Return & Warranty Policies
THESE TERMS AND CONDITIONS (THE "TERMS") ARE INCLUDED WITHIN ALL CONTRACTS FOR PRODUCTS AND SERVICES PURCHASED FROM THIS WEB SITE OR THROUGH THE APC ONLINE STORE AND THE APC CALL CENTER DESCRIBED BELOW. PLEASE READ THIS AGREEMENT AND THESE TERMS AND CONDITIONS CAREFULLY BEFORE PURCHASING A PRODUCT.
In these Terms:
"Customer" or "you" means the end user customer purchasing products or services from this web-site or call center; and "Seller" or "we" means American Power Conversion Corporation, or any of its affiliates that you may be doing business with (hereinafter either collectively or individually also referred to as "APC").
This is an important document and affects your
rights and obligations. It also includes exclusions and limitations that apply
to you. The terms and conditions may be subject to change by Seller without
notice although changes will not affect Contracts that have already come into
existence. You will be asked to approve the Terms every time before you place a
purchase order.
You acknowledge and accept that any purchase order
("Order") you place by using this web site will be fulfilled by
Seller, and that any purchase contract ("Contract") resulting from
your Order will be a purchase contract between you and the Seller. These Terms
may not be supplemented, altered or modified by the use of any other documents
or oral communications unless agreed in writing by Seller. THIS AGREEMENT APPLIES TO
YOUR PURCHASE UNLESS YOU NOTIFY APC IN WRITING THAT YOU DO NOT AGREE TO THIS
AGREEMENT WITHIN 30 DAYS AFTER YOU RECEIVE THIS AGREEMENT AND YOU RETURN YOUR
PRODUCT OR CANCEL SERVICES UNDER APC'S REFUND POLICY. THIS AGREEMENT CONTAINS A
DISPUTE RESOLUTION CLAUSE. PLEASE SEE BELOW.
APPLICABILITY
Each Order for Products and Services is subject to these
Terms. The contracting parties are Seller and you, the party submitting the
Order and buying the Products as identified in the information submitted to the
web site or to the Call Center at the time of ordering or by reference to a
pre-agreed unique identifying number.
Your
Order shall be the offer to purchase. Seller reserves the right to refuse to
accept Orders and all Products and Services are subject to availability. Any order containing an item that sells completely out of stock will be cancelled. Seller
shall accept Orders by confirming the Order in writing, or delivering or
invoicing any of the Products or commencing provision of the Services. Seller
shall not be deemed to have accepted any such Order until such confirmation,
invoicing, delivery or provision. The Seller has the right to decline or cancel
any purchase order containing erroneous prices. On acceptance of an Order a
Contract will be made between Seller and Customer. The invoice the Customer will
receive will cross-refer the Customer's Order number and will indicate where
payment is to be made.
For the purposes of these Terms the Call Center is
that Call Center operated by APC and contactable on telephone numbers: North
America - (800)800-4APC, (1-800-800-4272) 8AM-8PM EST. If Orders are placed
with the Call Center then binding legal obligations may be created upon
acceptance of your oral Orders. Seller's acceptance of your Orders will be
confirmed electronically or sent by mail. Legal acceptance of your Order is
effective at the time of Seller's sending or posting of the acceptance mail.
If there is a revision or cessation of a Product
that is the subject of a Contract then Seller may ship Products with the
functionality of the Products ordered but there will be differences in what is
shipped to what has been ordered. Where functionality cannot be matched with the
ordered Products Seller will advise Customer either of a suitable alternative
that may be supplied or of a cancellation of the Contract (or at Seller 's
discretion the part that refers to the Product in question). Subject to the
Return Policy below, upon such cancellation Seller shall make a full refund to
Customer of the payments received for the relevant cancelled Products and
neither party shall have any further liability to the other for the same. Part
cancellation of a Contract shall not affect Customer's rights or obligations in
relation to the non-cancelled part.
