Terms of Sale

Appex Company - Terms of Sale

Warranty Information
Customer is entitled to the manufacturer's limited express warranty, if any, that accompanies the product. Appex Company makes no additional or independent warranty. All other warranties, expressed or implied, including the warranties of merchantability and fitness for a particular purpose are disclaimed. Appex Company shall under no circumstances be liable for special, incidental, or consequential damages including loss of profit, even if it has been advised of the possibility of such damages; the maximum liability for all direct damages, if any, arising out of any action shall be limited to an amount not to exceed the purchase price of the product.

Errors and Omissions
Appex Company makes every effort to ensure the accuracy of the information published on our web site. However, the documents and graphics published on our web site may contain technical inaccuracies or typographical errors. Appex Company makes no representations about the suitability of the information and graphics presented on our web site. All such documents and graphics are provided "as is" without warranty of any kind.

If an error is made and a product is listed at an incorrect price, Appex Company shall maintain the right to refuse or cancel any orders placed at the incorrect price. If the order has been confirmed and charged to your credit card, Appex Company shall immediately issue a credit in the amount of the incorrect price.

Non-U.S. Internet Users
Sales of our products must follow U.S. Commerce Department regulations and State Department restrictions. Certain hardware products may not be exported to certain countries, or may be exported only with individual licenses; and software that contains DES data and/or encryption technology may not be exported outside the U.S.

Standard Terms of Sale
All sales are subject to the following terms and conditions:

1. Customer Acknowledgment
Customer acknowledges agreement with these Terms of Sale by the placement of an order to purchase a Product from Appex Company.
2. The Customer agrees that any dispute with Appex Company arising out of the Customer's purchase from Appex Company shall be brought by the Customer exclusively in the state or federal courts situated in the State of New York and County of Erie ; and the Customer hereby agrees that such venue is appropriate.
3. Purchase Price
Prices are listed in Appex Company's web site, and are subject to change without notice. Prices for certain government, corporate, and institutional customers may be set forth in a bid or other written agreement between the parties.
4. Payment Terms
Appex Company at its sole discretion may extend credit to Customer. If credit is extended to customer, payment terms shall not exceed net 30 days from shipment date.

5. Shipping Terms
Shipping terms are F.O.B. shipping point. Appex Company charges shipping and handling fees on shipments. Such fees include carrier freight charges, order processing, packaging and handling and other associated costs and do not necessarily equate to the aggregate of such costs. Risk of loss is upon Customer once Appex Company delivers the product to the carrier. Delivery times are estimates only and Appex Company shall not be liable for delays.
6. Vendor license agreements
Customer agrees to abide by all license provisions or end user agreement imposed by the manufacturer or publisher.
7. International
Products sold by Appex Company, including equipment and software, are for use within the United States. Diversion contrary to United States law is prohibited. Customer warrants and represents that it is eligible to receive products under United States law and agrees to abide by any export or re-export restrictions imposed by the manufacturer or publisher.

8. LIMITED MANUFACTURER'S WARRANTY
(a) Appex Company warrants that it has good title to the hardware products it sells, and that it has proper authority to license the software products it distributes.

(b) Appex Company does not warrant the performance or integrity of any Product, but merely passes through to the Customer whatever end-user warranty the manufacturers or software publishers provide with their respective products.

(c) STATEMENTS MADE TO YOU IN THE COURSE OF ANY PRIOR, CURRENT, OR FUTURE SALE ARE SUBJECT TO THE YEAR 2000 INFORMATION AND READINESS DISCLOSURE ACT, (___U.S. C.___) (P.L. 105-271). IN THE CASE OF A DISPUTE, THIS ACT MAY REDUCE YOUR LEGAL RIGHTS REGARDING THE USE OF ANY SUCH STATEMENTS, UNLESS OTHERWISE SPECIFIED BY YOUR CONTRACT OR TARIFF.

(d) APPEX COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED BY LAW, INCLUDING MERCHANTABILITY AND USE FOR A PARTICULAR PURPOSE.

(e) Appex Company has no control over the technology of the Products sold herein, and therefore cannot and does not indemnify Customer for claims by third parties that Products infringe any patent, copyright, trademark or trade secret. Appex Company will pass through any such indemnity it receives from the Product manufacturer or supplier.

9. LIMITATION OF LIABILITY
IN NO EVENT SHALL APPEX COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT OR OPPORTUNITY. CUSTOMER'S SOLE AND EXCLUSIVE REMEDY IS STATED IN THE MANUFACTURER'S OR PUBLISHER'S END USER WARRANTY ACCOMPANYING THE PRODUCT. IN NO EVENT SHALL APPEX COMPANY'S LIABILITY EXCEED THE REPAIR, REPLACEMENT OR COST OF THE SPECIFIC PRODUCT PURCHASED FROM APPEX COMPANY. SOME STATES MAY NOT RECOGNIZE A DISCLAIMER OR LIMITATION OF WARRANTIES AND/OR LIMITATION OF LIABILITY SO THE ABOVE DISCLAIMERS MAY NOT APPLY. CUSTOMER MAY ALSO HAVE DIFFERENT AND/OR ADDITIONAL RIGHTS AND REMEDIES THAT VARY FROM STATE TO STATE.

10. Return Privileges
To request a return or an exchange, contact your Account Executive. We do not automatically ship replacement product during the return process and shipping charges are non-refundable. All exchanges and returns require a Return Merchandise Authorization (RMA) number. The RMA must be requested within 20 days of receipt of product. Failure to return a product within 10 days of RMA issuance date will be deemed to be an acceptance of the product therefore, all sales are final. The customer is responsible for shipping the product with adequate insurance coverage, in original packaging with all accessories, software, manuals and blank warranty cards using an authorized carrier that allows your package to be tracked. Tracking information is required. All non-defective returns authorized by Appex Company, whether opened or unopened, will be assessed, at our discretion, a minimum 15% restocking fee.

Return privileges are subject to various manufacturers' policies. Many manufacturers have imposed certain return restrictions. Consequently, Appex Company reserves the right to decline specific return requests based on those restrictions. Be sure to ask your Account Executive about specific return conditions before you purchase any item.

11. Exclusive Agreement
These Terms of Sale represent the complete and final agreement between the Customer and Appex Company for the matters set forth herein, and shall be supplemented only by the prices, quantity, and descriptions set forth in Appex Company's invoice for the relevant sale. Terms contained in Customers' purchase orders, offers to buy, terms and conditions, and the like shall have no effect.

12. General
(a) These Terms of Sale and any transactions made under them shall be interpreted by and be subject to the laws of the State of New York.

(b) In the event any section or portion of a section of these Terms of Sale are deemed unlawful or unenforceable, that section or portion of a section shall be stricken from the Terms of Sale, and the remaining terms shall continue in full force and effect.

(c) Appex Company shall not be responsible for damages or delays resulting from Acts of God, and from other actions, both governmental and otherwise, including but not limited to war, terrorism, riot, seizure, and embargo.

(d) These Terms of Sale may be modified from time to time by Appex Company without notice, and are current as of the date of the then current web site.

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