Terms & Conditions

Effective Date: 03.26.2026

Welcome to Apex Conex

Thank you for choosing Apex Conex Inc. (“Apex Conex,” “we,” “us,” or “our”). We’re glad you’re here.

Apex Conex is a proud business built on trust, hard work, and straightforward service. We’ve earned our reputation by being reliable, honest, and easy to work with, and we plan to keep it that way.

Our goal is simple: to provide quality shipping containers backed by service that’s just as solid. Whether you’re buying your first container or your tenth, we’re here to make your experience clear, straightforward, and as smooth as possible from start to finish.

Before placing an order, please take a moment to review these Terms and Conditions. We have kept them as clear and transparent as possible, so you know what to expect when doing business with Apex Conex.

By placing an order, submitting payment, signing an order or purchase document, electronically accepting an order, or accepting delivery or pickup of a shipping container from Apex Conex, you acknowledge that you have had an opportunity to review these Terms and Conditions and agree to be bound by them, together with the terms stated on your applicable invoice, order confirmation, purchase agreement, or other written agreement with Apex Conex.

If you have questions about your order or these Terms and Conditions, please contact our team before placing your order. We are always happy to clarify questions, so you understand the terms of your purchase.

1. GENERAL TERMS

1.1 Applicability

These Terms and Conditions govern purchases of shipping containers and related delivery, pickup, return, warranty, payment, and support services provided by Apex Conex.

Additional terms may appear on a customer's invoice, order confirmation, purchase agreement, delivery documentation, or other written agreement.

1.2 Customer Acceptance

A customer accepts these Terms and Conditions by doing any of the following:

• Placing an order
• Submitting payment
• Signing an invoice, purchase agreement, or order document
• Electronically accepting an order
• Authorizing payment
• Requesting or accepting delivery
• Accepting pickup or release of a container
• Taking possession of or using the container.

1.3 Order of Precedence

If there is a conflict between these Terms and Conditions and a customer's specific written order documentation, the following order of precedence will apply:

• A separate written agreement signed or expressly authorized by Apex Conex
• Specific written terms expressly stated on the customer's invoice or order confirmation
• These Terms and Conditions
• General descriptions, photographs, advertisements, website content, social media content, or other marketing materials

A general statement, photograph, advertisement, or verbal representation does not modify a specific written specification unless an authorized representative of Apex Conex expressly confirms the modification in writing.

1.4 Electronic Communications and Records

The customer agrees that Apex Conex may communicate regarding the customer's order by email, telephone, text message, electronic messaging, or other reasonable communication methods.

Electronic communications, electronic signatures, payment authorizations, order confirmations, and electronically submitted forms may constitute written documentation to the extent permitted by applicable law.

1.5 Authorized Representatives

Only an authorized representative of Apex Conex may modify, waive, expand, or otherwise alter these Terms and Conditions, an express warranty, or a customer's written order terms.

Statements made by delivery drivers, independent contractors, transportation providers, sales representatives, employees, or other persons who are not authorized to modify company terms do not modify these Terms and Conditions unless Apex Conex expressly confirms the modification in writing.

2. DESCRIPTION AND CONDITION OF CONTAINERS

Apex Conex offers two primary types of shipping containers:

• Used Containers
• One Trip Containers

The container type, size, condition, and any expressly agreed special specifications will be identified on the customer's invoice, order confirmation, or other applicable purchase documentation.

2.1 Industrial Equipment

Shipping containers sold by Apex Conex are industrial cargo equipment manufactured and previously handled, transported, stored, and/or used for commercial shipping purposes.

Shipping containers are not manufactured or sold as finished residential structures unless expressly stated otherwise in writing.

Even One Trip containers may have been handled, transported, loaded, unloaded, stored, and exposed to ordinary shipping and storage conditions.

2.2 One Trip Containers

A One Trip container is generally manufactured for international ocean transportation and has typically completed one primary ocean voyage before being placed into depot or storage inventory.

The designation “One Trip” describes the container's shipping history. It does not mean the container is unused, untouched, brand new, or free from cosmetic imperfections.

One Trip containers may have:

• Minor scratches
• Scuffs
• Handling marks
• Paint variations
• Surface imperfections
• Minor dents
• Other cosmetic signs associated with transportation, handling, storage, and normal use

Such ordinary cosmetic variations do not constitute a defect or grounds for rejection, cancellation, refund, or chargeback when the container otherwise conforms to the agreed specifications and condition of sale.

2.3 Used Containers

Used containers have previously been utilized in commercial shipping or other service and will naturally show varying degrees of wear and use.

Depending upon the individual container, used containers may exhibit:

• Surface rust
• Dents
• Dings
• Scratches
• Faded or mismatched paint
• Patches
• Welds
• Previous markings
• Logos
• Decals
• Floor wear
• Other cosmetic or functional characteristics associated with prior use

Used container condition may vary from one container to another.

Photographs, descriptions, or examples of used containers are intended to provide a general representation of the type and condition of inventory offered and do not guarantee that the exact container delivered will have identical cosmetic characteristics.

2.4 Condition at Time of Sale

Unless a different condition or specification is expressly stated in writing on the customer's invoice, order confirmation, or applicable purchase agreement, the container will be provided according to the type and general condition represented by Apex Conex at the time of sale.

The specific container type, size, condition, and expressly agreed special specifications stated in the customer's written purchase documentation control over general descriptions, photographs, advertisements, or examples appearing elsewhere.

2.5 Cosmetic Condition

Minor cosmetic imperfections, including but not limited to:

• Paint variations
• Paint fading
• Surface rust
• Scratches
• Dents
• Dings
• Patches
• Welds
• Markings
• Decals
• Other – Ordinary signs of manufacturing, transportation, storage, or previous use do not constitute a defect unless expressly represented otherwise in writing.

3. CONTAINER COLOR

Because shipping containers are sourced from active and retired shipping fleets, Apex Conex cannot guarantee a specific container color for a used container.

3.1 Used Containers

The color of a used shipping container is not guaranteed and may vary based upon current inventory and availability.

Used containers may exhibit fading, discoloration, paint wear, surface rust, prior markings, logos, decals, or other variations resulting from previous use and exposure to the elements.

3.2 One Trip Containers

Customers may request a specific color for a One Trip container.

Color availability is subject to current inventory and cannot be guaranteed unless Apex Conex expressly confirms the specific color in writing as part of the customer's order.

Apex Conex will make reasonable efforts to accommodate color requests for One Trip containers when possible.

3.3 Photographs and Advertisements

Photographs, illustrations, website images, advertisements, social media images, or other marketing materials are provided for general representation and do not depict the exact container assigned to the customer.

Colors shown in photographs or electronic displays may appear differently depending upon lighting, photography, screen settings, and other factors.

Images do not constitute a guarantee that the customer will receive a container of the same color or appearance.

3.4 No Color-Based Refusal

Unless a specific container color has been expressly guaranteed in writing by an authorized representative of Apex Conex, a variation in color, shade, paint condition, markings, or exterior appearance will not constitute a defect, breach of contract, or grounds for refusal of delivery, rejection of the container, cancellation, refund, or chargeback, provided the container otherwise conforms to the specifications and condition represented for the customer's purchase.

