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Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY

THE TERMS AND CONDITIONS OF PRODUCT SALES ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS IN ANY FORM DELIVERED BY YOU ("CUSTOMER") ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN. BY ACCEPTING DELIVERY OF THE PRODUCTS, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS UNLESS CUSTOMER AND SELLER HAVE SIGNED A SEPARATE AGREEMENT CONTAINING TERMS INCONSISTENT WITH THOSE HEREOF, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN ANY INCONSISTENT TERMS HEREIN. ANY GENERAL DESCRIPTION OF THE TYPES OF PRODUCTS OR SERVICES AND RESULTS THEREOF POSTED ON ANY SELLER WEBSITE OR MOBILE APPLICATION DO NOT CONSTITUTE PART OF THE AGREEMENT BETWEEN SELLER AND CUSTOMER.

Governing Law

THESE TERMS AND CONDITIONS, ANY STATEMENTS OF WORK, THE SERVICES HEREUNDER AND ANY SALE OF PRODUCTS HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR LITIGATION WILL BE BROUGHT EXCLUSIVELY IN VENTURA COUNTY, CALIFORNIA, AND EACH OF CUSTOMER AND SELLER CONSENTS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED THEREIN, SUBMITS TO THE JURISDICTION THEREOF AND WAIVES THE RIGHT TO CHANGE VENUE. CUSTOMER FURTHER CONSENTS TO THE EXERCISE OF PERSONAL JURISDICTION BY ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING. Neither party may institute any action in any form arising out of these Terms and Conditions or the transactions contemplated hereby (other than an action for Customer’s nonpayment of monies owed to Seller) more than one (1) year after the cause of action has arisen. The rights and remedies provided Seller under these Terms and Conditions are cumulative, are in addition to, and do not limit or prejudice any other right or remedy available at law or in equity.

Risk of Loss

Unless specifically agreed to by Seller and Customer to waive certain freight provisions, all shipments, title to Products and risk of loss or damage during shipment pass from Seller to Customer from Seller’s plant (F.O.B. Origin, freight pre-paid and added).

Payment

Orders are not binding upon Seller until accepted by Seller. Customer agrees to pay the total purchase price for the Products plus shipping (to the extent shipping is not prepaid by Customer), including shipping charges that are billed to Seller as a result of using Customer's carrier account number. Terms of payment are within Seller's sole discretion. If no payment schedule is provided, Customer will pay for the Services as invoiced by Seller. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice, subject to continuing credit approval by Seller. Seller, or any of its Affiliates on behalf of Seller may issue an invoice to Customer. Seller may invoice Customer separately for partial shipments, and Seller may invoice Customer for all of the Services described in a Statement of Work or any portion thereof. Customer will pay for, and will indemnify and hold Seller and its Affiliates harmless from, any applicable sales, use, transaction, excise or similar taxes and any federal, state or local fees or charges (including, but not limited to, environmental or similar fees), imposed on, in respect of or otherwise associated with any Statement of Work, the Products or the Services, excluding only taxes imposed on Seller’s income. Customer must claim any exemption from such taxes, fees or charges at the time of purchase and provide Seller with the necessary supporting documentation. In the event of a payment default, Customer will be responsible for all of Seller's costs of collection, including, but not limited to, court costs, filing fees and attorneys' fees. In addition, if payments are not received as described above, Seller reserves the right to suspend Services until payment is received.

Export Sales

If this transaction involves an export of items subject to the Export Administration Regulations, such items were exported from the United States by Seller in accordance with the Export Administration Regulations. Customer agrees that it will not divert, use, export or re-export such items contrary to United States law. Customer expressly acknowledges and agrees that it will not export, re-export, or provide such items to any entity or person within any country that is subject to United States economic sanctions imposing comprehensive embargoes without obtaining prior authorization from the United States Government. The list of such countries subject to United States economic sanctions or embargoes may change from time to time but currently includes Cuba, Iran, Sudan, and Syria. Customer also expressly acknowledges and agrees that it will not export, re-export, or provide such items to entities and persons that are ineligible under United States law to receive such items, including but not limited to, any person or entity on the United States Treasury Department's list of Specially Designated Nationals or on the United States Commerce Department's Denied Persons List, Entity List, or Unverified List.

Unless agreed to in writing by the Seller and Customer, Apollo Enclosures’ warranties for exported Products are null

and void for Products exported outside the United States.

Warranties

Apollo Enclosures LLC. (“Apollo”) warrants to International Distributor, WeMoove, that Apollo products will be free from defects in material and workmanship, under normal use, for the period of (15) fifteen months from the date of shipment from Apollo factory. In no event shall the duration of any implied warranty of merchantability or fitness for a particular purpose be longer than the period of the applicable express warranty set forth above.

Exclusions and Limitations

  • This Limited Warranty applies only to the Warranted Products. This Limited Warranty does not apply to any other products, whether or not packaged or sold with the Warranted Products

This warranty does not cover:

Damage caused by accident, abuse, misuse, misapplication, or incorrect installation or failure to follow Apollo’s installation instructions or warnings when installing, using or storing the product;

▪ Damage caused by service performed by anyone other than Apollo or an Apollo authorized technician.

