge of any kind resulting from delay in delivery or shipment without written consent from the APSX, LLC.
SAFETY Buyer shall require its employees to use all safety devices, guards and proper safety operating procedures as set forth in user manuals furnished by APSX, LLC., as well as pursuant to applicable law. Buyer shall not remove or modify any such device, guard or sign. It is Buyer’s responsibility to provide all the means that may be necessary to effectively protect all of its employees from serious bodily injury which otherwise may result from the method of particular use, operation, set-up or service of the product. It is Buyer’s responsibility to provide proper training to each employee using the machine or to use only employees who are sufficiently experienced in the use and operating of such machine. It is the responsibility of Buyer to comply with any and all national and local codes, including OSHA. If Buyer fails to comply with the provisions of this paragraph or the applicable standards or regulations mentioned, Buyer shall indemnify and save APSX, LLC. harmless from and against any and all claims, losses or damages arising therefrom.
WARRANTY Any APSX LLC product or part under normal operating conditions in Buyer’s facilities thereof, proves defective in material or workmanship, as determined by our inspection, within 12 months from the delivery date will be replaced or repaired as follows: (i) during the first 90 days of such warranty period, any such repair or replacement shall be free of charge to Buyer, and (ii) during the balance of such warranty period (beyond the first 90 days), any replacement part will be installed without charge for the part itself but Buyer shall be responsible for shipping costs incurred for repairing, installing, servicing or handling either defective or replacement products or parts. This warranty is contingent upon the following conditions: that we promptly receive notice of the defect; that Buyer establishes that the product has been properly installed, maintained, and operated within limits of related and normal usage as specified by us; and that, upon our request, Buyer will return to us at our expense the defective product or part thereof. Buyer, upon its request, must bear any premium freight charges other than standard freight.
Any computer program or programming manual (software materials) which, under normal operating conditions in Buyer’s facilities, proves defective, as determined by our inspection, within 90 days from the delivery date will be corrected by us. The warranty is contingent upon the following conditions: that we promptly receive from Buyer notice of the defect, including a reasonably detailed description of the problem or difficulty which has been experienced; that Buyer establish that the correction does not involve new software materials to serve a function not intended to be served by the original software materials; and that no change or addition has been made in or to our software materials which has not been first approved by us in writing.
Normal usage shall mean use consistent with standard industry practice, within rated capacities, at correct voltage, under the proper installation and operation procedures, with normal preventive maintenance, and in accordance with the applicable APSX, LLC.‘s user and operating manuals.
The warranty for parts is subject to verification and inspection of any actual defect by return of the part to APSX, LLC. (which shall require APSX, LLC.’s prior return authorization). If APSX, LLC. directs return of the part, Buyer has thirty (30) days following APSX, LLC.’s shipment of a replacement part to return the item claimed to be defective. APSX, LLC. reserves the right to debit Buyer’s account for the cost of any replacement product (plus applicable shipping charges) and any diagnosis beyond original machine start-up where either i) the returned item(s) are found not to be defective, or ii) the defective item(s) is/are not returned within the required thirty (30) day period. Parts replaced or repaired under the terms of this warranty are covered for the remainder of the new machine warranty period but no less than 30 days from the date upon which the repair/replacement was completed.
The terms of this warranty do not in any way extend to any product or part thereof which have a life, under normal usage, inherently shorter than 12 months. APSX, LLC. reserves the right to modify the products, in whole or in part, at no cost to Buyer, at any time prior to delivery in order to include electrical or mechanical improvements deemed appropriate by APSX, LLC., but it is agreed that APSX, LLC. shall have no obligation to modify the products before or after delivery.
APSX, LLC. warranty coverage does not activate until the product is paid in full.
Limitation of Remedies and Liabilities
Under no circumstances shall APSX. LLC. have any liability whatsoever for incidental or consequential damages howsoever caused or arising (including contract, negligence, strict liability or otherwise), such as, but not limited to, loss of profit or revenue, loss of use of product, or software materials, cost of capital, cost of replacement equipment, claims resulting from contracts between Buyer and its customers and/or suppliers, or claims that the warranty failed of its essential purpose.
