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Terms and Conditions

Welcome to Apex Co Pty Ltd's (“Apex” or “Company” or “us” or “we” or “our”) website (the “Site”). These Terms and Conditions of Use (“Terms”) outline the terms of our relationship with you the Customer. By using our Site, you indicate that you accept these terms of use and that you agree to abide by them and all applicable laws and regulations.

Return Policy

If a manufacturing fault is present, Apex will gladly replace or fix the item(s). Please note that if a manufacturing fault is present - Apex must be notified in writing within 3 days of your receipt of the product. We do not accept returns for items for any other reason, including but not limited to changing your mind, due to colour variations from screen image or variations in product colour or texture due to handcrafted elements to an item. We do not accept returns for delays in product lead times, delays in shipping, or delays in supply of your order caused by any reason.

Shipping Costs

Shipping costs are non-refundable as we utilise third party couriers.

Free Metro Shipping

Our free metro shipping offer currently includes: Sydney, Melbourne, Brisbane, Canberra, and Adelaide. If you are in a metro area outside these cities, we are sorry to exclude you from this offer at this stage. We look forward to including more Australian cities in the future.

Damages

Unfortunately products are occasionally damaged in transit.

If you notice that a product is damaged after it has been shipped to you, please take photos clearly showing the damage and email us at support@apex.com.au within 3 days of receiving your shipment. If we are notified later than 3 days after you receive the products, we will not be able to repair or replace the items.

If we determine that the product was damaged in transit, the type of remedy we offer will depend upon the circumstances. We will determine the outcome at our sole discretion and may offer a repair, compensation, replacement, or refund.

Product Issues

If your product arrives with a fault or issue, please email us the photos within 3 days and clearly explain to us what the fault or issue is. If we are notified later than 3 days after you receive the items, we will not be able to resolve the issue, repair or replace the items. Email us at support@apex.com.au and provide:

  • A detailed description of the fault or issue, and
  • Photos showing the fault or issue.

Returns must be sent to our warehouse in the original packaging. If we receive products without the original packaging we will not accept the return.

Where notification of a product fault or issue has been made within 3 days of delivery of the defective products and Apex is satisfied that the products are faulty, Apex will repair, replace, or send replacement parts, provided the identified defects have arisen solely from faulty materials and/or workmanship on the part of the manufacturer and this will be the limit of Apex liability with respect to any faulty products. Apex will not accept responsibility for any products that have been damaged as a result of mistreatment, tampering, inattention, modification, interference and/or malicious damage. The return to Apex of faulty products without Apex written consent will not in any way affect your obligation to pay for the products in accordance with these Terms. You expressly discharge Apex from any liability whatsoever (including but not limited to any claim for negligent misstatement or breaches of the Trade Practices Act 1974) arising out of a delivery of defective products if notification of the defect has not been made to Apex within 3 days of delivery of the products.

Cancellations

Unfortunately, we do not cancel orders for reasons, including but not limited to changing your mind, ordering the wrong items or changes in customer requirements.

No order may be cancelled except with prior consent in writing by Apex and on terms which will indemnify Apex against any losses suffered by Apex including a minimum cancellation and restocking fee not less than 30% of the value of the products. We do not refund or cancel orders due to cancellation requests by customers, due to delays in product lead times, delays in shipping, or delays in supply of your order caused by any reason. We reserve the right to cancel any order, products or services for any reason whatsoever.

Shipping

Apex may provide to the customer the estimated dates of delivery and will use its best endeavours to maintain such estimates, but shall not be liable to the customer in the event that such estimates cannot be maintained.

The obligations of Apex as to delivery shall extend to the delivery of goods to the kerbside or street level only. In the event that there are additional delivery requirements the customer shall notify Apex at a reasonable time prior to any such delivery and any additional costs thereby incurred shall be to the customer’s expense.

Limitation of Liability

When ordering products from Apex you agree to indemnify Apex against any losses suffered due to delays in the supply of products and / or services. In all matters arising from product delays and / or shipping delays, you agree to indemnify and hold harmless Apex for any damages and losses arising from product and / or service delays caused by Apex, our suppliers or third party carriers.

The sole obligation of Apex under this agreement is to use its best endeavours to provide the products or to repair the products or repair or replace (at Apex’s discretion) any part of a product which is found to be defective during the warranty period and in no event shall Apex be liable for any other claims or damages including, but not limited to, claims for faulty design, negligent or misleading advice, damages arising from loss or use of the products, and any indirect, special or consequential damages or injury to any person, corporation or other entity.

If any products supplied pursuant to this agreement are supplied to the customer as a ‘consumer’ of goods or services within the meaning of that term in the Australian Consumer Law as amended or relevant state legislation the consumer will have the benefit of certain non-excludable rights and remedies in respect of the products or services and nothing in these terms and conditions excludes or restricts or modifies any condition, warranty, right or remedy which pursuant to the Australian Consumer Law or similar legislation is so conferred. However, if the product is a product not ordinarily acquired for personal, domestic or household use or consumption, pursuant to section 64A of the Australian Consumer Law and similar provisions of relevant state legislation Apex limits its liability to payment of an amount equal to the lowest of:

(i) the cost of replacing the goods, or supplying replacement parts, or supplying equivalent goods;

(ii) the cost of repair of the goods;

(iii) the cost of having the goods repaired or replaced or providing replacement parts.