▪ A Warranted product that has been modified without the written permission of Apollo.

▪ If any Apollo date stamp or other model markings has been removed or defaced;

▪ Any item concerning the Warranted Products’ appearance that is not due to a defect in material or workmanship

▪ Shipping fees, shipping damage or damage caused during unpacking and/or removal of packing material.

▪ The failure to utilize proper packing when returning the product

▪ Corrosion or rust resulting from damaged, scratched or chipped paint on mount surfaces

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS LIMITED WARRANTY AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. APOLLO SPECIALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF APOLLO CANNOT LAWFULLY DISCLAIM OR EXCLUDE IMPLIED WARRANTIES UNDER APPLICABLE LAW, THEN TO THE EXTENT POSSIBLE ANY CLAIMS UNDER SUCH IMPLIED WARRANTIES SHALL EXPIRE ON EXPIRATION OF THE WARRANTY PERIOD. No Apollo reseller, agent or employee is authorized to make any modifications, extension, or addition to this Limited Warranty or impose any obligation on Apollo in connection with the sale of any Apollo product.

 

IN NO EVENT SHALL APOLLO BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE WARRANTED PRODUCT WITH RESPECT TO WHICH SUCH DAMAGES ARE ASSERTED, PLUS ANY FREIGHT CHARGES ACTUALLY PAID ATTRIBUTABLE TO SUCH WARRANTED PRODUCTS, OR FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY COSTS OF RECOVERY ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WARRANTED PRODUCT OR APOLLO’S PERFORMANCE OF ITS OBLIGATIONS HEREUNDER, TO THE FULL EXTENT THESE DANAGES MAY BE DISCLAIMED BY LAW. This Limited Warranty gives you specific legal rights and you may also have other rights that vary from jurisdiction to jurisdiction.

Return Policy

Customer 30 Day Return Policy

Drop Ship Orders to Customers

  • 30-Day “no questions asked” policy for equipment returned undamaged and in original shipping cartons. Customer must request an RMA for the return (See Section 3). All freight costs are responsibility of customer. (Please see return requirements in Section 2)

  • Products returned after 30 days of purchase due to manufacturer defects are subject to evaluation and repair under our one-year Limited Warranty for residential and commercial use.

  • If in the event an enclosure fails under the terms noted in the Return Policy, Apollo Enclosures will ship a replacement enclosure or part, if an onsite repair is not recommended or possible, at the sole discretion of Apollo Enclosures. Apollo Enclosures will be responsible for the shipping of the replacement enclosure and the return of the original enclosure at no charge to the customer. The customer must provide a valid credit card number before an enclosure is shipped.

  • The customer is obligated to return the original enclosure within a fourteen (14) day window from the day the replacement enclosure ships from Apollo. Failure to comply will result in a charge for the replacement enclosure to the customer’s credit card on the 15th day after the replacement unit ships from the Apollo Enclosures warehouse in Moorpark, California.

  • Shipping of the exchange enclosure gives Apollo Enclosures the right to charge the credit card on file if the enclosure has not been received within 30 days

Products returned for credit

  • Products returned within 30 days of purchase, unopened in its original, undamaged packaging will be subject to inspection and returned for credit less discounts, taxes, fees, and shipping costs. A 10% restocking fee may apply.

  • Products returned within 30 days of purchase, opened, but unused will be subject to inspection and returned for credit less discounts, taxes, fees and shipping costs. A minimum of 15% restocking fee may apply depending on condition.

  • After 30-days, all returns are subject to warranty or (non-warranty after 1-year residential and commercial) repair and return to customer. No other returns are accepted.

  • Returns for credit will be approved and processed only when Apollo Enclosures has inspected the product for completeness including its physical and operational condition.  Returns for credit must be accompanied by an accurate detailed description of why the item is being returned.  Returns for credit will be denied if the product has been altered, tempered with, installed incorrectly, overpowered, or damaged from abuse or mishandling.  All freight charges are billed directly to dealer/customer.

Return Material Authorization (RMA)

  • A Return Merchandise Authorization (RMA#) must be issued by Apollo Enclosures before any product is returned.

  • Products to receive warranty replacement or repair require the Model # plate and manufacturing code to be intact and end-user dated proof of purchase must accompany the unit.

  • Any unit sent in without an RMA# may, at Apollo Enclosures discretion, be returned in the same manner and condition as it was received, freight collect, without prior notification.

  • All RMA’s must be received within 14 days of the date the RMA number was issued.

  • All products must be packed and shipped as stated within the warranty instructions included in the product manual.

Products Returned for repair or replacement

  • Return packaging: Enclosures should be returned in original packing carton with all necessary inserts to prevent further damage. If packing material has been discarded, customer should contact Apollo Enclosures customer service (888-414- 5919) to purchase replacement-packing material. Equipment received physically damaged (other than from original shipment freight damage, which should be reported to freight carrier immediately upon receipt) will be billed to Dealer at cost of repair.

