Terms and Conditions

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Advanced Power Tech

Purchase Order Terms & Conditions 

  1. Advanced Power Technologies, LLC (APT) work orders (WO) must be completely filled out to include arrival/departure time, date, technician’s name, manager’s signature and printed name, for each trip. Under no circumstances will an invoice be paid without a completed, signed work order.
  2. Additional customer requirements, as stated on the APT WO, must be completed including but not limited to, store stamp, kiosk receipts, completion photos, additional completion forms and survey forms. Any issues with obtaining these items must be addressed with APT while the tech is onsite. Failure to do so may result in nonpayment.
  3. Emergency calls only – subcontractors completed and signed work order is acceptable, in lieu of the APT WO. All other terms and conditions apply.
  4. For APT WO’s that state “IVR”, the tech must call in to the IVR system upon arrival and upon departure. Any issues with the IVR system must be addressed in writing with APT while the tech is onsite. Failure to do so may result in nonpayment.
  5. All not to exceed (NTE) amounts are listed on the purchase order (PO). Technician must call from site for an NTE increase. All approvals of NTE increases must be in writing from APT. Failure to do so may result in short payment.
  6. Contractors are prohibited from disclosing pricing, payment or any other related information to the customer.
  7. APT will pay actual travel time up to a 1 hour maximum, per trip, unless prior written approval is received from APT.
  8. No charges for second man will be paid, unless prior written approval is received from APT.
  9. Manufacture’s name and part number must be included on all quotes and invoices.
  10. Sales tax must be included in the price for all NTE amounts, quotes, and verbal estimates.
  11. All work will be paid at standard agreed upon rates unless prior written approval is received from APT. Miscellaneous charges such as fuel charges, toll charges, “misc. supplies” and/or ladder or tool charges, will not be paid unless prior written approval is received by APT. Failure to do so may result in nonpayment.
  12. Quote approvals are given based on the estimated time to complete work. The amount listed on the revised PO represents an increased NTE amount and NOT a fixed price amount to complete work, unless otherwise stated.
  13. The invoice is to be submitted only upon job completion or a request has been made by APT to close and bill the WO.
  14. Contractors are required to provide an itemized invoice for labor, travel, materials, and tax. A detailed description of work, including delays and extenuating circumstances in order to justify labor hours charged. APT will make payment, subject to standard deductions and credits, within forty-five (45) days from receipt of invoice and all required documentation. For invoices received after fifteen (15) days of completion of work order, APT may, in its sole discretion, deduct from the payment a late fee of $35.00 per invoice.  APT will not be responsible for payment of any invoice received more than twenty (20) days after completion of the work order.

                  PO Terms and Conditions continue on page 2                                     _______________Initial

  1. Unused materials supplied by APT must be returned upon completion. Failure to return materials will result in short payment of invoice.
  2. Materials will be billed at the predetermined agreed upon amounts. If no amount is established the contractor will charge APT cost plus 20%, for materials used.
  3. Contractor must have a current certificate of insurance listing the state required minimum coverage for workers compensation and $1,000,000 for liability coverage. Failure to do so will result in nonpayment.
  4. Legal Action: In the event of bringing any action by either party hereto, as against the other, for any reason, the party in whose favor final judgment shall be entered, shall be entitled to have and recover from the other party reasonable attorney fees to be fixed by the court together with court costs. This purchase order shall be interpreted under the laws of the state of Florida. Jurisdiction and venue for any legal action arising out of this purchase order shall be in Broward County, Florida.
  5. Indemnification: To the fullest extent permitted by law, the contractor agrees to indemnify, defend, and hold harmless APT along with any other entity for whom indemnification by the company is required (the “indemnitees”), against any and all liability and claims for the death of or injury to any person, including but not limited to employees of the contractor or of any indemnitee, or property damage, including the loss of use of property, including expenses and attorney’s fees related thereto, arising or alleged to arise out of or in any way related to this agreement, any work order or contractor’s performance of the work or other activities of the contractor and its agents and employees on and around the premises at which the work is to be performed, even if such claim or liability is caused in part by the negligence of any idemnitee, it being the express intent of the parties that the contractor indemnify the indemnitees. The contractor also agrees to indemnify indemnitees and hold them harmless from all expenses, including attorney’s fees, caused by or related to any breach by contractor of the covenants contained in this agreement or any work order. The contractor shall be responsible for damage to or loss of the work, whether completed or under construction, until responsibility for the work has been accepted by the owner and APT, and the contractor agrees to indemnify indemnitees against all expense and costs caused by any such damage or loss from any cause, even if such damage or loss is caused in part by the negligence of any indemnitee. The contractor will also take precautions to protect other portions of the work. The contractor shall procure contractual liability insurance covering its obligations herein.
  6. No other agreement or terms will override the terms contained herein unless agreed upon in writing between both parties.

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[CONTRACTOR NAME]                                                                                               Date

 

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Signature

 

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Print Name

 

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