Term And Condition

Apex Home Outlet & Apex Granite Outlet

Terms of Sale & Return Policy

Effective: 2025
Jurisdiction: State of California
Applies to: All Apex Locations
Sections: 12

"Apex" refers collectively to Apex Home Outlet, Apex Granite Outlet, and all affiliated locations. By making a purchase, placing an order, or accepting merchandise from any Apex location, Customer agrees to all terms outlined on this page. Please read carefully before completing your purchase.

1

Order Approval & Customer Responsibility

Customer is solely responsible for confirming all item selections, sizes, quantities, colors, styles, finishes, measurements, and specifications before payment, pickup, fabrication, or delivery. Apex relies on measurements, drawings, and information provided by Customer, contractor, builder, designer, or representative unless a separate written measurement service agreement is signed.

⚠ Fabricated Countertops

Customer must supply the actual sink, faucet, and cooktop — or a manufacturer-approved template — prior to fabrication. Apex is not responsible for fit issues resulting from customer-supplied templates or measurements.

Quotes are valid for 30 days. Prices are subject to change based on material costs and supply availability.


2

Inspection of Goods

Customer must inspect all merchandise at pickup or delivery. Visible damage, shortages, or incorrect items should be reported at the time of pickup or delivery whenever possible.

📷 72-Hour Reporting Requirement

Any shortage, damage, incorrect item, or defect must be reported no later than 72 hours after pickup or delivery. Customer is strongly encouraged to take clear, time-stamped photos of any damage or discrepancy and submit them with the report. Failure to notify Apex within this period constitutes acceptance of goods.


3

Cabinet Policy

Cabinets may have normal variations in shade, grain, texture, sheen, and finish. These are not defects. Approved returns within 7 days must be unused, unassembled, uninstalled, in original packaging, and subject to inspection.

Unopened Cartons
15%
Restocking fee applies
Opened Cartons
Up to 35%
Restocking fee applies
Return Window
7 Days
From purchase date
🚫 No Returns On

Assembled, installed, altered, special order, clearance, or damaged cabinets are not eligible for return under any circumstances.


4

Countertop & Stone Policy

Granite, marble, quartzite, quartz, porcelain slab, and natural stone vary in color, veining, pattern, and texture. These are natural characteristics and not defects. Customer must inspect and approve materials before cutting or fabrication.

⚠ Critical Notice

After cutting or fabrication: ALL SALES FINAL. Customer must approve the material before any fabrication work begins.

Characteristic Classification
Color & veining variation between slabs Normal
Visible seams in stone fabrication Normal
Hairline fissures in natural stone Normal
Minor edge chipping during fabrication Normal
Pitting in granite surfaces Normal
Color/pattern mismatch across multiple slabs Not Guaranteed

Seam location is determined by the fabricator based on slab dimensions and structural considerations. Customer requests are accommodated when feasible but not guaranteed. Natural stone requires periodic sealing and proper maintenance by Customer. Remnants from fabrication remain the property of Apex unless Customer has paid for the full slab.


5

Tile / Flooring / Accessories

Unused and unopened stock items may be considered for return within 30 days, subject to approval and restocking fees of up to 15%.

🚫 Non-Returnable Items

Special order, clearance, used, or damaged items are not eligible for return.


6

Special Orders & Cancellations

All special order, custom order, non-stock, and supplier-direct items are final sale once ordered. Deposits are non-refundable.

Cancellation Scenario Fee / Consequence
Cabinet order cancelled after factory release Up to 50% of order value
Stone order cancelled after templating begins Deposit forfeited
Stone order cancelled after fabrication begins Payment in Full Required

7

Delivery / Pickup / Storage

Delivery is curbside only. Customer is responsible for adequate access and a clear path of travel. Apex is not responsible for damage to driveways, walkways, landscaping, or structures during delivery. Re-delivery fees apply if Customer or an authorized representative is not present at the scheduled time. Signature constitutes acceptance subject to Section 2.

For pickups, Customer is responsible for an appropriate vehicle, padding, and securing the load. Apex is not responsible for damage occurring after merchandise leaves the loading area.

Free Pickup/Delivery Window
14 Days
After notification of readiness
Storage Fee — Slabs
$10/day
Per slab after 14 days
Storage Fee — Cabinets
$5/day
Per pallet/box after 14 days
⚠ Abandonment Policy

After 90 days without a written extension, merchandise may be deemed abandoned. Deposits and payments may be forfeited and merchandise resold to recover costs.


