General Terms and Conditions of Sale

Acceptance of Orders. These Terms and Conditions control all sales of Products and Services by Advanced Platform Design to Buyer. Advanced Platform Design reserves the right to review and decline any order.

Shipping Terms. Packaging and means of shipment shall be determined by Advanced Platform Design unless otherwise agreed. Terms of delivery shall be F.O.B. Advanced Platform Design' s place of business, via common carrier, freight prepaid or freight collect to destination. If shipped freight prepaid, the charge for freight will be added to the invoice. Title and risk of loss or damage to the shipped products will pass to purchaser upon Advanced Platform Design' s delivery of the ordered products to the carrier for shipment, and no loss or damage in shipping or handling will relieve purchaser of any obligation hereunder, including without limitation payment for lost or damaged products. If shipment of any ordered products is delayed at purchaser' s request, Advanced Platform Design may invoice purchaser for such products, and risk of loss of such products shall pass to purchaser, on the date that Advanced Platform Design is prepared to make shipment to purchaser.

International Terms. International orders must be shipped on customer' s carrier at their account. Return shipping costs for RMAs (warranty or non-warranty) are for the consignee's account.

Payment Terms. Subject to credit approval, payment terms are NET 30 calendar days from date of invoice. Wire transfers, credit card payment, and COD may also be acceptable, however, additional fees may apply.

RMA Procedures. All products are thoroughly tested before shipping. In the unlikely event of a problem, contact Advanced Platform Design Technical Support for a Return Materials Authorization (RMA) number before returning any product(s) for service. Technical Support will require product serial number(s), a description of the problem, and an explanation of steps taken to try to resolve the problem. Shipping of the product to Advanced Platform Design is paid for by the customer. An evaluation fee is applied to any board returned without an explanation of the nature of the failure. The fee applies whether or not the board is under warranty. If the board is under warranty, all material and labor for repairs will be fully covered under warranty, but the evaluation fee will be applied. This fee is avoided by supplying Advanced Platform Design with an accurate description of the problem.

Repair & Return Policy. All Advanced Platform Design repairs are warranted to be free of defects in workmanship for 90 days or the remainder of the original warranty period, whichever is greater, subject to the terms of limited warranty below. Returns will be subject to a restocking fee. Product(s) must be returned unopened and undamaged within 30 days of original shipment. Product returned after 30 days, even in unopened condition, is not eligible for return. Please contact Advanced Platform Design Corporation to arrange a return.

Return Shipping. Warranty repairs will be returned to customers via UPS Orange (3 day) service at Advanced Platform Design's expense. Customers wishing an alternative shipping method must notify Advanced Platform Design Customer Support at the time RMA is requested. Additional charges may apply. If the repair is not covered by warranty Customer will be billed for return shipping charges.

Limited Warranty. Advanced Platform Design warrants that the products will be free from material defects in workmanship, materials and media, for the following periods of time after shipping: with respect to KT-ppc553N and ES-ppc553N board-level products, 1 years; with respect to STD and STD32 card cages, power supplies, cables, and disk drives, 1 years; with respect to software, 1 year. Consumable products (including without limitation batteries, fuses, etc.), are provided "as is" and without warranty by Advanced Platform Design of any kind. Upon written notice from purchaser of defects covered by this warranty, and upon return of defective product at purchaser's expense under Advanced Platform Design's RMA Procedures, Advanced Platform Design will repair or replace, at its option, any product determined to be materially defective in workmanship, materials or media, and if such products cannot be repaired or replaced within a reasonable time Advanced Platform Design shall refund to purchaser the purchase price paid for such product. Repairs requiring third party supplied components, assemblies and other materials shall be subject to market availability. In the event that a product has been subjected to misuse, abuse, neglect, alteration, improper maintenance or storage, or repair not expressly authorized by Advanced Platform Design, the foregoing warranty with respect to such product shall be void. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, THE ORDERED PRODUCTS ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND ADVANCED PLATFORM DESIGN SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OR ADEQUACY FOR ANY PARTICULAR PURPOSE, QUALITY, PRODUCTIVENESS OR CAPACITY, AND DOES NOT WARRANT THAT THE OPERATION OF THE PURCHASED PRODUCTS WILL BE ERROR-FREE.

Limitation of Liability.IN NO EVENT SHALL ADVANCED PLATFORM DESIGN BE LIABLE FOR ANY LOSS OF PROFIT OR ANY OTHER COMMERCIAL DAMAGE, INCLUDING WITHOUT LIMITATION SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES UNDER ANY CAUSE OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, CLAIMS ARISING FROM MALFUNCTION OR DEFECTS IN THE PURCHASED PRODUCTS, OR NON-DELIVERY OF THE PURCHASED PRODUCTS, EVEN IF ADVANCED PLATFORM DESIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, ADVANCED PLATFORM DESIGN'S MAXIMUM LIABILITY HEREUNDER SHALL BE LIMITED TO AMOUNTS ACTUALLY PAID BY PURCHASER TO ADVANCED PLATFORM DESIGN FOR UNREPAIRABLE OR UNREPLACEABLE PRODUCTS THAT ARE MATERIALLY DEFECTIVE IN WORKMANSHIP, MATERIALS OR MEDIA. The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of other remedies.

Applicable Law. Any dispute between the parties relating to sale of Advanced Platform Design products shall be subject to Texas law, and exclusive venue for any dispute shall be in Hays County, Texas. 

Product Availability

Advanced Platform Design normally maintains most products in stock. Evaluation and small quantity orders are usually shipped within 24 hours (one business day). Blanket orders with scheduled deliveries are welcomed for OEM users.

For current product availability contact our order desk daily between 9am and 6pm.

Extended Life-Cycle Policy

Product longevity is a serious concern for most OEM users. This concern is addressed by Advanced Platform Design at the earliest stages of design. The considerations for a long product life cycle include:

· Designs which use standard multi-sourced parts from US based sources whenever possible
· Close ties with our vendors to assure a constant supply of components and early notification of any phase-out plans
· A commitment to redesign products when needed so that a replacement product is available when the original product can no longer be manufactured.

Custom and customized products are generally available for the same period as off-the-shelf products, typically five or more years from the initial product release. Product discontinuations that occur in this time frame are normally due to the discontinuation of a key component used in the product. Advanced Platform Design will not discontinue designs that are otherwise manufacturable while existing customers are still using the product.

Five Year Availability Guarantee

To achieve these goals, Advanced Platform Design warrants the following:
· Advanced Platform Design will not discontinue, for reasons within our control, the supply of any products for at least five years from the original introduction date.
· That Advanced Platform Design will not discontinue, for reasons within our control, the supply of any product that is being purchased at a rate of 100 or more pieces per year by any single customer.
· That Advanced Platform Design will guarantee to fill any open orders on our books per the current release schedule for at least one year regardless of the volume. (Subject to a signed NCNR - non-cancelable non-returnable - agreement.)
· That Advanced Platform Design will modify/replace an existing design for any customer purchasing in excess of 500 units/year at our expense if the original product cannot otherwise be produced and do so in such a manner so as to provide an uninterrupted and continuous supply of product to the customer.

Last Time Buys

In the unfortunate case when a critical component is discontinued by the manufacturer, and a second source is not available, Advanced Platform Design will notify all users of the product and facilitate a "last buy" of the component. This last purchase of the component can be in any quantity and can allow Advanced Platform Design to continue supply of the product for some time (based on the customers’ requirements).