4. WIND AND WATERTIGHT CONDITION

When a container is represented by Apex Conex as “wind and watertight,” that description refers to the container's condition at the time of sale and means the container is intended to provide protection from ordinary exposure to wind and rain when its doors are properly closed and secured.

“Wind and watertight” does not mean that a container is:

• Permanently waterproof
• Immune to condensation
• Guaranteed to remain free from leaks or moisture under every condition
• Guaranteed to remain in the same condition indefinitely regardless of use, environment, installation, or maintenance

Customers are responsible for proper:

• Placement
• Leveling
• Drainage
• Ventilation
• Door operation
• Maintenance
• Site conditions

These factors may affect the container's performance after delivery.

5. CUSTOMER INSPECTION AND ACCEPTANCE

5.1 Inspection Upon Delivery or Pickup

Customers are responsible for inspecting the container promptly upon delivery or pickup and, whenever reasonably possible, while the delivery driver remains present and before the container is unloaded or the delivery is completed.

5.2 Material Discrepancies

If the customer believes the container materially differs from the condition, type, size, or specifications expressly stated on the customer's invoice or order documentation, the customer should immediately:

• Notify Apex Conex
• Notify the delivery driver
• Document the condition with photographs and/or video
• Provide Apex Conex an opportunity to review the issue before directing the driver to leave the property whenever reasonably possible

5.3 Ordinary Cosmetic Conditions

The customer should not refuse delivery solely because of ordinary cosmetic imperfections consistent with the represented condition, including:

• Minor dents
• Scratches
• Surface rust
• Paint variations
• Handling marks
• Patches
• Other ordinary characteristics of industrial shipping equipment

5.4 Acceptance

Except as otherwise expressly provided in these Terms and Conditions or required by applicable law, acceptance of delivery or pickup, failure to report a material discrepancy within the applicable inspection period, or continued possession or use of the container after delivery constitutes evidence that the customer accepted the container in the condition delivered.

Acceptance does not prevent the customer from asserting a timely claim concerning a material condition or specification expressly represented in writing by Apex Conex that could not reasonably have been discovered through a reasonable inspection at delivery.

6. CUSTOMER USE, MODIFICATIONS AND CONVERSIONS

Customers purchasing containers for modification, conversion, construction, residential, commercial, agricultural, or other specialized purposes are solely responsible for determining whether the container is suitable for their intended use.

Customers are also responsible for obtaining any required:

• Permits
• Engineering approvals
• Inspections
• Building approvals
• Professional services
• Other governmental or regulatory approvals

Any cutting, welding, drilling, structural modification, addition of doors or windows, electrical work, plumbing, insulation, foundation work, stacking, relocation, conversion, or other alteration performed after delivery is undertaken at the customer's direction and responsibility.

Apex Conex does not warrant or guarantee the structural integrity, weather resistance, safety, code compliance, or suitability of a container after it has been modified or altered by the customer or any third party acting on the customer's behalf.

7. DISCLAIMER OF IMPLIED WARRANTIES

EXCEPT FOR ANY EXPRESS WARRANTY OR REPRESENTATION EXPRESSLY PROVIDED IN WRITING BY AN AUTHORIZED REPRESENTATIVE OF APEX CONEX, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CONTAINER IS SOLD “AS IS” AND “WITH ALL FAULTS.”

APEX CONEX EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.

Apex Conex does not warrant that a container will be suitable for the customer's particular:

• Intended use
• Modification
• Conversion
• Installation
• Location
• Climate
• Load
• Application

This applies except where Apex Conex has expressly agreed to such use or specification in writing.

The customer is responsible for determining whether the container is suitable for the customer's intended use and for obtaining necessary inspections, permits, engineering services, approvals, or other professional advice.

Nothing in these Terms is intended to exclude or limit any warranty, remedy, or right that cannot legally be excluded or limited under applicable law.

8. CUSTOMER LIFETIME SUPPORT & WARRANTY

Apex Conex is committed to providing quality shipping containers and responsive customer support.

8.1 Customer Support

Apex Conex provides customer support for container-related questions and warranty inquiries during normal support hours:

Monday–Friday 8:00 AM–8:00 PM Eastern Time

Apex Conex will make reasonable efforts to respond to customer inquiries within twenty-four (24) hours during the business week.

Response times may be longer during weekends, holidays, periods of unusually high volume, emergencies, or circumstances outside Apex Conex's reasonable control.

Customer support and assistance do not constitute a warranty, guarantee, promise of repair, or admission of liability unless expressly stated in writing by an authorized representative of Apex Conex.

8.2 Customer Lifetime Warranty

Apex Conex provides a Customer Lifetime Warranty only to the original purchaser of the container.

For purposes of this Limited Lifetime Warranty, “lifetime” means the period during which the original purchaser continues to own the container.

The warranty is not transferable to a subsequent owner unless Apex Conex expressly agrees to a transfer in writing.

The warranty applies only to qualifying defects that existed at the time of sale and are reported according to the warranty claim procedure.

The warranty does not guarantee that a container will remain free from:

• Ordinary wear
• Rust
• Corrosion
• Cosmetic deterioration
• Weathering
• Condensation
• Damage
• Environmental exposure
• Damage resulting from relocation
• Modification
• Other conditions occurring after delivery

8.3 What the Warranty Covers

Subject to all exclusions and limitations, the Limited Lifetime Warranty is intended to cover a material defect that:

• Existed at the time the container was sold
• Is inconsistent with the condition or specifications expressly represented in writing by Apex Conex
• Is not the result of ordinary wear, cosmetic variation, misuse, modification, relocation, improper maintenance, or another excluded circumstance
• Is properly reported with sufficient documentation for Apex Conex to evaluate the claim

Apex Conex will determine, in its reasonable discretion, whether a reported issue falls within the warranty.

8.4 Warranty Remedy

If Apex Conex determines that a qualifying defect is covered, Apex Conex may, in its reasonable discretion and subject to applicable law:

• Repair or arrange for repair
• Provide a replacement container of comparable type and condition, subject to availability
• Provide another reasonable remedy

Unless otherwise required by law or expressly agreed in writing, Apex Conex's obligation is limited to the remedy selected by Apex Conex for the covered defect.

Warranty remedies do not automatically include:

• Transportation
• Relocation
• Crane service
• Site preparation
• Permits
• Labor
• Unloading
• Reloading
• Modifications
• Installation
• Foundation work
• Other related costs

This is unless Apex Conex expressly agrees in writing to cover such costs.

