Apex Engineered
Terms of Service & Terms of Sale
and Privacy Policy

Effective Date: February 26, 2026
Last Updated: February 26, 2026

Contact

Email: info.apexengineered@gmail.com
Phone: (855) 922-9966
Mail: 5214 North 124th Street, Milwaukee, WI 53225

This document is provided for customer-facing policy transparency and operational consistency. Update the bold placeholders if you change your processes or implement additional privacy controls.

Contents

1. Terms of Service & Terms of Sale
2. Privacy Policy

1) Terms of Service & Terms of Sale

Effective Date: February 26, 2026
Last Updated: February 26, 2026

These Terms of Service & Terms of Sale (the “Terms”) govern (1) your access to and use of the Apex Engineered website (the “Site”) and (2) purchases of products sold by Apex Engineered (“Apex,” “we,” “us,” or “our”). By accessing the Site or placing an order, you agree to these Terms and acknowledge that you have read and agree to the Arbitration and Class Action Waiver provisions in Part D. If you do not agree, do not use the Site or purchase products.

PART A – Terms of Sale (Orders)

1. Who We Are

Apex Engineered sells aftermarket automotive suspension and related products to consumers and businesses.

2. Eligibility

You must be able to form a legally binding contract to use the Site and purchase products. The Site is not directed to children.

3. Changes to These Terms

We may update these Terms from time to time. The “Last Updated” date reflects the latest version. Material changes will be posted on the Site.

4. Orders, Pricing, and Acceptance

• Product information: We try to provide accurate descriptions, fitment notes, and pricing, but errors may occur.
• Order acceptance: Your order is an offer to buy. We accept your order when we (a) ship the product, or (b) confirm acceptance by email.
• Pricing errors: If a product is listed at an incorrect price, we may cancel the order and refund amounts paid.
• Quantity limits / fraud: We may limit quantities, cancel orders, or require additional verification to prevent fraud or abuse.

5. Payments, Taxes, and International Fees

• Payment methods: We accept payment methods shown at checkout.
• Authorization: By submitting payment, you authorize us (and our payment processors) to charge your payment method for your order total, including applicable taxes and shipping.
• Taxes: We collect sales tax (or similar taxes) where required based on your delivery location.
• International duties/VAT: For international orders, you are responsible for customs duties, import taxes, VAT/GST, brokerage fees, and other government charges unless checkout explicitly states otherwise.

6. Shipping, Delivery, and Risk of Loss

• Estimates: Shipping and delivery dates are estimates, not guarantees.
• Address accuracy: You are responsible for providing accurate delivery information.
• Risk of loss: Risk of loss transfers to you when the carrier shows the package as delivered to the address provided (unless your jurisdiction requires otherwise).
• Damage / missing / wrong item claims: Notify us within 72 hours of delivery and provide photos and packaging documentation as requested so we can assist with carrier claims and resolution.
• Signature required: We may require signature confirmation for certain shipments.

7. Returns & Exchanges (30 Days; Refund OR Store Credit)

• Return window: Eligible items may be returned within 30 days of delivery.
• Return eligibility: Returned items must be unused, uninstalled, unmodified, in original packaging with all included parts/hardware, and free of damage or signs of installation/use, and not excluded below.
• RMA required: Returns require prior authorization (RMA). Email info.apexengineered@gmail.com with your order number to request an RMA and instructions.
• Return outcomes: You may choose either (a) a refund to the original payment method, or (b) store credit. Original shipping charges are non-refundable.
• Restocking fee: A restocking fee of 25% applies for returns that are not due to our error or a verified defect (for example: change of mind, incorrect item selected by customer, or ordering for test fit).
• Non-returnable items: Custom/made-to-order products once production begins; items marked Final Sale; items that have been installed/modified/welded/cut/drilled/painted/powder-coated; items returned missing required components/hardware or without original packaging when packaging is required.
• Defective / wrong item: If we shipped the wrong item or an item arrives defective, we will work with you on repair, replacement, or refund after verification.
• Return shipping: Customer pays return shipping unless the return is due to our error or a verified defect.
• Return address: 5214 North 124th Street, Milwaukee, WI 53225 (use the RMA instructions for attention line and packaging requirements).

