Terms and Conditions

APEX Firearms and Defence [ApexFD] Terms and Conditions

Introduction

This website [Store] is operated by Military and Law Enforcement Equipment Pty Ltd, trading as Apex Firearms and Defence [ApexFD], and referred to in these Terms and Conditions [Terms] as “ApexFD”, “we”, “us” and “our”.

In using this Store, the purchaser, referred to in these Terms as “you”, “your”  and “purchaser”, agrees to accept these Terms.

General Conditions

We reserve the right to refuse the supply of products and services for any reason at any time. If we refuse to supply a product and service for which payment has been received, we will refund the full amount of the payment using the same payment method through which payment was received. We will attempt to contact you via the email address and/or phone number provided by you.

Pricing

Unless stated otherwise, all prices on our store are shown inclusive of Goods and Services Tax (GST).

Payments

Except where you have an approved credit account, payment for all products on our store are CBD (cleared funds before delivery). We accept payment through a range of methods including credit card, Paypal and direct EFT. Cash payment is available for pickup orders.

Errors and Omissions

Information published on our Store may contain technical inaccuracies or typographical errors. ApexFD makes no representations about the accuracy, completeness or suitability of this information. Consult vendor information for complete, accurate and up-to-date information.

All images are for illustrative purposes only. Actual product may differ.

Changes to our Store

Product, services, pricing, promotions and availability are subject to change without prior notice. Product or services may be discontinued at any time without prior notice.

Warranties

Warranties on new items are provided by the manufacturer in accordance with their terms and conditions.

Warranties on used items including firearms are three (3) months from the date on which the item was shipped to you or another firearms dealership. This warranty will be considered void if in the reasonable opinion of ApexFD, the failure or issue was caused by the improper use of the item, or its modification or repair by any party not authorised to perform such modification and repairs by ApexFD. Any freight or related costs for the return of items shall be at the expense of the purchases.

Limitation of Liability

We do not guarantee, represent or warrant that your use of our Store will be uninterrupted, timely, secure or error-free.

You expressly agree that your use of, or inability to use, the Store is at your sole risk.

The Store and all products and services delivered to you through the Store are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall ApexFD, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Store or any of the products or services procured through the Store, or for any other claim related in any way to your use of the Store or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Store or any content (or product) posted, transmitted, or otherwise made available via the Store, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless ApexFD, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our Store.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Store (or any part thereof).

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this site or in respect to the Store constitutes the entire agreement and understanding between you and us and govern your use of the Store, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Governing Law

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

Changes to these Terms

You can review the most current version of the Terms at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms 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 following the posting of any changes to these Terms constitutes acceptance of those changes.

Contact

Any questions about these Terms should be sent to ApexFD at custservice@apexfd.com.au or using the contact form on this website.