Terms of Use
Applied Energy Systems, Inc. Terms of Use
General terms of use: The terms and conditions set forth herein (“Terms”) and any written agreement executed by buyer and Applied Energy Systems, Inc. (“Agreement”) constitute the entire agreement between Applied Energy Systems, Inc., by and on behalf of its subsidiaries and affiliates, (“Applied Energy Systems, Inc.”) and Buyer (“Buyer”). In the absence of such an executed agreement, these terms and the terms and conditions of sale posted at www.appliedenergysystems.com shall govern. All other terms and conditions are expressly disclaimed and rejected. Buyer’s acceptance of these terms is deemed implied by use of Applied Energy Systems, Inc.’s online ordering system and/or acceptance of delivery of any products and/or services from Applied Energy Systems, Inc., whichever occurs first.
Access and use of information: Access to this site and the use of the information contained herein is solely for legitimate business purposes to access the information provided by Applied Energy Systems, Inc. at this site. Any access or attempt to access other areas of the Applied Energy Systems, Inc. computer systems or other information contained on the system for any purposes is strictly prohibited.
Orders: Orders for products and services through Applied Energy Systems, Inc.’s online ordering system shall be made through the World Wide Web at www.appliedenergysystems.com Terms apply to all orders for products and services accepted by Applied Energy Systems, Inc. Acceptance of Buyer’s order by Applied Energy Systems, Inc. will be made only on the express understanding and condition that insofar as these Terms conflict with any terms and conditions in Buyer’s order, these Terms shall govern. No order shall be binding upon Applied Energy Systems, Inc. until Applied Energy Systems, Inc. accepts the order and sends Buyer confirmation of such order through electronic mail, facsimile, or other written communication.
Returns, changes and cancellations: Cancellations of and changes to orders for products and services, and returns of products by Buyer, will be subject to Applied Energy Systems, Inc.’s then-existing return, change and cancellation fees. Upon the request of Buyer, Applied Energy Systems, Inc. will use commercially reasonable efforts to inform the Buyer of the return, change, and cancellation policies existing at the time of Buyer’s request. Applied Energy Systems, Inc. reserves the right to modify its return, change, and cancellation policies and fees at any time and without notice to Buyer. Buyer agrees to pay all charges resulting from such returns, changes and cancellations, and including, without limitation, storage and shipment costs, costs of producing non-standard materials, costs of purchasing non-returnable materials, and any other cost resulting from cancellations, changes or returns.
Use of products: The products sold by Applied Energy Systems, Inc. are not specifically listed by The Food and Drug Administration (FDA) for medical and human use. Buyer acknowledges that the products may not have been tested for safety and efficacy in any specific commercial or other use. Some products may be used with gases and chemicals, which may be harmful if misused. Due care should be exercised with all products to prevent direct human contact or a hazardous operating condition. If applicable, Applied Energy Systems, Inc. will provide instructions with the initial shipment of products. Buyer shall provide the instructions to all personnel of Buyer and to any third party authorized by Buyer to use products purchased hereunder by Buyer, prior to handling and use of the products by such personnel or third party. Buyer shall ensure that such personnel at all times use the products strictly in accordance with the instructions and any warnings on the labels of the products; and Buyer shall obtain written assurances from such third party that the third party will at all times use the products strictly in accordance with the instructions and any warnings on the labels of the products. Only qualified, trained professionals who are familiar with the hazards associated with such gases and chemicals should handle all gases and chemicals.
Trademarks: This site contains the trademarks and service marks of Applied Energy Systems, Inc. All marks are the property of their respective companies. All rights in the intellectual property contained in this Web site including copyright, trademarks, trade secret and patent rights are reserved. Access to this Web site does not constitute a right to copy or use any of the third parties’ intellectual property of Applied Energy Systems, Inc. Statutory notice contained herein represents trademark status in the United States.
Copyright: All materials contained on this Site are subject to the ownership rights of Applied Energy Systems, Inc. Applied Energy Systems, Inc. hereby authorizes you to make a single copy of the content herein for your use in learning about, evaluating, or acquiring Applied Energy Systems, Inc. services or products. You agree that any copy made must include Applied Energy Systems, Inc. copyright notice. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained herein.
Privacy: Please refer to Applied Energy Systems, Inc.’s Privacy Policy posted at www.appliedenergysystems.com/privacy-policy.
Indemnity: Buyer shall indemnify, defend, and hold harmless Applied Energy Systems, Inc. and its employees, agents, successors, officers, and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that Applied Energy Systems, Inc. may sustain or incur arising from (A) buyers use of the products (including without limitation to storage, handling, and/or transportation of products), (B) use of the products by a third party with or without buyer’s authorization, (C) buyer’s failure to comply with any applicable laws and regulations (including without limitation those regarding the export of products or technology abroad, the Toxic Substances Control Act, and the Emergency Planning and Community Right-to-Know Act of 1968, or to obtain any licenses or approvals from the appropriate government agencies necessary to purchase and use the products), or (D) the buyer’s breach of any of its obligations set forth in these terms or in the agreement or in Applied Energy Systems, Inc.’s standard terms and conditions of sale.
