TERMS & CONDITIONS
PLEASE READ ALL WARRANTY, RETURN, AND REFUND POLICIES PRIOR TO ORDERING.
BY PLACING YOUR ORDER EITHER ONLINE OR OVER THE PHONE, YOU AGREE TO THESE TERMS AND POLICIES.
This website is owned and operated by Apex Overland. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms (on behalf of yourself or the entity that you represent)
Apex Overland will not be liable for any loss or damage arising from your failure to comply with these terms of service.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
When you visit ApexOverland.com or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notice, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that these terms and conditions of use is a document that serves as a “writing” as defined by law. You acknowledge that you have the capacity to print out this Agreement and store the same for record-keeping purposes and waive any claim under the statute of frauds or any similar statute that would block enforceability or admissibility of this Agreement for failure to meet the requirement of a “writing.”
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
No Products are to be returned to Apex Overland without its written consent, according to procedures outlined in this manual, and the receipt by the Buyer of specific shipping instructions. Apex Overland shall not be liable for any expense incurred by Buyer in order to remedy any defect in its products. Apex Overland shall not be liable for any consequential, special, in direct or contingent damage or expense arising directly or indirectly from any defect in its products or from use of any products. This warranty does not apply to (1) Goods bought for industrial, mining or agricultural use, (2) Goods bought for resupply or resale, (3) Goods no longer required by Buyer, (4) Goods incorrectly chosen by Buyer; or (5) Goods modified or altered by Buyer (including changing color).
EXCEPT AS SET FORTH HEREIN, AND EXCEPT AS TO TITLE, IT IS EXPRESSLY AGREED THAT THERE IS NO WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR OTHER WARRANTY EXPRESS, IMPLIED OR STATUTORY NOR ANY AFFIRMATION OF FACT, OR PROMISES BY APEX OVERLAND WITH REFERENCE TO THE GOODS WHICH EXTENDS BEYOND THE SPECIFICATIONS, AGREED UPON BY APEX OVERLAND AND THE BUYER.
Buyer agrees to indemnify and hold Apex Overland harmless from and against any loss, injury or damage, to person or property, that extends beyond the warranties set forth above, whether the claims against Apex Overland or the damages are incidental or consequential.
Before installation of any product, please ensure you have received the correct parts for your application.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
TERMINATION; LIMITATION OF LIABILITY
Apex Overland reserves the right to terminate or suspend access to our service immediately without prior notice or liability, for any reason whatsoever, including if you breach the terms.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
If you have any questions about these Terms, please contact us via our contact us page.
MANUFACTURER WARRANTIES AND AFTERMARKET PARTS
Below is a list of helpful links regarding the effects of the Magnuson-Moss Warranty Act, and other info on the consumer's right to install aftermarket parts on their vehicle without voiding a manufacturer's warranty:
SEMA News - FTC Validates Right To Install Aftermarket Parts:
FTC Consumer Alert on Auto Warranties:
Maguson-Moss Warranty Act:
Parts Deposits Required Before Ordering or Scheduling Work
We require a full parts deposit to begin the order process for your job. Typically our invoices are split into "Parts" and "Labor" fees. Parts are due at the time of sale and labor is due upon completion of work. You will be able to pay your deposit online once your estimate is converted into an invoice then emailed to you. Simply click the link in the email to pay your deposit (be sure to change the total amount due to the deposit amount). Once payment is received, all parts are then ordered. We will reach out to you once we have all of the parts for your job to schedule your work. Lead times vary.
All Vehicles Required to Be Dropped Off if work is to take more than 4 hours
All customer vehicles are required to be dropped off for the day if the work is scheduled to take more than 4 hours. We have a very small front office and we cannot fit more than 2-3 people in the front office due to the small space that we have. We're sorry for any inconveniences. Please arrange to find a ride once you drop your vehicle off. We do offer a key drop in our rear door if you wish to drop your vehicle off after-hours. We will call you or email you as soon as the work is finished.
We Do Not Install Customer Supplied Parts. If we make an exception, the rate is $150/hr
We prefer to not install any customer supplied parts. This is our company policy at Apex Overland for several reasons:
- We simply cannot provide the level of service with customer supplied parts that you deserve. We have no way to warranty a part that we didn’t procure/provide to you. We take pride in being able to provide the very best customer service in the industry by not only selling you the correct part the first time, through one of our distributor relationships, but being able to always take care of you if you have a problem in the future.
- We will not install anything Rough Country or spacer lifts of any kind, ever.
- We will not install customer supplied gears (new or used), lockers or anything internal to an axle.
- If we do make an exception to install your Customer Supplied Part, please note we will not warranty our labor on the install because the margin that we make on a part that we would have supplied to you pays for our technician's salary if we have to go back to fix an issue with a part. If you didn't buy it from us, we have no way to cover our costs. As a small business with fees and parts/material costs on the rise, we simply cannot do work for free. The labor rate for Customer Supplied Parts is $150/hour, with no discounts, no exceptions.
- Deposits will be required to hold your installation appointment. The amount is dependent on the amount of work scheduled to be completed. If you cancel your appointment, your deposit is nonrefundable.
All Work Must Be Paid in Full Before Taking Delivery of Your Vehicle
All work must be paid in full before we will turn the vehicle back over to you for pickup. We offer many ways to pay in person or online, to make payments streamlined for you. If you have a daily limit or security on your card, please contact your bank to request authorization if needed. If you cannot pay for the work, your vehicle remains in our possession as collateral until you can pay for the work performed. No Exceptions.
We Recycle ALL Old Parts Unless You Request to Have Your Parts Returned
We recycle ALL OLD parts unless you specifically request that you want your old parts returned. Due to the small size of our shop, we cannot store old bumpers, wheels, tires, suspension parts on your behalf. Once the new parts are installed, all old parts are taken behind our building to our recycling pile for pickup every week.
All Custom Product Sales Are Final
Due to the custom nature of our business, once a custom product is ordered through us at Apex Overland, we cannot return the part or product. All custom sales are final. We can refund labor if you decide to go a different direction, but all parts or products that are purchased on your behalf will be delivered to you at our shop regardless if you have the products installed with us or not. If we are able to make an exception and return your parts, there will be restocking fees. Shipping fees (vary) and credit card processing fees (3%) are not refundable.
For Off-Road Use Only
The work we perform on any vehicle is for off-road use only. We are not responsible for any modification that we perform on your vehicle that causes a failure of NC state inspection or any other state inspection. By approving the work we are to perform on your vehicle you understand that it is your responsibility to comply with all local, state and federal laws regarding vehicle safety.
Apex Overland offers a 30 day parts and labor warranty for all parts installed by Apex Overland.
Manufacturer's warranties on their parts vary. Apex Overland will not warranty any part not purchased with Apex Overland, or is customer supplied.
Apex Overland reserves the right to void any warranty expressed or implied for any condition Apex Overland seems fit.
Any vehicle or part worked on by other parties other than Apex Overland voids all Apex Overland warranties expressed or implied.
Our policies are subject to change without notice. Please refer to this page for updates on our shop policies.