Term And Conditions

                              APPLETEC LTD. APPLETEC ELECTRONICS (“APPLETEC”) TERMS AND CONDITIONS

                                              OF SALE OF PRODUCTS  AND PROCUREMENT  OF SERVICES

APPLETEC’S  TERMS AND CONDITIONS  OF SALE OF PRODUCTS  AND PROCUREMENT  OF SERVICES  ARE LIMITED TO THOSE  CONTAINED HEREIN.   ANY ADDITIONAL   OR  DIFFERENT   TERMS   IN  ANY  FORMS   DELIVERED   BY  YOU (“CUSTOMER”)  ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN.

BY ACCEPTING DELIVERY OF THE PRODUCTS AND/OR RECEIVING THE SERVICES DESCRIBED IN APPLETEC’S INVOICE OR OTHER APPLETEC DOCUMENTATION (“PRODUCTS”), CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS OF PRODUCTS SALE AND PROCUREMENT OF SERVICES UNLESS CUSTOMER AND APPLETEC HAVE SIGNED A SEPARATE AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN.

These Terms and Conditions of Product Sales constitute a binding contract between Customer and Appletec and are referred to herein as “Terms and Conditions of Product Sales and Procurement of Services” or this “Agreement”. Customer  accepts these Terms and Conditions  of Product Sales by making a purchase  or placing an order with Appletec Industries Limited.

WARRANTIES

Customer understands that Appletec is not the manufacturer of the products purchased by Customer hereunder and the only warranties offered are those of the manufacturer, not Appletec. In purchasing the products, the Customer is relying on manufacturer  specifications  only, and is not relying on any statements, specifications,  photographs  or other illustrations representing the products that may be provided by Appletec, its suppliers or its affiliates.

APPLETEC   HEREBY   EXPRESSLY   DISCLAIMS   ALL  WARRANTIES   EITHER  EXPRESS   OR  IMPLIED,   RELATED   TO  THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY OF NONINFRINGEMENT.

THESE WARRANTIES ARE MADE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY ARISING OUT OF A COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES  WILL APPLETEC, ORITS, SUPPLIERS, OR SUBCONTRACTORS  BE LIABLE FOR: (A) ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL  DAMAGES WHICH INCLUDES BUT IS NOT  LIMITED  TO,  LOSS  OF  PROFITS,  REVENUES  OR  SAVINGS,  EVEN  IF  APPLETEC  HAS  BEEN  ADVISED  OF  THE POSSIBILITIES  OF SUCH DAMAGES, WHETHER A CLAIM FOR ANY SUCH LIABILITY IS PREMISED UPON BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY; (B) CLAIMS, DEMANDS OR ACTIONS AGAINST CUSTOMER BY ANY THIRD PARTY; (C) ANY LOSS OR CLAIM ARISING OUT OF OR IN CONNECTION WITH   CUSTOMER’S   IMPLEMENTATION    OF   ANY   CONCLUSIONS    OR   RECOMMENDATIONS    BY   APPLETEC   IN CONNECTION WITH THE PRODUCTS; (D) ANY DAMAGES CAUSED TO OR LOSS OF CUSTOMER MATERIALS PROVIDED TO APPLETEC, WHICH INCLUDES BUT IS NOT LIMITED TO DAMAGE OR LOSS BY FIRE, EXPLOSION, THEFT, PILFERAGE, VANDALISM,  FAULTY  MACHINERY,  NEGLIGENCE,  CASUALTY  OR  ACTS  OF  GOD  WHILE  SUCH  MATERIAL  IS  IN APPLETEC’S POSSESSION.

NOTWITHSTANDING  THE FOREGOING, IN THE EVENT OF ANY LIABILITY INCURRED BY APPLETEC, APPLETEC’S ENTIRE LIABILITY FOR DAMAGES FROM ANY CAUSE WHATSOEVER  WILL NOT EXCEED THE LESSER OF: (A) THE AMOUNT PAID BY CUSTOMER FOR THE PRODUCTS AND SERVICES GIVING RISE TO THE CLAIM; OR (B) $10,000.

If  any  product  is  proved  to  be  defective  in  workmanship  or  material,  Appletec’s  entire  liability  and  Customer’s exclusive remedy will be, at Appletec’s option, repair the product, replacement of the quantity of the product which is defective or credit the Customer for the net sales price of the defective product(s) paid by Customer. No additional allowance shall be made for the labor or expense of repairing or replacing defective products or workmanship or damage resulting from the same.

