TERMS AND CONDITIONS OF SALE

1. DEFINITIONS AND INTERPRETATION

1.1 In these Terms and Conditions (“Terms”), unless the context otherwise requires:

• “Apex” means Apex Auto Parts Ltd.
• “Buyer” means any individual, company, partnership, garage, engine builder, trader, or other legal entity purchasing Goods from Apex.
• “Goods” means any automotive parts or products supplied by Apex.
• “Contract” means any contract for the sale of Goods formed in accordance with these Terms.
• “Qualified Installer” means a competent automotive professional responsible for identifying and fitting automotive parts.

1.2 These Terms apply to the exclusion of all other terms, including any terms the Buyer seeks to impose under any purchase order, confirmation, correspondence, or course of dealing.

1.3 No variation or waiver of these Terms shall be binding unless confirmed in writing and signed by a director of Apex.

1.4 Headings are for convenience only and shall not affect interpretation.

2. FORMATION OF CONTRACT

2.1 Any quotation issued by Apex constitutes an invitation to treat only and shall not constitute an offer.

2.2 A legally binding Contract shall arise only when:

• (a) Apex issues an order confirmation; or
• (b) the Goods are dispatched or collected, whichever occurs first.

2.3 By placing an order, making payment, accepting delivery, or collecting Goods, the Buyer irrevocably accepts these Terms in full.

2.4 The Buyer confirms that it has not relied on any representation, statement, or advice not expressly set out in these Terms.

3. BUYER RESPONSIBILITY – PART IDENTIFICATION AND SUITABILITY

3.1 The Buyer acknowledges that automotive parts require technical expertise to identify and install correctly.

3.2 The Buyer is solely and entirely responsible for:

• Identifying the correct part number
• Confirming compatibility, specification, and application
• Ensuring suitability for the intended use

3.3 Any assistance provided by Apex, including vehicle registration or VIN-based identification, is provided strictly as non-binding guidance only.

3.4 Apex gives no warranty or guarantee, express or implied, that Goods supplied based on registration or VIN data will be correct, such data being dependent on third-party databases and subject to error.

3.5 Prior to installation, the Buyer must physically compare the supplied Goods with the original part removed from the vehicle.

3.6 The Buyer acknowledges that supplying the manufacturer’s correct part number is the most accurate method of ordering, and responsibility for verification remains entirely with the Buyer in all circumstances.

4. PRICES, VAT, TAXES AND CUSTOMS

4.1 All prices are quoted in pounds sterling (£) and exclude VAT unless expressly stated otherwise.

4.2 VAT and all applicable taxes shall be paid by the Buyer in addition to the quoted price.

4.3 International Buyers are solely responsible for all customs duties, import taxes, clearance fees, and local charges.

4.4 Where Goods are held, delayed, or returned due to the Buyer’s failure to pay customs charges, Apex shall apply a minimum administration and recovery charge of £100, deductible from any refund or recoverable as a contractual debt.

5. PAYMENT TERMS

5.1 Payment shall be made in full by the end of the month following the invoice date unless otherwise agreed in writing.

5.2 Time for payment is of the essence.

5.3 Apex reserves the right to withdraw or amend credit facilities at any time.

5.4 Interest shall accrue on overdue sums at 4% above the Bank of England base rate, calculated daily.

5.5 All payments must be made without deduction, set-off, or counterclaim.

6. DELIVERY, RISK AND TITLE

6.1 Delivery dates are estimates only and do not form part of the Contract.

6.2 Risk in the Goods passes to the Buyer upon delivery or collection.

6.3 Title to the Goods shall not pass until Apex has received payment in full.

7. INSPECTION, ACCEPTANCE AND FITTING

7.1 The Buyer shall inspect the Goods immediately upon receipt.

7.2 Installation, fitting, modification, attempted fitment, or use of the Goods constitutes unconditional acceptance.

7.3 Once accepted, Goods are non-returnable and non-refundable.

7.4 Apex accepts no liability whatsoever for:

• Incorrect installation
• Failure to verify suitability
• Errors or omissions by mechanics, installers, or other third parties

8. RETURNS POLICY

8.1 Retail and Online Customers

• Returns must be notified within 14 days of receipt
• Returns requested between 14 and 28 days may be accepted at Apex’s discretion

All accepted returns are subject to:

• A 25% handling and restocking charge
• Deduction of all outbound and return shipping costs
• A £12.95 + VAT deduction where free delivery was provided

8.2 Trade and Counter Customers

• Returns strictly limited to 14 days from receipt or collection
• A 25% handling charge applies
• No returns accepted after 14 days

8.3 Non-Returnable Goods

No returns will be accepted for:

• Fitted, used, or modified Goods
• Goods showing signs of attempted installation
• Special-order or non-stock items
• Goods returned outside permitted timeframes

All returns require prior written authorisation.

