ACCEPTANCE OF TERMS AND CONDITIONS: The use of this website is governed by the policies, terms, and conditions set forth below. Your use of this site indicates your acceptance of these terms and conditions. Your placement of an order indicates your acceptance of these terms and conditions. Your submittal of any purchase order to Applied Equipment Solutions, LLC indicates acceptance of these terms and conditions. Applied Equipment Solutions, LLC reserves the right to make changes to this site and the Terms of Use at any time.
PRODUCTS: Products (parts, components, items, materials, assemblies) herein are of the Manufacturer’s standard or available construction and specifications. It is Buyer’s final responsibility to determine if these products satisfactorily meet Buyer’s or Buyer’s customer’s plans, specifications and requirements. Weights and dimensions when given are approximate unless certified in writing by the Manufacturer.
SELECTION AND END USE: Seller is not in any way liable for selection, application, or suitability of products herein for any particular use or for any installation or operational costs incurred with these products, all of the aforesaid being the final responsibility of Buyer.
QUOTATIONS: Seller as a service to Buyer may quote orally or in writing from time to time current prices then in effect for products or services offered for sale by Seller; however, such prices are subject to change without notice. Quotations may be withdrawn at any time prior to actual receipt by Seller of a written purchase order and release from Buyer to manufacture and/or ship the products or perform the services described herein. Quotations shall become null and void upon the elapse of thirty (30) days from the date of quotation unless earlier withdrawn. Seller does not assume any responsibility for any variation in quantity or omission of any item in any quotation that may be required by any plan or specification or otherwise. Seller is not responsible for any typographical errors or reproduction deficiencies. Quotations for the Quantities, Products and Services described herein are subject to these Terms and Conditions only; Seller will only accept orders on these exact Terms, Conditions and Provisions and no inconsistent terms, conditions, provisions or modifications will be agreed to unless specifically approved in writing by an officer of Seller.
PURCHASE ORDERS AND ACCEPTANCE: Purchase orders of Buyer resulting from oral or written quotations of Seller shall be subject to the Quantities, Products and Services herein, these Terms and Conditions, and the written approval signed by an authorized representative of Seller in the Seller’s acknowledgement. Any term(s), condition(s) or provision(s) of Buyer’s purchase order which are inconsistent with these stated herein, shall not be binding on Seller and shall not be considered applicable to the sale or shipment of the products or performance of the services described herein. Unless Buyer shall notify Seller in writing to the contrary as soon as practical after receipt of Seller’s acknowledgement, acceptance of Seller’s Terms and Conditions hereof by Buyer shall be presumed and, in the absence of such notification, Buyer’s oral or written release to manufacture and/or ship the products or perform the services described herein, shall be conclusively deemed as Buyer’s acceptance of these Quantities, Products, Services, Terms and Conditions herein. If Buyer notifies Seller in writing of his objections to any of the Terms, Conditions and Provisions described herein, such objections are not accepted by Seller unless specifically accepted in writing signed by an officer of Seller. Seller’s responsibility is limited solely to the furnishing of the products or services described herein and assumes no responsibility for any other or further requirements or conditions expressed in any plan, specification, purchase order or other document.
SUBMITTAL: If Specifically requested in writing by Buyer at the time of purchase order, Seller will prepare submittal data (product bulletins, descriptive data, curves, diagrams, each independently as required) for written approval, corrections, or rejection by Buyer, Buyer’s customer or Buyer’s customer’s authorized representative. Any changes in the submitted products required by the approving authority will be at the Buyer’s expense and supported by a written change order in accordance with Sellers Terms and Conditions. In case of dispute between Buyer and Seller of required changes or rejection of the products herein, either Buyer or Seller may cancel this contract in writing to the other without penalty, unless Buyer has previously released to manufacture and/or ship the products in question, which in such case Buyer will be fully responsible for the products and all payments as if a submittal had not been requested. In no case will Seller be obligated to offer for sale or furnish any modified or alternate products to those described herein.
TIME OF SHIPMENT: Stated shipping dates are approximate. Seller shall not be liable or subject to any special or consequential damages for failure to deliver or delays in delivery occasioned by causes beyond Seller’s control, including, but not limited to, strikes, lockouts, fires, inability to obtain materials or shipping space, breakdowns, delays of carriers or suppliers and governmental acts and regulations.
DELIVERY AND FREIGHT: Delivery of these products shall be F.O.B. the place of shipment to Buyer. Thereafter Buyer assumes full responsibility for any damage or loss irrespective of Seller’s prepayment of freight charges. Buyer shall furnish at Buyer’s expense, labor and equipment necessary to expeditiously unload products delivered by Seller. Any expenses incurred by Seller due to the delay in unloading shall be reimbursed to Seller by Buyer.
STORAGE: A product held in storage for the convenience of Buyer will be invoiced to Buyer as if the products were shipped and Buyer agrees to pay for same plus additional reasonable storage charges in accordance with the following payment terms.
