TERMS AND CONDITIONS OF SALE
All orders placed through the Site by User shall be subject to APE prices and standard terms and conditions of sale in effect at the time of shipment, except to the extent modified in writing signed by an authorized APE signatory.
Customers who have written agreements with APE must log on to obtain agreement pricing as shown on the site.
APE LIABILITY FOR ACCESS TO AND USE OF SITE.
APE provides access to the site solely as a convenience to the user on an as available basis. APE has made efforts to make this site helpful and easy to use however, due to the open structure of this site, and the potential for errors in the development, storage and transmission of electronic content APE does not warrant the site content is free of inaccuracies or errors.
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PLEASE NOTE THAT ALL CONTENT ON THIS SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. APPLIED DOES NOT WARRANT THAT THE INFORMATION CONTAINED ON THIS SITE WILL BE UNINTERUPPTED OR THAT THIS SITE OR THE SERVER FROM WHICH THIS SITE IS OPERATED OR MAINTAINED IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL RESPONSIBILITY OR LIABILTY FOR ANY DAMAGES CAUSED BY ANY SUCH VIRUSES OR HARMFUL COMPONENTS IS HEREBY DISCLAIMED. USER WAIVES ANY AND ALL CLAIMS AGAINST APE AND ITS AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES ARISING OUT OF USER’S ACCESS TO AND USE OF THE SITE AND THE INFORMATION CONTAINED THEREIN. IN NO EVENT SHALL APPLIED OR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHER GROUNDS, ARISING OUT OF OR IN CONNECTION WITH ACCESS TO OR INABILITY TO ACCESS, OR ANY DELAY OR INTERRUPTION IN ACCESSING, THE SITE OR THE USE OF SITE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF
THE BASIS OF THE BARGAIN BETWEEN APPLIED AND USER. THE SITE AND THE INFORMATION
WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM APE THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
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It is understood that the inventory information on the Site is obtained from APE computerized perpetual inventory records, based on inventory transactions, and may not be completely accurate. In any instance in which immediate availability is critical, a physical stock check should be obtained from the APE facility that services the user. The images shown on the site are for representational purposes only and may not portray the actual product. APE may also change content periodically without notice. APE has no control over content provided by others, and provides links to other sites for convenience only.
MAGNUSON-MOSS DISCLAIMER: Products are sold for commercial use only and are not intended for use by consumers. Applied specifically disclaims all warranties to those defined as consumers under the Magnuson-Moss Act.
DISPUTE RESOLUTION.
Actions by APE for nonpayment by the user of the purchase price of products sold by APE through this site or otherwise, or for redress of other breaches by the customer of the Terms of Sale or Terms of Access, may be brought by APE, at its option, before any judicial court of competent jurisdiction. At APE’s option, disputes between the customer and APE, including all claims of non-performance by APE, shall be finally settled by court arbitration in Scottsdale, Arizona, United States of America, under the Rules of the American Arbitration Association, by one or more arbitrators appointed in accordance with said Rules applying these Terms of Access, the Terms Sale and consistent provisions of the internal laws (except conflict of law rules) of the State of Arizona, United States of America.
INDEMNITY.
User agrees to indemnify and hold APE, and its subsidiaries, affiliates, officers, agents or other parties and employees, harmless from any and all claims or demands, including reasonable attorney fees, made by any third party due to or arising out of user’s use of the site, any data provided by the user to the site, user’s connection to the site or user’s violation of these terms or the violation of the rights of another person or entity related to users accessing or use of the site. User further agrees to indemnify and hold APE harmless from and against any and all claims, losses, liabilities and damages, including reasonable attorney fees, resulting from the connection to or interface of the site with any e-marketplace or e-procurement application selected, used or operated by user, which such interface shall only be made with the written consent of an authorized signatory of APE.
MISCELLANEOUS
Any cause of action by User with respect to its use of the site must be instituted within one (1) year after the cause of action arose or be forever waived and barred. APE’s failure to enforce any provision of these terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any provision hereof shall be unenforceable, invalid or void for any reason, such provision shall be automatically voided and shall not be part of these terms and the enforceability or validity of the remaining provisions of these terms shall not be affected thereby. APE’s failure to enforce any provision of these terms shall not be deemed a waiver of such provision nor the right to enforce such prov