Terms & Conditions
Defining the parameters for a mutually beneficial customer-Apex relationship.
Terms & Conditions Introduction
Welcome to Apex Industrial Automation’s Terms & Conditions page.
This page outlines the Terms & Conditions that govern your use of our website and services. It’s important that you take a moment to carefully read through these terms as they form a binding legal agreement between you and Apex Industrial Automation.
By accessing and using our website, you agree to these terms in their entirety.
Scope of Terms
These Terms & Conditions apply to all users of our website, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content. The terms set out the rules and guidelines for using our website and the services we provide.
Acceptance of Terms
By accessing and using our website, you indicate that you accept these terms and agree to abide by them. If you do not agree to these terms, please refrain from using our website. Your continued use of the site following the posting of any changes to these terms will be considered acceptance of those changes.
Amendments
We reserve the right to update, change, or replace any part of these Terms & Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Need Assistance?
Definitions
In the context of these Terms & Conditions, the following terms are defined as follows:
“We,” “Us,” “Our,” and “Apex” refer to Apex Industrial Automation, the legal entity owning and operating the website www.apexindustrialautomation.com. This includes our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors.
“Website” and “Site” refer to the Apex Industrial Automation website, accessible from www.apexindustrialautomation.com. These terms encompass the entirety of the content and services offered through this domain. This includes, but is not limited to, all pages, sub-pages, blogs, forums, product listings, and any other connected internet services or features provided by Apex Industrial Automation.
“You” or “Customer” refer to any individual or entity who accesses or uses our Site. This includes visitors, users, and others who access or use the Services provided by Apex Industrial Automation.
“Services” encompasses the various offerings provided by Apex Industrial Automation through our Website. This includes, but is not limited to, information provision, personal and professional advice, industrial parts distribution, electric motor repair, retrofitting, design engineering, control panel fabrication, and industrial MRO (Maintenance, Repair, and Operations).
“Products” refers to any items sold or distributed by Apex Industrial Automation through the Website. This includes all industrial automation parts, components, and other physical goods available for purchase or distribution.
“Content” constitutes all forms of data or communication present on our Website. This includes text, images, audio, video, articles, blogs, product descriptions, reviews, and any other materials generated, provided, or otherwise made accessible on or through the Website.
Services and Products
At Apex Industrial Automation, we’re committed to offering high-quality services and products to meet the diverse needs of our customers. This section of our Terms & Conditions provides detailed information about the services and products we offer, including aspects related to pricing, availability, and our policies on modification or discontinuation. Our goal is to ensure transparency and help you understand the terms that apply to your use of our services and purchase of our products.
Overview
This subsection outlines the general scope and nature of the services and products provided by Apex Industrial Automation. We offer a wide range of services and products, including but not limited to industrial parts distribution, electric motor repair, retrofitting, design engineering, control panel fabrication, industrial MRO, and more.
Pricing
Services: Pricing for services such as electric motor repair, retrofitting, and design engineering is based on the complexity of the project, materials required, and labor hours. Quotes are provided upon request.
Products: The price of products, including industrial components and parts, is listed on our website. Prices are subject to change based on market conditions, supplier costs, and other economic factors.
Availability
Services: Availability of services depends on scheduling and current workload. Customers are encouraged to contact us for current scheduling availability and turnaround times.
Products: Product availability is regularly updated on our website. In the event a product is out of stock, customers can opt to be notified when it becomes available again.
Modification or Discontinuation
Services: We reserve the right to modify service offerings based on technological advancements, market trends, and resource availability. Customers will be notified of significant changes to service offerings.
Products: Product lines may be updated, modified, or discontinued based on market demand and supplier changes. Discontinued products will be clearly marked, and alternatives or upgrades will be suggested where applicable.
User Obligations
As a user of Apex Industrial Automation’s website and services, certain responsibilities and obligations fall upon you to ensure a safe, legal, and respectful online environment. This section outlines these key obligations.
Eligibility
Age Requirement: To use our website and services, you must be at least 18 years old, or the age of majority in your jurisdiction, whichever is higher. By using our site, you represent and warrant that you meet this age requirement.
Legal Capacity: You affirm that you possess the legal authority, right, and freedom to enter into these Terms & Conditions and to form a binding agreement, for yourself or on behalf of the entity you represent.
User Conduct
Lawful Use: You agree to use our website and services for lawful purposes only and in a manner that does not infringe the rights of, restrict, or inhibit anyone else’s use and enjoyment of our website.
Prohibited Activities: The following activities are strictly prohibited on our website: posting or transmitting any unlawful, threatening, abusive, defamatory, obscene, or indecent information or material; engaging in any conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law; and attempting to interfere in any way with our network or network security, or attempting to use our services to gain unauthorized access to any other computer system.