Appletec will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product unavailability,  carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or  agency.  Any shipping  dates  provided  by  Appletec  are  estimates  only.  Customer  shall  make  all  arrangements necessary to accept delivery of the products at the shipping date.

Upon request, Appletec shall endeavor to furnish such technical advice or assistance as it has available in reference to the use of the Products by the Customer. It is expressly agreed, however that  all such technical advice or assistance is  given  voluntarily  and  for  no  consideration  and  Appletec  assumes  no  obligation  or  liability  for  the  advice  or assistance given or results obtained, all such advice or assistance being given and accepted at the Customers own risk.

PRICES

All price quotes provided by Appletec are valid for 30 days from the date of issue. Appletec reserves the right to cancel or amend any price quote in the event of changes in foreign exchange rates, material or labor prices.

Where Appletec’s prices are quoted in foreign currency, the actual payment must be made in such currency or in New Israeli Shekels (NIS) according to the exchange rate set by Bank Leumi for “Mid Rate ” on the date the invoice is issued.

Price quotes are based on the agreed quantities as communicated by Appletec to the Customer in the formal quote. Appletec reserves the right to adjust the price per item if the customer subsequently  changes the quantity of the specific items. Price quotes are for a given quantity and apply only to a continuous production run of said quantity, unless stated otherwise specifically. If order quantities are reduced or the shipping instructions necessitate runs of lesser quantities, the price applicable to the lesser quantity may apply at Appletec’s discretion. If a lesser quantity is not covered by the quotation, adjustment of the price will be made under a formula regularly used by Appletec.

Price  quotes  relate  to  the  specific  packaging  instructions  as  specified  in  the  quote  provided  by  Appletec.  If  the packaging instructions are changed, an adjustment in price may apply at Appletec’s discretion.

Price  quotes  relate  to  reasonable  quality  inspection  requirements.  Special  quality  inspection  requirements  or provision of special reports will involve additional charges.

In the event that manufactured goods are being supplied, Appletec may, at its sole discretion, supply up to 10% in excess or up to 10% short of the amount specified in the Customer’s order. In such circumstances, the Customer shall be charged for, and will be obliged to pay, for the quantity actually supplied.

Appletec  may  deem  it necessary  to  revise  product  prices  from  time  to  time.  In such  event,  Appletec  shall  inform Customer in writing, by providing an updated price quote. The Customer shall approve the updated price quote in writing and provide Appletec with an approval notice within 72 hours. Failure to provide an approval notice will be deemed a rejection notice, in which case Appletec shall no longer be obliged to supply the Customer.

Orders for small scale production of Products or prototype production, within 72 hours or less (“Express Orders”) carry an additional charge of $150. Acceptance by Appletec of Express Orders is subject to material and personnel availability and at Appletec’s discretion.

Unless  otherwise  stated,  all price  quotes  are  ex-works  (EXW)  at Appletec’s  premises  in Tzur Yigal,    Israel  and exclude transportation costs.

Invoices  are to be paid NET by Customer  to Appletec. Bank commissions  and transfer  charges  are at Customer’s expense and responsibility.

Invoices unpaid on due date shall be considered delinquent and thereafter subject to a finance charge computed by a single monthly periodic rate of 1.5% being an annual percentage rate of 18%.

TOOLING & SET-UP CHARGES

All tooling and set-up charges are regarded Non-Recurring Engineering (NRE). In the event that tools or equipment are purchased by Appletec for the fulfillment of Customer orders, Appletec shall be the sole owner of all such tools and equipment and Customer shall have no right thereof.

Appletec may deem it necessary to repair or replace tools and perform additional set-ups, in the event said tools are worn in the course of normal wear and tear, and customer shall bear reasonable charges.

Appletec reserves the right to make all technical decisions regarding the actual tooling and set-up required for any specific job.

ORDERS

The minimum order at Appletec is $50 per item and $200 per order.

