Terms of Service

1. Acceptance of Terms

By accessing, browsing, or using the Apex Container Group website (apexcontainergroup.com) and/or purchasing our products or services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"), as well as our Privacy Policy, Refund Policy, and Shipping & Delivery Policy, all of which are incorporated into these Terms by reference.

If you do not agree to any part of these Terms, you must immediately stop using our website and refrain from placing any orders. Continued use of the website after any changes to these Terms constitutes your acceptance of the revised Terms.

2. Company Information

These Terms are entered into between you ("Customer," "you," "your") and:

Apex Container Group
1522 Sarratoy St, Pfeifer, KS 67660, USA
Phone: +1 501-550-2221
Email: info@apexcontainergroup.com

References to "we," "us," "our," or "Apex" throughout these Terms refer to Apex Container Group.

3. Eligibility

To use our website and purchase our products, you must meet the following eligibility requirements:

• Age: You must be at least 18 years of age. By using our website or placing an order, you represent and warrant that you are 18 years or older.
• Legal Capacity: You must have the legal capacity to enter into a binding contract in your jurisdiction.
• Authorized Representative: If you are placing an order on behalf of a business, organization, or other entity, you represent that you have the authority to bind that entity to these Terms.
• Compliance: You must comply with all applicable local, state, national, and international laws and regulations when using our website and purchasing our products.

4. Use of Website

You agree to use our website only for lawful purposes and in accordance with these Terms. Specifically, you agree not to:

• Disrupt or Interfere: Use any device, software, or routine that interferes with the proper functioning of our website, servers, or networks.
• Unauthorized Access: Attempt to gain unauthorized access to any portion of the website, other accounts, computer systems, or networks connected to our servers.
• Scraping & Data Mining: Use automated tools, bots, scrapers, or crawlers to collect data from our website without our prior written consent.
• Malicious Activity: Transmit any viruses, malware, worms, trojan horses, or other harmful or disruptive code through our website.
• Impersonation: Impersonate any person or entity, or falsely represent your affiliation with any person or entity.
• Commercial Use: Reproduce, duplicate, copy, sell, or exploit any portion of our website for commercial purposes without our express written permission.
• False Information: Provide false, inaccurate, or misleading information when creating an account, placing an order, or contacting our team.

5. Account Registration

You may be required to create an account to place orders or access certain features of our website. When creating an account:

• Accurate Information: You must provide accurate, current, and complete information during registration and keep your account information updated.
• Account Security: You are responsible for maintaining the confidentiality of your account credentials (username and password) and for all activities that occur under your account.
• Unauthorized Access: You must notify us immediately at info@apexcontainergroup.com if you become aware of any unauthorized use of your account or any security breach.
• One Account Per Person: Each individual may create only one account. Creating multiple accounts for deceptive or fraudulent purposes is prohibited.

We reserve the right to suspend or terminate your account at any time if we reasonably believe you have violated these Terms or provided false information.

6. Products & Pricing

6.1 Product Descriptions

We strive to provide accurate product descriptions, specifications, photographs, and grading information for all containers listed on our website. However, we do not warrant that product descriptions or other content on our site are completely error-free, current, or exhaustive.

• Container Grading: Container conditions (New/One-Trip, Wind & Water Tight, Cargo Worthy, As-Is) are graded according to industry standards and described as accurately as possible. Minor cosmetic variations from photographs are normal for used containers.
• Photographs: Product images are representative of the container type and condition grade. For used containers, we provide actual photos of the specific unit wherever possible. Colors may vary slightly due to screen settings.
• Specifications: Dimensions, weights, and capacities listed are approximate and based on manufacturer specifications. Actual measurements may vary slightly.

6.2 Pricing

• Currency: All prices are listed in U.S. Dollars (USD) unless otherwise stated.
• Exclusions: Listed prices do not include delivery costs, applicable sales tax, or customs duties unless explicitly stated in the product listing.
• Price Changes: We reserve the right to change prices at any time without prior notice. However, price changes will not affect orders that have already been confirmed and paid for.
• Pricing Errors: In the event of a pricing error, we reserve the right to cancel the order and issue a full refund. We will notify you if this occurs and give you the option to proceed at the correct price.

