General conditions

1.1. Applicability

1. These general terms and conditions shall apply to all transactions and agreements of APEX Products V. hereinafter to be named “APEX”, to the exclusion of the general terms of the (customers/customer) other party, unless APEX has explicitly declared in writing to deviate from its terms.
2. The provisions herein will prevail in case of conflicting provisions with the general terms of the customer/other party, unless explicitly stated otherwise and confirmed in writing by APEX.
3. The terms and provisions of contained in the following Sections 2 through 4 shall take precedence over conflicting terms and provisions contained in the general conditions contained in this Section 1.
4. These general terms and conditions may be amended from time to time.

1.2. Alterations not permitted

The agreement with the customer and the general terms and conditions shall form the whole of the terms of the agreement between APEX and the customer and no variation thereof shall be of any effect whether prior to or subsequent to the date of the agreement unless expressed in writing and signed by an authorized officer of APEX and the customer.

1.3. Representation

1. APEX’s employees or agents are not authorized to make any representation concerning the services to be performed by APEX unless confirmed in writing by an authorized officer. In entering into an agreement, the customer acknowledges that it does not rely on and waives any claims for breach of any such representations, which are not confirmed.
2. Any advice or recommendation given by APEX’s employees to the customer or its employees or agents as to the services to be performed by APEX or any associated matters, which is not confirmed in writing by an authorized officer of APEX, is followed or acted upon entirely at the customer’s own risk and accordingly APEX shall not be liable for any such advice or recommendation which is not confirmed.

1.4. Termination

1. Should any payment due by the customer be outstanding for a period exceeding 30 days from the date of the invoice, APEX’s obligation under the agreement with the customer shall cease immediately and APEX will have the right to terminate the agreement with the customer immediately.
2. Without prejudice to any other remedy APEX may have against the customer for breach of non-observance of the agreement between parties, APEX shall have the right to terminate this agreement immediately and without notice, in the event, the customer materially defaults in the performance of any of his/her duties or obligations and/or in the event of the customer being declared bankrupt or being granted a suspension of payment or in the event of liquidation.
3. The termination of this agreement shall be without prejudice to any rights, claims, causes of action, or remedies that APEX may have against the customer, and shall not relieve the customer from any obligations which by their nature or description continue following the expiration or termination of this agreement or any other agreement between the parties.

1.5. Liability

1. In the event that a customer suffers damage or loss, due to willful misconduct or gross negligence of APEX or a person for whom APEX can be legally held responsible, the customer shall not be entitled to claim compensation exceeding the amount of the invoice value of the transaction.
2. The right to claim compensation for damages shall terminate after the lapse of one year after the occurrence of the damage or loss.
3. The Customer shall indemnify APEX and hold APEX harmless from and against any and all claims or third parties for compensation of damages, made after the lapse of one year after the occurrence of the damage or loss.

1.6. Force Majeure

1. APEX shall not be liable to the customer or be deemed to be in breach of the agreement by reason of any delay in performing or failing to perform, any of APEX‘s obligations in relation to agreement with the customer, if the delay or failure to perform is due to any cause beyond APEX’s control including but not limited to the following occurrences:
   • Act of God, explosion, flood, tempest, fire or accident,
   • War or threat of war, sabotage, insurrection, civil disturbance or requisition,
   • Acts, restrictions, regulations, laws, prohibitions or measures of any kind on the part of any government or parliament,
   • Strikes, lockouts or other industrial actions or trade disputes whether involving APEX’s employees or not,
   • Difficulties in obtaining labor, fuel, parts or machinery or failure or breakdown in machinery.
2. In case of force majeure, APEX shall inform the customer thereof as soon as possible, and APEX shall have the right to suspend the agreement or to terminate it in writing, without judicial intervention being necessary, and without the customer being entitled to any compensation for damages as a result.
3. In case APEX suspends the agreement because of temporary force majeure, the customer shall not have the right to claim dissolution of the agreement.

1.7. Payment

1. All payments in cash, maestro and credit cards shall be effected at APEX’s Sales offices. For bank transfers, delivery release will be granted only after funds have been received on APEX’s bank account.
2. All payment are cash or otherwise agreed upon by a credit The method of payment shall be indicated by APEX. In case of failure to pay on the due date of the invoice, the customer shall be in default immediately. In this case APEX shall have the right to claim 1,5% interest charges per month on overdue accounts, whereby part of a month shall be considered as a full month. All collection charges in and out of court shall be for client’s account and shall be 15% of the principal amount owed, with a minimum of AFL. 100.00.
3. If and when a credit has been granted to the customer, which granting is at the sole and complete discretion of APEX, payment shall be effected at APEX’s offices or a transfer can be made within terms of credit agreement.
4. APEX will not honor cash Difference or cancellations will be booked on customers account for future purchases.