Customer is responsible for providing accurate, up-to-date technical drawings and specifications with each order. In the  event  that  the  Customer  does  not  provide  Appletec  technical  drawings,  Appletec  will  produce  samples  of  the Products according to the specifications supplied by the Customer. Within 72 hours of delivery of the samples to the Customer,  the Customer  shall approve  the samples  in writing  and provide Appletec  with an approval  notice. Failure to provide an approval notice will be deemed a rejection notice, in which case Appletec shall no longer be obliged to supply the Customer.

Customer may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained  in any such purchase  order will be null and void. Customer  agrees that the Terms and Conditions  of Product Sales contained herein and in Appletec’s invoice or other Appletec documentation  will supersede any other documentation that might be received from the customer . No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these Terms and Conditions of Product Sales or any purchase order or invoice related thereto.

Appletec reserves its right to reject any order issued by customer, with or without cause.

CANCELATION AND CHANGES

All Customer requests for waivers, changes or modifications to orders must be submitted to Appletec in writing, and will be reviewed on an individual basis.

Where orders are not NCNR ( no cancel, no return) they may be changed or canceled on receiving prior written approval from Appletec. Such change or cancelation will be subject to a Change of Order Fee or cancelation charge. Appletec reserves the right to impose a minimum cancellation  fee of 10% on any order canceled after Appletec has acknowledged  receipt. In addition to the cancellation fee, Customer shall pay Appletec for: (a) any material held in stock and/or ordered for the Customer or the productions of the Products by Appletec; (b) any labor performed by Appletec, or on its behalf, in connection with the order(s) until the date of Customer’s request; and (c) any reasonable expense incurred by Appletec in connection with the order(s).

Where Customer has requested that Appletec supply certain Products on a regular, ongoing (scheduled) basis, the Customer will be liable for the value of Products held in stock by Appletec for the Customer, for the consecutive three (3) months of the scheduled orders, commencing the date of notification by the Customer to cease supplies. Any reasonable  amounts of raw materials held by Appletec on behalf of the Customer for the manufacture of Customer’s scheduled orders, shall be payable by the Customer.

ACCURACY AND TOLERANCE

Appletec can only guarantee accuracy within tolerances as indicated in its price quotes. In the case of discrepancies regarding tolerance requirements between a given price quote issued by Appletec and related orders received from customers,  the tolerance levels indicated in Appletec’s price quote will supersede.  Where said price quote and/or order do not indicate tolerance values, Appletec’s standard tolerance values will apply. In no event shall Appletec be committed   to   Customer’s   order   tolerance   requirements   unless   expressly   approved   in   writing   by   Appletec. Information regarding Appletec’s standard tolerance values can be obtained on request from Appletec.

SHIPMENT

All risks, including but not limited to loss or damage, in regards to Products shall transfer to Customer upon tender of Products to Customer, Customer’s representative, or common carrier. The cost of any special packing or special handling caused by Customer’s requirements or requests shall be added to the amount of the order. If Customer causes  or  requests  a  shipment  delay,  or  if  Appletec  ships  or  delivers  the  products  erroneously  as  a  result  of inaccurate, incomplete or misleading information supplied by Customer or its agents or employees, storage and all other additional costs and risks shall be borne solely by Customer. Claims for Products damaged or lost in transit should be made by Customer to the carrier, as Appletec’s responsibility ceases upon tender of goods to Customer, Customer’s representative or common carrier at Appletec’s premises.

TITLE AND RISK

In spite of delivery having been made, property in the Products shall not pass from Appletec until (a) Customer shall have paid the Products’ price plus VAT (if required) in full; and (b) No other sums whatsoever shall be due from Customer to Appletec.

Until property in the Goods passes to Customer in accordance with the above clause, the Customer shall hold the products  on  a  fiduciary  basis  as  bailee  for  Appletec.  Customer  shall  store  the  products  (at  no  cost  to  Appletec) separately from all other products in its possession and mark them in such a way that they are clearly identified as Appletec’s property.

Notwithstanding  that  the  products  remain  the  property  of  Appletec  the  Customer  may  sell  or  use  them  in  the ordinary course of the Customer’s  business at full market value for the account of Appletec and any such sale of dealing shall be a sale or use of Appletec’s property by Customer on Customer’s own behalf and Customer shall deal as principal when making such sales or dealings.   Until property in the products passes from Appletec, the entire proceeds of sale or otherwise of the products shall be held in trust for Appletec and shall not be mixed with other money or paid into any overdrawn bank account and should be at all material times identified as Appletec’s money.