PAYMENT: Buyer agrees to pay Seller within thirty (30) days of invoice date. If Seller has not received payment within these thirty (30) day terms, Seller may add and receive payment from Buyer interest charges at the rate of 1½% per month on unpaid balance plus such other reasonable collection costs and expenses incurred including attorney’s fees, collections fees, court costs and otherwise. Cash or anticipation discounts are not offered unless specifically stated on Seller’s invoice, no discounts are allowed on freight, shipping, taxes or interest charges. Cash discounts offered for early payment are earned only when payment is received in the office of Seller on or before the specified discount terms or date. Seller reserves the right to make partial invoices(s) for storage, shipments or services performed and receive payment in accordance with the above terms. Buyer agrees not to make any deductions for taxes, freight, retainages, alleged damages or otherwise from any payments due herein. Payment by credit card may incur a 4% fee.
TAXES: Buyer shall pay in addition to the purchase price and other charges herein, all excise, sales, privilege, use or other taxes, Federal, State, Local or Foreign. Buyer shall be solely responsible for said taxes on all applicable orders.
CREDIT AND DEFAULT: If financial responsibility of Buyer becomes impaired or unsatisfactorily in the sole judgment of Seller under this or any other contract between the parties, advance cash payments or satisfactory security shall be given by Buyer upon demand by Seller and any shipments due under this or any contract may be withheld until all payments due are received in full and Buyer’s credit has been re-established satisfactorily in the sole judgment of Seller. In addition to all other remedies (in law and in equity), in the event of default by Buyer under the terms of this agreement, Seller shall have the right to take exclusive possession of the products sold herein wherever found and to remove same without legal process, any payments having been made on account thereof to be retained by Seller as liquidated damages; or Seller may, in addition to all other remedies available to it, if it deems said products are not readily removable or resalable, sue for and collect any unpaid payments including interest charges, plus such other costs and expenses as Seller has incurred or may incur which shall become immediately due and payable upon Buyer’s default of any of the terms of this contract, said remedies to be cumulative.
WARRANTIES: There is NO WARRANTY, representation or condition OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING NO WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE) by Seller regarding the products herein; Buyer is solely limited to the Manufacturer’s express written warranty, copies of which will be furnished to Buyer upon request. No warranty conditions will be considered until payment of this contract has been made in full.
ORDER ACCEPTANCE POLICY: Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Applied Equipment Solutions reserves the right at any time after receipt of your order to accept or decline your order for any reason. All orders placed over $5000.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order.
SELLER’S LIABILITY: Seller’s liability shall be limited to the stated selling price of any defective product and in no event shall Seller be liable for prospective profits or special, direct, indirect or consequential damages of any kind caused by a product, component or part failure. Buyer assumes all risk and liability for loss, damage or injury to persons or property of Buyer or others arising out of the use or possession of any product, component or part herein.
SERVICE: Seller does not include any field or shop labor or service equipment and/or materials for the products herein unless specifically stated as an item in the body of this contract. Any service requested in addition to that not included in the body of this contract will be considered a separate contract and require a separate purchase order from Buyer. No service requests will be accepted or performed when Buyer’s account is past due according to the payment terms herein.
CHANGE, MODIFICATION, CANCELLATION: This contract cannot be changed, modified or cancelled except by written agreement executed by Buyer and an officer of Seller.
JURISDICTION AND VENUE: This agreement shall be governed and construed in accordance with the law of the State of Maryland. Any action brought against Applied Equipment Solutions, LLC shall be brought in either the Federal District Court for the District of Maryland, or in the proper state court located in Worcester County Maryland.
TRANSACTIONAL OR RELATIONSHIP MESSAGES: By placing an order on this website, you agree to receive emails that facilitate an agreed-upon transaction and/or updates a customer in an existing business relationship.
LIMITS ON WEBSITE CONTENT: This site is owned and operated by Applied Equipment Solutions, LLC. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images are the sole property of Applied Equipment Solutions, LLC. All audio and video clips are the sole property of Applied Equipment Solutions, LLC or their respective content providers. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without prior written permission from Applied Equipment Solutions, LLC.
TYPOGRAPHICAL ERRORS: In the event a product is listed at an incorrect price, or with incorrect information due to a typographical error, grammatical error, or error in pricing or product information received from our suppliers, Applied Equipment Solutions, LLC shall have the right to refuse or cancel any orders placed for product listed at the incorrect price or with the incorrect information. Applied Equipment Solutions, LLC shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Applied Equipment Solutions, LLC shall immediately issue a credit to your credit card account in the amount of the charge.
LINKS TO THIRD PARTY WEBSITES: This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Applied Equipment Solutions, LLC is not responsible for the operation of or content located on or through any such site.
PRIVACY POLICY: Buyer has read, and agreed to the Privacy Policy of Applied Equipment Solutions, LLC, as published on this website.