EXCLUSION OF WARRANTIES The warranties to repair or replace defective products or parts or to correct software materials and any additional warranty expressly stated to be a warranty and set forth in writing as part of these terms herein are in lieu of all other warranties, express or implied, including but not limited to, any implied warranty of merchantability or fitness for a particular purpose. Machine modifications, installation of parts other than original APSX, LLC. parts that are not approved in writing by APSX, LLC. or use of unsuitable raw materials by Buyer in the production of product void the terms of this warranty.
Non-compliance with the requirements contained in the operating and maintenance manuals, including following proper operating instructions, improper maintenance or deficient training of operating and maintenance personnel void the terms of this warranty.
The warranty for control software is limited to defects which make it unsuitable for the original intention of the software and does not extend to revisions or enhancements. All steel shafts, bushings, ball bearing, and associated components must be lubricated. The sensors and related components can not be adjusted or modified. Lack of compliance will result in forfeiture of warranty consideration for any mechanical components associated with the assembly.
The conditions of actual production in each end user’s facility vary considerably. Therefore, descriptions of the production or performance capabilities of any product or software materials are estimates only and are not warranted. Since performance and production capabilities when given for the Products or any part thereof, including software material, are APSX, LLC.‘s best estimates based on APSX, LLC.’s understanding of tooling, mold material, accessory and other factors, not within APSX, LLC.’s control, APSX, LLC. assumes no responsibility for the Product’s failure to meet any such estimate. This warranty is void with respect to barrels, hopper assemblies, hopper motors, and other related components if these items are used with filled resins, re-engineered plastics, re-grinded pellets or corrosive material unless otherwise specified in writing by APSX, LLC.
CANCELLATION Purchase orders are not subject to cancellation or deferment of shipment by the Purchaser unless APSX, LLC. is indemnified against loss resulting therefrom. The Buyer shall be responsible for any warehouse, re-stocking, storage, interest charges, legal or other charges resulting from cancellation or deferment of shipment. Notwithstanding anything to the contrary contained herein, Buyer may make changes in the scope of a Purchase Order, and make changes in the method of shipping or packaging and place or time of delivery, by written communication. If any change affects the Purchase Price or delivery schedule for the products, an equitable adjustment to the affected Purchase Price or delivery schedule shall be made if APSX, LLC. makes a written claim for such adjustment within seven (7) days from the date Buyer notifies APSX, LLC. of the change and Buyer agrees in writing to said adjustment.
PAYMENT TERMS Unless otherwise expressly provided on APSX, LLC.'s Invoice or in APSX, LLC.'s written Quotation applicable hereto, payment terms are Due on Receipt of invoice before the shipment. No cash discount is provided. Government and educational institutions may be qualified for Net Payment Terms at APSX, LLC. discretion. Buyer acknowledges that APSX, LLC. shall have the right to determine Buyer's credit limit and to change payment terms from time to time at APSX, LLC.'s discretion. In the event Buyer exceeds its credit limit, foils to make payments when due or otherwise defaults or commits a breach hereunder, APSX, LLC. shall have the right, without prior notice, to suspend credit, delay shipment, alter the terms of payment, cancel any orders, demand cash payment or return of Goods and/or pursue any other remedies available at law or in equity all of the foregoing being cumulative. APSX, LLC. shall charge two percent (2%) per month on overdue accounts and shall impose customary administrative, restocking or other charges in connection with any Goods canceled, reassigned or rescheduled pursuant hereto. The cost of bank and other fees and charges in connection with letters of credit and related documentation shall be for the account of Buyer. In the case of partial shipments, pro-rated payments shall become due on each shipment in accordance with the payment terms set forth herein.
FORCE MAJEURE APSX, LLC. shall not be liable for delays in delivery or for failure to manufacture due to causes beyond its reasonable control, including but not limited to acts of God, acts or omissions of Buyers acts or omissions of any civil or military authority, fire, terrorism, strikes, delays, losses or damage in transportation, and inability to obtain necessary materials. In the event of any such delay, Buyer agrees that the date of delivery shall be extended for a period equal to the time lost by reason of the delay without penalty to APSX, LLC.
ASSIGNMENT Neither party may assign this agreement without the written consent of the other party, except that we may assign this agreement to a third party that acquires substantially all of our assets or we may assign the flow of funds arising out of this agreement.
GOVERNING LAW This agreement shall be governed by and constructed in accordance with the laws of the State of Ohio.
REV Nov 2018