1.8. Claims

1. All claims in connection with agreements shall have to be made in writing and no later than 30 days after conclusion of the performance, with specific mention of the nature and the basis of the claimed shortcomings. After expiration of this term the performance of the agreement shall be considered approved by the customer, and the customer shall have no right to any claim.
2. All claims in connection with invoices shall have to be made in writing not later than 30 days of the invoice date. After expiration of this term the invoice shall be considered approved by the customer, and the customer shall have no right to any claim.
3. Any claim by the customer with respect to the services rendered shall be deemed waived unless made in writing within seventy-two (72) hours from the time of service. APEX shall be given full opportunity to investigate any claim, but in no event shall APEX’s liability, including the liability for consequential damages, exceed the purchase price of the service against which the claim is made.

1.9. Access

The customer shall provide satisfactory access to APEX. For services beyond the curb line, the customer assumes all liability for the damage to sidewalks, curbs, gutters, drive ways, septic tanks, utility lines, turf or other property and agrees to indemnify APEX for all liability, loss and expenses incurred as a result of such delivery, including damage to APEX’s equipment and loss of time.

1.10. Miscellaneous

1. Any offer given by APEX is only valid for a 30 day period unless otherwise specified in offer letter.
2. In no way does APEX become a subcontractor under an agreement with a customer, APEX is solely a seller of materials and provider of services.
3. APEX shall not be required to modify its personnel policies or terms of any Union Contract to which it is or may become party.
4. When driving over public roads APEX assume no liability whatsoever for cables hanging lower than the measurements stipulated by the law.
5. Prices are subject to increase without prior notice and adjusted by any taxes imposed by the Government.
6. Any discounts provided by APEX is only valid if customer comply with payment terms specified in the credit and/or payment agreement.

1.11. Applicable law and jurisdiction

Aruban law governs the legal relationship between parties. All dispute out of or in connection with the agreement concluded with APEX shall be tried/settled by the Court in First instance of Aruba.

2. Terms & Conditions for Equipment related to the Supply of Concrete Products

2.1.  Delivery services of Ready-mix concrete and other concrete products.

1. The customer agrees to give APEX reasonable notice of the time and rate at which deliveries will be required. APEX agrees to make deliveries at the best rate within its ability, but shall not be liable for any loss, damage or delay, occasioned by strikes, labor difficulties, fires, accidents, breakdown, utilities failure, storm, war, delays of carrier, or by any other cause beyond APEX’s control.
2. The concrete becomes the property of the customer once Concrete ordered in excess of requirements cannot be returned for credit. APEX will not be held responsible for under or over ordering of concrete. We recommend you to check all area calculations at jobsite prior to confirming your order.
3. Unless otherwise mutuality agreed, each load of concrete is to be unloaded in its entirety at one designated construction-
4. The customer shall provide satisfactory access to APEX. For services beyond the curb line, the customer assumes all liability for the damage to sidewalks, curbs, gutters, drive ways, septic tanks, utility lines, turf or other property and agrees to indemnify APEX for all liability, loss and expenses incurred as a result of such delivery, including damage to APEX’s equipment and loss of time.
5. Prior to loading of the first truck the building-site must be ready for delivery of the concrete. If the building site is not ready, the APEX-truck will wait a maximum of ten (10) minutes p/m3. Used or not used concrete will be charged to the customer.
6. A maximum of ten (10) minutes per cubic meter will be allowed for the discharge of each load of concrete. If the discharge takes more than ten (10) minutes per cubic meter a surcharge per every extra 10 minutes is applicable. If APEX pump is at jobsite, a surcharge per every extra ten (10) minutes will be charged. Any extra m3 ordered in overtime and/or waiting time must be paid on the same day or next business day.
7. APEX will not be responsible for quality of the concrete if poured 2 hours after the truck leaves the plant nor placement of the concrete.
8. Products will not be unloaded at any site if for any reason the site is deemed unsafe for operation and/or APEX’s
9. With pours like ring beam, floor levels and sites that cannot be reached by the truck (e.g. behind a building), the rental of the required pump or crane are at the expense and risk of the customer.
10. Pours with small pump/line pump requires a special mix The customer must notify APEX of this when ordering concrete.
11. If pours are done with a pump from a third party, the concrete shall only leave the plant at the moment that APEX is notified that the pump is ready at the site.
12. The seal of the mixer truck must be controlled by the client a/o authorized contractor prior to pouring.
13. The delivery receipt has to be signed by the customer or his authorized representative with full name and signature.
14. Additional use of chemicals a/o water on site is at an additional charge.
15. The buyer needs to provide an area within their property to wash out the mixer truck after the concrete has been
16. Cancellation/rescheduling of concrete done on pouring date requires a minimum of 2 hour notice prior to concrete delivery is Failure to do so will result in all charges being applicable.
17. All orders must be delivered in the same year of purchase. All open/pending orders will be automatically cancelled at year end and funds will be posted into your account for future purchase. No cash refund granted.
18. All Sale orders must be delivered within 2 weeks of Sale date. Undelivered orders at year end will be cancelled and funds will be posted into your account for future purchases. No cash refund granted.