PRICE AND PAYMENT
The Price of the Products and Services is stated in
the Web Site or in the Order accepted by Seller. Shipping charges are
identified separately to the Price of the Products and Services. Prices are
quoted is Us Dollars and are subject to change without notice. Price changes do
not affect Contracts created after acceptance of Customer Orders. Prices exclude
shipping, handling and taxes unless otherwise noted. Customer is
responsible for Shipping charges, VAT and other sales taxes as specified in the
Contract. Orders shipped to the following US states will be charged sale/use
tax: CA, CO, CT, FL, GA, IL, IN, KY, LA, MA, MD, ME, MI, MN, MO, NC, NJ, NM, NY, OH, OK, PA, RI,
TN, TX, VA, VT and WA. All orders shipped to a Canadian province will be charged a goods and services tax (GST) of 5% with the exception of Nova Scotia, New
Brunswick, Newfoundland which will be charged the Harmonised Sales Tax (HST) of 13%.
We accept VISA, MasterCard, American Express and
Discover-Novus credit cards for payment. Payment in US dollars ($US) is
the only acceptable form of payment. Please read the Information Privacy
section below about protecting transmission of your credit card information.
Payment by credit card shall be made contemporaneously with the acceptance of
the Order by Seller.
Where Seller has agreed to supply the Products on
credit Customer shall pay the price of the Products within 30 days of the date
of Seller's invoice notwithstanding that the property in the Products has not
passed to the Customer. Invoices will be dated the day of dispatch of the
Products. Seller shall be entitled at its absolute discretion to alter payment
terms (other than on concluded Contracts) and withdraw or alter any credit
limit granted at any time without notice. If the Customer fails to make a
payment on the due date then without prejudice to any other right or remedy
available to it Seller shall be entitled to cancel the Contract or suspend any
further deliveries or suspend any services to the Customer. The property in the Products shall not pass
to the Customer until Seller has received in cash or cleared funds payment in
full of the price of the Products and all other Products and Services
previously sold or supplied by Seller to the Customer for which payment is then
due.
DELIVERY
Products and Services will be delivered to agreed
locations for the charge set out in the Contract. Seller shall be responsible
for the insurance and care of Products and Services up to the point of
delivery. Once delivery has occurred then the Products and Services are
Customer's responsibility and Customer should insure the same in accordance
with prudent business practices.
Times for delivery are targets only and Seller shall
not be responsible for late delivery. APC does not ship partial
orders. This means that if you've ordered items that are indicated
as being temporarily OUT OF STOCK along with ones that are IN STOCK, we will
not ship until the backorder can be filled. We do our best to keep
the status of products current, but availability is not
guaranteed. Orders placed on Fridays after 1:30PM will not ship
until Monday or the next business day if Monday happens to be a
holiday. There will be no shipments made during any of the holidays
that APC observes. In the event that the Products and Services have not been
delivered in a reasonable time from the target delivery date then Customer
should call North America - (800)800-4APC, (1-800-800-4272) 8AM-8PM EST giving
their Contract number and such other details as may be available to assist
Seller to track the status of the delivery and to give a new anticipated
delivery date. Where the new anticipated delivery date is more than one month
from the initial delivery date then Customer shall have the right to cancel the
Contract without liability to Seller for refund of the Price paid. Customer
shall have no other rights against Seller for delay to delivery.
Customer shall sign for delivery of the Products
and/or Services upon delivery to the agreed location. In the event that Seller
or its agents should seek to deliver Products and Services to the agreed
location and delivery cannot be made due to the absence of Customer or its
agents or a signatory then Seller reserves the right to charge repeat delivery
charges to Customer. Such charges will depend on Seller's and shall be payable
by Customer on receipt of Seller 's invoice for the same. North America
Only: We normally ship complete orders (all items in the order have to be
in stock) placed before 1:30PM EST the next day. Your shipment
options are Standard Shipping (3-5 business days), Expedited Shipping (2-3 business days), or Priority Shipping (1-2 business days), except to Hawaii, Alaska, Puerto
Rico, Virgin Islands, and Guam where Standard service is not available. Currently
shipments are limited to the United States, Puerto Rico, Virgin Islands, Guam,
and Canada. Standard shipments can take 3-5 business days in
transit. For Priority (1-2 business days) and Expedited (2-3 business days) deliveries, please remember
these are transit times, and not, for example, overnight from the time you
place your order.