7. Orders & Payment

7.1 Order Acceptance

By placing an order on our website or by phone, you are making an offer to purchase. All orders are subject to acceptance by Apex Container Group. We reserve the right to accept or decline any order for any reason, including but not limited to:

• Product unavailability or inventory discrepancies
• Pricing errors or system malfunctions
• Suspected fraudulent activity
• Inability to verify payment or customer identity
• Delivery restrictions to the specified address

An order is confirmed only when: (1) payment has been received and verified, and (2) an order confirmation email has been sent to you.

7.2 Payment Terms

Order Type	Payment Terms
Standard Containers	Full payment required at the time of order. Container dispatched upon payment confirmation.
Custom/Modified Containers	50% deposit to begin fabrication. Remaining 50% due upon completion and before delivery.
Bulk Orders (5+ units)	NET 30 payment terms available for approved business accounts. Credit application required.
Rental Orders	First month's rental plus security deposit due at signing. Monthly payments thereafter.

7.3 Accepted Payment Methods

• Credit/Debit Cards: Visa, Mastercard, American Express
• Digital Payments: PayPal, Stripe
• Bank Transfers: ACH (domestic), SWIFT wire transfer (international)
• Cash on Delivery: Available for select U.S. orders — contact us for eligibility
• Financing: Third-party financing through approved lending partners for qualified buyers

8. Shipping & Delivery

Shipping and delivery terms are governed by our separate Shipping & Delivery Policy, which is incorporated into these Terms by reference. Key points include:

• Coverage: We deliver to all 48 continental U.S. states and 27 EU member nations.
• Methods: Tilt-bed truck, flatbed with crane, or self-pickup from our depot locations.
• Timelines: U.S. delivery: 5–15 business days. EU delivery: 10–25 business days. Expedited options available.
• Site Preparation: The customer is responsible for ensuring the delivery site is accessible and prepared per our site preparation guidelines.
• Risk of Loss: Risk of loss transfers to the buyer upon successful delivery and placement of the container at the designated site.
• Transit Insurance: All containers are insured during transit by Apex Container Group.

Delivery dates are estimates, not guarantees. We are not liable for delays caused by weather, road conditions, port congestion, customs processing, or other circumstances beyond our control.

9. Intellectual Property

All content on the Apex Container Group website is the property of Apex Container Group and is protected by applicable intellectual property laws. This includes but is not limited to:

• Trademarks: The Apex Container Group name, logo, brand identity, and associated marks.
• Content: All text, product descriptions, articles, guides, and educational content.
• Visual Assets: Photographs, images, graphics, icons, illustrations, and video content.
• Design: Website layout, page design, user interface elements, and visual trade dress.
• Software: Source code, algorithms, databases, and software underlying the website.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any content from our website without our prior written consent, except for:

• Temporary caching by your web browser for personal viewing
• Printing individual pages for personal, non-commercial reference
• Sharing links to our website pages on social media (without modifying the content)

10. Disclaimers

10.1 Website "As Is"

Our website and all content, products, and services provided through it are offered on an "as is" and "as available" basis without any warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

10.2 No Guarantees

We do not guarantee that:

• The website will be available at all times without interruption or error
• The website will be free from viruses, malware, or other harmful components
• Information on the website is always accurate, complete, or current
• Any defects in the website will be corrected in a specific timeframe
• The results obtained from using the website will be accurate or reliable

10.3 Third-Party Content

Our website may contain links to third-party websites, content, or services. We do not control, endorse, or assume responsibility for any third-party content. Your interactions with third-party websites are governed by their own terms and policies.