2.2. Quantity and Quality

1. The buyer is aware that APEX supplies different concrete qualities and standards. The buyer is solely responsible for determining the type, quality and quantity of Ready-mix concrete to be purchased and is sole responsible to see that the concrete is handled in accordance with best construction practices.
2. APEX meet the standards as required by the Department of Public Services (DOW), unless specified differently by the
3. The concrete standard ordered by the customer shall be delivered by APEX such that after twenty-eight (28) days of curing and provided that the concrete is properly applied in accordance with the standards of good workmanship, the concrete will, upon applying the proper testing methods, break at, or in excess of the minimum standard ordered.
4. APEX recommends not to add any additional water to the concrete on site. The customer assumes responsibility for the concrete quality whenever any water or other material is added to the concrete by the customer or at his request. The customer also assumes responsibility for the concrete quality whenever the discharge of concrete is not completed within two (2) hours of batching the truck. Furthermore it is the customer responsibility to apply/order the appropriate concrete mix and /or concrete products for the intended application.
5. Any exception or claim by the customer with respect to the concrete shall be deemed waived unless made in writing seventy-two (72) hours from the time of delivery. APEX shall be given full opportunity (max. 30 days) to investigate any exception or claim, but in no event shall APEX’s liability, including the liability for consequential damages, exceed the purchase price of the material against which claim is made.
6. The records of APEX on quantities batched and loaded at the concrete-plant by APEX shall serve as full legal evidence of the quantities of concrete delivered, such without prejudice to the right of the customer to prove otherwise.
7. Any legal claim on account of the quality of concrete or damages shall expire twelve months after the concrete was
8. Orders less than 3 m3 (three cubic meters) are subject to an additional
9. Additional m3 in excess of the original order and/or less than 3 m3 (three cubic meters) are subject to a surcharge and will be placed on the waiting list of that day.

2.3.  Prices

1. Prices quoted are for deliveries leaving APEX’s plant after 7:00 am and returning at APEX’s plant before 3:00 pm on weekdays. Deliveries at other hours or on a Saturdays, Sundays and holidays will be subject to a special arrangement.
2. In the event that the performance of the agreement is delayed at the customer’s request, or because of information or instructions not being given, or other circumstances to be imputed by customer, APEX shall also have the right to increase the price agreed on with additional costs incurred as a consequence thereof.
3. No cash refund granted.
4. Prices are subject to increase without prior notice and adjusted by any taxes imposed by the Government.

