About Us
Applied Vehicle Technology was formed in 1990 to service the advanced composite industry. Initially started as a fabrication shop, we have changed our emphasis to supplying materials to other fabricators both small and large. Our focus may have changed over the years but our commitment to quality products and fast service at the lowest prices has not.Please give a call or place an order online and give us the opportunity to make a difference with your projects.
Applied Vehicle Technology LLC
Standard Terms and Conditions of Sale
1. OFFER AND ACCEPTANCE. These Standard Terms and Conditions are a part of, and govern, all transactions between Applied Vehicle Technology LLC (“AVT”) and you, the Buyer (“you” or “Buyer”), and supersede any terms and conditions in any of Buyer’s documents. You may submit, accept or confirm orders using your form documents; provided, however, that no terms or conditions therein shall apply. If any form document you submit to AVT constitutes an offer or acceptance of an offer to purchase products from AVT, these Standard Terms shall govern the resulting contract. Your acceptance of any offer by AVT to sell products to you must be limited to these Standard Terms and the additional terms set forth by AVT in such offer. YOU ARE HERBY NOTIFIED THAT AVT OBJECTS TO ANY ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS CONTAINED IN ANY ACCEPTANCE OR ANY OFFER MADE BY YOU. AVT shall not be deemed to have waived this provision if it fails to object to the conditions appearing in, incorporated by reference, or attached to any Buyer’s document. Buyer’s acceptance of products called for in either a sales contract of AVT or in a purchase order accepted by AVT shall constitute Buyer’s acceptance of these Standard Terms and Conditions of Sale.
2. PRICE, QUANTITY AND SUBJECT MATTER. The price, quantity and subject matter of the products to be provided are specified on the applicable AVT confirmation or invoice. Prices do not include shipping, insurance, sales or excise taxes, customs or duties; such charges may be separately itemized on the invoice and shall be paid by Buyer. Delivery by AVT of 5% more or less products than the quantities specified on the invoice shall be deemed to be delivery of products ordered. The quantities and weight of products shown in the order confirmation or invoice shall govern all disputes between the parties, unless Buyer gives notice of shortage to the agent or delivering carrier and AVT within 24 hours after receipt of products by Buyer. A restocking charge will be assessed on returned goods.
3. PAYMENT TERMS. If AVT extends credit to you, payment is due within thirty (30) days after the date of invoice. (Terms subject to credit approval) Any and all clerical and stenographic errors on the invoice are subject to correction by AVT at any time. AVT may assess a finance charge against amount owed by you at the monthly rate of 1.5% (or the maximum rate permitted by law) for each month that payment is late. You agree to pay AVT’s reasonable costs of collection, including attorney’s fees for delinquent accounts. Title to the products sold hereunder shall remain with AVT until the entire purchase price and all other charges and expenses are paid. Until full payment is made AVT shall also have continuing senior security interests in all products delivered to Buyer, as well as all proceeds, replacements, or substitutions of the products. Upon default by the Buyer for any reason, AVT may, without notice to the Buyer, declare all liabilities and obligations immediately due payable and shall have all rights and remedies of a secured party under the Uniform Commercial Code.
4. DELIVERY. Unless otherwise specifically provided, delivery of products is F.O.B. AVT’s shipping point. Risk of loss or damage shall pass to Buyer upon delivery of the products by AVT to a carrier. Delivery, shipment and other performance dates are estimates only, and in no event shall AVT have any liability for loss of use or for any direct, consequential, or incidental damages resulting from any delay or failure in delivery, regardless of the reason(s) for such delay or failure.
5. DISCLAIMER OF ALL WARRANTIES. AVT DOES NOT MANUFACTURE ANY PRODUCTS, BUT DISTRIBUTES PRODUCTS MANUFACTURED BY OTHERS. AVT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY IMPLIED WARRANT OF FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY REGARDING NON-INFRINGEMENT OF ANY PATENT, PATENTABILITY OR PROPRIETARY RIGHTS AND ANY WARRANTY REGARDING CONDITION, COLOR, USE, SHELF-LIFE, HANDLING, OR OTHER CHARACTERISTICS WITH RESPECT TO ANY PRODUCTS SOLD HEREUNDER. AVT agrees to make available, at Buyer’s request and expense, copies of all warranties made by any manufacturer regarding products sold by AVT, and to extent they are assignable, to assign them to the Buyer. AVT MAKES NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY WARRANTIES MADE BY MANUFACTURER OF PRODUCTS SOLD BY AVT, NOR WITH RESPECT TO THE NON-INFRINGEMENT OF ANY PATENT, PATENTABLITY, OR PROPRIETARY RIGHTS REGARDING THE PRODUCTS. AVT will use reasonable efforts to cooperate with Buyer in Buyer’s tender of warranty claims to the applicable manufacturer, provided that Buyer provides notice of any claimed defect within 15 days after Buyer’s receipt of such products or the original date fixed for delivery.
6. LIMITATION OF LIABILITY. AVT SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST TIME, LOST PROFITS, LOST SALES, DAMAGES FROM DELAYED OR FAILED SHIPMENT, OR THIRD PARTY CLAIMS) ARISING FROM TRANSACTIONS BETWEEN YOU AND AVT, NOR FROM HANDLING, USE, STORAGE METHODS, OR POSSESSION OF ITS PRODUCTS. YOU AGREE THAT AVT IS NOT LIABLE FOR ANY DAMAGE CLAIMS CONNECTED WITH THE APPLICABILITY OR ACCURACY OF ANY ADVICE OR INFORMATION, WRITTEN OR ORAL, GIVEN BY AVT, ITS AGENTS OR EMPLOYEES. AVT’S TOTAL LIABILITY, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, ARISING OUT OF TRANSACTIONS WITH YOU SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE SPECIFIC PRODUCTS GIVING RISE TO THE LIABILITY.