9. WARRANTY EXCLUSIONS

The Limited Lifetime Warranty does not cover:

• Ordinary wear and tear
• Surface rust, corrosion, or oxidation occurring after delivery
• Dents, dings, scratches, scuffs, paint fading, paint variation, or other cosmetic imperfections
• Condensation or moisture accumulation
• Damage resulting from condensation
• Improper drainage
• Flooding
• Standing water
• Soil conditions
• Environmental exposure
• Improper leveling
• Improper placement
• Improper foundation, blocking, or support
• Moving, relocating, lifting, transporting, loading, unloading, or repositioning after delivery or pickup
• Damage caused by cranes, forklifts, trailers, tilt-bed equipment, rollback equipment, or other handling equipment after delivery or pickup
• Cutting, welding, drilling, structural modifications, additions, alterations, or conversions
• Modification or improper adjustment of doors, locks, hinges, seals, floors, or other components
• Misuse
• Abuse
• Negligence
• Accident
• Vandalism
• Unauthorized use
• Improper storage
• Failure to perform reasonable maintenance
• Fire
• Flood
• Severe weather
• Natural disasters
• Events outside Apex Conex's reasonable control
• Use for a purpose for which the container was not designed
• Overloading
• Improper loading
• Repairs or modifications performed without Apex Conex's prior written authorization
• Any condition disclosed to or reasonably apparent to the customer at the time of purchase and consistent with the represented condition

10. RELOCATION, MODIFICATION AND PAINTING

10.1 Relocation

Relocating a container after delivery automatically terminates the Limited Lifetime Warranty.

Apex Conex is not responsible for damage caused by relocation, transportation, lifting, loading, unloading, or repositioning after delivery.

10.2 Modifications

Any modification, conversion, cutting, welding, drilling, structural alteration, addition of doors or windows, electrical work, plumbing, insulation, stacking, or other alteration may affect or void warranty coverage for the affected portion of the container and any resulting damage.

Customers should obtain appropriate professional advice before performing structural modifications or conversions.

10.3 Painting and Surface Treatment

Painting a container does not, by itself, void the Limited Lifetime Warranty.

However, Apex Conex is not responsible for damage caused by:

• Improper surface preparation
• Abrasive blasting
• Sandblasting
• Chemical treatment
• Painting products
• Coatings
• Application methods
• Failure to properly prepare or protect surfaces

Resulting damage to the original structure, coating, seals, doors, flooring, or other components is excluded from warranty coverage.

11. WARRANTY CLAIM PROCEDURE

Warranty claims must be submitted by email to:

info@apexconex.co

The customer should include:

• “WARRANTY” in the subject line
• Customer name and order number
• Container identification number located on the container doors
• Detailed written description of the alleged issue
• Video clearly showing the problem
• Photograph showing the entire container
• Photograph of the right side
• Photograph of the left side
• Photograph of the rear
• Photograph of the front with doors closed
• Photograph of the interior with doors open

Apex Conex may request additional photographs, video, documentation, inspection, or other information reasonably necessary to evaluate the claim.

The customer must provide reasonable access to the container if inspection is necessary.

11.1 Warranty Determination

Submission of a warranty claim does not constitute an admission that a defect exists or that the condition is covered.

Apex Conex may require inspection before approving or providing a warranty remedy.

If a claim is determined not to be covered, the customer remains responsible for third-party inspection, transportation, relocation, repair, or other costs incurred at the customer's request unless Apex Conex expressly agrees otherwise in writing.

11.2 No Oral Expansion

Only an authorized representative of Apex Conex may modify, expand, or extend the Limited Lifetime Warranty in writing.

12. DELIVERY

Apex Conex coordinates delivery through independent transportation providers, carriers, drivers, and other third-party delivery providers.

Delivery is subject to:

• Container availability
• Carrier availability
• Transportation conditions
• Site accessibility
• Weather
• Equipment availability
• Route conditions
• These Terms and Conditions.

12.1 Standard Delivery Timeframe

Unless a different timeframe is expressly stated on the customer's invoice or confirmed in writing, customers should generally expect delivery within approximately fifteen (15) Business Days after the order is received and all information required to arrange delivery has been provided.

Apex Conex's Logistics Team may contact the customer by email, telephone, or another available communication method to coordinate delivery.

Customers should allow up to six (6) Business Days after receipt of the order and required information for Apex Conex to coordinate and schedule a delivery date.

Standard deliveries are generally Monday through Friday. Weekend delivery is not guaranteed and may not be available.

Rush Delivery is governed exclusively by the Rush Orders section.

13. DELIVERY SITE REQUIREMENTS

The customer is responsible for providing accurate and complete information regarding the delivery property and access route.

Customers must disclose conditions that could affect safe access or placement, including:

• Narrow streets or driveways
• Sharp turns
• Steep grades
• Low bridges
• Overhead obstructions
• Trees or branches
• Utility lines
• Electrical poles
• Fences
• Gates
• Walls
• Mailboxes
• Drainage ditches
• Culverts
• Mud
• Soft ground
• Standing water
• Snow or ice
• Holes
• Unstable ground
• Underground utilities
• Restricted access
• Property boundaries
• Any other condition that may interfere with the delivery vehicle, trailer, equipment, or container

The customer is responsible for verifying that the delivery location is suitable and accessible.

14. DELIVERY ACCESS REQUIREMENTS

Unless otherwise approved by Apex Conex or the delivery provider in advance, customers should provide approximately:

• 120 feet of usable length
• 12 feet of usable width
• 16 feet of overhead clearance

These are general planning guidelines and may vary depending upon:

• Delivery equipment
• Container size
• Property configuration
• Road conditions
• Terrain
• Placement method

Delivery vehicles and trailers may be approximately 40 feet or longer, and total maneuvering space may exceed the dimensions of the container itself.

The customer is responsible for ensuring adequate space for the delivery vehicle and equipment to safely enter, maneuver, unload, and exit.

15. DELIVERY SURVEY

The customer must accurately complete and submit any Delivery Survey or delivery-site questionnaire requested by Apex Conex.

The customer is responsible for ensuring the information provided is complete, accurate, and current.

Submitting a Delivery Survey constitutes the customer's representation that the information provided is accurate to the best of the customer's knowledge.

The customer must promptly notify Apex Conex of any site condition changes before delivery.

Failure to accurately disclose site conditions may result in a Failed Delivery and applicable charges.

16. GROUND CONDITIONS AND WEATHER

The customer is responsible for ensuring the delivery area and access route are reasonably suitable for heavy delivery equipment.

Customers should notify Apex Conex as soon as possible if severe weather, rain, snow, ice, flooding, soft ground, mud, or other conditions may affect delivery.

Apex Conex or its delivery provider may postpone or reschedule delivery when conditions create a reasonable risk of:

• Personal injury
• Property damage
• Equipment damage
• Unsafe operation

Weather-related or site-condition delays outside Apex Conex's reasonable control do not constitute a failure to deliver.

17. DELIVERY SITE DAMAGE AND PROPERTY CONDITIONS

Apex Conex and its delivery providers will use commercially reasonable care during delivery.

However, customers acknowledge that delivery of a heavy shipping container and required transportation equipment may place substantial weight and pressure on:

• Driveways
• Lawns
• Gravel
• Soil
• Pavement
• Curbs
• Culverts
• Other surfaces

Apex Conex is not responsible, to the maximum extent permitted by law, for damage resulting from conditions that were:

• Undisclosed
• Inaccurately represented
• Concealed
• Unknown to Apex Conex
• Outside the reasonable control of Apex Conex or the delivery provider

The customer is responsible for locating and identifying underground:

• Utilities
• Septic systems
• Drainage systems
• Private lines
• Buried structures
• Other subsurface conditions

Apex Conex does not assume responsibility for underground or property conditions the customer failed to disclose or identify.