9. WARRANTY – PART ONLY

9.1 Warranty Scope

Apex warrants that Goods shall be free from material defects in workmanship or materials at the time of delivery only. Warranty applies to the Goods only.

9.2 Stock Held from Brands and Manufacturers

Apex sources and supplies Goods from various third-party brands and manufacturers.

Where Goods are supplied from a third-party brand or manufacturer:

• The applicable warranty is subject to that brand or manufacturer’s own warranty terms
• Apex acts strictly as an intermediary for submitting warranty claims

The Buyer expressly acknowledges and agrees that:

• Warranty investigations and approvals are controlled solely by the manufacturer or supplier
• The minimum expected processing time for warranty claims is 8 to 12 weeks
• Where additional information, testing, or investigation is required, the process may extend to between 16 and 24 weeks
• Apex has no authority or control over supplier or manufacturer timescales or decisions

If a warranty claim is not approved by the brand or manufacturer, the claim shall be automatically rejected, and the supplier’s decision shall be final and binding.

9.3 Limitation of Warranty Liability

To the fullest extent permitted by law, Apex’s liability under any warranty is strictly limited to the repair, replacement, or refund of the defective Goods, at Apex’s discretion.

Apex shall not be liable for any indirect or consequential loss, including but not limited to:

• Loss of profits or revenue
• Business interruption
• Vehicle downtime
• Damage to property
• Labour, diagnostic, recovery, or transport costs

9.4 False or Fraudulent Claims

Any claim supported by false, misleading, altered, or fraudulent documentation or statements shall be rejected immediately.

Apex reserves the right to void the claim, recover costs incurred, and pursue legal action where appropriate.

9.5 Proof of Purchase and Mandatory Documentation

Submission of a valid warranty claim is a condition precedent to any liability.

The Buyer must provide all of the following:

• Proof of purchase
• Detailed written fault description
• High-resolution photographs of the part and alleged defect
• A fully completed warranty claim form
• Verification of the part number and identification markings

Failure to provide any required documentation will result in automatic rejection.

9.6 Manufacturer’s Defects

Where a defect is alleged to be a manufacturer defect, the Buyer agrees to comply fully with the manufacturer’s inspection, testing, and returns procedures. Apex shall not be liable where the manufacturer declines the claim.

9.7 Use at Buyer’s Own Risk

By installing or using the Goods, the Buyer assumes full responsibility for compatibility, application, and installation. Apex strongly recommends fitting by a qualified professional.

10. WARRANTY CLAIMS PROCEDURE AND TIMESCALES

10.1 Submission of a completed returns or warranty claim form via Apex’s official process is a mandatory condition precedent to any claim.

10.2 Where claims are referred to third-party suppliers or manufacturers:

• The minimum processing time is 8 to 12 weeks
• Where further information, clarification, or testing is required, processing may extend to 16–24 weeks

10.3 The Buyer agrees that full cooperation is mandatory, including:

• Responding promptly to all information requests
• Providing additional documentation or clarification when requested

10.4 Failure to cooperate, failure to respond within reasonable timeframes, or failure to supply requested information will render the claim void and automatically rejected, without further notice.

11. COMMUNICATION AND PROCEDURAL COMPLIANCE

11.1 All communications relating to orders, returns, warranty claims, disputes, or alleged liability must be conducted strictly via email only using Apex’s official email addresses.

11.2 All required forms must be completed and submitted electronically. Handwritten or informal documents will not be accepted.

11.3 Failure to comply with communication or procedural requirements may result in delays or rejection of claims in full.

11.4 Submission of false, misleading, altered, or misrepresented information will result in claim rejection and may lead to cost recovery and/or legal action.

12. CONTACT INFORMATION

13. TERMINATION

Apex may terminate any Contract for non-payment, breach of these Terms, or insolvency. All outstanding sums shall become immediately due.

14. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction.

15. ENTIRE AGREEMENT AND FINAL PROVISIONS

15.1 These Terms constitute the entire agreement between Apex Auto Parts Ltd and the Buyer, superseding all prior agreements, understandings, or representations.

15.2 Apex reserves the right to amend or update these Terms at any time. The version in force at the time of order placement shall apply.

15.3 Continued purchasing constitutes acceptance of any updated Terms.