I. Terms & Conditions: General
You may not at any time reproduce any part of this site without the expressed, written consent of an authorized agent of APSCo. The management of APSCo and all authorized agents, reserve the right to grant, reject or revoke these rights and privileges at any time. Violations of this decree can result in criminal and civil charges.
Materials provided on this website shall never be used for any criminal purposes. In those situations, APSCo will not be held liable for any damages that those criminal actions, intentional or accidental, may have caused.
II. Terms & Conditions: Sale of Goods
1. ACCEPTANCE: All orders are booked subject to acceptance by the Seller. Acceptance of any order by Seller constitutes a complete and binding contract governed by the terms and conditions set forth herein and by the laws of the State of New Jersey.
Seller is not bound by any provisions in Buyer’s purchase order, if any which may impose any term or conditions herein. Seller’s failure to object to provisions contained in such purchase order of Buyer shall not be deemed to be a waiver of the terms and conditions herein which shall constitute the entire contract between the parties.
2. PAYMENT: Invoice payments due Net 30. No discount may be taken unless negotiated in advance. A finance charge will be computed on past-due balances.
3. SHIPPING: Free shipping for individual orders of $350+ (pre-tax); online ordering system adds $25.00 service and handling fee for orders below $350. Orders placed for delivery within APSCo’s primary trading area (NY/NJ/CT tri-state) will be shipped within two business days from the day the order was placed. Any delivery dates noted are subject to reasonable adjustment. Shipment or tender of delivery prior to receipt of written cancellation shall constitute good delivery. No minimum for orders picked up from APSCo. No minimum for orders shipped direct from a manufacturer to customer.
4. TAXES: Taxes attributable to the sale shall be paid by Buyer. In the event any special taxes, sales or occupation taxes or new or additional customs duties are levied by the United States or any state of the United States, upon the goods specified herein or upon the sales of such goods, prior to delivery of this order, then the prices set forth herein shall be advanced to the extent of the increased cost caused thereby.
5. CREDIT: Seller reserves the right to limit or cancel the credit of Buyer as to time and amount and, as a consequence, may required payment either (i) cash before delivery, (ii) cash payment of sight draft against bill of lading or (iii) cash on delivery. Seller may demand payment in cash before delivery of any unfilled portion of this contract. In the event of breach or repudiation by Buyer or any contract with Seller, or in the event of the commencement by or against the Buyer of any bankruptcy, insolvency or arrangement proceeding with respect to Buyer, or in the event Buyer becomes insolvent, or calls a meeting of its creditors or makes any assignment for the benefit of creditors, Seller may cancel this or any other contract with Buyer. In the event of such cancellation, Buyer shall remain liable for damages.
6. CONTINGENCIES: Seller shall not be liable for any embargo, shortage of cars, act of governmental authority, labor trouble, accident, riot, casualty, Act of God, fire, flood, war or other condition or cause of like or unlike nature beyond the control of Seller which interferes with the production, supply or transportation of the goods sold hereunder. In any such event, Seller may, without notice to Buyer, postpone the delivery dates for a time which is reasonable under all the circumstances, or make partial delivery or cancel all or any portion of this or any other contract with Buyer.
7. CLAIMS: Buyer must accept delivery of the goods regardless of any claim, but such acceptance shall be without prejudice to such claim. However, no claim may be asserted unless made in writing by the Buyer to the Seller within 24-48 hours after any defect in the goods or in Seller’s performance hereunder becomes apparent. Seller’s liability with respect to the goods sold hereunder whether for breach of warranty or contract, defective goods, non delivery, negligence or otherwise is limited in amount to the purchase price of such goods, regardless of the nature, or extent of any loss. In no event shall Seller be liable for incidental, consequential, special damages or loss of profits.