ACCEPTANCE
Acceptance of Products and Services is deemed on
delivery to the location agreed for delivery as set out in the Contract. Title
to Equipment passes on acceptance after complete payment has been received by
Seller.
In the event of any defects in Product or Services
discovered after delivery then Customer may make a warranty claim for the
relevant Product in accordance with the warranty for the relevant Product or
Service as described in the accompanying documentation. Customer has the duty
to notify visible damages to the goods delivered to the carrier.
Products and Services the subject of Contracts may
include computer software. All computer software is subject to intellectual
property rights. Seller and its suppliers, as the case may be, do reserve all
their rights in computer software; no title to computer software is
transferred. Most computer software will be licensed directly from the
publisher to the Customer. The terms of all licenses may be found either in the
accompanying documentation to the Product or Service or are available from APC
on request. Use of Computer Software is licensed in accordance with the
relevant applicable non-exclusive non-transferable license terms for the
Product or Service. Customer is deemed to have accepted these license terms at
the time of Seller 's acceptance of the Order.
WARRANTY INFORMATION
APC warranties vary depending on product and country. To check a warranty status of a UPS,
click here.
Additionally each UPS comes with our lifetime equipment protection policy.
To check on your model's protection policy limit, click here
THE FOLLOWING WARRANTY PROVISIONS APPLY TO ALL
PRODUCTS.
Commencement of Warranty. The above warranties will
commence upon delivery of the Products to the Customer.
APC Products
APC warrants that APC hardware products will be free from
defects in workmanship and materials under normal use for the length of time
outlined in the hardware Product manual for the relevant hardware Product. The
length of a warranty on a given product may differ by law depending on the country, state, territory or locality that
you reside in. Conditions to any warranties are contained in the applicable
product manual.
APC Products may be manufactured using some refurbished components or may have
been used internally for reliability or performance testing. Spare parts may be
refurbished.
APC Services
APC
warrants that Services shall be performed
hereunder in accordance with recognized professional standards.Should its services fail to comply with
such standards, APC re-perform such deficient Services at no
cost. APC's liability for any and all claims arising out of
or in connection with its warranty hereunder, shall be limited to those claims
of which APC has received written notification within thirty (30) days following
the completion of the specific Services giving rise to the claim. APC will not be responsible for compatibility of
products not manufactured or supplied by APC.
Exclusions
The above warranties do not
apply to Products from which the serial numbers have been removed, or to
conditions resulting from improper use, accidents, external causes, including
installation, relocation of hardware, service or modifications not performed by
Seller or its authorized service providers, or operation outside the
environmental parameters specified for the Product. Neither Seller nor its
suppliers warrant that the operation of any Product will be uninterrupted or
error free. Warranty service may not be performed if APC or other suppliers
reasonably believe conditions at the Customer's site represent a safety or
health risk. Seller and its suppliers do not warrant that the Products will
operate in all combinations of hardware and software which may be selected for
use by Customer or that Software is error-free or that its use will be
uninterrupted.
THE LIMITED APC WARRANTIES ABOVE GIVE YOU SPECIFIC LEGAL
RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY (OR
JURISDICTION TO JURISDICTION.)APC
HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, EITHER IN FACT OR BY
OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, TITLE, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
THE APPLICABLE WARRANTIES FOR ANY PRODUCTS AND SERVICES ARE
STATED ON THE LIMITED WARRANTY CARD, PRODUCT MANUAL, OR DOCUMENTATION ACCOMPANYING EACH
PRODUCT OR SERVICE. APC NEITHER ASSUMES NOR
AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION
WITH THE SALE, INSTALLATION, MAINTENANCE OR USE OF ITS PRODUCTS.