11. Limitation of Liability

To the maximum extent permitted by applicable law:

In no event shall Apex Container Group, its officers, directors, employees, agents, or affiliates be liable for any:

• Indirect Damages: Including but not limited to lost profits, lost revenue, or loss of business opportunity
• Incidental Damages: Including costs incurred as a result of the loss of use of products or services
• Consequential Damages: Including damages arising from the use or inability to use our products or services
• Punitive Damages: Regardless of whether we have been advised of the possibility of such damages
• Third-Party Claims: Claims made against you by third parties as a result of your use of our products

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Apex Container Group, its officers, directors, employees, agents, affiliates, and successors from and against any and all claims, damages, losses, costs, liabilities, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of our website or purchase of our products and services
• Your violation of any provision of these Terms
• Your violation of any applicable law, regulation, or third-party right
• Any content or information you submit through our website
• Your modification, alteration, or misuse of any container purchased from us
• Any third-party claims arising from your use of containers purchased from us (including but not limited to property damage, personal injury, or building code violations)

13. Dispute Resolution

Any dispute, claim, or controversy arising from or relating to these Terms or your relationship with Apex Container Group shall be resolved through the following process:

Step 1 — Informal Resolution

Before initiating any formal proceedings, you agree to first contact us at info@apexcontainergroup.com or +1 501-550-2221 and attempt to resolve the dispute informally. Most concerns are resolved at this stage within 5–10 business days.

Step 2 — Mediation

If the dispute cannot be resolved informally within 30 days, either party may request non-binding mediation. The mediation shall be conducted by a mutually agreed-upon mediator in Ellis County, Kansas. Each party shall bear its own mediation costs; the mediator's fees shall be shared equally.

Step 3 — Binding Arbitration

If mediation fails, the dispute shall be submitted to binding arbitration in Ellis County, Kansas, under the rules of the American Arbitration Association (AAA). The arbitrator's decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction.

Exceptions

Notwithstanding the above, either party may seek injunctive or equitable relief in a court of competent jurisdiction for claims related to intellectual property infringement, unauthorized access, or fraud, without first going through informal resolution, mediation, or arbitration.

14. Governing Law

These Terms of Service and any dispute arising from or relating to them shall be governed by and construed in accordance with the laws of the State of Kansas, United States of America, without regard to its conflict of law principles.

To the extent that arbitration is not applicable, you consent to the exclusive jurisdiction of the state and federal courts located in Ellis County, Kansas for the resolution of any disputes.

15. Force Majeure

Apex Container Group shall not be liable for any failure or delay in performing any obligation under these Terms if such failure or delay results from circumstances beyond our reasonable control, including but not limited to:

• Natural disasters (earthquakes, hurricanes, floods, wildfires)
• Pandemics, epidemics, or public health emergencies
• Wars, acts of terrorism, civil unrest, or government sanctions
• Government orders, regulations, embargoes, or trade restrictions
• Port congestion, shipping lane disruptions, or carrier strikes
• Supply chain disruptions, raw material shortages, or manufacturing delays
• Power outages, internet disruptions, or telecommunications failures

In the event of a force majeure, we will notify you as soon as reasonably practicable and make commercially reasonable efforts to resume performance. If the force majeure event continues for more than 60 days, either party may terminate the affected order for a full refund.

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

17. Changes to These Terms

We reserve the right to modify, update, or replace these Terms of Service at any time at our sole discretion. When we make changes:

• Notice: The updated Terms will be posted on this page with a revised "Last Updated" date at the top.
• Material Changes: For significant changes that affect your rights or obligations, we will notify you via email (if you have an account) or through a prominent notice on our website at least 30 days before the changes take effect.
• Continued Use: Your continued use of our website or services after the updated Terms become effective constitutes your acceptance of the revised Terms.
• Disagreement: If you do not agree to the revised Terms, you must stop using our website and services. Any orders placed before the changes take effect will be governed by the Terms in effect at the time of purchase.

18. Entire Agreement & Contact

These Terms of Service, together with our Privacy Policy, Refund Policy, Shipping & Delivery Policy, and any other policies referenced herein, constitute the entire agreement between you and Apex Container Group regarding your use of our website and purchase of our products and services.

This agreement supersedes all prior agreements, understandings, representations, and warranties, whether written or oral, between you and Apex Container Group.