Terms And Conditions
APS WATER
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Terms And Conditions

We provide our products and services direct to consumers as well as to distributors worldwide. All are welcome.
When ordering material, please use APS Water Services Corporation part number, size and other definitive information necessary to correctly complete your order. APS Water Services Corporation reserves the right to correct clerical errors or omissions in quotations or other documents.

Orders and contracts are subject to acceptance at the office in Van Nuys California. Any statement in an order or contract which modifies APS Water Services Corporation's Terms and Conditions as set forth here, must first be accepted in writing by APS Water Services Corporation. Any order cancelled after acceptance by APS Water Services Corporation is subject to a 25 percent cancellation charge.

Prices and Quotations. Orders will be invoiced at the prices in effect at the time of shipments. Unless otherwise specified, prices are F.O.B. point of shipment. All prices and quotations are subject to change without notice. Items not listed in this catalog will be quoted on application.

Taxes. Any tax that may be imposed by law on the sale of articles made or sold by this company shall be added to the sale price of such articles.

Terms: Our normal terms are credit card, cash, checks and purchase orders from approved purchasers. All international sales require payment by wire transfer unless otherwise agreed upon.  All sales are final.

OPEN ACCOUNT: You may also qualify for an open account. We require the names of three suppliers who you've had a satisfactory open account relationship with for at least one year plus the name of your bank. In some cases a financial statement is also required. Open account terms are Net the 10th of the month following purchase. Customers with balances due after the last day of the month following purchase are subject to a two percent (24 percent per annum) late charge. Customers may pay all or part of their open account balance with a Visa, Mastercard, Discover or American Express. An additional three percent of the balance being paid will be added to cover additional processing expenses incurred by APS Water Services Corporation.

Freight: We deliver via UPS or commercial carrier. We reserve the right to select the most economical method of delivery or to charge for the difference if we use a carrier you select.

Special Orders for Stock Products: A $10 special handling fee may be added to all sales orders where an item(s) must be special ordered with our vendor. This same fee also applies to items that we must dismantle to satisfy your order.

Special Orders for Non-Stock Products: Requests for cancellation of these orders will not be considered if the manufacturer of the product is in process or the special product has already been shipped by the manufacturer when the customer's request for cancellation reaches our office. Special orders for non-cataloged items, or products made to customer's specifications cannot be returned for any refund.

Warranty. All products are warranted to authorized purchasers purchasing from APS Water Services Corporation as to workmanship and material for a period of one year from date of shipment, when the products are used in recommended service. APS Water Services Corporation's liability and its customer's exclusive remedy under this warranty, expressed or implied is expressly limited to repair, replacement or credit at APS Water Services Corporation's option, for such parts as proven defective if such product(s) or part(s) are shipped, shipping charges prepaid, to APS Water Services Corporation at 7320 Valjean Ave, Van Nuys California 91406. APS Water Services Corporation will examine such product(s) or part(s) promptly upon arrival. If a defect covered by this warranty is found, APS Water Services Corporation will in its sole discretion, either repair the defect or replace the defective part(s). If a part is replaced, it is a condition of this warranty that APS Water Services Corporation be allowed to keep the replaced part. Costs of shipping all parts or products back to the customer shall be solely the responsibility of the customer; repairs and replacements are furnished F.O.B. APS Water Services Corporation only.

NOTE: This warranty is extended to purchasers who have purchased products covered from APS Water Services Corporation. APS Water Services Corporation extends no warranty of such products to 'consumers', as that term is defined in the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act (14 U.S.C. 2301 et. seq.), and the regulations promulgated thereunder. There are no warranties other than those contained in this statement, and neither any representation or affirmation made not any drawing or sample shown, shall be deemed to create any warranty or standard of performance. In the event that any APS Water Services Corporation product is modified at any place other than the point of original manufacture, this warranty is null and void. The warranty set forth in this paragraph is made expressly in lieu of all other warranties expressed, implied or statutory, including, but not limited to, warranties with respect to quality, merchantability, or fitness for a particular purpose.