18. FAILED DELIVERY

A delivery may be considered a Failed Delivery when a container cannot safely be delivered because of conditions for which the customer is responsible or because the customer provided inaccurate or incomplete information.

Examples include:

• Insufficient access
• Insufficient clearance
• Obstructed access
• Incorrect delivery information
• Inaccurate Delivery Survey information
• Unsafe ground conditions
• Customer-requested cancellation at delivery
• Customer refusal of a conforming container
• Lack of required permits or approvals
• Inability to safely maneuver delivery equipment
• Customer-requested changes after dispatch
• Other conditions within the customer's responsibility

If delivery fails because of customer-responsible conditions, the customer may be responsible for:

• Original delivery fee
• Return transportation fee
• $500 restocking/administrative fee per container
• Applicable processing fees
• Third-party transportation, towing, recovery, waiting, or equipment charges
• Other reasonable incidental costs directly resulting from the Failed Delivery, to the extent permitted by law.

19. ALTERNATE UNLOADING LOCATION

If the delivery vehicle can access the property but cannot safely reach the customer's requested unloading location, the delivery provider may, when reasonably possible, unload the container at the nearest safe and reasonably accessible location.

Once unloaded at a safe location, subsequent movement, relocation, lifting, transportation, or repositioning is the customer's responsibility.

Apex Conex does not guarantee that a container can be moved from an alternate unloading location to the customer's preferred final location.

If no safe unloading location is reasonably available, the delivery may be considered a Failed Delivery.

20. CUSTOMER REFUSAL OF A CONFORMING CONTAINER

Customers may not refuse delivery solely because of ordinary cosmetic characteristics consistent with the container's represented condition.

If a customer refuses a container that materially conforms to the order for reasons not constituting a material discrepancy or qualifying defect, the delivery may be treated as a Failed Delivery or customer-initiated cancellation.

The customer may then be responsible for applicable:

• Delivery fees
• Return transportation
• Cancellation fees
• Restocking fees
• Processing fees
• Reasonable incidental costs

21. SAME-DAY CANCELLATION OR REFUSAL

If a customer cancels an order after the container has been dispatched or on the scheduled delivery date, or refuses delivery of a conforming container without a qualifying contractual or legal basis, the customer may be responsible for:

• Original delivery fee
• Return transportation fee
• $300 cancellation fee per container
• $300 restocking fee per container
• Applicable processing fees
• Other documented incidental costs

22. DELIVERY PROVIDER WAITING TIME

Delivery providers are generally allowed thirty (30) minutes on the customer's property for unloading and completion of delivery.

The thirty-minute period begins when the delivery vehicle arrives at the designated delivery location and is reasonably ready to begin unloading, subject to circumstances outside the customer's control.

If unloading or delivery is delayed for more than thirty minutes because of circumstances within the customer's responsibility, the customer may be charged:

$100 per hour, or the applicable amount charged by the delivery provider if different and disclosed to the customer.

Waiting charges may apply to delays caused by:

• Customer unavailability
• Failure to provide access
• Removal of obstacles
• Site preparation
• Customer-directed changes
• Excessive customer-caused inspection delays
• Other customer-caused delays

Waiting time caused solely by Apex Conex, the delivery provider, traffic, weather, or circumstances outside the customer's reasonable control will not be charged under this provision.

23. DELIVERY-RELATED CHARGES

Where permitted by applicable law and where the customer has provided valid payment authorization, the customer authorizes Apex Conex to charge documented delivery-related fees expressly authorized by these Terms and Conditions.

Such charges may include:

• Failed Delivery charges
• Waiting-time charges
• Restocking fees
• Return transportation
• Towing
• Recovery
• Equipment charges
• Other expressly authorized delivery-related amounts

Apex Conex will provide reasonable documentation upon request.

24. NO GUARANTEE OF EXACT DELIVERY TIME

Unless expressly confirmed in writing, Apex Conex does not guarantee a specific delivery time or time-of-day appointment.

Delivery dates and estimated windows may be affected by:

• Traffic
• Weather
• Carrier schedules
• Depot availability
• Equipment availability
• Route restrictions
• Other circumstances outside Apex Conex's reasonable control

25. RUSH ORDERS

Rush service may be available for an additional fee, subject to:

• Container availability
• Delivery capacity
• Location
• Scheduling
• Equipment
• Carrier availability
• Other operational considerations.

25.1 Rush Delivery

If:

• The customer requests Rush Delivery
• Apex Conex confirms in writing that Rush Delivery is available
• The customer pays the $500 Rush Order fee
• Payment has successfully cleared
• The customer has completed and submitted all required delivery information and Delivery Survey

Apex Conex will use commercially reasonable efforts to deliver the container within five (5) Business Days after all applicable conditions have been satisfied.

The five-business-day period does not begin until Apex Conex has received cleared payment, a completed Delivery Survey, and all other information reasonably necessary to arrange delivery.

Payment of the Rush Order fee alone does not create a Rush Delivery commitment.

25.2 Customer Responsibilities

The Rush Delivery timeframe depends upon the customer:

• Providing accurate information
• Responding promptly
• Preparing the delivery site
• Obtaining permits
• Providing safe access
• Satisfying delivery requirements

Customer-caused delays may extend or suspend the Rush Delivery timeframe.

25.3 Customer-Requested Delay

If the customer requests that delivery be delayed, rescheduled, or placed on hold, the Rush Delivery timeframe is suspended.

The original five-business-day commitment no longer applies unless Apex Conex confirms a new Rush Delivery date in writing.

25.4 Events Outside Apex Conex's Control

Rush Delivery commitments do not apply to delays caused by circumstances outside Apex Conex's reasonable control, including:

• Severe weather
• Flooding
• Natural disasters
• Road closures
• Accidents
• Traffic restrictions
• Government actions
• Terminal or depot closures
• Equipment or mechanical failures
• Carrier or driver availability
• Labor disruptions
• Shortages
• Emergencies
• Acts of God
• Other circumstances reasonably preventing delivery

25.5 Rush Delivery Remedy

If Apex Conex confirms Rush Delivery in writing and fails to complete delivery within five Business Days for reasons within Apex Conex's reasonable control, the customer's sole remedy for the missed Rush Delivery timeframe is a refund of the $500 Rush Order fee, unless otherwise required by law or expressly agreed in writing.

A missed Rush Delivery timeframe does not entitle the customer to cancel the underlying container purchase, refuse delivery, receive a refund of the container purchase price, or recover consequential, incidental, indirect, or lost-profit damages solely because of the delay.

26. RUSH PICKUP

Customers choosing pickup may request Rush Pickup for the applicable $500 Rush Order fee, subject to Apex Conex's confirmation that Rush Pickup is available.

