Terms Of Use


Effective Date: November 21, 2023

These Terms of Use describe the terms under which we, Apex Waves LLC, provide the www.apexwaves.com website.

In this document, the words “we,” “our” and “us” refer to Apex Waves LLC, a North Carolina limited liability company, “you” and “your” refer to visitors to the Site, the “Site” refers to the www.apexwaves.com website, and “Terms” refer to these Terms of Use.

These Terms are effective as of the date shown above. When we update these Terms, we will update the Effective Date above. You should review these Terms from time to time.

Privacy Policy

Our www.apexwaves.com/privacy-policy.php contains information about how we collect and use personal information.

Terms of Purchase

If you purchase any goods or services through the Site, then your purchase is governed by our www.apexwaves.com/terms-conditions.php, and in that case, the Terms of Purchase will supersede these Terms.

User Accounts

If you create a user account on the Site, then you are responsible for all uses of your account and for all orders placed through your account. You must keep your login information confidential and may not re-use the login information that you use on the Site on any other website. If you believe that your login information has been compromised, please contact us immediately. (See the “Contact Us” section below.)

Ownership and Restrictions on Use

The Site is owned by us and by people and companies who have licensed their rights in certain content on the Site to us. We, and our licensors, reserve all rights to the Site. You may not duplicate, republish, translate, or publicly display the Site, in whole or in part, or use any sort of “bot” or automated means to scrape information or content from the Site without our consent.

In particular, you may not use the Site, or any information on the Site, to train artificial intelligence (“AI”) models or otherwise as input to an AI.

Disclaimers

The Site is intended for general information purposes only. We do not promise that the Site will function correctly, that it will be available at any particular time or that the information shown on the Site will be current, reliable, complete or correct. We do not promise that the Site will function on your computer or mobile device. Although we try to keep the Site free of security vulnerabilities, computer viruses, or other types of “malware,” we do not guarantee that the Site will be free of malware. THE SITE IS PROVIDED WITHOUT WARRANTY OF ANY KIND, AND WE DISCLAIM ALL IMPLIED WARRANTIES. IN PARTICULAR, WE DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT. WE DISCLAIM ALL LIABILITY ARISING FROM YOUR USE OF THE SITE.

Relationship to Manufacturers

We are not an authorized retailer, distributor, surplus dealer, affiliate or representative for any of the manufacturers whose products we sell. The trademarks and brand names shown on our website are the property of their respective owners and are used only in a “nominative” manner to identify the specific products that we sell.

Links to Third-Party Websites

The Site may contain links to material located at websites operated by third parties. We have no responsibility for the content of any material stored on those other websites and do not monitor any such material to be sure that it has not changed. You visit those websites at your own risk. In addition, we do not guarantee that any link to any external content will continue to work.

User-Submitted Material and Third-Party Content

The Site may provide the ability for visitors to the Site to leave reviews and other content or to upload links, photographs, videos or other files to the Site. We refer to this type of information as “Third-Party Content.” WE DISCLAIM ANY LIABILITY OR RESPONSIBILITY FOR ANY THIRD-PARTY CONTENT ON THE SITE.

If you submit Third-Party Content to the Site, then, by doing so, you warrant that you (a) have the right to provide such Third-Party Content to us, and (b) the Third-Party Content is not illegal, defamatory, obscene, scandalous. We may remove Third-Party Content at any time in our sole discretion.

Testimonials

The Site may contain testimonials by users of our products and/or services. As far as we know, these testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily represent the experience of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. In certain cases, we may have provided some monetary payment to users who provide testimonials in exchange for their allowing us to use their testimonial.

The testimonials on the Site may be edited by us before being posted.

Feedback

If you submit questions, proposals, comments, feedback, suggestions for revisions to the Site or suggestions for products or services which you believe we should offer (or improvements to products or services we do offer) (collectively, “Feedback”) then, by doing so, you are granting us a worldwide, perpetual and irrevocable license to use such Feedback (and to allow others to use Feedback) for any purposes and in any manner we choose without any compensation acknowledgment to you. Further, we do not promise to keep Feedback confidential.

