Standard Terms and Conditions

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Payment Terms

Terms are Cash Before Shipment (CBS) unless otherwise authorized. A service charge of 2% per month (26.8% annually) applies to overdue accounts. Goods remain the property of Apex Equipment Solutions until full payment is received.

Delivery - Shipment

All items are Ex Works (EXW) manufacturing location. This means that the buyer is responsible for all costs and risks associated with transporting the goods from the manufacturing location to their final destination. Sales are made in Ontario, Canada. Apex Equipment Solutions may arrange freight to expedite orders and will invoice the Buyer for these costs. The freight carrier is responsible for complete and safe delivery. The Buyer must file claims with the carrier for any issues. COUNT AND INSPECT ALL MATERIAL BEFORE SIGNING THE WAYBILL. NOTE DAMAGE AND SHORTAGES ON THE WAYBILL. Apex Equipment Solutions reserves the right to deliver in installments.

Shortages

Report shortages immediately and in writing. Replacement goods will be invoiced if not reported within two (2) working days.

Over Shipments

Material delivered but not required remains the property of Apex Equipment Solutions, who will remove over-shipped material.

Return Goods

Returns for credit require prior approval from Apex Equipment Solutions and must be for justifiable reasons. Credit will be based on the invoiced value or current pricing. Returns are subject to a 20% restocking charge unless otherwise authorized. Custom orders cannot be returned.

Orders

No order binds Apex Equipment Solutions unless accepted by an authorized officer or employee.

Taxes and Tariffs

All applicable taxes, duties, tariffs, and custom broker fees will be charged extra. Should Apex Equipment Solutions be required to pay or collect taxes or tariffs under any existing or future law, the Buyer will reimburse Apex Equipment Solutions in full.

Claims and Apex Equipment Solutions Liability

All claims for alleged defects in goods must be made in writing to Apex Equipment Solutions within ten (10) days after receipt of goods by the Buyer. The Buyer shall afford Apex Equipment Solutions prompt and reasonable opportunity to inspect the alleged defective goods. Apex Equipment Solutions liability shall be limited to the stated selling price of any defective goods, which in no event shall include the Buyer's costs, injuries, loss of profits, goodwill, or any other special or consequential damages.

Apex Equipment Solutions shall not be liable for failure to deliver or delays in delivery caused by circumstances beyond its control, including but not limited to strikes, lock-outs, fires, inability to obtain materials or shipping space, breakdowns, delays of carriers or suppliers, governmental acts and regulations, acts of God, or force majeure events.

Apex Equipment Solutions shall not be liable for recommendations made by any of its employees. It is the Buyer's responsibility to ensure that the goods or services purchased are suitable and applicable for their particular use.

Specifications

Specifications in quotations supersede previous or subsequent advertising or promotional literature. Catalogue information is not all-inclusive and subject to modification without notice. Apex Equipment Solutions reserves the right to change designs and modify previously sold goods.

Limited Warranty

Apex Equipment Solutions warrants its products are free from defects in material and workmanship for one year. No warranties are made for products manufactured by others; the Buyer's remedy is under the manufacturer's warranty.

Governing Law

This Agreement is governed by Ontario, Canada laws. Disputes are subject to the exclusive jurisdiction of Ontario Courts.

Confidentiality

Both parties agree to keep confidential any proprietary information disclosed during the course of the agreement.

Dispute Resolution

Any disputes arising out of or in connection with this Agreement shall be resolved through mediation or arbitration before resorting to litigation.

Indemnification

The Buyer agrees to indemnify and hold Apex Equipment Solutions harmless from any claims arising from the use of the goods.

Severability

If any provision of these terms and conditions is found to be invalid or unenforceable, the remaining provisions will continue to be in effect.

Entire Agreement

These terms and conditions constitute the entire agreement between the parties and supersede any prior agreements or understandings.

Amendments

Any amendments to these terms and conditions must be made in writing and signed by both parties.

Cancellation

If the Buyer cancels an order, Apex Equipment Solutions reserves the right to charge a 20% restocking fee. Additionally, any costs incurred by Apex Equipment Solutions up to the time of cancellation, including but not limited to materials, labor, and administrative expenses, will be charged to the Buyer. Custom orders cannot be cancelled once production has commenced.