After payment has cleared and required information and documentation have been completed, Apex Conex will make release documentation available within three (3) Business Days.

This commitment applies only to preparation and availability of release documentation.

It does not guarantee that the customer, customer's driver, or third-party carrier will complete pickup within three Business Days.

The customer is responsible for ensuring the pickup party has appropriate:

• Equipment
• Authorization
• Documentation
• Transportation capability

27. NO DOUBLE RECOVERY FOR RUSH SERVICE

The Rush Order fee is separate from the container purchase price and any applicable delivery, transportation, or other charges.

If Apex Conex refunds the Rush Order fee, that refund constitutes the customer's complete remedy for a missed Rush Delivery commitment, except where otherwise required by law.

Rush service does not guarantee a particular:

• Delivery time
• Delivery window
• Driver
• Route
• Carrier

28. DELAYED DELIVERY OR PICKUP

Apex Conex understands that circumstances can change and may allow customers a limited period to delay delivery or pickup.

28.1 Maximum Holding Period

Customers may delay delivery or pickup for a maximum of twenty-eight (28) calendar days from the date Apex Conex first receives any payment toward the order or, where applicable, from the date a payment-on-delivery arrangement is established and confirmed in writing.

The twenty-eight day period:

• Does not restart
• Does not extend because of subsequent payments
• Does not extend because of partial payments
• Does not extend because of order changes
• Does not extend because of communications
• Does not pause because the Delivery Survey has not been completed

28.2 Customer Responsibility

Customers must timely:

• Accept delivery
• Complete pickup
• Complete required documentation
• Complete the Delivery Survey
• Prepare the delivery site
• Respond to scheduling communications
• Provide suitable access

Failure to cooperate does not extend the holding period.

28.3 Cancellation After Twenty-Eight Days

If delivery or pickup has not been completed within twenty-eight calendar days, Apex Conex may automatically cancel the order without further notice unless an extension has been expressly approved in writing.

Upon cancellation, a $600 holding and administrative fee per container will be deducted from amounts otherwise refundable, to the extent permitted by law and the customer's agreement.

The fee is intended to compensate Apex Conex for:

• Inventory being held
• Administrative costs
• Scheduling resources
• Storage or depot expenses
• Other costs associated with maintaining the order beyond the permitted holding period

28.4 Re-Purchase After Cancellation

Once canceled under this section, the original purchase is terminated.

A subsequent purchase must be made at the then-current:

• Pricing
• Inventory availability
• Fees
• Terms
• Conditions

Apex Conex does not guarantee that the same container, type, color, location, price, or specifications will remain available.

Refunded amounts will not be credited toward a subsequent purchase unless Apex Conex expressly agrees in writing.

29. EXTENSIONS

Apex Conex may, in its sole discretion, approve an extension beyond twenty-eight days.

Any extension must be expressly approved in writing by an authorized Apex Conex representative.

A telephone call, text message, email, or conversation does not automatically constitute an extension unless expressly confirmed as such.

Approved extensions may be subject to additional:

• Holding
• Storage
• Administrative
• Transportation
• Other applicable charges

30. ORDERS HELD MORE THAN FOURTEEN DAYS

30.1 Delivery Orders

If a delivery order has been on hold for more than fourteen (14) calendar days, the customer must provide at least ten (10) Business Days' advance notice of the desired delivery date.

Failure to provide notice does not extend the twenty-eight day holding period.

30.2 Pickup Orders

If a pickup order has been on hold for more than fourteen calendar days, the customer must provide at least five (5) Business Days' advance notice of the intended pickup date.

Failure to provide notice does not extend the twenty-eight day holding period.

31. APEX CONEX DELAYS AND EVENTS OUTSIDE OUR CONTROL

The twenty-eight day holding period will not be used to cancel an order or impose a holding fee when the customer's inability to accept delivery or complete pickup is directly caused by Apex Conex's failure to make the container reasonably available, unless the customer otherwise agrees to the delay or the delay results from circumstances outside Apex Conex's reasonable control.

Apex Conex will make commercially reasonable efforts to communicate material delays and establish a new schedule.

Events outside Apex Conex's reasonable control include, without limitation:

• Severe weather
• Natural disasters
• Road closures
• Accidents
• Terminal or depot delays
• Government action
• Equipment failures
• Transportation disruptions
• Labor disputes
• Carrier availability
• Other circumstances reasonably preventing or delaying performance

32. CANCELLATION AND REFUNDS

32.1 Order Cancellation and Payment Disputes

If a customer wishes to cancel an order, the customer must first contact Apex Conex Inc. in writing and provide Apex Conex Inc. with an opportunity to address the cancellation request before initiating a payment dispute or chargeback with their credit card company, debit card issuer, bank, or other payment provider.

All cancellation requests must be submitted in writing to Apex Conex Inc. and must clearly identify the customer, order, and reason for the requested cancellation. A cancellation request is not effective unless and until it is received and acknowledged by Apex Conex Inc. in accordance with the cancellation terms stated in these Terms & Conditions.

Customers agree to allow Apex Conex Inc. a reasonable opportunity to review and respond to a cancellation request before initiating a payment dispute or chargeback concerning the order. Filing a chargeback or payment dispute without first contacting Apex Conex Inc. in writing may result in the account being reviewed under the applicable cancellation, restocking, delivery, processing, and other fees stated in these Terms & Conditions.

If a customer initiates a chargeback or payment dispute, Apex Conex Inc. reserves the right to provide the payment processor, bank, card issuer, or other applicable party with the order, invoice, payment records, communications, delivery records, signed documents, photographs, and other documentation relevant to the transaction and the customer's obligations under these Terms & Conditions.

A payment dispute or chargeback does not automatically cancel an order, release the customer from payment obligations, or eliminate applicable fees, unless otherwise required by applicable law or determined by the applicable payment processor or financial institution.

Nothing in this section is intended to restrict any rights a customer may have under applicable law or the rules of the customer's card issuer or payment network.

32.2 Delivery Orders — Cancellation 48 Hours or More Before Delivery

If a customer cancels a delivery order forty-eight (48) hours or more before the scheduled delivery date, the customer will be responsible for:

• $300 cancellation fee per container
• $300 restocking fee per container
• Applicable processing fees
• Documented, non-refundable third-party costs specifically incurred for the order

The remaining refundable amount will be refunded according to Apex Conex's refund procedures.

32.3 Same-Day Cancellation Before Dispatch

If cancellation occurs on the scheduled delivery date before the container has been picked up or dispatched:

• Up to $500 driver transport fee applies on a case by case basis
• $300 cancellation fee per container applies
• $300 restocking fee per container applies
• Processing fees may apply
• Documented third-party costs may apply

The remaining refundable amount will be refunded after applicable deductions.

32.4 Cancellation After Pickup or Dispatch

If cancellation occurs after the container has been picked up, loaded, or dispatched:

The customer is responsible for:

• Up to $700 driver transport fee
• Return transportation or second-delivery costs
• $300 cancellation fee per container
• $300 restocking fee per container
• Applicable processing fees
• Documented transportation and incidental costs

32.5 Pickup Orders

If a pickup customer cancels after payment:

• $300 cancellation fee per container
• $300 restocking fee per container
• Processing fees
• Documented third-party costs

Additional transportation, handling, storage, or other costs may apply if the container has already been released, loaded, moved, or prepared specifically for pickup.