Limitation of Liability. The exclusive remedy to which APS Water Services Corporation may be subjected by reason of any breach of warranty, or in connection with any goods supplied by APS Water Services Corporation, or by reason of any breach of agreement shall be for damages and the amount of damage for which APS Water Services Corporation shall be liable shall be limited in accordance with the provisions hereof. APS Water Services Corporation's liability for any and all losses and damages to purchaser or any other person resulting from any breach of any warranty by which APS Water Services Corporation may be bound, from any damaged or defective goods supplied by APS Water Services Corporation (regardless of whether any said defect shall be discoverable or latent), failure to deliver, breach of agreement, or any other cause whatsoever, including APS Water Services Corporation's negligence, shall in no event exceed the purchase price of the particular goods with respect to which losses or damages are claimed, or at the election of APS Water Services Corporation, the repair or replacement of defective or damaged goods. In no event, including a claim of negligence, shall APS Water Services Corporation be liable for incidental or consequential damages as defined in Section 2-715 of the Uniform Commercial Code. Without limitation to the foregoing, in no event shall APS Water Services Corporation be liable for the loss of use of the product, process, plant, equipment or facilities of the pur­chaser or the end-user whether partially- or wholly-due to defects in material and/or workmanship and/or design of APS Water Services Corporation's product and in no event shall APS Water Services Corporation be liable for expenses necessary to remove or reinstall any product supplied by APS Water Services Corporation, or for any damages to other property or equipment resulting from any such removal or reinstallation. Damages resulting from improper storage, improper product rotation, improper handling, freezing, improper installation, fire or any act of God will not be considered by APS Water Services Corporation as its liability.

APS Water Services Corporation will not assume any expenses or liability for repairs or modifications made to its products, without its written consent.

SELLER’S Liability. SELLER SHALL NOT BE LIABLE FOR PROSPECTIVE PROFITS OR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, NOR SHALL RECOVERY OF ANY KIND AGAINST SELLER BE GREATER IN AMOUNT THAT THE PURCHASE PRICE OF THE SPECIFIC GOODS SOLD AND CAUSING THE ALLEGED DAMAGE, WHETHER SUCH CLAIM BE BASED ON CONTRACT OR TORT; provided, however, the aforesaid to the contrary notwithstanding, SELLER shall not be liable for any bodily injuries or property damage directly caused by its willful, wanton or negligent acts.

Delivery: APS Water Services Corporation's responsibility ceases upon delivery to any common carrier. APS Water Services Corporation does not, unless under previous written agreement, insure shipments beyond the point of delivery to such carrier.

CLAIMS OF LOST OR DAMAGED PRODUCTS IN TRANSIT SHALL BE FILED BY THE CUSTOMER DIRECTLY TO THE CARRIER

Delivery Delays: APS Water Services Corporation shall not be responsible for delays resulting from strikes, accidents, negligence of carriers or any other causes beyond our control. APS Water Services Corporation may, during a period of shortage due to causes beyond its control, prorate the supply of its products among all of its customers in such a manner as may be deemed equitable at the sole discretion of APS Water Services Corporation.

All sales are final.

Returned Goods: Materials must not be returned unless consent has first been obtained in writing from the Van Nuys Ca. office. APS Water Services Corporation reserves the right to refuse acceptance of deliveries of materials returned without this consent. All returns of saleable goods will be subject to a 25% percent restocking/handling charge. All authorized returned goods must be shipped prepaid by the customer FOB our warehouse.

Errors, Shortages, etc: Claims for errors, shortages and the like must be made on receipt of goods, otherwise no allowance will be made.

WHEN PRODUCTS ARE SHIPPED ON WRAPPED PALLETS, INDIVIDUAL CARTONS MUST BE COUNTED UPON RECEIPT. ANY SHORTAGES OR OTHER DISCREPANCIES MUST BE NOTED ON THE DELIVERY RECEIPT AT THE TIME OF RECEIPT OR CLAIMS WILL BE CONSIDERED WAIVED.

Product Changes: APS Water Services Corporation reserves the right to make changes in pattern, design or materials when deemed necessary, without prior notice. Products which have become obsolete by reason of design change or discontinued as a manufactured item may not be returned for any refund.

Error and Omissions : APS Water Services Corporation offers no warranty and will not assume liability for typos or out dated information including pricing on any printed or web materials.  Since our vendors are subject to change pricing without prior notice we must also reserve this rights.

Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against APS Water Services Corp or its officers must be resolved by a court located in Los Angeles County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes.

Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ('ADR') provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Improperly Filed Claims - All claims you bring against APS Water Services Corp or its officers must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, APS Water Services Corp or its officers may recover attorneys' fees and costs up to $1000, provided that APS Water Services Corp or its officers has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.”
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APS Water Services Corp. 7320 Valjean Ave, Van Nuys, CA. 91406
800-460-9011 Toll Free | 818-786-0600 Local/International | 818-786-2347 Fax | Public@apswater.com




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10/18/2017 at 4:54:11 PM
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