General Terms and Condition


1. Price

All prices listed are in U.S. dollars, F.O.B. shipping point U.S.A. factory, unless otherwise agreed. Price and product information in this price list was current at the time the Price List was approved for pricing. In a continuing effort to provide the finest equipment available, Apollo Instruments, Incorporated, hereinafter referred to as Apollo, reserves the right to change specifications, models, or prices without liability for such changes. Where price or specifications prevailing at time of acceptance of your order will apply.

2. Quotations
Upon request, Apollo will provide written quotations. Such quotations or Pro-Forma Invoices on an F.O.B., F.A.S., C. &F, or C.I.F. basis are available upon request from our main office at 55 Peters Canyon Rd, Irvine, CA 92606. All quotations are valid for 60 days from the date issued, unless otherwise specified on the quotation.
3. Terms of Payment
All sales are subject to credit approval. Normal payment terms are net thirty (30) days from the date of shipment. Apollo reserves the right to require alternative payment terms.
4. Returns and Cancellations
Return of Merchandise: Discrepancies should be reported within five (5) business days, after the receipt of goods. Customer must pay for order in full before a Return Materials Authorization (RMA) number is given for a return. No returns will be accepted unless a return material authorization (RMA) number has been issued by Apollo.

Product refund charge: 50% invoice price for return within 5 days after receipt of goods, refund charge 100% invoice price for return after 5 days after receipt goods.

Cancellations: Any order for standard products in this price list accepted by Apollo and canceled by the customer prior to shipment shall be subject to a fifteen percent (15%) of the order value to cover costs of processing and order handling; cancellation thereof within thirty (30) days after shipment shall be subject to a cancellation and restock charge of (50%) of the order value for the products which have not been installed. No other orders may be canceled except by mutual agreement in writing. No order for non-standard products may be canceled by a customer except by mutual agreement in writing. At least 70% cancellation fee will be charged once the order is in production.
5. Responsibilities of the Buyer
The buyer is responsible for providing appropriate utilities and an operating environment as outlined in the product literature and/or per-installation manual. Damage to the laser or laser systems caused by failure of buyer's utilities or failure to maintain an appropriate operating environment is solely the responsibility of the buyer and is specifically excluded from any warranty, warranty extension, or service agreement.

The buyer is responsible for prompt notification to Apollo of any claims made under warranty. In no event will Apollo be responsible for warranty claims made later than Three (3) days after expiration of warranty.
6. Diode Warranty
Apollo warrants that the diode lasers conform to Apollo's published specifications and are free from defects in materials and workmanship for a period of sixty (60) days.
7. Limitations of Warranty
The foregoing warranty shall not apply to defects resulting from:
  
  •   Components and accessories manufactured by companies, other than Apollo, which have separate warranties.
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  •   Improper or inadequate maintenance by the buyer.
  •   
  •   Buyer-Supplied interfacing. Operation outside the environmental specifications of the product.
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  •   Unauthorized modification or misuse
  • Apollo assumes no liability for customer-supplied material. The obligations of Apollo are limited to repairing or replacing, without charge, equipment, which proves t be defective during the warranty period. Repaired or replaced parts are warranted for the duration of the original warranty period only. Our warranty does not cover damages due to misuse, negligence or accidents, or damages due to installation, repairs or adjustments nor specifically authorized by Apollo.

    Warranty applies only to the original purchaser at the initial installation point in the country of purchase, unless otherwise specified in the sales contract. Warranty is transferable to another location or to another customer only by special agreement. Apollo disclaims any responsibility to provide warranty, technical, or service support to a customer that acquires products from someone other than Apollo or an authorized representative.

    THIS WARRANTY IS EXCLUSIVE IN LIEU OF ALL OTHER WARRANTIES WHETHER WRITTEN, ORAL, OR IMPLIED AND DOES NOT COVER INCIDENTAL OR CONSEQUENTIAL LOSS. APOLLO SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
    8. Conditions of Warranty
    On-site warranty services are provided only at the installation point within North America. If products eligible for on-site warranty and installation services are moved from the original installation point, the warranty will remain in effect only if the buyer purchases additional inspection or installation services at the new site. No warranty coverage is provided for systems outside North America unless purchaser pays Apollo International prices.

    For warranty services outside North America requiring return of any product to Apollo, the products must be returned to a service facility designated by Apollo. Buyer shall prepay shipping charges and shall pay any taxes and duties for products returned to Apollo for warranty service.

    Apollo shall pay for return of all products to buyer, expect where buyer is located in a country different from that of an Apollo service center.

    All laser parts replaced under warranty shall become the property of Apollo and must be returned to Apollo Instruments, Inc. 55 Peters Canyon Road, Irvine, CA 92614 USA, or to a facility designated by Apollo.
    9. Limitation of Liability
    APOLLO'S LIABILITY UNDER THIS AGREEMENT AND/OR SALE IS LIMITED TO REPAIR OR REPLACEMENT OR ANY DEFECTIVE PRODUCTS OR REFUND OF THE PURCHASE PRICE, AT APOLLO'S SOLE OPTION.

    IN NO EVENT SHALL APOLLO BE LIABLE FOR COSTS OF PROCUREMENT OF SUBMITTED PRODUCTS BY BUYER, NOR WILL APOLLO BE LIABLE FOR ANY OTHER DAMAGES (INCLUDING LOSS OF PROFITS) WHETHER OR NOT APOLLO HAS EN ADVISED OF THE POSSIBILITY OF SUCH LOSS, HOWEVER CAUSED, WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE OR OTHERWISE.
    10. Force Majeure
    Apollo shall not be liable for delays in manufacturing or delivery resulting from any circumstances beyond Apollo's reasonable control. Upon the happening of any circumstances, Apollo shall notify the Buyer without delay and any relief granted to Apollo shall be limited to an extension of delivery dates or times of performance to the extent caused thereby.
    11. Choice of Law
    The performance and interpretation of any order, purchase order or order acknowledgment related to the purchase of Apollo's products shall be governed by the laws of the State of California except its rules in regard to conflict of laws.
    12. Standard Terms to Govern
    To the extent not in conflict with the terms and conditions contained herein, Apollo's standard terms and conditions of sale shall apply to any sale of Apollo products to Buyer. Conflicting terms and conditions contained in Buyer's purchase order shall be disregarded.