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Terms & Conditions

Policies and Terms

 

1)Declaration

apterplc.com is operated by Apter Power. We("apter", "we", or "us") are aiming to provide you with the information and industrial automatic parts that you need in an efficient and timely way. And to promote the process, we require you to read and agree on every part of our policies and terms(be short for "terms" thereinafter). This policy and term apply to the use of The apter website( short for"website") and to selling products("single product" or "multiple products") to our customers("single customer", a group of customers" or "you"). Our company reserves the right to alter this policy and term at any time without notice. The noting value date below is the last revising date of this policy and term. You may have a periodic visitation on our website to help you to check any alterations. If you do not agree to be under the restriction of this term, you could not use our website and not to purchase products from apter.

 

2)Online Product Catalog

apter makes every effort to ensure accuracy of information published in Online Product Catalog on this Website. However, apter  makes no representations about the information presented, which is provided "as-is" and without warranty of any kind. Information in Online Product Catalog on this Website is subject to change without notice.

Prices are subject to change at any time prior to acceptance of your order by apter . Our product variance information is displayed throughout the website. The prices of the products are those listed in the current quotation sheet at the date we accept your order or/and such other prices as you may agree in writing. All prices are exclusive of packing and shipping charges unless otherwise specified in any quotation sheet and agreed in writing between Customer and apter .

Product Conditions: apter specializes in discontinued industrial automation component solutions. Regarding every product's condition displayed to the clients on the website,If we find a material error in supply, product condition or price, which affects your outstanding order, we will notify you of related corrections, and thereafter you may choose to accept the corrections, or cancel the order. If you choose to cancel the order, and your payment has already been submitted for the purchase, apter  will issue a refund in the amount of submitted payment.

 

1 )Used: No original packaging. It may be an older version or design, may show signs of use, and may not come with documentation and attachments. Warranty by apter : 1 year. Manufacturer's warranty and support never apply unless otherwise agreed warranty period

2) Surplus New: The original package may be opened and the package may show signs of marking, discoloration and wear. The product may be an older version or design and may not come with documentation and attachments. Warranty by apter : 1 year. Manufacturer's warranty and support never apply unless otherwise agreed warranty period.

3)Brand new products: we also sell new parts and products. We obtain these products through distributors or official distributors that we build relationship with. apter Warranty: one year. Manufacturers" warranty and support never apply.

* (" apter  ") is not an authorized distributor of the products listed on the Website and is not affiliated in any way with any other listed manufacturer. The manufacturer's warranty does not apply to any product sold by apter , nor does the manufacturer's support.

* All products are covered by apter ’s warranty for 1 year from invoice date, unless otherwise agreed!

 

3)Order Acceptance Policy

 

Customers can Initiate an order through Website,Email,Phone or Fax. But our confirmation for receiving your purchase order does not means apter accept your order.

If there’s a difference for the listed terms between your purchase order or other documents and our policy and terms,we can process your order on a case by case basis.But we won’t accept your listed terms,and our policy and terms can always replace any other terms and conditions that may be specified elsewhere.

All orders are subject to the product supply availability by apter. We can restrict or cancel any order‘s quantities available for purchase on any basis, and also can change the quantity of any special offers at any time without prior notice. We reserve the right to reject any orders without any liability or advance notice.

Orders placed by new customers may require verification, which will cause delays in order processing.

 

Order Cancellation. With the written consent of apter, customers can cancel the order processed by apter,provided that products with "in stock" status are displayed in the customer order confirmation issued by apter,products that show other than “in stock” status in the customer order confirmation are non-cancellable and non-refundable.In the event of cancellation or other withdrawal of an order containing Products with status other than "in-stock" for any reason, shall not limit the costs of any other remedial actions that apter may obtain as a result of such cancellation or other withdrawal, reasonable cancellation or replenishment,including all expenses incurred and commitments made by apter for purchasing the products of this order, and the relevant expenses shall be paid by the customer to apter.Customer's requests to reschedule an order are subject to acceptance by apter at its sole discretion. Orders can't be cancelled or rescheduled after it has been handed over to the carrier by apter.