Warranties and disclaimers: All information appearing on any Applied Energy Systems, Inc. web-based application is provided “AS IS” and without warranties of any kind with respect to its correctness, accuracy, reliability or otherwise. Applied Energy Systems, Inc. provides no warranty with respect to any Applied Energy Systems, Inc. web-based application or the products and/or services sold hereunder, except those products directly manufactured by Applied Energy Systems, Inc. and services directly provided by Applied Energy Systems, Inc. For products not directly manufactured by Applied Energy Systems, Inc. and services not directly provided by Applied Energy Systems, Inc., Buyer receives a warranty on such products or services, if any, directly from the manufacturer of those products or provider of those services to the extent such “pass-through” warranties are available. Upon the request of the Buyer, Applied Energy Systems, Inc. will use commercially reasonable efforts to inform the Buyer of the warranty policy of a particular manufacturer or service provider, or to direct Buyer to a source of such information. Applied Energy Systems, Inc. makes no other warranty, express or implied, with respect to any Applied Energy Systems, Inc. web-based application or the products and services sold hereunder. Applied Energy Systems, Inc. expressly disclaims the implied warranties or merchantability, noninfringement, and fitness for a particular purpose and all other warranties arising under applicable law and/or the uniform commercial code. Applied Energy Systems, Inc. does not warrant that operation of any Applied Energy Systems, Inc. web-based application will be uninterrupted or free from errors, that defects will be corrected or that any Applied Energy Systems, Inc. web-based application or its server are free of viruses or other harmful components.
Limitation of liability: Applied Energy Systems, Inc. shall not be liable for loss of use or of data, interruption of business, lost profits or goodwill, or other indirect, special, incidental, exemplary or consequential damages of any kind arising out of these terms, the agreement, Applied Energy Systems, Inc.’s standard terms and conditions of sale or otherwise, even if Applied Energy Systems, Inc. has been advised of the possibility of such loss, and notwithstanding any failure of essential purpose of any limited remedy. This exclusion includes any liability that may arise out of third party claims against buyer. Applied Energy Systems, Inc.’s total liability with respect to any product or service sold hereunder shall in no event exceed the price paid by buyer for such product or service.
Miscellaneous: Applied Energy Systems, Inc. reserves the right to modify any programs, policies, information, products and services contained on any Applied Energy Systems, Inc. web-based application at any time and without notice to Buyer. A Buyer who uses information contained on Applied Energy Systems, Inc. web-based application or makes decisions based on such information does so at his own risk. These Terms and performance by the parties hereunder shall be construed in accordance with the laws of the State of Pennsylvania, without regard to provisions on the conflicts of laws. Buyer and Applied Energy Systems, Inc. consent to the exclusive venue in, the courts in the State of Pennsylvania, Chester County. Buyer shall not assign (a) any order for products and/or services placed through any Applied Energy Systems, Inc. web-based application, or (b) any interest in or any rights under such order, without the prior written consent of Applied Energy Systems, Inc. These Terms constitute the entire agreement between Applied Energy Systems, Inc. and Buyer and supersede all previous communications, representations and agreements (except for the Agreement), whether oral or written, between Buyer and Applied Energy Systems, Inc. with respect to the subject matter hereof. These Terms may not be modified, supplemented, qualified, or interpreted except in writing signed by Buyer and Applied Energy Systems, Inc. The failure by Applied Energy Systems, Inc. to enforce at any time any of the provisions in these Terms will in no way be construed as a waiver of such provisions. All remarks, suggestions, ideas, graphics or other information communicated to Applied Energy Systems, Inc. through this site will forever be the property of Applied Energy Systems, Inc. Unless otherwise specified in writing, all material submitted to Applied Energy Systems, Inc. will be presumed to be public and Applied Energy Systems, Inc. will not be required to treat the information as confidential.Applied Energy Systems, Inc. shall have exclusive ownership of all present and future existing rights in the information, without compensation to the person sending the information. If any provision of these Terms shall be deemed illegal or unenforceable, such illegality or unenforceability shall not affect the validity and enforceability of any other legal provisions hereof which together shall then be construed as if such illegal and unenforceable provision or provisions had not been inserted herein, unless such illegality or unenforceability shall destroy the underlying business purpose of these Terms.
Questions regarding Terms: Any questions regarding the Terms should be directed to Applied Energy Systems, Inc. at info@appliedenergysystems.com or Applied Energy Systems, Inc., 180 Quaker Lane, Malvern, PA 19355.