3.   Terms & Conditions for Equipment related to the Supply of Blocks and Pavers

3.1.  Delivery services of Block, Pavers and other Block related concrete products.

1. The customer agrees to give APEX reasonable notice of the time and rate at which deliveries will be required. APEX agrees to make deliveries at the best rate within its ability, but shall not be liable for any loss, damage or delay, occasioned by strikes, labor difficulties, fires, accidents, breakdown, utilities failure, storm, war, delays of carrier, or by any other cause beyond APEX’s control
2. The customer shall provide satisfactory access to APEX. For services beyond the curb line, the customer assumes all liability for the damage to sidewalks, curbs, gutters, drive ways, septic tanks, utility lines, turf or other property and agrees to indemnify APEX for all liability, loss and expenses incurred as a result of such delivery, including damage to APEX’s equipment and loss of time.
3. Products delivered inside the clients premises, remains the responsibility of the client. The client waves all claims to APEX Products and its employees for damages to his or her property that may result by allowing or requiring placement of product inside owner’s property.
4. Operators of block truck cranes are not permitted to deliver product over any obstacles which could potentially cause damage to the equipment or the client’s property. Obstacles include but are not limited to; electrical cables, trees, tall fencing, walls under construction (for example walls already at ring beam level).
5. Products will not be unloaded at any site if for any reason the site is deemed unsafe for operation of the crane and/or APEX’s employee.
6. Products may only be placed on second floor, in the case there is clear access to the second floor, and will only be placed on the border of the second floor.
7. Cancellation/rescheduling of order must be done in advance prior to loading of the truck at the plant, in order to avoid unnecessary delivery charges.
8. Return/Exchange of delivered products must be requested within 30 A transportation cost will apply for the return of products. Products must be inspected by APEX and must be in same condition as upon delivery before acceptance of return/exchange.
9. All orders must be delivered in the same year of purchase. All open/pending orders will be automatically cancelled at year end and funds will be posted into your account for future purchase.
10. All Sale orders must be delivered within 2 weeks of sale date. Undelivered orders at year end will be cancelled and funds will be posted into your account for future purchase. No cash refund granted.

3.2.  Quantity and Quality

1. APEX Products meet the standards as required by the Department of Public Services (DOW), unless specified differently by the customer.
2. Any exception or claim by the customer with respect to the quality of the product shall be deemed waived unless made in writing 3 months from the time of delivery. APEX shall be given full opportunity (max. 30 days) to investigate any exception or claim, but in no event shall APEX’s liability, including the liability for consequential damages, exceed the purchase price of the material against which claim is made.
3. Any claim of incorrect quantity of delivered product must be made to APEX upon delivery. APEX cannot be held responsible on quantity once the driver left the clients premises.
4. Our products are made of natural based products and therefor may have natural side effects like lime rash and color differences between the products.

3.3.  Prices

1. Prices quoted are for deliveries leaving APEX’s plant after 7:00 am and returning at APEX’s plant before 3:00 pm on weekdays. Deliveries at other hours or on Saturdays, Sundays and holidays will be subject to a special arrangement.
2. In the event that the performance of the agreement is delayed at the customer’s request, or because of information or instructions not being given, or other circumstances to be imputed by customer, APEX shall also have the right to increase the price agreed on with additional costs incurred as a consequence thereof.
3. No cash refund granted.
4. All sale on special discounted products are final.
5. Prices are subject to increase without prior notice and adjusted by any taxes imposed by the Government

4.   Terms & Conditions for Equipment related to the Supply of Aggregates

4.1.  Delivery services of Aggregates.

1. The customer agrees to give APEX reasonable notice of the time and rate at which deliveries will be required. APEX agrees to make deliveries at the best rate within its ability, but shall not be liable for any loss, damage or delay, occasioned by strikes, labor difficulties, fires, accidents, breakdown, utilities failure, storm, war, delays of carrier, or by any other cause beyond APEX’s control.
2. The customer shall provide satisfactory access to APEX. For services beyond the curb line, the customer assumes all liability for the damage to sidewalks, curbs, gutters, drive ways, septic tanks, utility lines, turf or other property and agrees to indemnify APEX for all liability, loss and expenses incurred as a result of such delivery, including damage to APEX’s equipment and loss of time.
3. Products delivered inside the clients premises, remains the responsibility of the client. The client waves all claims to APEX Concrete Products and its employees for damages to his or her property that may result by allowing or requiring placement of product inside owner’s property.
4. Products will not be unloaded at any site if for any reason the site is deemed unsafe for the equipment and/or APEX’s employee.
5. Cancellation/rescheduling of order must be done in advance prior to loading of the truck at the plant, in order to avoid unnecessary delivery charges.
6. The customer must sign off on the job order to confirm that what has been administrated by the Sales Clerk is according to what the customer has ordered.
7. Deliveries of aggregate materials are final.
8. All orders must be delivered in the same year of purchase. All open/pending orders will be automatically cancelled at year end and funds will be posted into your account for future purchase.
9. All Sale orders must be delivered within 2 weeks of sale date. Undelivered orders at year end will be cancelled and funds will be posted into your account for future purchase. No cash refund granted.