4)Terms of payment

 

Customers agrees to pay the total amount of each invoice in full according to apter’s terms, and can’t counteract and deduct.All prices are in US dollars. Any difference due to currency conversion into US dollars will undertake by the client.

5)Tax

 

Trade within China: apter is located in Xiamen, China, and by law, parts and goods delivered within China are subject to VAT.

International Trade:All applicable proforma invoices, PST, HST and/or GST fees and brokerage fees will be the responsibility of the customer and will be fulfilled upon delivery.

 

6)Delivery and ownership

 

Shipping and delivery dates. apter's goal is to proceed shipment and delivery as close to the customer's required date as possible. Generally speaking, orders for "in-stock ”product will be shipped out in the same day if payment is received in full before 11:00 AM Beijing Time. But if payment is received after the shipping deadline, normally order will be shipped out in the next working day .

Orders for "pre-purchase product" will try to send out within the specified period when you submit your order to apter. Customer has known that shipment and delivery dates provided by apter are estimates only, and apter shall not be liable if such dates are not met. For avoiding any doubts, It should be regarded as timely delivery if apter deliver the product within 30 days of the required delivery date . Customer cannot cancel any other batch because of a delay in one batch.

 

Ownership and risk of loss. The carrier and delivery route will be arranged by apter unless specifically appointed by the customer.

If the customer appoints a carrier to apter, and apter delivers the product to the carrier (FOB origin, freight collect), ownership of the product and the risk of loss or damage during shipment will transfer to the customer.

For all other shipments, the ownership to the products and the risk of loss or damage in transit will be borne by the customer after the product has been shipped to the designated destination(Delivery at destination, freight prepaid and additional freight).

Export controls. All purchased products are subject to Chinese export control laws, restrictions, regulations and orders.All international orders will be exported from China in accordance with the Export Administration Regulations.

Customer agrees to comply with all applicable export laws, restrictions and regulations of Chinese or foreign agencies or authorities,and can’t export or transport products to any prohibited or embargoed country, or denied, blocked person or entity mentioned in any such Chinese or foreign laws and regulations.

Customer declares and guarantees that he is not in an embargoed country, is not on a list of prohibited persons, is not a denied, blocked person or entity and legally prohibited from purchasing products or services under this Agreement. Customers shall be responsible for any licenses required for import, export or re-export.

 

 

 

7)Warranty Terms

 

apter guarantees to customer that all products sold by apter under warranty during warranty time, The warranty period is valid from invoice date. The warranty regulations as below:

Unless extra agreed warranty, or all products have 3 months to one year warranty of apter.

apter is not an authorized distributor, thus the warranty from Manufacturer is not available. Customers must check the Manufacturer’s website for more information. Customers must inform apter about any defective products within the warranty period. The warranty offered by apter is subject to acceptance and compliance with the apter policies and terms. If you want to return the products within warranty period, we will replace the defective products. Provided that customer return the related products to apter according to apter's return policy.

Return policy. According to apter warranty terms, the returned products may be replaced to second-hand, used, or repaired products. The replacement is the only duty of our warranty. If after attempts of reasonably times , we’re unable to provide a available replacement product, our company will refund the purchase amount of the product. This will be our sole obligation and your sole remedy.

After the examination and confirmation by apter, it will not subject to warranty if the products problem was caused by misuse, neglect, alteration, improper installation, accident, unauthorized repair or improper testing.

It will not subject to warranty if the serial number or date code is mismatch, removed or defaced the one we sold out.

Except provided in this warranty terms expressly, To the maximum extent permitted by law, all implied guarantee

, terms and conditions(Whether statutory or others) are all excluded. Specially point out: apter doesn’t make any warranty respecting of the product's marketability, its fitness for any particular purpose (use), or infringement act.