Appletec shall be entitled to recover the price (plus VAT) notwithstanding the property in any of the products has not passed from Appletec

Until such time as property in the products passes from Appletec, the Customer shall upon request deliver up such of the products as have not ceased to be in existence or re-sold to Appletec.  If the Customer fails to do so, Appletec may enter into any premises owned, occupied or controlled by the Customer where the products are situated and re- possess the products.

The Customer shall not pledge or in any way charge by way of security for any indebtedness any of the products which are the property of Appletec.  Without prejudice to the other rights of Appletec if the Customer does so all sums whatever owing by the Customer to Appletec shall forthwith become due and payable without further demand.

The Customer shall insure and keep the products insured to the full price against normal comprehensive risks to the reasonable  satisfaction  of  Appletec  until  the  date  that  property  in  the  products  passes  from  Appletec  and  shall whenever requested by Appletec produce a copy of the Policy of Insurance. Without prejudice to the other rights of Appletec if the Customer fails to do so all sums whatever owing by the Customer to Appletec shall forthwith become due and payable.

While  Appletec  will  treat  the  Customer’s  materials  with  the  utmost  care,  Appletec  specifically  denies  liability  for damage or while Customer’s materials are in the care and possession  of Appletec. Customer’s  materials stored in Appletec’s premises are not insured and are stored strictly at the Customer’s risk. Customer agrees to carry insurance coverage for its materials while at and in transit to and from Appletec’s premises

INSPECTION AND ACCEPTANCE

Claims for damage, shortage or errors in shipping must be reported within 48 hours following delivery to Customer. Customer shall have seven (7) days from the date Customer receives any products to inspect such products and services for defects and nonconformance  which are not due to damage, shortage or errors in shipping and notify Appletec, in writing, of any defects, nonconformance or rejection of such products. After such seven (7) day period, Customer shall be deemed to have irrevocably accepted the products, if not previously accepted. After such acceptance, Customer shall have no right to reject the products for any reason or to revoke acceptance. Customer hereby agrees that such seven (7) day period is a reasonable amount of time for such inspection and revocation.

Claims for quality assurance issues and Product defects must be sent to Appletec (Quality Assurance Department)  in writing, including a detailed complaint report and samples of the related Product(s).

Customer shall have no right to order any change or modification to any product or service, previously ordered by Customer or its representatives, or cancel any order without Appletec’s written consent and payment to Appletec of all charges due and expenses incurred by Appletec.

STORAGE

Storage conditions, as indicated on the product’s packing label, must be adhered to by Customers as a prerequisite to manufacturers’ warranty. This includes temperature and humidity control; storage in suitable sealed packages, for protection against dust, dirt, knocks or mechanical damage. Adhesive rolls must be stored in accordance with specific manufacturer’s instructions.

NO WARRANTY WILL APPLY FOR MATERIALS USED BY CUSTOMER AFTER THE INDICATED DATE OF EXPIRY AND/OR STORED BY CUSTOMERF IN UNSUITABLE CONDITIONS.

CUSTOMER MATERIALS

In  the  event  Customer  provides  Appletec  with  materials  (“Customer  Material”),  Customer  shall  notify  Appletec  in writing of special handling requirements of any nature, especially for dangerous and harmful substances. Failure to notify Appletec of such requirements will render the customer liable for any damages that may be incurred by Appletec, its employees or subcontractors through contact with Customer Material.

Customers must insure any Customer Material sent to Appletec in an adequate all risk insurance. Appletec shall not under any circumstances  be considered as an insurer of Customer Material and shall not be liable, regardless of cause, for loss or damage to Customer Material, including but not limited to have occurred by fire, explosion, theft, pilferage, vandalism, casualty, negligence or acts of God while Customer Material is in Appletec’s possession.

All Customer Material in Appletec’s possession shall be subject to a general lien for all monies owed to Appletec by the Customer, whether or not due or payable, and whether or not such monies are owed to Appletec for work, labor or services rendered, or materials or equipment used in connection with such material.

TAXES

The amount of any sales, excise or other taxes, if any, applicable to the products shall be added to the purchase price and shall be paid by Customer unless Customer provides Appletec with an exemption certificate acceptable to the taxing authorities. Any taxes which Appletec may be required to pay or collect under any existing or future law, upon  or  with  respect  to  the  sale,  purchase,  delivery,  storage,  processing,  use  or  consumption  of  any  of  the products, including taxes upon or measured by the receipts from the sale thereof, shall be for the account of the Customer, who shall promptly pay the amount thereof to Appletec upon demand.