8

Warranties & Limitation of Liability

Apex is a materials supplier. Apex does not provide installation, plumbing, electrical, or finish-carpentry services unless expressly stated in a separate signed agreement. Apex is not responsible for installation defects, fit issues, sealing, finish work, or labor performed by Customer or third parties.

Manufacturer warranties pass through to Customer; Apex makes no separate warranty. To the maximum extent permitted by California law, Apex disclaims all implied warranties, including merchantability and fitness for a particular purpose.

Liability Cap

Apex's total liability for any claim arising from a transaction is limited to the purchase price of the affected item. Apex is not liable for incidental, consequential, lost-profit, or labor damages.


9

Payment & Chargeback Policy

Customer agrees to contact Apex first regarding any billing concerns before initiating a card dispute. Improper chargebacks may be contested using signed invoices, delivery records, photos, and communications.

Unpaid Balances

Customer remains liable for unpaid balances, bank fees, collection costs, and interest at 1.5% per month (or the maximum lawful rate). In any dispute or action arising from a transaction, the prevailing party is entitled to recover reasonable attorney fees and costs to the extent permitted by law.


10

Proposition 65 Notice (California)

⚠ California Prop 65 Warning

Cabinets, countertops, stone, tile, adhesives, sealants, and related products sold by Apex can expose you to chemicals including crystalline silica (from cutting and fabricating stone), formaldehyde (from wood products), and other substances known to the State of California to cause cancer, birth defects, or reproductive harm.

For more information, visit www.P65Warnings.ca.gov


11

Fabrication, Installation & Worker Safety

🛡 Materials Supplier — Scope of Responsibility

Apex Granite Outlet operates exclusively as a materials supplier. We do not fabricate, cut, grind, polish, or install any stone product sold through our showrooms or website. All cutting, fabrication, and installation of stone materials purchased from Apex is the sole responsibility of the buyer, contractor, or installer.

Buyers, contractors, and installers are responsible for ensuring full compliance with all applicable federal, state, and local occupational health and safety regulations, including but not limited to:

Regulation Status / Effective Date
Cal/OSHA Section 5204 — Respirable Crystalline Silica Standard (Permanent) Effective February 2025
California STOP Act (SB 20) — Silicosis Training, Outreach and Prevention Act. Bans dry-cutting; mandates shop certification; classifies silicosis as serious injury under Labor Code Effective January 1, 2026
Federal OSHA 29 CFR 1910.1053 — Respirable Crystalline Silica (General Industry) In Effect
📚 Educational Safety Resource — English & Spanish

Apex Granite Outlet has made a comprehensive, bilingual (English/Spanish) educational safety resource available to all customers and trade partners, covering Cal/OSHA STOP Act requirements, required personal protective equipment (PAPR respirators), silicosis symptoms, and worker rights:

apexgraniteoutlet.com/pages/stone-worker-safety

The provision of these educational resources does not create any legal duty, warranty, or liability on the part of Apex Granite Outlet with respect to fabrication or installation activities conducted by third parties.

⚖ Limitation of Liability — Fabrication & Installation Safety

Apex Granite Outlet bears no responsibility for any injury, illness, or damages arising from the fabrication, cutting, grinding, polishing, or installation of materials sold by Apex Granite Outlet, including but not limited to silicosis or other occupational lung diseases resulting from respirable crystalline silica exposure during processing or installation.

Customer, contractor, and installer acknowledge that stone fabrication and installation activities involve occupational health risks regulated by California and federal law, and that compliance with all applicable safety regulations is solely the obligation of the party performing such work.


12

Legal Terms

California law governs all transactions. Venue for any dispute shall lie, at Apex's election, in Los Angeles County, San Diego County, Kern County, or Fresno County, California.

Apex is not liable for delays caused by supply chain disruption, port congestion, customs, factory shutdowns, weather, labor actions, or other events outside its reasonable control.

This invoice and any signed agreements constitute the entire agreement between the parties; verbal statements by sales staff are not binding. No modification is effective unless in writing and signed by Apex.

If any provision is held unenforceable, the remaining provisions remain in full effect. Customer may not assign rights under this agreement without Apex's written consent.