 

 

8)Return Policy

 

Return Material Authorization (RMA) Number. No returns of any kind will be accepted by apter unless accompanied by a unique RMA number.

To obtain the RMA number, Customer must either submit an online request for return authorization or send an email to the current salesperson before the return, and Customer must provide the following information: Customer name, applicable invoice number, serial number of the Product, and details of Product problems encountered by the Customer. After the issue of the applicable RMA number, Customer has 14 calender days  to return the Product and apter reserves the right to reject any unauthorized return, the return occurring after the 14-day period or the return of the Product not accompanied by a valid RMA.

 

Defective Product Returns. Customer may return defective Products to apter within the warranty period specified in the "Warranty Terms" section, and the replacement, repair or refund is at apter's option.

 

Non-Defective Product Returns. Customer may request Product return within 15 calender days from the invoice date and apter will review all requests on a case-by-case basis. If Customer get the return authorization and Product is received by apter within 30 calender days of the date of invoice (Product must be in the same condition as when it was originally delivered), 20% of the original Purchase price will be retained by apter as restocking fee and then the remaining amount will be refunded. Products received within 30 calender days of the invoice date or in different condition will not be accepted.

 

Returned Products Must Be Complete. All Products must be returned in their entirety, including all original manufacturer boxes, packing materials, manuals, cables, and any other accessories provided by apter in the original shipment. apter reserves the right to reject the return of incomplete Products or choose to charge a restocking fee of at least 20% when the return is accepted. Customer must note the authorized RMA number on the shipping label of each box or write it on the shipping box. Customer is not allowed to write the RMA number on the original manufacturer's box.

 

Shipping Costs. Customer is responsible for the cost of shipping returned Products; apter is responsible for the cost of shipping replacements for returned Products and will match Customer’s shipping method.

Transportation Insurance. Highly recommend the full insurance, to cover the loss and damages of the return shipment, and section of carrier or delivery which is able to provide the prove of the shipment is highly recommended as well. apter will not be liable for any loss or damages during the shipment of the return.

 

The returned products must be proper packed during the shipment. apter will not be liable for any damages might occur during the returning. To minimize the possibility of product damage in transit, The customer must properly place the product or the product original packing box in the shipping box with packing materials. customer must assure the products are proper wrapped with bubble wraps or packing foam. The shipment without packing foam, bubble wrap and PE(Anti-static) bag is prohibited. Return shipment preferred method is place each product into individual shipping box. If you must ship multiple products in the same shipping box, make sure each product is protected by anti-static bag, and separated by packing foam or bubble wrap. Products may not be returned as scattered or unprotected. Crushed or damaged shipping boxes cannot be committed for returns. Product must not be shipped unboxed or fully wrapped in bubble wrap and secured onto a pallet (As long as it is suitable for the size or weight of the product)

 

Rejection/reception products that incomplete or damaged during shipment. If a package containing products purchased from apter arrives at the customer's location damaged or incomplete, the customer shall refuse to accept delivery from the carrier. If the customer does accept delivery of such packages, the customer must: (1) Note damaged or missing parts on the carrier's delivery record so apter can file a claim; (2)Keep maintain the products as is and the original box and packaging upon arrival; and (3) By methods of calling apter customer service or contacting the apter account manager, notify apter on time, so that can arrange the carrier  inspection and pick up damaged or incomplete products. The customer will be deemed to have accepted the product if the customer fails to notice the damaged or missing parts and saves the product received with the original box and package, and fails to notify apter within five (5) days of products receipt, as if they arrived in perfect condition, and  general return policy of apter applies.

 

9)Limitation of Liability

Customer has no right, and apter is not liable for lost of profit, promotional or manufacturing costs, administrative costs, business interruption costs, data loss, removal or reinstallation costs, reputational damage or customer loss, punitive damages, intellectual property infringement, contract/order loss or any indirect, special, incidental or consequential damages of any nature.

