APARA, LLC dba Elevate B2B – Terms and Conditions
Full Details of Our Terms of Service
Customers That We Serve: All Business, Commercial and Institutional orders are welcome. We specialize in selling to hospitality corporations, hotels, restaurants, business, government, military, educational, churches, police, fire, EMS, security, aviation, resort operations, Etc. These customers are given priority attention. Furthermore, returns may be subject to a 15% or more restocking charge based on the type, brand, model and quantity of item, as well as the current restocking policy of any distributor or manufacturer from which product may be drop-shipped.
Payment: We accept major credit cards, checks, wire and ACH.
Loss & Damage From Shipping: You must keep the shipping carton and it’s contents for inspection as a result of a loss or damage claim (even if the box appears to be undamaged). You must report losses or damages to APARA LLC immediately upon discovery. APARA LLC can not refund or replace products without 1st investigating a claim with the shipping carrier. The shipping carton and it’s contents must be available for a loss/damage claim inspection.
Refunds & Returns: A Return Authorization is required for all returned product. Please review our refund policy page for more information. As stated, we charge up to a 25% restocking fee as well as return shipping and handling costs. Initial shipping & handling costs are not refundable.
How To Contact Us:
Call – 833.351.5333
Fax – 949.258.5377
Email – sales@elevate-b2b.com
Monday through Friday 9:00am to 5:00pm PST.
Terms, Conditions, Returns & Warranty Information
THANK YOU FOR YOUR PURCHASE FROM APARA LLC. WE VALUE EACH AND EVERY ONE OF OUR CUSTOMERS. BELOW IS IMPORTANT INFORMATION YOU NEED TO KNOW CONCERNING PURCHASES, TERMS, PAYMENT AND PROCEDURES FOR RETURNING MERCHANDISE.
- MODIFICATIONS We may update, change, modify, or revise these Terms at any time and for any reason. Any changes will become effective upon posting to the Site, along with the date on which it was most recently revised as indicated by the “Last Updated” heading at the top of these Terms. Your continued access to and/or use of the Site and Online Services after any such modifications constitute your acceptance of the Terms as modified. If any modification to these Terms is held to be invalid, void, or unenforceable for any reason, such modification shall be deemed severable and shall not affect the validity and enforceability of these Terms.
- Credit Terms It is our discretion if from time to time and for large orders and our (Apara LLC) reasons terms where extended it would require a completed credit application and a personal letter of guarantee on all open accounts. A returned check fee will be assessed if a check is returned for any reason by the issuer’s bank. Replacement checks shall be certified, and all purchases will be for cash or certified check only, until returned check has been replaced and all returned check fees paid. Interest will be charged on all accounts unpaid beyond 30 days at the maximum legal limit allowed in buyer’s state. APARA LLC reserves the right not to extend credit terms and credit terms may be withdrawn at any time by APARA LLC in its sole discretion.
- Limitation of Liability
EXCEPT AS TO TITLE, APARA LLC DOES NOT MAKE AND SHALL NOT BE DEEMED TO HAVE MADE ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY OR ALL MERCHANDISE OFFERED FOR SALE BY APARA LLC, INCLUDING, WITHOUT BEING LIMITED TO, ANY REPRESENTATION OR WARRANTY AS TO QUALITY, MERCHANTABILITY, FITNESS FOR USE OR SUITABILITY. BUYER SHALL BE LIMITED TO THE WARRANTIES, IF ANY, GIVEN BY THE ORIGINAL MANUFACTURER OF THE MERCHANDISE.IT IS UNDERSTOOD THAT APARA LLC’s LIABILITY, WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF THE PURCHASE PRICE PAID BY BUYER AND UNDER NO CIRCUMSTANCES SHALL APARA LLC BE LIABLE FOR SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES. THE PRICE STATED FOR THE MERCHANDISE IS A CONSIDERATION IN LIMITING APARA LLC’s LIABILITY.NO WAIVER, ALTERATION, OR MODIFICATION OF THE FOREGOING CONDITIONS SHALL BE VALID UNLESS MADE IN WRITING AND SIGNED BY THE MANAGING MEMBER OF APARA LLC. - Delivery
Deliveries shall be subject to and contingent upon timely receipt of orders by APARA LLC together with buyer’s satisfaction of credit requirements. APARA LLC shall not be liable for any loss, damage, detention or delay resulting from causes beyond its reasonable control, including (without limiting the generality of the foregoing) unavailability of production from APARA LLC’s sources of supply, fire explosion, flood, strike or other labor difficulties, shortage of utility, facility, material or labor, default by common carriers or other delay in transportation, breakdown or accident, riot, insurrection, civil or military authority, or governmental controls, restrictions or regulations. APARA LLC shall have the right to apportion its supplies of merchandise among its customers in such manner as it, in its sole discretion determines to be appropriate. - Seller’s Right of Possession