7. INDEMNIFICATION. Buyer agrees to indemnify and hold harmless AVT, its affiliates, and employees and agents of any of them, from and against any and all actual threatened liabilities, damages, losses, demands, judgments, causes of action, claims (including but not limited to, claims of patent, copyright and/or trade secret infringement), expenses, and costs including attorney’s fees and investigation, fines, penalties, and any other charges which arise from or relate to Buyer’s actual or intended use of the products, or the performance, non-performance or purported performance of any covenant or agreement, or the breach of any representation, warranty, covenant or agreement hereunder.
8. UNFORESEEN CIRCUMSTANCES. All orders are subject to cancellation by AVT without liability in the event of any material adverse change in the cost or availability of materials or other unforeseen circumstances. Neither party shall be liable for any delay or failure to perform due to causes beyond reasonable control, including, without limitation, any acts of God, wars, fires, floods, accidents, labor disputes, shortages, governmental actions, or equipment failures.
9. CONFIDENTIALITY. AVT and its agents and employees are under no obligation whatsoever to treat as confidential any disclosures made by you, your agents or employees, in connection with any transaction between the parties, unless otherwise agreed to in writing by AVT or required by law.
10. MODIFICATIONS. No amendment change, alteration, modification, or waiver of any of the provisions hereof shall be binding on AVT unless made in writing and signed by an authorized representative of AVT. Failure of AVT to enforce any rights arising under the contract, including a breach or default by Buyer, shall not be construed as a waiver of any other rights of AVT or any other breach or default by Buyer. Should Buyer breach this contract in any manner, Buyer shall be liable to AVT for all costs and expenses incurred by AVT as a result, including reasonable attorney’s fees. AVT reserves the right to assign or subcontract any or all of its rights and obligations hereunder, without the consent of the Buyer, and without notice to the Buyer. The rights and obligations of Buyer hereunder may not be assigned without the prior consent of AVT.
11. TERMINATION. AVT may terminate the contract, in whole or in part, at any time, upon written notice to Buyer. AVT shall not be liable to Buyer for any losses, damages or expenses resulting from such termination. Upon termination by AVT, all charges for products shipped and any ancillary charges shall be immediately due and payable by Buyer. This right of termination shall be additional to any and all rights AVT otherwise possesses. Buyer may not cancel or defer delivery of any orders without AVT’s written consent, and then only upon terms that fully indemnify AVT against any and all loss.
12. LIMITATIONS FOR SUITS. Any action relating to these Terms and Conditions, or to the parties’ business relationship must be brought within one (1) year after such cause of action as accrued, or it shall be time-barred, notwithstanding any statutory limitations period to the contrary EXCEPT FOR AN ACTION BY AVT FOR THE PRICE. For any action for the price brought by AVT against Buyer, the 4-year limitations period or other limitations period then in force under the applicable statute shall apply.
13. FEDERAL LABOR LAWS. AVT hereby certifies that all products sold were in compliance with all applicable requirements of Sections 6, 7 and 12 of the Fair Labor Standards Act of 1938, as amended, and of regulations and orders of the Administrator of the Wage and Hour Divisions under Section 14 thereof.
14. COMPLIANCE WITH U.S. EXPORT CONTROL LAWS AND REGULATIONS. Unless otherwise expressly agreed, Buyer shall be responsible for obtaining any licenses or authorizations from the Commerce Department’s Bureau of Industry and Security (BIS), AND THE Treasury Department’s Office of Foreign Assets Control (OFAC), which may be required prior to the export of the products from the United States, or re-export to a third country. Buyer agrees to comply with applicable U.S. export control laws and regulations, including the requirements of the Arms Export Control Act, 22 U.S.C. 2751-2794; the International Traffic in Arms Regulation (ITAR), 22 C.F.R. 120 et seq.; and the Export Administration Act, 50 U.S.C. app. 2401-2420, including the Export Administration Regulations, 15 C.F.R. 730-774. Buyer shall immediately notify AVT if Buyer is listed on the BIS Denied Parties List of if Buyer’s export privileges are otherwise denied, suspended or revoked in whole or in part by any U.S. or foreign government entity or agency. Failure of the US government or any other government to issue any required export or import license, or withdrawal/termination of a required export or import license by the US government or any other government, shall not relieve Buyer of its obligations hereunder.
15. GOVERNING LAW. These Terms shall be governed by the laws of Indiana without regard to that state’s conflict of laws principles. Buyer agrees that jurisdiction and venue of any legal action relating to the transactions shall be in the State of Indiana.
16. OTHER PRODUCT RELATED INFORMATION
Core Material Shipping and Handling: Sizes larger than 2’x4’ must be shipped via truck freight, and freight collect. Also, an additional $50 packaging charge will apply.
All purchase orders must be faxed to 317.546.6840.
Emailed purchase orders will not be accepted.
Due to increasingly restrictive requirements by UPS and FedEx on the shipment of hazardous materials, we can no longer directly ship these products. Some items may be drop shipped. Call for details.
The MSDS for any raw material is available upon request.
Prices subject to change without notice.
Due to the specialized nature of our materials and the custom packaging requirements no returns will be accepted.
As each product is custom packaged, we are unable to accommodate walk-in sales. We do have will call for orders placed in advance.
We do not ship outside the United States.
