Terms and Conditions

Terms & Conditions

General Terms & Conditions

These Terms and Conditions ("Terms") form part of the contract ("Agreement") between the entity operating this Apex Tyre Solutions store ("We" or "Us") and the customer ("You") that arises when we agree to sell products to you, or when You book and/or pay for our products or services.

You acknowledge that these Terms embody the whole agreement between You and Us. You agree that the scope and terms of purchase, including prices and quotes, may change as a result of products becoming unavailable or supplier cost changes while your order is being processed and that you will be notified and given the opportunity to make changes based on recommendations from us.

An agreement is accepted by you to

Quotation and Pricing

We have absolute discretion to refuse any offer.

All our quotations and prices are inclusive of GST unless stated otherwise.

We reserve the right to change a price and/or quotation upon receipt of updated instructions from you.

Returns and Refunds

Stock returned will incur a 20% restocking fee. No returns will be accepted after 7 days from the date of purchase.

No returns can be made if you have selected the wrong tyre or tyre size

You may return a product for a refund or exchange within 7 days with proof of purchase, subject to the restocking fee, except where the product: (a) is discontinued; (b) is not in resalable condition; (c) is a tyre or other product that has been fitted to your vehicle or rims/wheels; (d) is not in its original packaging; (e) has been damaged by either You or the fitting service you have selected

All returns are subject to inspection and approval by Apex Tyre Solutions before any refund or exchange is processed.

Variations and Cancellations

Any request by You to vary the specifications of products supplied or services rendered must be in writing, and may be refused by Us in our absolute discretion, acting reasonably.

We reserve the right to vary the specifications of products supplied or services rendered, provided that the end performance of the vehicle is not materially prejudiced.

Unless otherwise agreed in writing by Us, You may not cancel this Agreement (or any part of this Agreement) unless You pay to Us, any and all costs incurred by Us in relation to your cancelled order up until and including the date of cancellation.

If we are unable to supply the products or services, We may cancel your order.

All fitting services are to be outsourced to selected tyre fitting locations and that all corresponding fees be covered by You

Payment

We reserve the right to require payment in full before the supply of the products and/or completion of the services.

All payments made by You to Us in connection with this Agreement must be paid by credit card or bank transfer and any fees accompanying these services are covered by You.

Performance and Delivery

Any date provided by Us for the supply of products is an estimate only. If We cannot supply products by an estimated date, We will endeavour to supply products within a reasonable time.

We will not be liable for any loss or damage suffered by You or any third party for failure to supply products by an estimated date.

Unless otherwise agreed, You must collect the product within 7 days of being advised that the products are ready for collection. If You fail to collect the products within the timeframe specified, You will be liable for any storage charges incurred by Us, payable on demand.

Title and Risk

Legal and equitable ownership of, and title to, the products, remains with Us until You have paid Us for the products and/or services in full. Until such payment is made, You acknowledge that the products are held by You as bailee for Us and that a fiduciary relationship exists between You and Us in relation to the products.

If You sell, transfer or otherwise dispose of the products ("Re-supply") to any person before ownership of, and title to, the products passes to You, whether or not with our consent, You hold the proceeds of the Re-supply on trust for Us and will pay the proceeds the Re-Supply to Us upon receipt.

Risk in the products passes to You immediately upon removal of the products by You or an authorised third party from our premises.

Liability and Disclaimers

To the maximum extent permitted by law, We expressly exclude all guarantees, warranties, undertakings, or representations expressed or implied, whether arising by statute or otherwise, which are not given in these Terms.

Certain State and Commonwealth legislation, including the Competition and Consumer Act 2010 (Cth), imply warranties or conditions or impose guarantees or obligations which cannot be excluded, restricted or modified except to a limited extent. These Terms do not purport to exclude any statutory rights available to You and must in all cases be read subject to those statutory provisions. To the maximum extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded is restricted, at our option, to: (a) in the case of services rendered or offered by Us, either: (i) the re-supply of those services; or (ii) the payment of the cost of having those services re-rendered; and (b) in the case of products supplied or offered by Us, either: (i) the replacement of the products or the supply of equivalent products; (ii) the repair of the products; (iii) the payment of the cost of having the products replaced; or (iv) the payment of the cost of having the products repaired.

We will not be liable to You or any third party in respect of any claim for injury, death, loss or damage to any person or property caused by or arising out of the use of products supplied by Us, or out of any services rendered by Us, whether arising in contract, tort (including negligence) or statute, except to the extent that liability is imposed upon Us or implied into a transaction by this Agreement or by any statutory provisions that cannot otherwise be excluded by this Agreement.

We take no responsibility for, nor will be liable in any case for any claim arising from, the presence of pre-existing damage to your product

Without limiting any other provision in these Terms, to the extent permitted by Law, in no event will our liability exceed the amount of the price paid by You for the relevant products and/or services.

Warranties and Indemnity

You will have personal liability for, and hereby irrevocably indemnify and covenant to hold Us harmless from and against any and all losses that may be suffered by Us and which arise directly or indirectly: (a) in relation to Us properly carrying out our obligations in accordance with this Agreement; and (b) in connection with any breach of this Agreement by You.

Each indemnity contained in these Terms is an additional, separate, independent and continuing obligation that survives the termination of this Agreement despite any settlement of account or other occurrence and remains in full force and effect until all money owing, contingently or otherwise, under the relevant indemnity has been paid in full and no one indemnity limits the generality of any other indemnity.

Privacy

We collect your personal information in order to supply You with products and services and for internal administration and operational purposes, market and customer satisfaction research and in order to comply with legislative and regulatory requirements. If You do not provide your personal information, We may not be able to supply You with products and services.

We, and our agents, may use your personal information and disclose it to related bodies corporate and third parties in order to inform You about products and services, special offers and discounts provided by Us, our related bodies corporate and third parties that may be of interest to You.

If at any time you wish to withdraw your consent to any one or more of the above purposes, would like to access your personal information, please contact Us.

General

If a provision in this Agreement is wholly or partly void, illegal or unenforceable in any relevant jurisdiction, that provision or part must, to that extent, be treated as deleted from this Agreement for the purposes of that jurisdiction. This does not affect the validity or enforceability of the remainder of the provision or any other provision of this Agreement.

No failure, delay, relaxation or indulgence by Us in exercising any power or right conferred upon Us under this Agreement will operate as a waiver of that power or right. No single or partial exercise of any power or right precludes any other or future exercise of it, or the exercise of any other power or right under this Agreement.

These Terms may be amended from time to time by Us, without further notice to You.

These Terms are governed and interpreted according to the laws of the relevant state or territory in which Apex Tyre Solutions operates and You consent and submit to the jurisdiction of the Courts of that state or territory.

Additional E-Commerce Terms & Conditions (where applicable)

These are the terms and conditions (Terms and Conditions) governing the use of apextyresolutions.com (also referred to as the Site). Please read these Terms and Conditions carefully before using this Site. By using the Site, you agree to the Terms and Conditions.

These Terms and Conditions apply to all Users of the Site unless the Terms and Conditions specify otherwise. The Terms and Conditions published at the time of your use of the Site shall apply to you.

Apex Tyre Solutions reserves all rights to alter these Terms and Conditions as set out below from time to time and at its discretion. Each time you use the Site, you should be aware of our current Terms and Conditions.

Last updated: 09/05/2025