SEVERABILITY

These terms and conditions of sale shall not be construed against the party preparing them, but shall be construed as if all parties jointly prepared these terms and conditions of sale and any uncertainty or ambiguity shall not be interpreted against any one party. If any provision hereof is held to be illegal, invalid or unenforceable under any present  or  future  laws,  such  provision  shall  be  fully  severable  and  the  terms  and  conditions  herein  shall  be construed and enforced as if such illegal, invalid or unenforceable provision had never been made a part hereof. The remaining provisions herein shall remain in full force and effect and shall not be affected by such illegal, invalid or unenforceable provisions or by their severance herefrom.

SET-OFF

Customer shall not be entitled to set-off any amounts due Customer against any amount due Appletec in connection with this Agreement.

REMEDIE OF APPLETEC

Upon default by Customer,  Customer  agrees  to reimburse  Appletec  all attorney  fees and court costs incurred  by Appletec in connection  therewith.  Customer  agrees that any of the following  shall constitute  an event of default which shall enable Appletec, at its option, to cancel any unexecuted portion of this order or to exercise any right or remedy which it may have by law: (i) the failure of Customer to perform any term or condition contained herein; (ii)

any failure of Customer to give required notice; (iii) the insolvency of Customer or its failure to pay debts as they mature, an assignment by Customer for benefit of its creditors, the appointment of receiver for Customer or for the materials  covered  by  this  order  or  the  filing  of any  petition  to  adjudicate  Customer  bankrupt;  (iv)  the  death, incompetence, dissolution or termination of existence of Customer; (v) a failure by Customer to provide adequate assurance of performance within ten (10) days after a justified demand by Appletec or (vi) if Appletec, in good faith, believes that Customer’s  prospect of performance  under this Agreement  is impaired. All rights and remedies  of Appletec herein are in addition to, and shall not exclude, any rights or remedies that Appletec may have by law. In the event  it becomes  necessary  to incur any expense  for collection  of any overdue  account,  reasonable  collection charges, including reasonable attorneys’ fees, will be added to the balance due and Customer shall pay all such charges.

NONWAIVER

Appletec’s failure to insist upon the strict performance of any term or condition herein shall not be deemed a waiver of any of Appletec’s rights or remedies hereunder, nor of its right to insist upon the strict performance of the same or any other term herein in the future. No waiver of any term or condition hereunder shall be valid unless in writing and signed by Appletec’s General Manager.

GOVERNING LAW

These Terms and Conditions of Product Sales and any sale of products hereunder will be governed by the laws of the state  of Israel,  without  regard  to conflicts  of laws  rules.  Any arbitration,  enforcement  of an arbitration  or litigation will be brought exclusively in the Tel-Aviv – Petch Tikva district. Customer  consents to the jurisdiction  of the courts located therein, submits to the jurisdiction thereof and waives the right to change venue.

ENTIRE AGREEMENT

This document constitutes the entire, complete, and exclusive agreement between the parties with respect to the subject matter hereof and contains all the agreements and conditions of sale; no course of dealing or usage of the trade shall be applicable unless expressly incorporated herein. The terms and conditions contained herein may not be added to, modified, superseded or otherwise altered except by a written modification signed by the Appletec’s Chief Executive Officer. All transactions shall be governed solely by the terms and conditions contained herein.

============================================================================================== Appletec Limited Ltd. Appletec Electronics Ltd

Issued: 1st January 2017

THE APPLETEC ADVANTAGE

Appletec is a leading Israeli distributor of electronics, optical components, and value-added services to the communications, industrial/medical, and defense markets. Appletec delivers:
  • The right solution
  • By the right people
  • Selected from the right suppliers
  • At the right price to meet your need

NEWS & HIGHLIGHTS

Glary power has released a new DC/DC 125W military power and high pressure rating series. Operating range -60c to +130c, Operating pressure up to 100Bar. Size 32 X 27 X 11mm . Efficiency is 94% with a power density of 230W/In³. Input voltage range is either 18-36Vdc or 36-75Vdc. Available in 5,12,and 24V output.

CONTACT US