Terms and Conditions
1. Payment. Payment must be by way of credit card through the APEXEL, Inc website located at www.shopapexel.com
2. Shipping. Your product will be shipped promptly upon our receipt of your order. If you pre-ordered a product, or the product you ordered is not in stock, we will notify you of the estimated shipping date, in which event you may cancel your order at any time prior to its shipment. Some products or services, such as those provided by APEXEL, may require you to make payments prior to the delivery of the products or service. The specific terms relating to your order will be provided to you at the time you place your order. In no event will we pay you interest for any prepaid orders. Shipments will be made Monday – Friday, excluding holidays, unless otherwise noted.
You authorize APEXEL Inc. to import the goods on your behalf. Further, you agree that APEXEL Inc. may delegate the obligation to import the goods on your behalf to a subcontractor (e.g. customs broker). You will pay the taxes & duties in addition to the purchase price of the goods.
The goods will be imported on behalf of the consignee. The consignee authorizes the APEXEL Inc. to import the goods on his behalf. Further, the consignee/buyer agrees that APEXEL Inc. may delegate the obligation to import the goods on his behalf to a subcontractor (e.g. customs broker). The consignee will pay the taxes & duties in addition to the purchase price of the goods.
3. Disclaimer. EXCEPT AS MAY BE EXPRESSLY PROVIDED BY APEXEL INC AT THE TIME YOUR ORDER IS SHIPPED OR IN THE WARRANTY INFORMATION INCLUDED WITH APEXEL PRODUCT, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APEXEL PRODUCT IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT GUARANTEED WARRANTY OF ANY KIND, AND APEXEL, INC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO APEXEL PRODUCT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APEXEL, INC DISCLAIMS ALL WARRANTIES WITH RESPECT TO THIRD PARTY PRODUCTS YOU PURCHASE FROM THE APEXEL WEBSITE.
4. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL APEXEL, INC BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APEXEL PRODUCTS OR THIRD PARTY PRODUCTS PURCHASED FROM THE APEXEL WEBSITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF APEXEL, INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall APEXEL, Inc’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount you paid for your APEXEL Product. In no event shall APEXEL, Inc has any liability for damages relating to any third party products purchased from the APEXEL website. The foregoing limitations will apply even if above-stated stated remedy fails of its essential purpose.
5. Force Majeure. Neither party shall be liable to the other for any failure to perform its obligations due to an event beyond the control of such party, including, but not
limited to, any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of that party’s control, which causes the termination of an agreement or contract entered into, or which could have been reasonably foreseen. Any party affected by such event shall inform the other party and shall use all reasonable endeavors to comply with these terms and conditions.
7. Controlling Law and Severability. These Terms will be governed by and construed in accordance with the laws of the State of Washington, excluding its conflict of law principles. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, these Terms will be governed by the laws of the jurisdiction of your residence. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of these Terms shall continue in full force and effect.