Governing Law and Disputes

These Terms, and your use of the Site, are governed by North Carolina (USA) substantive law. If any dispute or claim arises in connection with your use of the Site, then you must bring such claim exclusively in the state and federal courts located in Raleigh, North Carolina.

Contact Us

If you wish to contact us for any reason related to these Terms or to the Site, please use the following contact information:

Apex Waves LLC
1624 Old Apex Rd
Cary, NC 27513
United States
sales@apexwaves.com
(800) 915-6216

Terms and Conditions of Purchase


Effective Date: November 21, 2023

These Terms and Conditions of Purchase (these “Terms”) describe the terms on which we sell products whether through our www.apexwaves.com website (the “Site”), in person, via phone or otherwise.

As used in these Terms:

“We,” “us” and “our” refer to Apex Waves LLC, a North Carolina limited liability company. “You” and “your” refer to you, the person purchasing goods and services from us. If you are purchasing those goods and services on behalf of your employer or some other third party, then “you” and “your” also refer to that employer or third party; and “Product” and “Products” refers to the products you purchase from us.

1. Shipping and Delivery

We offer the following shipping and delivery options:

Shipping:

  • Free Shipping: Free ground shipping is offered on all domestic orders via FedEx or UPS Ground.
  • Shipping Options: We offer worldwide shipping via UPS, FedEx, and DHL. We will ship via TNT if arranged by you.
  • Customer Pays Shipping: You will pay for any shipping other than domestic ground shipping. If desired, we can ship using your account number.
  • Tracking Information: You will receive tracking information via email once the order is shipped.
  • Cutoff Times: All orders quoted as "ships today" will ship the same day an order is placed if the order is received before 4 p.m. Eastern (US) Time.
  • Lead Times: If a quotation lists a lead time, then we will make commercially reasonable efforts to ship within that timeframe. If a quotation lists different lead times for different products, please use the longest lead time as your shipping expectation.
  • Blind Shipping: We will ship blind (drop ship) upon request and will ensure that the recipient in such cases does not receive a branded invoice or packing slip with our branding.

In-Store Pickup: In-store and curbside pickup is available for all purchases. Pickups are available during business hours. You must inform us before you arrive if you intend to pick up an order.

Shipping restrictions:

  • We only ship to countries permitted by the U.S. export control laws.
  • For international orders, orders are shipped only after full payment is received.
  • We do not ship to P.O. boxes.
  • Orders are shipped Monday through Friday during business hours, excluding holidays.

Other notes for international shipments:

  • We use the Manufacturer’s Import Export Information Tool which gives us the correct and most accurate classification information for exporting products into various countries. We use DHL’s international electronic filing system and prints three copies of this form to physically move with the shipment. This prevents clearance issues that regularly occur with importation to various international countries and helps to identify customs duties accurately for our customers.
  • For EU and UK consumers: Unless specifically noted, estimated delivery times reflect the earliest available delivery.
  • In cases where the shipping address on the order is domestic but the final destination of the package is international, Customers must inform us at the time of order if you will require our assistance in international customs and shipping documentation. Otherwise, we are only responsible to the point of delivery indicated in the order.
  • We try to provide all necessary customs documentation to ensure that there are no unnecessary delays with clearance or delivery. However, some international orders may be subject to various rules and restrictions and you may be subject to additional taxes and duties over which we have no control. If such cases apply, you are responsible for complying with the laws applicable to the country where Products are shipped and will be responsible for any such additional costs or taxes. We are not responsible for duties and taxes associated with the import of goods to our customers' respective countries. Additionally, we may require information such as your tax ID and customs broker for international shipments.

2. Warranty on Products

Limited Warranty

We warrant that all Products, when delivered to you, will be functional and without a material operational defect. If during the warranty period listed on our Site for a Product, that Product is found to be defective or to have been delivered in a damaged condition, we will, at our option, repair the Product, replace the Product or refund your purchase price for the Product. Our warranty will only be honored for items returned to Apex Waves that are defective due to normal use and wear.

