Last updated: October 8, 2020

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 on this website and documents herein contained is Advanced Power Technologies Proprietary Information and is disclosed in confidence. It is the property of Advanced Power Technologies and shall not be used, disclosed to others or reproduced without the express written consent of Advanced Power Technologies. 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 Advanced Power Technologies, are disclosed by Advanced Power Technologies in confidence, and, except as Advanced Power Technologies may otherwise permit in writing, are to be used, disclosed, or copied only to the extent necessary for the evaluation thereof by 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 Advanced Power Technologies. Drawings provided in the proposal stage for custom pieces of equipment are subject to final engineering evaluation, after the receipt of order. Any drawing provided in the proposal stage is a reference only drawing and may differ from the first submittal revision based on engineering evaluation. All such material, together with all copies thereof, is to be returned to Advanced Power Technologies when it has served its purpose, or shall be otherwise disposed of as directed by Advanced Power Technologies.

Submittals

An order is considered to be on “Hold” until APT receives a notice from the customer to release the order to manufacturing.

A full submittal package, consisting of drawings and/or cut sheets to be reviewed and approved by the customer, is available for all projects 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.

The submittal lead-time quoted herein is for estimating purposes and applicable to the availability of first revision of the prepared submittal package only.

The following time is not included in the estimated submittal lead-time:

Time to evaluate design changes based on changing customer requirements.

Time for revision and resubmittal packages.

Time for customer to review and approval of submittal drawings.

Order Scheduling & Expediting Policy

The submittal & manufacturing lead-times quoted herein are for estimating purposes only. The actual shipping schedule will be based on engineering & manufacturing loading at time of order placement, availability of critical components, receipt of complete and necessary technical information with the order, and the date on which APT receives authorized release to manufacture.

Price(s) quoted are for estimated lead times given; expedited schedule may require additional charges.

Expedite 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

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

Equipment will be delivered F.O.B. Lafayette, IN with a standard ground freight charge prepaid and added to the next customer invoice.

Add 3% if F.O.B. destination is required.  (Continental U.S. only)

Other incoterms are available upon request for an additional cost.

Expedited freight options are available upon request and customer to specify the expedite service to be used: 3-4 business days, 2nd business day air, next business day air, etc.

Customers are welcomed to arrange and pay for shipping directly with the shipping carrier of their choice. Please notify APT as soon as possible to schedule pick up from APT loading docks.

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 date of shipment from the seller’s factory or (12) months after 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 seller.

This does not include any on site installation or transportation costs.

No warranty is provided for the equipment manufactured by others, when such equipment is warranted by its respective makers.

No warranty is provided for the equipment or engineering solutions specified or supplied by the customer or for any consequential damages caused by such equipment or engineering solutions.

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 the 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.