Whatever the nature of the claim(whether it’s contract, tort, warranty or other claims),and customer’s any claim or compensation from apter shall not exceed the purchase price paid for the affected products.(apter's maximum liability is to returns, refunds only.)

 

10)Limitation of Use

Products sold by apter are not recommended or authorized for use in life support, surgical implant, nuclear, or aircraft applications, also not recommended or authorized for any use or application where the failure of any single component could cause significant injury to persons or property. Customer agrees that using or selling products in such applications is at his own risk and agrees that apter and its affiliates will not be liable for any claims or damages arising out of such use.

Customer agrees to fully indemnify for apter and its affiliates from and against any claims, damages, losses, costs, expenses or liabilities to apter and its affiliates arising out of or in connection with the use or performance of the product in the above-mentioned applications, and to make its safe from damage.

Use of the Software will be subject to the terms of any accompanying manufacturer's end user license.

 

11)Software Licence

apter only sells hardware products and doesn’t re-sell the software Licence. Some hardware products may contain software. If you don’t buy the proper software licence from the related manufacturer in advance, it may not operate legally

apter respects other’s intellectual property, and we ask customers to do the same. Customers acknowledge and agree that apter doesn’t provide any operating system software or software use right license for the products we sell. Customers acknowledge and agree the legitimate software licenses, software maintenance and upgrades are subject to applicable manufacturer software license agreements, customers shall solely responsible to obtain a legitimate software license for the applicable products from the manufacturer.

12)Force Majeure

apter shall not be liable for delay in delivery or failure to perform its obligations due to causes beyond its reasonable control, including, but not limited to, product allocations, material shortages, labor disputes, transportation delays, unforeseen circumstances, natural disaster, acts or omissions of other parties, acts or omissions of civil or military authorities, government priorities, fire, strikes, floods, severe weather conditions, computer interruptions, terrorism, epidemics, quarantine restrictions, riots, or war. apter’s time for delivery  and performance will be extended by the period of such delay. apter can also, at its option, inform customer cancel the order or the remaining part without any liability.

 

13)Website Use Policy

Declaration of the content, copyright, and trademarkAll media(download or sample), software, texts, images, pictures, UI, music, videos, logos, brands, artworks, and other content (commonly named  “Content”) on the Website is included but not limited to designing, choosing and arranging. The Content on the Website is possessed or licensed by apter or possessed by the original maker of the Content. And it is under the protection of copyright, trade dress, trademark law, and protection of various other intellectual property laws. Except special regulations in this Term, without prior express written consent by apter, there is no allowance for other websites, media, or for any commercial purpose to copy, record, forward, rent, broadcast, distribute, upload, attach, alter to making new works, implement, digitize, compile, translate or transmit to any other computers in any way. You are not entitled to any patents, copyrights, commercial secrets, trade dress, rights of publicity, or any rights or permission about trademarks. apter reserves all rights not expressly conferred in this agreement.

 

apter is the trademark or service mark of apter. All customized images, icons, logos, and service names are the trademarks and service marks of apter. And some pictures are offered by manufacturers. All other trademarks and service marks belong to the asset of each owner. It is strictly forbidden to use any logos or service marks of apter without prior express written consent by apter. apter does not recognize any proprietary interest in any trademarks and trade names except its own ones.

 

Visit and use this website. apter grants you a limited license to access and use this website, including displaying, copying, distributing, and downloading the content, but only for your personal, non-commercial use, provided that you do not modify the content of this website, any copyright, or other ownership statements. If you violate any website use policy, this license will be automatically terminated. Upon termination, you must immediately destroy all copies in your possession.

 

Website use restrictions. Except as express authorization above, you may not reproduce, modify, distribute, download, display, transmit, post, or transmit this website or its contents in any form without the prior written permission of apter. You may not attempt to gain unauthorized access to the Website. Unauthorized use of this website or any content may violate copyright laws, trademark laws, laws of privacy and publicity, and communications regulations and statutes. The following activities are also expressly prohibited without the prior written permission of apter: Monitoring or copying any content of the website via robot/crawl/automatic devices or manual process; "mirrors" any content on a website or other server; Collect or use product listings, descriptions or prices of competing or advantageous products from suppliers; and any conduct that imposes an unreasonable or excessive load on the website or otherwise interferes with its functioning.