  • For warranty repair, a dated copy of the sales invoice to the end-user must accompany the product to validate the beginning of the warranty period. Without this invoice, the warranty period will begin from the date of manufacturing, which is coded on the Model number plate located in the bottom right corner of the back panel.  Products must be accompanied by a detailed description of the problem(s) to be repaired.

  • Products must be accompanied by a detailed description of the problem(s) to be repaired.

  • Non-warranty repairs or replacement returns may be subject to an estimate fee or restocking fee, which may be applied to the final repair or replacement costs of the unit.

  • A product, which has been altered, tampered with, installed incorrectly, overpowered, or damaged from abuse or mishandling voids any and all warranties. The owner may opt to have the product repaired (if possible) at the owner’s expense for parts, labor and shipping costs.

Warranty Period

  • Apollo Enclosures offers a One (1) year in-factory Limited Warranty Policy that covers product parts and labor for 12- months from original shipment from Apollo Enclosures. (See full policy at www.apolloenc.com/support)

Pricing Information; Availability Disclaimer

Seller reserves the right to make adjustments to pricing, Products and Service offerings for reasons including, but not limited to, changing market conditions, Product discontinuation, Product unavailability, supplier price changes and errors in advertisements. All orders are subject to Product availability and the availability of Personnel to perform the Services. Therefore, Seller cannot guarantee that it will be able to fulfill Customer's orders.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH HEREIN, WILL SELLER, ITS AFFILIATES OR ITS OR THEIR SUPPLIERS, SUBCONTRACTORS OR AGENTS BE LIABLE FOR: (A) ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS, REVENUES OR SAVINGS, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES OR IF SUCH DAMAGES ARE OTHERWISE FORESEEABLE, IN EACH CASE, WHETHER A CLAIM FOR ANY SUCH LIABILITY IS PREMISED UPON BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY; (B) ANY CLAIMS, DEMANDS OR ACTIONS AGAINST CUSTOMER BY ANY THIRD PARTY; (C) ANY LOSS OR CLAIM ARISING OUT OF OR IN CONNECTION WITH CUSTOMER'S IMPLEMENTATION OF ANY CONCLUSIONS OR RECOMMENDATIONS BY SELLER OR ITS AFFILIATES BASED ON, RESULTING FROM, ARISING OUT OF OR OTHERWISE RELATED TO THE PRODUCTS OR SERVICES; OR (D) ANY UNAVAILABILITY OF THE PRODUCT FOR USE OR ANY LOST, DAMAGED OR CORRUPTED DATA OR SOFTWARE. IN THE EVENT OF ANY LIABILITY INCURRED BY SELLER OR ANY OF ITS AFFILIATES, THE ENTIRE LIABILITY OF SELLER AND ITS AFFILIATES FOR DAMAGES FROM ANY CAUSE WHATSOEVER WILL NOT EXCEED THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM OR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM.

Arbitration

Any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including, but not limited to, statutory, common law, intentional tort and equitable claims) arising from or relating to the Products, the Services, the interpretation or application of these Terms and Conditions or any Statement of Work or the breach, termination or validity thereof, the relationships which result from these Terms and Conditions or any Statement of Work (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto), or Seller's or any of its Affiliates' advertising or marketing (collectively, a "Claim") WILL BE RESOLVED, UPON THE ELECTION OF ANY OF SELLER, CUSTOMER OR THE THIRD PARTIES INVOLVED, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. If arbitration is chosen, it will be conducted pursuant to the Rules of the American Arbitration Association. If arbitration is chosen by any party with respect to a Claim, neither Seller nor Customer will have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties involved. Further, Customer will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding any choice of law provision included in these Terms and Conditions, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitration will take place exclusively in Ventura, CA. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). Each party involved will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential. Notwithstanding anything to the contrary contained herein, all matters pertaining to the collection of amounts due to Seller arising out of the Products or Services will be exclusively litigated in court rather than through arbitration.

Miscellaneous

Seller may assign or subcontract all or any portion of its rights or obligations with respect to the sale of Products or the performance of Services or assign the right to receive payments, without Customer's consent. Customer may not assign these Terms and Conditions, or any of its rights or obligations herein without the prior written consent of Seller. Subject to the restrictions in assignment contained herein, these Terms and Conditions will be binding on and inure to the benefit of the parties hereto and their successors and assigns. No provision of this Agreement or any Statement of Work will be deemed waived, amended or modified by either party unless such waiver, amendment or modification is in writing and signed by both parties. The relationship between Seller and Customer is that of independent contractors and not that of employer/employee, partnership or joint venture. If any term or condition of this Agreement or a Statement of Work is found by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, the same shall not affect the other terms or conditions hereof or thereof or the whole of this Agreement or the applicable Statement of Work. Notices provided under this Agreement will be given in writing and deemed received upon the earlier of actual receipt or three (3) days after mailing if mailed postage prepaid by regular mail or airmail or one (1) day after such notice is sent by courier or facsimile transmission. Any delay or failure by either party to exercise any right or remedy will not constitute a waiver of that party to thereafter enforce such rights.

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