User Account Resposibility
Account Security: If you create an account on our website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.
Accuracy of Information: You must ensure that all information you provide on the website, including but not limited to your contact and payment details, is current, complete, and accurate.
Notification of Unauthorized Use: You are required to notify us immediately of any unauthorized use of your account or any other breach of security.
Payments
At Apex Industrial Automation, we aim to make your purchasing experience seamless and efficient. This section outlines the payment terms and conditions when you purchase our products or services.
Payment Methods
Accepted Payment Methods: We accept various payment methods for your convenience, including major credit cards (such as Visa, MasterCard, American Express, and Discover), debit cards, and direct bank transfers.
Secure Transactions: All transactions are processed through secure payment gateways to ensure the protection of your financial information. We do not store your credit card details on our servers.
Billing Cycles
One-Time Payment: For product purchases, payment is due at the time of purchase in a single payment.
Recurring Services: For ongoing services, such as maintenance contracts or subscriptions, billing will occur in recurring cycles as agreed upon (e.g., monthly, quarterly, annually). Customers approved for Net 30-day terms will have their billing adjusted accordingly. We will provide a reminder before your next billing cycle.
Taxes
Inclusion of Taxes: All prices on our website are exclusive of taxes, unless otherwise stated. Taxes will be added to your billing invoice where applicable and required by law.
Responsibility for Taxes and Exemptions: Customers are responsible for paying all applicable taxes associated with their purchase. We do not charge additional tax on out-of-state purchases. Customers with a current tax-exempt certificate on file will not be charged taxes.
Intellectual Property
Apex Industrial Automation respects intellectual property rights and expects our users to do the same. This section outlines the policies regarding intellectual property in connection with our website and services.
Ownership
Company Content: All content present on our website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, and software, is the property of Apex Industrial Automation or its content suppliers and is protected by international copyright and intellectual property laws. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Apex Industrial Automation.
No Transfer of Rights: Your use of our website and services does not constitute a transfer of any intellectual property rights. You are granted a limited license to access and make personal use of our website and services but not to download (other than page caching) or modify it or any portion of it without our express written consent.
User Content
User-Generated Content: If you post, upload, input, provide, or submit your own content to our website (collectively “User Content”), you grant Apex Industrial Automation and its affiliated companies a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
Warranties on User Content: You represent and warrant that you own or otherwise control all the rights to the User Content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Apex Industrial Automation for all claims resulting from content you supply.
Infringement Reporting
Notice of Infringement: If you believe that your intellectual property rights have been infringed upon by our website content, please notify us by providing a detailed description of the alleged infringement. Include in your notice a detailed description of where the material that you claim is infringing is located on the site, your address, telephone number, and email address, a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a signed statement by you, declaring under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the owner’s behalf.
Response to Infringement Notices: Upon receipt of a valid infringement notice, Apex Industrial Automation will respond appropriately, which may include removing or disabling access to the allegedly infringing content.
Confidentiality and Privacy
Apex Industrial Automation deeply values our customers’ and website users’ confidentiality and privacy. This section outlines our data collection, use, and protection practices, underscoring our commitment to safeguarding your personal information.
Data Collection
Types of Data Collected: We collect various types of information when you use our website and services. This includes personal data such as your name, contact information, payment details, and usage data like browsing history, preferences, and feedback.
Methods of Collection: Data is collected through various means, including when you register on our site, place an order, subscribe to our newsletter, fill out a form, or use other features of our website.
Voluntary Provision: Providing personal data is generally voluntary but may be necessary for using certain features of our website, such as placing orders or accessing specific content.
Data Use
Purpose of Use: The information we collect is used to personalize your experience, improve our website, provide customer service, process transactions, send periodic emails regarding orders or other products and services, and other business purposes.
Consent for Use: By using our site, you consent to the collection and use of your information as described in this section. We will not sell, exchange, transfer, or give your information to any other company without your consent other than to deliver the product or service you’ve requested.
Data Protection
Security Measures: We implement a variety of security measures to maintain the safety of your personal information. Our measures include using secure servers, encrypted data transmissions, and compliance with applicable data protection laws.
Access Control: Access to personal data is limited to employees who need the information to perform a specific job (for example, billing or customer service).
Data Retention and Deletion: Personal data is retained only for as long as necessary for the purposes set out in these terms and will be deleted in accordance with our data retention policy and applicable laws.
Warranties and Liabilities
At Apex Industrial Automation, we are dedicated to providing high-quality products and services. However, there are certain legal limitations on warranties and liabilities that are important for our users to understand.