4.2.  Quantity and Quality

1. Any exception or claim by the customer with respect to the quality of the product shall be deemed waived unless made in writing seventy-two (72) hours from the time of delivery. APEX shall be given full opportunity (max. 30 days) to investigate any exception or claim, but in no event shall APEX’s liability, including the liability for consequential damages, exceed the purchase price of the material against which claim is made.
2. Any claim of incorrect quantity of delivered product must be made to APEX upon delivery. APEX cannot be held responsible on quantity once the driver left the clients premises.

4.3.  Prices

1. Prices quoted are for deliveries leaving APEX’s plant after 7:00 am and returning at APEX’s plant before 3:00 pm on weekdays. Deliveries at other hours or on a Saturdays, Sundays and holidays will be subject to a special arrangement.
2. In the event that the performance of the agreement is delayed at the customer’s request, or because of information or instructions not being given, or other circumstances to be imputed by customer, APEX shall also have the right to increase the price agreed on with additional costs incurred as a consequence thereof.
3. No cash refund granted.
4. Prices are subject to increase without prior notice and adjusted by any taxes imposed by the Government.

5.   Terms & Conditions for Equipment related to Cement Bags

5.1.  Delivery services of Cement Bags.

1. The customer agrees to give APEX reasonable notice of the time and rate at which deliveries will be required. APEX agrees to make deliveries at the best rate within its ability, but shall not be liable for any loss, damage or delay, occasioned by strikes, labor difficulties, fires, accidents, breakdowns, utilities failure, storm, war, delays of carrier, or by any other cause beyond APEX’s control.
2. The customer shall provide satisfactory access to APEX. For services beyond the curb line, the customer assumes all liability for the damage to sidewalks, curbs, gutters, drive ways, septic tanks, utility lines, turf or other property and agrees to indemnify APEX for all liability, loss and expenses incurred as a result of such delivery, including damage to APEX’s equipment and loss of time.
3. Products delivered inside the clients premises, remains the responsibility of the client. The client waves all claims to APEX Concrete Products and its employees for damages to his or her property that may result by allowing or requiring placement of product inside owner’s property.
4. Operators of the truck and forklift are not permitted to deliver product over any obstacles which could potentially cause damage to the equipment or the client’s property. Obstacles include but are not limited to; electrical cables, trees, tall fencing, walls under construction (for example walls already at ring beam level)
5. Products will not be unloaded at any site if for any reason the site is deemed unsafe for operation of the truck, forklift and/or APEX’s employee.
6. Products may only be placed on second floor, in the case there is clear access to the second floor, and will only be placed on the border of the second floor.
7. Cancellation/rescheduling of order must be done in advance prior to loading of the truck at the plant, in order to avoid unnecessary delivery charges.
8. Return/Exchange of delivered products must be requested within 24 hours. A transportation cost will apply for the return of Products must be inspected by APEX and must be in same condition as upon delivery before acceptance of return/exchange.
9. All orders must be delivered in the same year of purchase. All open/pending orders will be automatically cancelled at year end and funds will be posted into your account for future purchase. No cash refund granted.
10. All Sale orders must be delivered within 2 weeks of sale date. Undelivered orders at year end will be cancelled and funds will be posted into your account for future purchase. No cash refund granted.

5.2.  Quantity and Quality

1. APEX Products meet the standards as required by the Department of Public Services (DOW), unless specified differently by the customer.
2. Any exception or claim by the customer with respect to the quality of the product shall be deemed waived unless made in writing 1 months from the time of delivery. APEX shall be given full opportunity (max. 30 days) to investigate any exception or claim, but in no event shall APEX’s liability, including the liability for consequential damages, exceed the purchase price of the material against which claim is made.
3. Any claim of incorrect quantity of delivered product must be made to APEX upon delivery. APEX cannot be held responsible on quantity once the driver left the clients premises.
4. Our products are made of natural based products and therefor may have natural side effects like color differences between the products.

5.3.  Prices

1. Prices quoted are for deliveries from 8:00 am to 4:00 pm on weekdays.
2. Deliveries at other hours or on Saturdays, Sundays and holidays will be subject to a special arrangement.
3. In the event that the performance of the agreement is delayed at the customer’s request, or because of information or instructions not being given, or other circumstances to be imputed by customer, APEX shall also have the right to increase the price agreed on with additional costs incurred as a consequence thereof.
4. No cash refund granted.
5. All sale on special discounted products are final.
6. Prices are subject to increase without prior notice and adjusted by any taxes imposed by the Government.