THE LIMITED WARRANTY IS THE SOLE AND COMPLETE WARRANTY WE MAKE REGARDING THE PRODUCTS AND WE DISCLAIM ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO THE PRODUCTS. IN PARTICULAR, WE DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OUR PRODUCTS ARE GENERALLY USED AND/OR REFURBISHED AND DO NOT COME WITH A MANUFACTURER’S WARRANTY. THE LIMITED WARRANTY IS OUR SOLE OBLIGATION, AND YOUR SOLE RIGHT, WITH RESPECT TO ANY DEFECTIVE PRODUCT.

Products we sell may have older date codes or be an older series than what is currently available directly from the factory or authorized dealers. We make no representation as to whether a Product will or will not have firmware and, if it does have firmware, whether the firmware is the revision level that you need for your application. We also make no representations as to your ability or right to download or otherwise obtain firmware for the product or to install any such firmware on the product. It is your obligation to comply with the terms of any End-User License Agreement or similar document related to obtaining or installing firmware.

The limited warranty listed above does not apply to any Products that are sold “as-is.”

Exercising Warranty Rights

To take advantage of our limited warranty, you must contact us within the warranty period for the Product using the contact information listed below. Please fill out the Warranty Claims form at the following link for our team to review your request: www.apexwaves.com/support.php.

Shipping Costs and Timeframes

Product repairs/evaluations will be processed and returned within 3-4 weeks. We will notify you when your repair/replacement is ready to ship and will provide a tracking number for the return via email.

Please note that you will be responsible for all return shipping charges. We strongly recommend that you use a trackable method to send your return. We do not refund original shipping costs.

3. Warranty on Repairs

We offer repair services for many of the Products listed on the website. All repairs are subject to our limited repair warranty as described on your quotation. Please fill out the Repairs form at the following link so we can review your request: www.apexwaves.com/support.php.

4. Returns

If you order a Product by mistake or you discover, within 30 days of placing an order, that you no longer require an ordered Product, then we may, in our sole discretion accept a return of the Product in exchange for, at our option, a refund, store credit, or exchange for the correct product. A restocking fee of 25% will apply to all returns.

Returns will never be accepted for:

  • Products ordered more than 30 days before your contacting us about a return;
  • Products that are identified as non-refundable on our website or on our quotation; or
  • Built-to-order units.

Please fill out the Exchange & Returns form at the following link so we can review your request: www.apexwaves.com/support.php.

5. Refund Terms and Timeframes

If applicable, refunds will be issued only upon receipt and evaluation of warrantied items. We do not refund original shipping charges. Refunds may take fourteen (14) days to process. Returns made to a credit card will take 1-2 billing cycles to appear on your credit card statement, depending on your credit card company.

6. Important Notices

We are not an authorized dealer, authorized distributor, authorized surplus dealer, affiliate or representative for the original manufacturers of the Products we sell. Those manufacturers do not sanction or approve of our resale of their Products.

7. Contact Us

If you would like to start a warranty claim, make a request for a refund, or have any questions please contact us at:

Apex Waves LLC
1624 Old Apex Rd
Cary, NC 27513
United States
sales@apexwaves.com
(800) 915-6216

8. Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES. OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCTS OR SERVICES PURCHASED BY YOU.

9. Purchase Orders

If you issue us a purchase order to purchase any Products, then these Terms and the terms of any Quote that we provide which references these Terms will take precedence over the terms of the purchase order. In particular, any provision of the purchase order which requires us to indemnify you or any third party, which allows you to cancel an order once placed, which specifies any pricing not shown in our quotation or which otherwise shifts any risk or liability to us that we do not assume under these Terms, will be void and have no effect.

10. Miscellaneous

All sales of products and services are governed by the internal laws of the state of North Carolina, USA. The U.N. Convention for the International Sale of Goods shall not apply. Any dispute arising in connection with the Products, your purchase of the Products, or any other matter related to these Terms shall be heard exclusively in the state and federal courts located in Raleigh, North Carolina, USA. Any variation of these Terms may only be made in a writing executed by us.