8. Cancellations & Special Orders

• In-stock orders: Cancellations are only possible before shipment.
• Custom/special orders: Require payment in full and are not cancellable once production begins. If you cancel after production starts, you may forfeit some or all amounts paid to cover committed materials and labor (except where prohibited by law).

9. Chargebacks and Dispute Process (Contact Us First)

If you have an issue with an order, contact us first so we can help resolve it. Improper chargebacks may delay resolution while we investigate with payment processors and carriers.

PART B – Product Terms (Safety / Warranty / Liability)

10. Aftermarket Products; Safety; Compliance; Not DOT Approved

• Our products are aftermarket performance parts and can affect vehicle handling, braking, suspension geometry, and safety.
• Not DOT/FMVSS certified: Unless explicitly stated in writing for a specific product, our products are not certified or approved for compliance with DOT/NHTSA standards or U.S. Federal Motor Vehicle Safety Standards (FMVSS), and may not be legal for use on public roads in some jurisdictions.
• Customer responsibility: You are responsible for verifying legality, suitability, and safe use for your vehicle and intended use in your jurisdiction.
• Professional installation strongly recommended: Improper installation, misuse, or poor maintenance can cause component failure, property damage, serious injury, or death.
• Assumption of risk: To the maximum extent permitted by law, you assume all risks arising from selection, installation, and use of aftermarket parts.

11. Fitment Responsibility

Vehicle fitment can vary due to model-year differences, prior modifications, collision history, manufacturing tolerances, and wear. You are responsible for confirming compatibility before purchase and ensuring proper installation.

12. Limited Warranty (Product-Specific)

• Coilovers – 2-year limited warranty: Apex-branded coilover kits include a two (2) year limited warranty covering defects in materials and workmanship under normal intended use, starting from the delivery date (the “Coilover Warranty”).
• Exclusions: Normal wear, improper installation, misuse, racing/competition damage, impacts/accidents, corrosion from environment/chemicals, modification, and use inconsistent with instructions.
• Claim process: Email info.apexengineered@gmail.com with your order number, photos, and a description of the issue. We may require inspection and/or return of the product.
• Remedies: Remedies are limited to repair, replacement, or refund at our option, subject to law.
• All other products: Unless a written warranty is explicitly stated for a specific product, products are sold without an express warranty beyond what is required by law.

13. Disclaimer of Implied Warranties

To the maximum extent permitted by law, we disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow certain disclaimers, so some of these may not apply to you.

14. Limitation of Liability

• To the maximum extent permitted by law, Apex will not be liable for indirect, incidental, special, consequential, or punitive damages.
• To the maximum extent permitted by law, Apex’s total liability for any claim related to a product order will not exceed the amount you paid for the product(s) giving rise to the claim.
• Some jurisdictions do not allow certain limitations; in those places, limitations apply only to the extent permitted.

15. Indemnification

You agree to indemnify and hold Apex harmless from claims arising from your misuse of the Site, violation of these Terms, or improper installation/use of products, to the extent permitted by law.

PART C – Site Terms (IP / User Content)

16. Intellectual Property

The Site and its content (text, photos, videos, graphics, logos, and designs) are owned by Apex or licensors and are protected by law. You may not copy, reproduce, distribute, or create derivative works without written permission.

17. Reviews and User Content

If you submit reviews or content, you grant Apex a worldwide, royalty-free license to use it for business purposes (for example: marketing and product pages), and you represent you have the right to post it.

18. Prohibited Uses

You may not misuse the Site, including attempting unauthorized access, scraping, interfering with security, distributing malware, or using the Site for unlawful purposes.

19. Third-Party Links

The Site may link to third-party sites/services. We are not responsible for them.

PART D – Disputes; Arbitration; Class Action Waiver (U.S. Customers)

20. Agreement to Arbitrate (U.S. Customers)

Please read this section carefully. It affects your legal rights, including your right to sue in court and to have a jury trial.

