Terms and Conditions

2.1. Apex shall provide the Goods on the dates and at the times stipulated in an Order.

2.2. The scope of supply and the quantity of the Goods shall be also be as stipulated in an Order.

2.3. The Customer shall not be entitled to cancel or vary its order for the Goods without the prior written consent of Apex.

2.4. Apex shall extend to the Customer the benefit of any original manufacturer warranty which may have been given in respect of the Goods.

2.5. Apex's obligations shall be limited solely to the supply of goods and shall not extend to any form of collaboration, additional services or responsibilities, unless expressly stated in these Terms.

3.1. This clause 3 shall be applicable to transactions involving the sale and installation of inverter products from Apex.

3.2. Apex shall only perform and/or otherwise prepare for, the Installation Services when an official Order has been received by Apex.

3.3. The Installation Services may include, but is not limited to –

3.4. Apex will –

3.4.6. Apex requires a minimum of 5 (five) Business Days prior written notice of the site readiness.

3.4.7. The Customer shall, by means of pre-distributed works schedule and/or written confirmations, inform the relevant sales representative employed by Apex, that the site is ready for the Installation Services to commence.

3.4.8. If the Apex installation team arrives at site and it is not ready for work commencement, the relevant site project manager and sales representative will be informed immediately, and Apex reserves the right to remove any of its employees from the site if the Installation Services cannot proceed within 1 (one) hour of the Customer being notified.

3.4.9. If the Installation Services are to be conducted at a site which is sufficiently distant from Apex's Cape Town offices ("Remote Site/s"), which makes daily returns impossible or otherwise impractical, and accommodation has been arranged and booked, Apex reserves the right to institute cost recovery actions as per clause 3.4.10 below.

3.4.10. If the Installation Services are to be conducted at Remote Sites, and the planned installation dates requires an extension due to lack of site readiness or delays attributed to the Customer or any other third parties on the same site, Apex reserves the right to submit an "extra over" estimate to recover the additional days required to complete the Installation Services.

3.4.11. If an Order or written approval of estimate is not received within 24 (twenty-four) hours of submission by Apex, the relevant site project manager and sales representative will be informed, and Apex reserves the right to remove any of its employees from the site.

3.4.12. Should the Installation Services require additional time or otherwise be extended into overtime, wherever the site may be located, due to:

3.4.13. Apex reserves the right to submit an "extra over" invoice to the Customer, for the recovery of overtime labour costs incurred by Apex.

4.1. The price of any Goods supplied by Apex shall be the price more fully set out in an Order ("Purchase Price").

4.2. The Purchase Price shall be subject to any variations from time to time, in any third party costs such as rates of freight, insurance costs, customs duties, exchange rates, costs of materials, costs in manufacturing and other costs which are out of the control of Apex, irrespective of whether those variations occurred before or after the time of the Quote or Order.

4.3. Apex shall cause an invoice to be delivered to the Customer after the Goods have been dispatched or services rendered.

4.4. In the absence of any prior agreed payment terms between the parties, payment of the outstanding Invoice is payable without deduction or set-off within 30 days from the date of Invoice.

4.5. Payment of the Purchase Price shall be made in the currency stipulated in the Order by electronic funds transfer directly into a bank account nominated by Apex in writing, from time to time, free from deductions, set-off and any bank charges or other such charges and taxes.

4.6. Should the Customer fail to settle the outstanding amount within the prescribed time, Apex shall be entitled to charge interest at the rate of Prime plus 10% per annum on the overdue amount.

5.1. Any items purchased by the Customer from Apex are subject to the manufacturer's warranties. All other warranties either expressed or implied, including, but not limited to, any warranty that the goods are fit for a particular purpose even if such purpose is communicated to Apex, are expressly excluded.

5.2. Apex's liability for any breach of warranty shall be limited to and fully discharged when it supplies, free of charge, goods replacing those found to be defective, having regard to the use already or previously obtained from them. Apex's decision as to whether goods are defective or not shall be binding on all Parties.

5.3. Neither Apex nor any of its officers, employees, agents or distributors shall be liable for any loss or damage, whether direct, indirect, consequential or otherwise suffered by the Customer, its employees, family and invitees, arising from any cause in connection with the delivery, use or installation of the Goods.

6.1. If the performance of any party is prevented, restricted, or interfered with by reason of war, revolution, civil commotion, blockade, embargo, strikes, proclamation, regulation, demand, pandemic or epidemic, or requirement of any government or any authority of any such government, or any other act or circumstance of any nature whatsoever, which is beyond the reasonable control of and could not be foreseen or overcome by the party affected ("force majeure"), then the party so affected shall, after giving written notice to the other party, be excused from such performance to the extent of such prevention, restriction, or interference.

7.1. The law of the Republic of South Africa shall apply to any agreement or transaction between Apex and the Customer.

7.2. Any dispute arising from or in connection with an Order may, if it cannot first be settled through bona fide negotiations between the Parties, be referred and finally settled by arbitration in accordance with the arbitration rules of the Arbitration Foundation of Southern Africa.

7.3. The arbitration shall be held at Cape Town, South Africa and shall be conducted in the English language.