Terms of Service

1. Company information

Apex Overstock Services

Email: info@apexoverstockservices.com

2. Acceptance of terms

By accessing or using the services of Apex Overstock Services (“Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree, you may not use the Service.

3. Description of services

Apex Overstock Services provides inventory acceptance and disposition services for business clients (“Clients”). The Service consists solely of accepting shipments of excess, overstock, or unwanted inventory sent by Clients for removal from Client facilities.

Apex Overstock Services does not perform on-site pickups, removals, freight handling, or logistics services. All inventory must be shipped to the designated facility at:

Shipments must be sent via standard parcel carriers only (e.g., UPS, FedEx, USPS, or similar services). Freight shipments, palletized shipments, or commercial freight deliveries are not accepted unless explicitly approved in writing.

Apex Overstock Services does not guarantee resale, recycling, donation, destruction, or any specific disposition method unless expressly agreed in writing.

4. Shipping and transfer of responsibility

Clients are solely responsible for:

• Packaging, labeling, and shipment of inventory
• Compliance with all carrier requirements
• All shipping costs unless otherwise agreed in writing

Risk of loss remains with the Client until inventory is physically received and accepted at Apex Overstock Services’ facility.

5. Transfer of ownership

Upon acceptance of shipment:

• Full right, title, and interest in the inventory transfers irrevocably to Apex Overstock Services, unless otherwise agreed in writing
• Client represents and warrants that it has full legal authority to transfer such inventory
• Inventory is provided free of charge unless otherwise agreed in writing

6. No compensation

Unless explicitly agreed in writing, no payment or compensation is provided by Apex Overstock Services for any inventory received. Clients acknowledge that the Service is provided solely for inventory removal purposes.

7. Condition of inventory

Clients represent and warrant that all shipped inventory:

• Is accurately described in nature and contents
• Does not include prohibited materials
• Is legally owned and transferable by the Client

Apex Overstock Services reserves the right to refuse, reject, or dispose of any shipment at its sole discretion.

8. Strictly prohibited materials

Apex Overstock Services strictly refuses to accept and will not process the following under any circumstances:

• Hazardous, toxic, or regulated materials
• Stolen, counterfeit, or unlawfully obtained goods
• Illegal goods of any kind
• Items subject to recall

Client expressly represents and warrants that no prohibited materials are included in any shipment. Client shall be fully responsible for any breach of this section and agrees to indemnify Apex Overstock Services.

9. No warranties

The Service is provided strictly on an “as is” and “as available” basis, without warranties of any kind.

To the fullest extent permitted by applicable law, Apex Overstock Services expressly disclaims all warranties, representations, and guarantees of any kind, whether express, implied, statutory, or otherwise, including but not limited to:

• Implied warranties of merchantability
• Implied warranties of fitness for a particular purpose
• Implied warranties of non-infringement
• Any warranties arising from course of dealing, course of performance, or usage of trade
• Any representations or assurances made outside of these Terms

No guarantees are made regarding the condition, legality, handling, or disposition of inventory or the outcomes of the Service. Use of the Service is entirely at Client’s sole risk.

10. Limitation of liability

To the fullest extent permitted by applicable law, Apex Overstock Services shall not be liable or responsible in any manner whatsoever for any claims, damages, losses, liabilities, costs, or expenses arising out of or related to the Service or any inventory shipped by Clients.

This includes, without limitation:

• Direct, indirect, incidental, consequential, special, compensatory, or punitive damages
• Loss of profits, revenue, business opportunities, or goodwill
• Claims arising from Client actions, shipping practices, packaging, labeling, or misrepresentation
• Claims relating to inventory condition, legality, ownership, or compliance
• Carrier delays, losses, damage, or mishandling
• Third-party claims arising from Client goods or conduct

To the maximum extent permitted by law, the total aggregate liability of Apex Overstock Services shall be zero (0). Where such limitation is not enforceable, liability shall be limited to the minimum amount permitted by applicable law.

11. Indemnification

Client agrees to indemnify, defend, and hold harmless Apex Overstock Services, its owners, employees, and affiliates from and against any and all claims, demands, damages, losses, liabilities, penalties, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Shipment of inventory
• Breach of these Terms
• Inclusion of prohibited or unlawful materials
• Misrepresentation of inventory
• Client business operations or conduct

12. Service refusal and termination

Apex Overstock Services reserves the right, in its sole discretion, to:

• Refuse service to any Client
• Reject or refuse delivery of any shipment
• Terminate access to the Service at any time, with or without notice

13. Compliance with laws

Clients agree to comply with all applicable federal, state, and local laws and regulations, including those governing shipping, transportation, product safety, and disposal of goods.

14. Governing law

These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law principles.

15. Binding arbitration (North Carolina – controlled forum selection)

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively through binding arbitration.

• Arbitration shall take place in the State of North Carolina.
• Apex Overstock Services shall have the exclusive right to select:
  • The arbitration provider
  • The arbitrator or arbitration panel
  • The arbitration venue within North Carolina
• Procedures shall be determined by Apex Overstock Services, provided they remain consistent with commercially reasonable arbitration practices.
• Arbitration shall be conducted on an individual basis only; class actions are strictly prohibited.

Judgment on any arbitration award may be entered in any court of competent jurisdiction in North Carolina.

16. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

17. Entire agreement

These Terms constitute the entire agreement between the parties and supersede all prior or contemporaneous agreements, communications, or understandings.

18. Changes to terms

Apex Overstock Services reserves the right to modify these Terms at any time. Continued use of the Service constitutes acceptance of the updated Terms.

19. Contact information

Apex Overstock Services

Email: info@apexoverstockservices.com