If you are a U.S. resident (or you purchase/receive products in the United States), you and Apex agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, any order, or any product (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except as expressly stated below. This arbitration agreement is made under and will be governed by the Federal Arbitration Act (FAA).

21. Informal Resolution Required First

• Before starting arbitration, you agree to first contact us and attempt to resolve the Dispute informally.
• Notice of Dispute: Send written notice to info.apexengineered@gmail.com with subject “Notice of Dispute” and include (a) your name and order number, (b) a description of the Dispute, (c) what you want, and (d) supporting documents/photos if applicable.
• We will respond within 30 days (or sooner).
• If we cannot resolve within 60 days after we receive your Notice of Dispute, either party may start arbitration.
• This informal process is required and is a condition precedent to arbitration (unless prohibited by law).

22. Small Claims Court Carve-Out

Either party may bring an individual claim in small claims court in the county where you live or where Apex is located if the claim qualifies and remains in small claims court. If it is transferred or appealed to a court of general jurisdiction, it must proceed in arbitration unless an exception applies.

23. Arbitration Administrator and Rules

• Arbitration will be administered by the American Arbitration Association (AAA).
• AAA Consumer Arbitration Rules apply if you are an individual consumer.
• AAA Commercial Arbitration Rules apply if you are purchasing primarily for business/commercial purposes.
• The rules will be those in effect when arbitration is filed, unless the parties agree otherwise.

24. Arbitration Location and Format

• Arbitration may be conducted by video, phone, written submissions, or in person, as determined by the arbitrator and consistent with the applicable rules.
• If an in-person hearing is required, it will take place in Milwaukee County, Wisconsin, unless the arbitrator determines a different location is required by the rules or applicable law.

25. Individual Claims Only; Class Action Waiver

You and Apex agree that Disputes must be brought only in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims or preside over any form of class or representative proceeding.

26. Jury Trial Waiver

If for any reason a Dispute proceeds in court rather than arbitration, you and Apex each waive any right to a jury trial to the maximum extent permitted by law.

27. Arbitration Fees and Costs

• Payment of arbitration fees will be governed by the applicable AAA rules.
• For consumer claims, Apex will pay AAA filing and arbitrator fees beyond any amount you would be required to pay under the AAA Consumer Rules, unless the arbitrator determines your claim is frivolous or brought for an improper purpose.
• Each party will bear its own attorney’s fees and costs unless the arbitrator awards fees under applicable law.

28. Arbitrator Authority; Remedies

The arbitrator may award any relief allowed by applicable law and consistent with these Terms, but may not award relief on a class/representative basis. The arbitrator must follow applicable law and these Terms. The arbitrator’s decision will be final and binding, and judgment may be entered in any court with jurisdiction.

29. Time Limit to Bring Claims (1 Year; Excludes Personal Injury)

To the maximum extent permitted by law, any claim or dispute arising out of or relating to the Site, these Terms, your order, billing, delivery issues, or customer service interactions (excluding claims for personal injury) must be filed within one (1) year after the claim arises; otherwise, it is permanently barred. This section does not limit any claim period that cannot be shortened under applicable law.

30. Mass Arbitration / Batch Proceedings

If 25 or more similar arbitration demands are filed against Apex by the same or coordinated counsel or are otherwise coordinated (“Mass Filing”), the parties agree: (1) the parties will select 10 cases to proceed first as bellwethers; (2) remaining cases will be stayed while the bellwethers proceed; and (3) after bellwethers conclude, the parties will engage in good-faith settlement talks for the remaining cases. If the administrator’s rules require a different process, those rules will control to the extent they conflict.

31. Opt-Out Right (30 Days)

You can opt out of this arbitration agreement within 30 days of (a) your first purchase from us after these Terms take effect or (b) your first use of the Site after these Terms take effect, whichever occurs first, by emailing info.apexengineered@gmail.com with the subject “Arbitration Opt-Out” and including your name, address, and order number (if applicable). Opting out will not affect any other provisions of these Terms.

