TERMS OF SERVICE & REPAIR AGREEMENT
Master B2B service agreement, diagnostic evaluation rules, limitation of downtime liability, and independent non-OEM disclosures.
Zero bench evaluation fee. Emergency 24-48h rush testing available.
Master Service Agreement & Commercial Terms
These Terms of Service ("Agreement") govern all diagnostic evaluation, component-level repair, remanufacturing, and dynamic load testing services provided by Apex Industrial Control LLC ("Apex") to commercial clients, industrial facilities, and manufacturing plants ("Customer"). By submitting equipment for evaluation or issuing a Purchase Order (PO), Customer agrees to be bound by these terms under the jurisdiction of the Commonwealth of Virginia.
1. Scope of Diagnostic & Remanufacturing Services
Apex provides component-level diagnostic evaluation, circuit board repair, IGBT replacing, gate driver rebuilding, micro-soldering, and dynamometer load testing for industrial Variable Frequency Drives (VFDs), AC/DC servo systems, PLCs, HMIs, CNC controls, and switch-mode power supplies.
2. Zero Evaluation Fee & Customer Repair Authorization
All bench diagnostics are performed under our Zero Diagnostic Fee Policy. Upon receipt of hardware, Apex bench engineers perform full component curve tracing and generate a firm, written repair quote detailing required component replacements and scope of work.
- Authorization Requirement: No repair work commences without explicit written approval or a valid Purchase Order (PO) from Customer.
- Unapproved Hardware: If Customer declines a repair quote, the unit will be returned at Customer's shipping expense or recycled per Customer authorization with zero diagnostic charges billed.
3. Limitation of Liability & Plant Downtime Loss Exclusion
TO THE MAXIMUM EXTENT PERMITTED UNDER VIRGINIA LAW, APEX INDUSTRIAL CONTROL LLC SHALL NOT BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO:
- LOSS OF MANUFACTURING PRODUCTION, OUTPUT, OR PLANT OPERATION DOWNTIME.
- PRODUCTION LINE INTERRUPTIONS, SCRAPPED MATERIALS, OR DELAY PENALTIES.
- LOSS OF PROFITS, COMMERCIAL REVENUE, OR BUSINESS OPPORTUNITY.
- CORRUPTION OR LOSS OF CUSTOM PLC CODE, PARAMETER FILES, OR FIRMWARE LOGIC.
IN ALL EVENTS, THE CUMULATIVE MAXIMUM LIABILITY OF APEX INDUSTRIAL CONTROL LLC FOR ANY CLAIM ARISING OUT OF OR RELATED TO SERVICES PERFORMED SHALL BE STRICTLY LIMITED TO THE TOTAL INVOICE AMOUNT ACTUALLY PAID BY CUSTOMER TO APEX FOR THE SPECIFIC REPAIR JOB GIVING RISE TO THE CLAIM.
4. Non-OEM Independent Remanufacturer Disclaimer
Apex Industrial Control LLC is an independent engineering remanufacturer and component-level repair facility. Unless explicitly stated in writing:
Apex Industrial Control LLC is not an authorized distributor, factory repair center, or franchise representative for Siemens, Allen-Bradley (Rockwell Automation), Fanuc, ABB, Yaskawa, Schneider Electric, Mitsubishi Electric, Lenze, Parker SSD, Fuji Electric, or any other Original Equipment Manufacturer (OEM).
All OEM trademarks, brand names, product logos, and part numbers referenced throughout this application belong strictly to their respective registered trademark holders and are utilized solely for technical hardware identification, repair compatibility, and engineering clarification.
5. Field Installation & Electrical Safety Requirements
Customer agrees that repaired industrial automation equipment must be re-installed by qualified, licensed electrical technicians or automation controls engineers in accordance with National Electrical Code (NEC) guidelines, OEM wiring specifications, and proper ESD grounding protocols. Customer is responsible for verifying motor insulation resistance (megger testing) prior to reconnecting VFD output stages.
6. Payment Terms & Freight Logistics
Payment terms are Net 30 for pre-approved commercial accounts or credit card / ACH upon repair completion prior to return shipment. Return freight is shipped via UPS Ground, FedEx Express, or customer-specified LTL freight carrier. Outbound freight costs are billed to Customer unless otherwise agreed in writing.
7. Governing Law & Dispute Resolution
This Agreement, and all claims or disputes arising hereunder, shall be governed by and construed in accordance with the substantive laws of the Commonwealth of Virginia, United States, without giving effect to any principles of conflicts of law. Any legal proceedings shall be instituted exclusively in state or federal courts located in the Commonwealth of Virginia.