Terms & Conditions of Sale
Contract. This invoice is the entire contract between Apple Industries, Inc. (“Apple”) and the buyer named on the face of the invoice (“Buyer”) with respect to the goods and materials purchased and any related services (collectively, “Goods”) and it supersedes any prior communications or agreements between the parties about the Goods.
Acceptance. Buyer’s written acknowledgement of this invoice, acceptance of any Goods hereunder, or payment of the amount due by Buyer as indicated on this invoice will constitute its acceptance of these Terms. Without Apple’s express written consent, no additional or different terms proposed by Buyer in its acknowledgement or otherwise will be effective to modify this invoice and Buyer will be deemed to have accepted the invoice and these Terms without such modifications.
All Sales Final. Buyer acknowledges that all sales under this invoice are final.
Taxes. Any Federal or State Excise or Sales Tax for which Apple may be liable on any sale will be charged to and paid by the Buyer. Buyer is responsible for furnishing any resale certificate.
Warranty. All parts (except for light bulbs and cabinet wheels) are under warranty against actual defects in material and workmanship under normal and customary use for a period of one year from the date of purchase. This Warranty does not include labor, unless the defect occurs within 30 days of purchase. The customer is responsible for the inbound freight of items sent in for warranty repair. The customer must call customer service for an RMA on all returns.
Apple may, in its discretion, provide an advance exchange of parts under Warranty. In the event that an advance exchange of parts is provided by Apple, regular ground shipping (U.S. only) of the new parts will be provided by Apple, at no cost to the customer. Any special shipping requests are the responsibility of the customer. Shipping to return the defective parts is the sole responsibility of the customer. All such defective parts must be returned within 15 calendar days after receiving the new replacement parts. If the defective parts have not been returned by the customer within the 15 calendar days, or if any of the parts are deemed not defective or otherwise not under Warranty, no credit will be issued, the advance replacement will be considered a final sale and Apple will charge customer’s credit card accordingly. Apple may require customer’s credit card as a condition to an advance exchange of parts.
This warranty shall be null and void if the equipment has been tampered with or serviced by a person not authorized by Apple to perform the service.
ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED. THIS EXPRESS LIMITED WARRANTY IS THE EXCLUSIVE REMEDY OF THE CUSTOMER, AND IS PROVIDED IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OF IMPLIED. IN NO EVENT SHALL APPLE OR ANY OF ITS RELATED COMPANIES BE LIABLE, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR LOSS OF REVENUE OR PROFITS.
Late Payments. If Buyer fails to pay the invoice amount when due, Apple may recover from Buyer: (i) interest at the rate of 1 1⁄2 % per month of the total amount outstanding, and (ii) any expenses and/or attorney’s fees incurred in connection with attempts to collect the outstanding balance.
Binding Effect; Governing Law. This invoice is binding on the parties and their respective directors, officers, employees, agents, subcontractors, successors and permitted assigns.
This invoice will be interpreted and enforced under the laws of the State of New York, USA (including, without limitation, the provisions of the Uniform Commercial Code as adopted by New York), without giving effect to the conflict of laws provisions. In no event will the provisions of the U.N. Convention on the International Sale of Goods apply to this Invoice.