IN NO EVENT,
WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL THEORY
SHALL APC, ITS OFFICERS, DIRECTORS, AFFILIATES OR EMPLOYEES BE LIABLE FOR
INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND,
OR FOR LOSS OP REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR
DATA, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE,
INSTALLATION, USE, PERFORMANCE, FAILURE OR INTERRUPTION OF THE PRODUCTS
PURCHASED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF
APC FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID TO APC
UNDER A PURCHASE ORDER.
SOME COUNTRIES, TERRITORIES, LOCALITIES OR STATES, AS
APPLICABLE, DO NOT ALLOW LIMITATIONS ON HOW LONG A WARRANTY LASTS, IMPLIED
WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IT IS APC'S
INTENT TO MAKE SUCH LIMITATIONS AND EXCLUSIONS IN THESE TERMS AND CONDITIONS TO
THE FULLEST EXTENT ALLOWED UNDER ANY APPLICABLE LAW.
Warranty Remedies. Seller's suppliers will provide the warranty
remedies as mentioned in the Seller's warranty statements provided Customer
promptly notifies the Seller as indicated in the warranty statements of any
non-conformance to the above warranties during the specified warranty period.
Upon notification of a claim, APC shall provide the Customer with an RMA
("Return Material Authorization") number and may return the product
under the "Warranty Return" provisions below.
LIMITATION OF LIABILITY
For any breach of these Terms, or of any Contract,
Seller's sole and exclusive maximum liability shall not in any event exceed the
total purchase price of the Products or Services ordered by Customer.
In no event shall Seller be liable for any damages
resulting from loss of data, or use, lost profits, loss of anticipated savings
or any incidental or consequential damages whatsoever.
These limitations will apply
regardless of the form of action whether under statute, in contract tort,
including negligence or any other form of action. SOME COUNTRIES, TERRITORIES, LOCALITIES OR STATES, AS
APPLICABLE, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
IT IS APC'S INTENT TO MAKE SUCH LIMITATIONS AND EXCLUSIONS IN THESE TERMS AND
CONDITIONS TO THE FULLEST EXTENT ALLOWED UNDER ANY APPLICABLE LAW.
RETURNS
NON-WARRANTY RETURNS
- Only returns from APC's factory store, demo store, or APC Personal Page store are accepted - Must be returned within 30 days from the ship date - Please call 877-800-4272 to process a return - Refunds with a 15% restocking fee are processed 7-10 business days upon receiving the returned product
NON-WARRANTY RETURNS. APC accepts non-warranty
returns of all items except for opened software products under the following
circumstances:
APC will accept returns within 30 days from the day
the order is shipped. Only returns with a Credit Material Authorization
"CMA" number will be accepted. A 15% restocking fee will applied to
all returns. To obtain a CMA number you must speak with an APC
representative at the numbers listed below under "Customer
Service." Shipping and handling
charges are not refundable. No returns will be accepted after 30 days.
Please note that we can process refunds only for
items purchased directly from APC’s factory store, demo store, personal page
stores and any other store that is available in North America at http://commerce.apcc.com.
Please return items in as-new condition,
disassembled, in original packaging with the packing slip, all warranty cards,
UPC tags, manuals and accessories. Failure to do so will result in the product
being returned to you and no credit issued.
Receive A Refund. Once the return is received,
please allow 7-10 business days for the credit to appear on your account. The
credit will be issued to the credit card used for the purchase minus any
Collection fees or Restocking fees if applicable.
We cannot provide refunds for opened, non-defective
software.
No warranty CD that has been opened will be accepted for return.