33. CUSTOMER-INITIATED ORDER CHANGES

Changes to:

• Delivery address
• Delivery date
• Unloading location
• Container specifications
• Other material order details

Such changes may result in additional charges, scheduling delays, transportation charges, or other fees.

Apex Conex is not obligated to approve a requested change that cannot reasonably be accommodated.

Customer-requested changes do not automatically extend:

• Delivery periods
• Rush commitments
• The twenty-eight day holding period

Any extension must be confirmed in writing.

34. SITE-RELATED CHARGES

Customers are responsible for additional costs resulting from conditions at the delivery property that prevent or interfere with safe delivery.

These include:

• Soft ground
• Mud
• Snow
• Standing water
• Narrow roads
• Blocked access
• Insufficient turning space
• Low clearance
• Trees
• Branches
• Fences
• Gates
• Poles
• Wires
• Mailboxes
• Incorrect Delivery Survey information
• Delivery equipment becoming stuck
• Damage to delivery equipment caused by customer-controlled conditions
• Other customer-responsible conditions

Charges may include:

• Towing
• Recovery
• Wrecker services
• Additional transportation
• Waiting time
• Equipment charges
• Return transportation
• Other reasonable costs

35. REFUNDS

Refunds, when applicable, are calculated after deduction of valid fees, charges, and non-refundable third-party expenses authorized by these Terms and Conditions.

Refunds are generally issued to the original payment method unless otherwise required by law or agreed in writing.

Apex Conex is not responsible for delays caused by:

• Banks
• Credit-card issuers
• Payment processors
• Other financial institutions

36. APEX CONEX-INITIATED CANCELLATION

Apex Conex reserves the right to cancel an order when reasonably necessary, including due to:

• Nonpayment
• Payment not clearing
• Reversed or disputed payment
• Fraudulent or unauthorized payment activity
• Inventory issues
• Container availability
• Inability to obtain or provide the represented container
• Safety concerns
• Inability to arrange transportation
• Materially inaccurate customer information
• Suspected fraud or unlawful activity
• Customer conduct threatening employees, contractors, drivers, delivery providers, or property
• Legal or regulatory requirements
• Circumstances outside Apex Conex's reasonable control
• Other circumstances making fulfillment commercially or operationally impracticable

If Apex Conex cancels for reasons not caused by the customer before delivery, Apex Conex will refund refundable amounts actually paid, less amounts properly non-refundable under these Terms or otherwise legally retainable.

If cancellation results from customer payment default, fraud, chargeback, refusal to cooperate, inaccurate information, site conditions, or other customer-caused circumstances, applicable fees and costs may be deducted.

37. NO AUTOMATIC RIGHT TO CANCEL

Once Apex Conex accepts an order, the customer does not have an unlimited right to cancel without applicable fees or charges.

Cancellation rights, refunds, holding periods, delivery charges, and restocking fees are governed by these Terms and Conditions, the customer's invoice, and any separate written agreement accepted by Apex Conex.

Nothing limits any cancellation, refund, warranty, or other right that cannot legally be waived.

38. VOLUNTARY RETURN POLICY

This Return Policy applies to voluntary customer-requested returns and is separate from warranty claims and delivery claims.

38.1 Return Eligibility

A voluntary return request may be considered within thirty (30) calendar days after delivery.

Returns are not automatic and require prior written approval from Apex Conex.

Apex Conex may approve or decline voluntary returns based upon:

• Container condition
• Depot availability
• Transportation requirements
• Reason for return
• Other reasonable business considerations

This voluntary Return Policy applies only to containers delivered by or on behalf of Apex Conex.

Customer pickups and containers transported by customer-arranged carriers are not eligible for voluntary return unless Apex Conex expressly agrees otherwise in writing.

39. RETURN CONDITION REQUIREMENTS

Approved returns must be made in substantially the same condition in which the container was received, except for ordinary deterioration from reasonable storage.

Returns may be denied or additional charges may apply if the container has:

• Been modified
• Been converted
• Been cut
• Been drilled
• Been welded
• Had doors or windows added
• Had electrical components added
• Had plumbing added
• Had insulation added
• Been painted or chemically treated in a materially damaging manner
• Been damaged
• Been moved or handled in a manner causing damage
• Sustained excessive rust or deterioration
• Been used inconsistently with its intended purpose
• Otherwise been materially changed

Apex Conex may deduct reasonable repair, restoration, cleaning, transportation, or other costs.

40. RETURN APPROVAL AND TRANSPORTATION

Customers must not transport or return a container to a depot without first receiving written approval and return instructions from Apex Conex.

Apex Conex will determine the appropriate return location.

Unless Apex Conex agrees otherwise in writing, the customer is responsible for:

• Return transportation
• Loading
• Unloading
• Hauling
• Equipment
• Carrier costs
• Depot charges
• Other return-related expenses

The customer is also responsible for the original delivery fee.

Approved voluntary returns are subject to:

• $500 restocking fee per container
• Applicable processing fees
• Documented, non-refundable third-party costs

41. RETURN DEPOT PROCEDURE

Apex Conex will provide applicable:

• In-gate codes
• Appointments
• Release numbers
• Other required authorizations

The customer must:

• Obtain depot return documentation
• Photograph or electronically copy the receipt
• Email the documentation to Apex Conex within two (2) Business Days
• Retain the original documentation until the return and refund are complete

Failure to provide documentation may delay refund processing.

42. RETURN INSPECTION

Apex Conex will inspect or arrange inspection after return.

A return is not fully completed for refund purposes until Apex Conex:

• Receives required return documentation
• Has had a reasonable opportunity to inspect the container

Apex Conex may deduct reasonable:

• Repair costs
• Restoration costs
• Transportation
• Cleaning
• Depot charges
• Other applicable expenses

if the returned container is damaged or materially altered.

43. RETURN REFUNDS

If an approved return is completed and passes inspection, Apex Conex will process the refund within five (5) Business Days after completion of the required return documentation and inspection process.

Refund calculations may deduct:

• Original delivery fee
• Return transportation
• $500 restocking fee
• Processing fees
• Depot or handling charges
• Repair or restoration
• Documented third-party costs
• Other charges authorized by these Terms

Refunds generally return to the original payment method.

44. UNAUTHORIZED RETURNS

A customer who returns or attempts to return a container without prior written approval does so at the customer's own risk and expense.

Apex Conex does not guarantee depot acceptance of unauthorized returns and is not responsible for:

• Transportation
• Storage
• Detention
• Demurrage
• Handling
• Other resulting charges

No refund will be issued solely because a customer transported a container to a depot without authorization.

45. NO RETURN OF MODIFIED CONTAINERS

Once a customer has materially modified, converted, cut, drilled, welded, painted, insulated, installed equipment in, or otherwise changed a container, it is not eligible for voluntary return under this Return Policy.

