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terms

Terms and Conditions for Use of Apeks Online Store

  1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. 

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. 

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH APEKS LLC, DOING BUSINESS AS APEKS SUPERCRITICAL, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These terms and conditions (these “Terms“) apply to the purchase and sale of products and services through www.apekssupercritical.com, www.apeksonlinestore.com or other Apeks site(s) (collectively, the “Site“). These Terms are subject to change by Apeks LLC, doing business as Apeks Supercritical (referred to as “Apeks“, “us“, “we“, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the terms and conditions that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see Section 8).

  1. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation e-mail with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Apeks and you will not take place unless and until you have received your order confirmation e-mail. You have the option to cancel your order at any time before we have sent your order confirmation e-mail by calling our Customer Service Department at 1-844-446-4262 Extension 5.
  2. Prices and Payment Terms.
    1. All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation e-mail. We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
    2. Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept those certain credit cards identified on the Site for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
  3. Shipments; Delivery; Title and Risk of Loss.
    1. All orders are subject to product availability. If an item is not in stock at the time you place your order, we will notify you and refund you the total amount of your order, using the original method of payment.
    2. Items offered on the Site are only available for delivery to addresses in the United States.
    3. An estimated delivery time will be provided to you once your order is placed. Delivery times are estimated and commence from the date of shipping, rather than the date of order. Delivery times are to be used as a guide only and are subject to the acceptance and approval of your order. Unless there are exceptional circumstances, we make every effort to fulfill your order within 15 business days of the date of your order. Business day means Monday to Friday, except holidays. Please note we do not ship on Sundays. Date of delivery may vary due to carrier shipping practices, delivery location, method of delivery, and the items ordered. Products may also be delivered in separate shipments. You can provide special delivery instructions on the check-out page of our Site.
    4. Shipping costs are based on the weight of your order and the delivery method. To find out how much your order will cost, simply add the items you would like to purchase to your cart, and proceed to the checkout page. Once at the checkout screen, shipping charges will be displayed. Additional shipping charges may apply to remote areas or for large or heavy items. You will be advised of any charges on the checkout page of the Site. Sales tax is charged according to the state to which the item is shipped.
    5. Title and risk of loss pass to you upon our transfer of the product to the carrier or deliverer. If there is any damage to the packaging on delivery, please contact us immediately 1-844-446-4262 Extension 5 or e-mail our Customer Service Department at kristenj@apekssupercritical.com.
  4. Returns and Refunds.
    1. We accept returns or exchanges if the item you purchased is defective. If you receive a defective item, please contact us at immediately 1-844-446-4262 Extension 5 or e-mail our Customer Service Department at kristenj@apekssupercritical.com. You can send the item you consider defective to: Apeks Supercritical Systems, 150 Commerce Blvd., Johnstown, Ohio 43031.
    2. We also accept returns even if the item you purchased is not defective, less a restocking fee as set forth below. You can return unopened items in the original packaging within 30 days of your purchase with receipt or proof of purchase. If 30 days or more have passed since your purchase, we cannot offer you a refund or exchange.
    3. Upon receipt of the returned product, we will fully examine it and notify you via e-mail, within a reasonable period of time, whether you are entitled to a refund or a replacement as a result of the defect, or if any damage occurred during shipment. If you are entitled to a replacement or refund, we will replace the product or refund the purchase price, using the original method of payment.
    4. Only regular priced items may be refunded; sale items are non-refundable (unless such items are defective). You are responsible for all shipping and handling charges on returned items. You bear the risk of loss or damage during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. All returns except for defective items are subject to a 25% restocking fee.
  5. LIMITED WARRANTY.

THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. 

WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP. 

WE ALSO WARRANT THAT DURING THE WARRANTY PERIOD THE SERVICES PURCHASED FROM THE SITE WILL BE PERFORMED IN A WORKMANLIKE/PROFESSIONAL, AS APPLICABLE, MANNER AND IN ACCORDANCE WITH GENERALLY RECOGNIZED INDUSTRY STANDARDS FOR SIMILAR SERVICES.

WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. OUR RESPONSIBILITY FOR DEFECTIVE SERVICES IS LIMITED TO REPAIR, RE-PERFORMANCE OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.

    1. Who May Use This Warranty?

This limited warranty extends only to the original purchaser of products and services from the Site. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.

    1. What Does This Warranty Cover?

This limited warranty covers during the Warranty Period (as defined below) defects in materials and workmanship in products and services purchased from the Site.

    1. What Does This Warranty Not Cover?

This limited warranty does not cover any damages due to:

      1. transportation;
      2. storage;
      3. improper use;
      4. failure to follow the product instructions or to perform any preventive maintenance;
      5. modifications;
      6. combination or use with any products, materials, processes, systems or other matter not provided or authorized in writing by Apeks;
      7. unauthorized repair;
      8. normal wear and tear; or
      9. external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
    1. What is the Period of Coverage?

This limited warranty starts on the date of your purchase and lasts for one year, the “Warranty Period“. The Warranty Period is not extended if we repair or replace a warranted product or re-perform a warranted service. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.

    1. What Are Your Remedies Under This Warranty?

With respect to any defective products during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such products (or the defective part) free of charge or (ii) refund the purchase price of such products. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective products.

With respect to any defective services during the Warranty Period, we will, in our sole discretion, either: (i) repair or re-perform the defective services free of charge or (ii) refund the purchase price of such services.

    1. How Do You Obtain Warranty Service?

To obtain warranty service, you must call 1-844-446-4262 Extension 5 or e-mail our Customer Service Department at kristenj@apekssupercritical.com during the Warranty Period to obtain an RMA number. No warranty service will be provided without an RMA number.

    1. Limitation of Liability

THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

    1. What can you do in case of a dispute with us?

The informal dispute resolution procedure detailed in Section 11 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.

  1. Goods Not for Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. You represent and warrant that you are buying products or services from the Site for your own use only, and not for resale or export. Products and services purchased from the Site may be controlled for export purposes by export regulations, including but not limited to, the Export Administration Act of 1979 (50 U.S.C. 2401-2410), the Export Administration Regulations promulgated thereunder (15 C.F.R. 768-799), the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, “Export Regulations“).
  2. Privacy. Our Privacy Policy [LINK] governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
  3. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
  4. Governing Law and Jurisdiction. These Terms, and all matters arising out of or relating to these Terms, shall be governed by the laws of the State of Ohio (exclusive of conflict of laws principles), and shall be deemed to be executed and performed in Licking County, Ohio. Any arbitration, legal action or other proceeding relating to these Terms or otherwise arising between the parties shall be instituted solely in an arbitration venue or in a state or federal court in Licking County, Ohio. All parties agree to submit to the exclusive jurisdiction of, and agree that venue is proper in, such venue or courts in any such arbitration, legal action or proceeding.
  5. Use Restrictions. You warrant that your use of any products purchased on the Site shall comply at all times with all applicable laws, rules and regulations, and under no circumstances shall you use the purchased products for any unlawful purposes.
  6. Dispute Resolution and Binding Arbitration.
    1. YOU AND APEKS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

    1. The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified by this Section 11. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.

    1. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR APEKS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

  1. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
  2. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Apeks.
  3. No Third Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
  4. Notices.
    1. To You. We may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provide or (ii) by posting to the Site. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current.
    2. To Us. To give us notice under these Terms, you must contact us by personal delivery, overnight courier or registered or certified mail to Apeks Supercritical, 150 Commerce Blvd., Johnstown OH 43031. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
  5. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
  6. Entire Agreement. These Terms and our Privacy Policy [http://9ce.845.myftpupload.com/terms/] will be deemed the final and integrated agreement between you and Apeks on the matters contained in these Terms.

 

Last modified: April 10, 2016

COLUMBUS 66370