WARRANTY RETURNS
APC accepts warranty returns of all items
within the standard factory warranty period applicable under the following
circumstances: You must contract APC by any of the methods given below in
Customer Service and APC provide you with an RMA ("Return Material
Authorization") number. When returning the Product the Customer shall
return the Products to Seller in their original and unmarked packaging together
with details of the RMA number and the Customer's name and address. Use all
packaging that was originally supplied. The shipping company authorized to
collect the product will provide a label clearly displaying your RMA details.
Do NOT write directly on the box/packaging with pen/ink. Securely seal the
packaging using similar method to the original delivery. Defective software may
be returned within 30 days for replacement only. The replacement product must
be the same title and version as the original product ordered. We must receive
the return within 30 days after you receive your RMA number. The RMA number
will expire on the 31st day after it was issued, at which time any returned
product/s will be refused.
Please note that we can refund shipping costs only
if the return is a result of our error.
No warranty CD that has been opened will be accepted for return.
Customer Service: For customer
service, please click on Contact Information Page (Web Link) or call North America - (800)800-4APC, (1-800-800-4272) 8AM-
8PM EST.
Technical Support: For best service, call us
at (800)800-4APC, (1-800-800-4272) 8AM-8PM EST / or submit your questions to Technical
Support (Web Link) .
GENERAL
Dispute Resolution. THE
RIGHTS AND OBLIGATIONS OF THE PARTIES UNDER THIS AGREEMENT SHALL NOT BE
GOVERNED BY THE PROVISIONS OF THE 1980 UNITED NATIONS CONVENTION ON CONTRACTS
FOR THE INTERNATIONAL SALE OF GOODS. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN
CONTRACT, TORT, OR OTHERWISE, WHETHER
PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW,
INTENTIONAL TORT AND EQUITABLE CLAIMS)
AGAINST APC, its agents, employees, successors, assigns or affiliates
(collectively for purposes of this paragraph, "APC") arising from or
relating to this Agreement, its interpretation, or the breach, termination
or validity thereof, the relationships which result from this Agreement
(including, to the full extent permitted by applicable law, relationships with third parties who are not
signatories to this Agreement), APC's advertising, or any related purchase
SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION PROVIDED,
HOWEVER, THAT THIS BINDING ARBITRATION REQUIREMENT DOES NOT APPLY TO CLAIMS
AGAINST APC ARISING UNDER THE APPLICABLE WRITTEN WARRANTY. SUCH CLAIMS MAY BE
PURSUED IN ANY COURT OF COMPETENT JURISDICTION.
NORTH AMERICA: Arbitration shall be Administered By The National Arbitration
Forum (NAF) under its Code of Procedure then in effect (available via the
Internet at http.//www.arb-forum.com, or via telephone at 1-800-474-2371). The
arbitration will be limited solely to the dispute or controversy between
Customer and APC. Any award of the arbitrator(s) shall be final and binding on
each of the parties, and may be entered as a judgment in any court of competent
jurisdiction. Information may be obtained and claims may be filed with the NAF
at P.O. Box 50191, Minneapolis, MN 55405.
Customer may not assign or transfer its rights or
obligations under any Contract to any third party without the Seller's prior
written approval.
Information Privacy. To protect your privacy,
data on forms with credit card information are transmitted using 128-bit SSL
encryption, providing you have that security capability available and enabled
on your browser. APC's policy on privacy can be found at http://www.apcc.com/corporate/legal/privacy.cfm.
Passwords. You are responsible for the password to your
account. If you lose your password, you can establish a new account
and password online. If you do so, we would appreciate an e-mail
(with your account name and address to confirm your identity) to commercemaster@apcc.com so we can
clear the account for future use. If you have questions about orders
placed with your old account, you can call Customer Service at
(800)800-4APC. For account security, we do not re-issue passwords to
any accounts.
We attempt to keep our policies, pricing, contact
information, and everything else on this site accurate and up to
date. All of it, however, is subject to change without
notice. Please contact Customer Service for the latest information
on any topic.