Warranty rights remain subject to the Limited Lifetime Warranty and its exclusions.

46. WARRANTY CLAIMS ARE SEPARATE FROM RETURNS

A customer who believes a container has a qualifying warranty defect should submit a warranty claim under the Customer Lifetime Warranty section.

A warranty claim should not be treated as a voluntary return request.

Apex Conex may determine whether an issue is properly handled under:

• The Return Policy
• Limited Warranty
• Delivery provisions
• Another applicable provision

47. PAYMENT AUTHORIZATION

By submitting payment, the customer authorizes Apex Conex to process amounts stated on the customer's invoice, order confirmation, purchase agreement, or applicable documentation.

Payment is not considered fully received or final until funds have successfully cleared and are no longer subject to reversal, rejection, return, chargeback, or withdrawal.

A payment receipt or transaction confirmation does not necessarily mean funds have irrevocably cleared.

48. CHARGEBACKS AND PAYMENT DISPUTES

If a customer initiates a chargeback, payment reversal, ACH reversal, bank reversal, or other dispute concerning an amount legitimately owed to Apex Conex, the underlying payment obligation remains in effect, subject to applicable law and the outcome of the dispute.

A chargeback does not automatically constitute:

• Cancellation
• Rejection
• Return
• Refund
• Release of payment obligations

Customers with legitimate billing concerns should contact Apex Conex promptly so the matter can be investigated.

Nothing restricts any dispute, chargeback, consumer-protection, or legal right that cannot lawfully be waived.

49. CHARGEBACK-RELATED COSTS

To the extent permitted by law and applicable payment-network rules, if a customer initiates a chargeback or payment reversal involving a transaction that was validly authorized and properly owed, the customer may be responsible for reasonable costs actually incurred by Apex Conex as a direct result.

These may include:

• Payment processor fees
• Bank fees
• Reasonable collection costs
• Reasonable attorneys' fees and legal expenses when legally recoverable.
• Any expense Apex Conex has incurred preparing the order including the container purchase, fees for cancellation of order, applicable deliver charges, all processing fees, and any other charges or fees incurred by Apex Conex

Apex Conex will not impose fees prohibited by applicable law, payment-network rules, or the customer's agreement.

50. RETURNED, REJECTED OR DISHONORED PAYMENTS

If any payment is:

• Returned
• Rejected
• Dishonored
• Stopped
• Reversed
• Recalled
• Otherwise fails to clear

In any of those stated situations, the payment is considered unpaid.

The customer remains responsible for the original amount and any legally recoverable fees and expenses.

Apex Conex may require replacement payment by:

• Certified funds
• Wire transfer
• Credit card
• Debit card
• ACH
• Another approved payment method

This payment must be completed in its entirety before releasing, scheduling, rescheduling, or delivering a container.

Payment Reversals, Failed Payments & Associated Fees

All payments made to Apex Conex Inc. must be successfully processed and cleared before an order is considered fully paid or eligible for delivery or pick-up.

If any payment is declined, returned, reversed, disputed, charged back, or otherwise not successfully received by Apex Conex Inc., the customer is responsible for all applicable fees and costs associated with the failed or reversed payment. These may include, but are not limited to, bank fees, payment processor fees, returned-payment fees, chargeback fees, administrative fees, and any other costs incurred by Apex Conex Inc. as a result of the payment issue.

Any outstanding balance, including applicable fees, must be paid in full before Apex Conex Inc. is required to proceed with delivery, pick-up, release, or fulfillment of the order.

If a payment is reversed or disputed after a container has been delivered or released, the customer remains fully responsible for the original amount owed, all applicable fees, and any additional costs incurred by Apex Conex Inc. in recovering the unpaid balance.

Apex Conex Inc. reserves the right to place an order on hold, suspend delivery or pick-up, cancel an order, or take other appropriate action until all outstanding amounts and applicable fees have been received and cleared.

51. RETURNED CHECKS

If a check is returned or dishonored because of insufficient funds, closed account, stop payment, account restrictions, or another reason, Apex Conex may require immediate replacement payment.

A returned-payment fee may be assessed only to the extent permitted by applicable law and the customer's agreement.

52. PAYMENT FAILURE — ORDER SUSPENSION OR CANCELLATION

If payment is reversed, disputed, returned, rejected, dishonored, or otherwise fails to clear, Apex Conex may, to the extent permitted by law:

• Suspend the order
• Withhold release, pickup, or delivery
• Require cleared payment
• Cancel the order
• Apply applicable cancellation, restocking, transportation, or processing fees
• Recover unpaid balances
• Pursue other lawful remedies

Payment failure does not automatically create a fee-free cancellation right.

53. PAYMENT REVERSAL AFTER DELIVERY

If a container has already been delivered, released, picked up, or transferred before Apex Conex learns that payment has been reversed or disputed, the customer's payment obligation remains due.

Apex Conex reserves all lawful rights and remedies.

The customer may not retain a container without paying amounts properly owed.

The customer agrees that Apex Conex has the right to repossess property or take other action through lawful means to reattain the shipping container if the customer’s payment was not fulfilled entirely for any reason or if it was reversed for any reason.

54. AUTHORIZATION TO CHARGE AMOUNTS DUE

Where permitted by law and supported by valid payment authorization, the customer authorizes Apex Conex to charge the payment method on file for amounts properly due under these Terms, including:

• Delivery-related charges
• Waiting-time charges
• Failed Delivery charges
• Restocking fees
• Cancellation fees
• Returned-payment fees
• Other expressly authorized charges

Apex Conex may provide documentation upon reasonable request.

55. TRANSACTION AND DELIVERY RECORDS

Apex Conex may maintain records relating to transactions and orders, including:

• Invoices
• Purchase agreements
• Order confirmations
• Payment receipts
• Payment authorizations
• Emails
• Text messages
• Telephone records or recordings where legally permitted and properly disclosed
• Delivery documents
• Proofs of Delivery
• Depot and outgate documentation
• Photographs
• Videos
• Container identification numbers
• Inspection records
• Delivery Surveys
• Other transaction-related records

These records may be used to:

• Document the transaction
• Establish payment authorization
• Establish delivery or acceptance
• Respond to payment disputes
• Respond to chargebacks
• Administer warranty claims
• Administer returns
• Pursue amounts properly owed

Apex Conex will maintain and use customer information in accordance with its Privacy Policy and applicable law.

56. CUSTOMER RESPONSIBILITY FOR PAYMENT INFORMATION

Customers are responsible for providing accurate payment information and ensuring sufficient funds or available credit.

Customers should promptly notify Apex Conex of:

• Payment failures
• Unauthorized transactions
• Payment reversals
• Duplicate charges
• Billing errors
• Other payment issues

57. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APEX CONEX SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE PURCHASE, DELIVERY, POSSESSION, INSTALLATION, MODIFICATION, USE, MISUSE, OR INABILITY TO USE A SHIPPING CONTAINER.

This includes, to the extent legally permitted:

• Lost profits
• Lost revenue
• Lost business opportunities
• Loss of use
• Damage arising from the customer's particular use or modification of the container

The limitations in this section do not apply to the extent prohibited by applicable law.