 

Publish and transmit to this website. Except for the information subject to apter privacy and security policy, apter will not treat the information you post or transmit to the website as confidential or proprietary. By sending information to apter through the website (by transmission, posting, or otherwise), you agree that apter may use that information in any way and for any purpose, including apter's business purposes, subject and only to apter's Privacy Policy. You may not post or transmit any threatening, defamatory, pornographic, inflammatory, profane, or otherwise inappropriate content. apter reserves the right to edit, delete and transmit files and information deemed inappropriate.

 

The accuracy of information and disclaimer.apter has made every effort to to present the content on website accurately, but additions,deletions and changes may occur. The content on the website is provided "as it is", neither apter nor its representatives make any representations or warranties regarding the content. To the maximum extent permitted by law, apter and its representatives expressly disclaim all implied warranties in connection with the site or its content, including but not limited to, implied warranties of merchantability, completeness, timeliness, correctness, non-infringement, or fitness for any particular purpose.

Limitation of Liability

Under any condition, any claim or damage (whether direct or indirect, special, incidental, accidental or punitive) arising out of your access to or use of (inability to access or use) the content of this website, neither apter nor its affiliates shall take any responsibilities. Even if apter has been advised of the possibility of such damages.your access and use this website is at your own risk.

 

Links to this website

apter does not review or control the links to this Website or the third party websites that this Website links to, and not responsible for its contents and makes no represent that its contents are accurate or appropriate. Your use of such third party websites is at your own initiative and risk, and may be subject to the terms of use of such other websites.

 

 

14)Privacy and Security

 

apter is committed to protecting your privacy. The amount and type of information we collect from you depends on your activities and usage of our website. Certain services provided by the Website may require you to register or provide personally identifiable information ("Personal and Account Information") for interact with our Website. In this policy, "personal and account information" means your name, company name, account number, address, phone number and email address and any other personally identifiable information, including your industry, purchase history and IP address, or any other information that allows us to contact you .This policy describes our practices for collecting personal and account information through this website.

 

When you browse our website, we may collect your IP address, referral website, browser type, and monitor your activities on our website. This information helps us to provide a more personalized shopping experience to you.

 

When you register on our Website, we will collect your username, password, email address, security questions, as well as the answers to your security questions to protect your account. If you forget your password, we will use your security questions and answers to identify you as the account user. You can help us ensure your privacy security by not sharing your username or password.

 

When you make a purchase on our Website, we will collect your name, address and payment information to process your order. However, you can also provide a credit card number and purchase order number by phone. We will also collect your IP address and information contained in "cookies," such as your purchase and login data, to personalize your shopping experience. If you want to add items into your shopping cart, your browser must be set to accept cookies.

When you communicate with us through our Website, we will collect your email address and other information you provide to respond your communication.

If you have any questions or comments about our privacy practices and the use of cookies, please give us a call or contact Site Support online.

 

15)Others

 

This Policy and the Terms may not be modified or canceled without the written consent of apter. Any provisions of this Policy and the Terms are subject to the local jurisdiction, and the prohibited or unenforceable provisions in that jurisdiction will be invalid to varying degrees according to the injunction and unenforceability of the jurisdiction, but will not affect the remaining provisions in that jurisdiction or other Terms in any other jurisdiction validity or enforce-ability. The various provisions listed in this Policy and the Terms are only effective for the parties to the agreement and do not confer any rights, benefits and claims to any person or company other than the parties to the agreement. The final interpretation and management rights of the provisions of this policy and terms belong to apter,  and this Policy and the Terms shall be applied the laws of China, meanwhile shall be under the jurisdiction of the Siming District Court of Xiamen City.

 

Last update date: August 1st, 2022

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