Disclaimers
No Implied Warranties: Unless otherwise stated, products and services provided by Apex Industrial Automation are offered on an “as is” and “as available” basis without any warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
No Warranty for Third-Party Links: We are not responsible for the content, quality, or accuracy of sites linked to or from our website. These links are provided for convenience only and do not imply endorsement by Apex.
Service Interruptions and Errors: While we strive to maintain the uninterrupted operation and error-free functioning of our website, we do not guarantee that the website or its services will always be available, uninterrupted, or error-free.
Limitation of Liability
General Limitation: To the fullest extent permitted by law, Apex Industrial Automation shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the website; (ii) any conduct or content of any third party on the website; (iii) any content obtained from the website; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.
Product Liability: In the case of products sold by Apex Industrial Automation, our liability shall be limited to the warranty provided with the product, and in no event shall we be liable for any indirect or consequential damages.
Termination and Cancellation
At Apex Industrial Automation, we value our relationship with our customers. However, there are circumstances under which the agreement for services or product purchases may need to be terminated or canceled.
By Apex
Grounds for Termination: Apex Industrial Automation reserves the right to terminate or suspend access to our services and website without prior notice or liability, for any reason whatsoever, including but not limited to a breach of the Terms & Conditions.
Notification: In the event of termination, we will provide you with written notice, if feasible, depending on the nature of the termination.
Emergency Situations: For critical breaches or illegal activities, termination may be immediate and without notice.
By Customer
Cancellation Policy: Customers may cancel their use of our services or product orders in accordance with our cancellation policy. To cancel, please contact our customer service department.
Customer Cancellation Policy for Onsite Services: A cancellation fee will be applied if a customer cancels a field service visit after our technician arrives onsite. This fee is intended to cover the costs incurred in preparing and dispatching our personnel and any disruption to the service schedule. Please note that the specific fee amount may vary depending on the nature of the service and will be communicated at the time of cancellation.
Refunds and Penalties: Certain fees may be non-refundable depending on the timing and nature of the cancellation.
Effects of Termination
Access and Services: Upon termination, your right to use our services and website will immediately cease.
Outstanding Obligations: Any outstanding obligations or payments due to Apex Industrial Automation at the time of termination must be fulfilled.
Data Retention and Deletion: After termination, we will retain your data in accordance with our data retention policy and applicable laws. If you wish to request the deletion of your personal data, please contact us as outlined in our Privacy Policy.
Dispute Resolution
Apex aims to resolve disputes amicably and efficiently. The following terms outline our approach to dispute resolution.
Governing Law
Applicable Law: These Terms & Conditions and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of Illinois, USA, without regard to its conflict of law principles.
Jurisdiction: For any disputes not subject to arbitration, you and Apex Industrial Automation agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Illinois, USA.
Miscellaneous
This section covers additional general terms that are important for our relationship with you as a user of Apex Industrial Automation’s website and services.
Force Majeure
No Liability for Unforeseen Circumstances: Apex Industrial Automationshall not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (Force Majeure Event).
Scope of Force Majeure: A Force Majeure Event includes any act, event, non-happening, omission, or accident beyond our reasonable control, including but not limited to strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster, or failure of public or private telecommunications networks.
Entire Agreement
Complete Understanding: These Terms & Conditions and any document expressly referred to in them represent the entire agreement between you and Apex Industrial Automation in relation to the subject matter of any contract and supersede any prior agreement, understanding, or arrangement between us, whether oral or in writing.
Mutual Acknowledgment: We each acknowledge that, in entering into these Terms & Conditions, neither of us has relied on any representation, undertaking, or promise given by the other or implied from anything said or written in negotiations between us prior to such Terms & Conditions, except as expressly stated in these Terms & Conditions.
Severability
Validity of Remaining Provisions: If any provision of these Terms & Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Contact Information
Questions and Feedback: For any questions, feedback, or further information, please contact Apex Industrial Automation at:
Email: support@apexindustrialautomation.com
Phone: 866-924-2808
Consent
By using our website and services at Apex Industrial Automation, you engage in our “Service” and agree to be bound by the following terms and conditions.
Acknowledgment of Terms
Agreement to Terms: By accessing and using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions. If you do not agree with any part of these terms, you should not access or use our website or services.
Legal Capacity: You affirm that you are of legal age in your jurisdiction to enter into a binding agreement, and you are not barred from receiving services under the laws of the United States or other applicable jurisdictions.
Updates and Changes
Notification of Changes: Apex Industrial Automation reserves the right, at our sole discretion, to update, change, or replace any part of these Terms & Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.
Acceptance of Changes: Your continued use of or access to our website or the Service following the posting of any changes to these Terms & Conditions constitutes acceptance of those changes.
Last Updated Date