32. International / Mandatory Consumer Rights Carve-Out (Non-U.S.)

If you are not a U.S. resident (or your purchase is delivered outside the U.S.), this arbitration section applies only to the extent permitted by the mandatory laws of your country of residence. Nothing in these Terms limits your non-waivable consumer rights.

33. Severability

If any part of this arbitration agreement is found unenforceable, the remainder will remain in effect. If the class action waiver is found unenforceable, then (a) the class waiver will be severed, and (b) any class/representative claims must proceed in court (not arbitration), unless prohibited by law.

PART E – General

34. Notices and Electronic Communications

You agree we may communicate electronically (email) regarding your orders and updates.

35. Entire Agreement; Severability; Assignment

These Terms (plus referenced policies) are the entire agreement regarding Site use and orders. If a provision is unenforceable, the rest remains in effect. We may assign these Terms; you may not without our consent.

36. Contact

Email: info.apexengineered@gmail.com
Phone: (855) 922-9966
Mail: 5214 North 124th Street, Milwaukee, WI 53225

2) Privacy Policy

Effective Date: February 26, 2026
Last Updated: February 26, 2026

This Privacy Policy explains how Apex Engineered (“Apex,” “we,” “us”) collects, uses, shares, and protects information when you use our website, place orders, or contact support.

1. Information We Collect

A. Information you provide

• Name, email, phone
• Shipping/billing address
• Order details and communications
• Reviews/content you submit

B. Payment information

Payments are processed by third-party processors. We generally receive limited payment-related data (for example: confirmation and tokenized identifiers), not full card numbers.

C. Automatically collected information

• IP address, device/browser type, approximate location derived from IP
• Pages viewed, clicks, referring/exit URLs
• Cookies and similar technologies (see Section 5)

2. How We Use Information

• Fulfill orders, shipping, and customer support
• Prevent fraud and secure our services
• Improve site performance and analytics
• Send transactional communications (order confirmations, shipping updates, support)
• Conduct marketing (where permitted) and request reviews
• Run advertising measurement and retargeting (for example: Meta/Google)
• Comply with legal obligations (tax/accounting and lawful requests)

3. How We Share Information

• Service providers (payment processors, shipping carriers, email/SMS tools, hosting, analytics, customer support) to operate our business
• Advertising and analytics partners (including Meta and Google) for performance measurement and retargeting/ads where enabled
• Legal/safety disclosures (to comply with law or protect rights and prevent fraud)
• Business transfers (merger/acquisition/sale of assets)

4. Your Rights and Choices

Depending on where you live, you may have rights to access, correct, delete, obtain a copy, or opt out of targeted advertising / sale / sharing.

To submit a privacy request: Email info.apexengineered@gmail.com with subject Privacy Request and include the email used to place your order (and order number if available). We will respond within the timeframe required by applicable law.

5. Cookies, Ads, and Tracking Controls

We use cookies and similar technologies for essential site functions (cart/checkout), analytics/performance, and advertising/retargeting (Meta/Google), where enabled.

6. Do Not Sell or Share (Targeted Advertising Opt-Out)

We do not sell personal information for money in the traditional sense. However, some privacy laws treat certain disclosures to advertising partners for cross-context behavioral advertising as “sharing.”

7. Data Retention

We keep information as long as necessary to fulfill orders, provide support, maintain required business/tax records, and enforce agreements.

Order/tax record retention period: 5 Years

Support email retention period: 5 Years

8. Security

We use reasonable administrative, technical, and physical safeguards. No online transmission or storage is 100% secure.

9. Children’s Privacy

Our site is not directed to children under 13, and we do not knowingly collect their personal information. If you believe a child provided personal information, contact us and we will delete it.

10. Changes to This Policy

We may update this Privacy Policy and will post changes with an updated “Last Updated” date.

11. Contact

Email: info.apexengineered@gmail.com
Phone: (855) 922-9966
Mail: 5214 North 124th Street, Milwaukee, WI 53225