In addition to all other remedies, APARA LLC shall have the right, at any time, for credit reasons or because of buyer’s payment default, to withhold shipment in whole or in part, to recall goods in transit, retake same, and repossess all goods which may be stored without the necessity of taking any other action, and buyer consents that all merchandise so recalled, retaken, or repossessed shall become the absolute property of APARA LLC provided the buyer is promptly notified of such action and given full credit therefore. - Risk of Loss; Claims
Merchandise is shipped FOB shipping point and buyer assumes all risk of loss due to damages, shortages or non-delivery due to carrier fault. Claims stemming from discrepancies between invoice description or quantities and actual product received by buyer due to an error of APARA LLC must be made within 10 days of invoice date, and failure to make such claim shall result in waiver of any right to make any claim for such error. - Product Installation and Operation
Buyer assumes all responsibility for the proper selection, installation, operation and maintenance of the merchandise purchased from APARA LLC. - Items Returned for Credit & Repair
APARA LLC will assist with exercising the manufacturers warranty for repair or replacement, any item APARA LLC carries or which was previously purchased from APARA LLC, provided, however, that buyer shall be responsible for any and all freight charges, service charges, and repair charges, even if the product is found to be beyond economical repair or buyer does not wish to pursue the repair after acknowledgment of the estimated repair charges. - Return Policy
You may return for exchange or credit any normally stocked item within 30 days from date of invoice for credit or refund of the purchase price and sales tax if applicable, provided: (1) Item has not been used, altered, or marred in any way (2) Item is returned with original wrapping in original container with all accessories, instruction manuals, warranties, papers, etc., in resale condition and (3) Item is returned with proof of purchase from APARA LLC. Items cannot be returned if they are: special ordered, not normally in stock, close-outs, clearance, promotional, used or blemished, etc. Shipping & handling charges are not refundable. Furthermore all returns are subject to a 15% or more restocking charge as stated.If any of the previous return conditions cannot be met, the following applies at the discretion of APARA LLC. Any defective item returned within the specific manufacturer’s warranty period will be replaced/repaired in accordance with the manufacturers’ warranty guidelines. Replacement will be given only at the request of the manufacturer with proper proof of purchase. Any item returned as defective, found to be so as the result of improper usage and thus not covered by the manufacturer’s warranty will be treated as an item returned under the preceding paragraph.To return any item, buyer must contact APARA LLC Monday through Friday, 9:00am – 5:00pm PST. Request a Return Authorization Number. The Return Authorization (RA) number must be marked on the outside return label of the package. Please Note: APARA LLC will refuse delivery of any returned packages without a Return Authorization (RA) number displayed on the exterior of the returned package. Buyer is responsible, and will not be reimbursed, for necessary shipping and insurance costs for returned packages to APARA LLC. Include a copy of your original purchase invoice. - Purchase Orders
If the Buyer intends to issue purchase orders to the Seller from time to time, every purchase order shall contain a description of the products ordered, the quantities and prices, the shipment schedule, the terms and place of delivery. Despite any provisions to the contrary all such orders will be made pursuant and subject to this agreement, whether specifically stated or not. If there is any inconsistency between the terms and conditions of this agreement and the terms of a purchase order, the terms and conditions of this agreement shall prevail. - Governing Law
The parties agree and intend that this agreement will be construed and interpreted in accordance with the laws of the State of California. The parties also acknowledge that the transaction that is the subject matter of this contract bears a reasonable relation to the State of California. - Arbitration
Any controversy or claim arising out of, in connection with, or relating to this agreement or a breach thereof shall be settled by arbitration pursuant to the arbitration rules governed by the State of California. - Complete Understanding
This agreement terminates and supersedes all prior agreements between the parties, if any. This agreement sets forth the entire agreement between the parties. This agreement may not be changed, altered, or amended except by a writing signed by both parties.