58. CUSTOMER INDEMNIFICATION

To the maximum extent permitted by applicable law, the customer agrees to defend, indemnify, and hold harmless Apex Conex, its owners, officers, employees, agents, contractors, delivery providers, and representatives from claims, damages, losses, liabilities, costs, and reasonable expenses arising from:

• Customer misuse of the container
• Customer modifications or conversions
• Customer's failure to obtain required permits or approvals
• Customer's inaccurate delivery information
• Customer-controlled site conditions
• Customer's violation of applicable law
• Customer's negligence or willful misconduct
• Claims arising from the customer's particular use or modification of the container, except to the extent caused by the gross negligence or willful misconduct of the party seeking indemnification or otherwise prohibited by applicable law

59. INDEPENDENT DELIVERY PROVIDERS

Apex Conex may use independent transportation providers, carriers, drivers, brokers, contractors, or other third parties to perform delivery and transportation services.

Delivery schedules, equipment, routes, and drivers may be determined by the applicable delivery provider.

Apex Conex does not guarantee a particular driver, carrier, trailer, route, or delivery vehicle unless expressly agreed in writing.

The use of an independent delivery provider does not relieve the customer of its obligations under these Terms and Conditions.

60. NO WAIVER

Apex Conex's failure to enforce any provision of these Terms and Conditions does not constitute a waiver of that provision or any other provision.

A waiver must be expressly made in writing by an authorized representative of Apex Conex.

61. SEVERABILITY

If any provision of these Terms and Conditions is determined to be invalid, unlawful, or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.

62. ENTIRE AGREEMENT

These Terms and Conditions, together with the customer's applicable invoice, order confirmation, purchase agreement, and any other written agreement expressly accepted by Apex Conex, constitute the agreement between Apex Conex and the customer concerning the transaction.

They supersede prior or contemporaneous oral or written representations concerning the same subject matter except for written terms expressly incorporated into the transaction.

63. AMENDMENTS

Apex Conex may update these Terms and Conditions from time to time.

The Terms applicable to a particular transaction are those accepted by the customer at the time the order is placed, unless the customer expressly agrees to a subsequent modification or applicable law requires otherwise.

64. ASSIGNMENT

The customer may not assign or transfer an order, warranty, or rights under these Terms without Apex Conex's prior written consent, except where such restriction is prohibited by applicable law.

Apex Conex may assign or transfer its rights or obligations in connection with a merger, acquisition, sale of assets, corporate restructuring, or other business transaction.

65. GOVERNING LAW AND VENUE

These Terms and Conditions shall be governed by and construed in accordance with the laws of the state designated in the customer's applicable purchase agreement or, if no state is designated, the state in which Apex Conex's principal business office is located, without regard to conflict-of-law principles, to the extent permitted by applicable law.

Any dispute shall be brought in a court of competent jurisdiction as permitted by applicable law.

66. DISPUTE RESOLUTION

Before initiating formal legal proceedings concerning a transaction, the customer and Apex Conex are encouraged to communicate in good faith and attempt to resolve the dispute directly.

Nothing in this provision prevents either party from exercising a legal right that cannot lawfully be waived, including applicable consumer-protection, payment-dispute, or other statutory rights.

67. Quote and Order Availability, Pricing, and Cancellation

Apex Conex Inc. reserves the right, in its sole business discretion, to cancel, withdraw, modify, or decline any quote, offer, or order when circumstances outside of Apex Conex Inc.’s control affect the availability, cost, or economic feasibility of fulfilling the transaction.

Container availability, supplier pricing, depot inventory, transportation costs, market conditions, tariffs, fees, fuel costs, equipment availability, and other costs associated with sourcing, storing, transporting, or delivering containers may change without notice. A container or specific specification shown as available at the time of quotation may subsequently become unavailable or may no longer be available at the quoted cost.

If Apex Conex Inc. determines that a quoted or ordered transaction can no longer be fulfilled as originally represented because the container is unavailable, the applicable costs have materially increased, or fulfillment would result in an unreasonable or commercially unprofitable loss to Apex Conex Inc., Apex Conex Inc. reserves the right to cancel the quote or order, revise the pricing, offer an alternative container or solution, or decline to proceed with the transaction.

For orders that have been paid in full or in part, if Apex Conex Inc. cancels the order under this section and is unable to provide an acceptable alternative, any refundable amount actually paid toward the canceled order will be refunded to the customer, subject to any amounts properly due under these Terms & Conditions.

A quote is not a guarantee of inventory, availability, or future pricing unless Apex Conex Inc. expressly confirms otherwise in writing. Prices and availability are not considered final until confirmed by Apex Conex Inc. and reflected in the applicable invoice, order confirmation, or other written purchase documentation.

Apex Conex Inc. will make commercially reasonable efforts to honor confirmed orders; however, nothing in these Terms & Conditions requires Apex Conex Inc. to complete a transaction when doing so would require Apex Conex Inc. to obtain unavailable equipment, incur extraordinary or materially increased costs, or operate at a commercially unreasonable or unprofitable loss.

This section does not limit any rights or obligations that cannot legally be waived or modified under applicable law.

68. NOTICES

Unless otherwise required by law, notices concerning an order should be provided using the contact information provided by Apex Conex or the customer for the applicable transaction.

Customers are responsible for maintaining accurate contact information.

Apex Conex may use email, telephone, text message, or other reasonable communication methods to communicate regarding an order.

69. SURVIVAL

Any provisions that by their nature should survive completion, cancellation, termination, delivery, pickup, return, or expiration of an order shall survive.

These include, without limitation:

• Payment obligations
• Liability limitations
• Indemnification
• Warranty provisions, where applicable
• Dispute provisions
• Recordkeeping provisions
• Other provisions intended to survive by their nature

70. NO WAIVER OF NON-WAIVABLE RIGHTS

Nothing in these Terms and Conditions is intended to exclude, restrict, or waive any consumer protection, warranty, refund, dispute, or other right that cannot legally be excluded, restricted, or waived under applicable federal or state law.

71. CONTACT INFORMATION

Questions regarding these Terms and Conditions, orders, delivery, returns, or warranty claims may be directed to:

Apex Conex Inc.

Email: info@apexconex.co Phone: (800) 350-8509

For warranty claims, please follow the Warranty Claim Procedure contained in these Terms and Conditions.

THANK YOU FOR CHOOSING APEX CONEX

We truly appreciate your trust in Apex Conex.

At Apex Conex, we believe good business starts with honesty, respect, and keeping our word - a handshake you can count on, even when it happens online.

Our team is committed to making your experience as smooth, clear, and straightforward as possible, from the moment you place your order through delivery or pickup of your container.

If you have questions, need assistance, or simply want to talk through your options, our team is here to help. We’re committed to providing helpful communication and dependable customer support throughout your experience with Apex Conex.

Thank you again for choosing Apex Conex. We’re proud to serve you and look forward to helping you build something great.

Questions? We're here to help.

Email: info@apexconex.co Phone: (800) 350-8509