Apex is not liable for default or failure in performance of its obligations pursuant to this agreement resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, the elements, strikes, labour disputes, shortage of suitable parts, components, materials including ink, chemicals and paper, labour or transportation or any other cause beyond the reasonable control of Apex.

You agree that Apex shall not be responsible or liable for any loss or damage of any sort incurred as the result of your improper use of our products or services.

Warranties

Apex does not warranty products for use under all circumstances. The warranty does not cover:

Damage caused as a result of incorrect assembly.

Misuse, neglect or abuse of the goods.

Damage caused from improper storage.

Any use of toxic cleaning products that are not specifically recommended for the product type.

Shipping and delivery costs

Fair wear and tear.

Non reported issues that have escalated from minor to major.

Transportation costs for goods picked up from store or warehouse.

We provide warranties subject to these terms:

(i) Apex at its discretion may repair or replace any goods to remedy any failure due to faulty workmanship or materials, provided that such goods may have acceptable variance (as determined by Apex).

(ii) the customer acknowledges that any warranty given in respect of plant and equipment is the warranty of the manufacturer of the goods and that Apex is not responsible for such warranties and gives no warranty of its own in respect of the said goods;

(iii) Apex, or its representatives, being given access to the goods for the purpose of inspection and rectification of any claim;

(iv) the customer not having repaired or undertaken to repair the goods without the prior authorisation of Apex nor altering the goods in any way;

(v) the customer having used and maintained the goods in accordance with the manufacturer’s recommendations, their failure not being the result of incorrect or poor maintenance by the customer;

(vi) the customer having ensured reasonable, appropriate and acceptable use and maintenance;

(vii) the customer acknowledging that it has not relied upon any advice given by Apex, its agents, servants, representatives or employees in relation to the suitability for any purposes of the goods;

(viii) the customer agrees that all claims for warranties are decided at the sole discretion of Apex.

Payment Terms

Unless Apex shall otherwise agree, payment for goods and services must be made in full prior to delivery of the goods or provision of any services. Payment by cheques and bank transfers are not made until the payments are cleared.

Overdue Accounts

Any amount overdue for payment will bear interest at the rate of 1.5% per month from the date it becomes overdue until paid.

Retention of Title

Possession of the goods shall pass to the Customer at the time of delivery. Notwithstanding the above, title and ownership of the goods shall only pass to the Customer when the Customer has paid the Company all that is owing to the Company in respect of the goods. Until such payment is made, the Customer holds the goods as bailee for and on behalf of the Company. If the Customer fails to pay for the goods on time, such event shall entitle the Company, its servants or agents to retake possession of the goods and for that purpose the Company shall be entitled to enter upon the Customer's  premises without being liable for trespass. The Customer shall nevertheless be liable for any and all amounts still due to the Company by the Customer less the value of the goods that the Company attributes to the goods at the time of such repossession. The Company's determination of the value of the goods at that time shall be prima facie evidence of the fair market value of the goods at that time. Until the goods are paid for in full, the Customer shall;

  • Keep the goods on behalf of the Company fully insured against loss; damage and destruction;
  • Keep the goods clearly identifiable; and
  • Not grant any charge or mortgage over the goods or otherwise encumber the goods.


If the Customer sells the goods for which it has not made payment, it does so as the Company's agent and the proceeds of sale are held by the Customer on trust for the Company and the Customer will hold them in a separate account pending its accounting to the Company. The Customer must notify any financier or third party in favour of whom it grants a charge over the assets of its business that all of the Company's goods which have not been paid for by it do not constitute the Customer's property. Such financier or third party will be deemed to be subject to the Company's retention of title until the Company's goods are paid for in full.

Price

The Customer shall not be entitled to make any deduction in respect of the prices agreed to by the Company relating to any set-off or counter-claim by the Customer against the Company.

Recovery

Should it become necessary for the Company to institute legal action for recovery of any amounts due to it by the Customer, then the Customer specifically acknowledges and agrees that it shall be liable to the Company for all legal costs incurred by the Company on a solicitor and own client scale.

General

The Terms and Conditions of Trade may not be altered without our consent. Any alterations will be clearly marked and agreed to. Your non-adherence of any of the terms set out above does not in any way constitute an acceptance on our part or a waiver of our rights. These Standard Terms of Sale will be interpreted according to the laws of New South Wales and the courts having such jurisdiction in New South Wales. If any provision of the Terms and Conditions of Trade shall at any time become void, voidable or unenforceable, the remaining provisions shall nevertheless continue to be of full force and effect.

Copyright, Trademarks and Trade Names

Unless otherwise indicated, all logos, product names, product images, package designs, and marks on the Site are copyright, trademarks or service marks owned or used under license by us or our business partners. The use or misuse of any of these marks or other information is strictly prohibited.

No permission is granted to you to print, copy, reproduce, distribute, license, transfer, sell, transmit, upload, download, store, display in public, alter, modify, or create derivative works of these materials.

You may not use the materials for any commercial purpose, or for any public display (commercial or noncommercial); remove any copyright, trademark, or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server, except as permitted by law.

We make no warranties or representations to you that your use of any materials displayed on the Site will not infringe the rights of third parties. In addition, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the content. Modification or use of this content except as expressly provided in these Terms violates Company’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by your access to the Site.

Images

Images used in this website are for general reference only.