Please take time to read the following in its entirety to completely understand the terms of service. You are solely responsible for reviewing our terms and service prior to submitting request to have work performed. Once a service request is submitted and or a deposit is collected you herby agree to the following terms of service.

Welcome to the Apex Auto Care web site. By using the Apex Auto Care web site YOU AGREE TO BE BOUND BY ITS TERMS OF SERVICE (explained below), LEGAL NOTICES, PRIVACY POLICY and all disclaimers and terms and conditions that appear elsewhere on the Apex Auto Care web site. The policies of Apex Auto Care service center will not differ from those applicable to your use of the Apex Auto Care web site.

References to Apex Auto Care herein refer to Apex Auto Care or their affiliates, subsidiaries and designees as deemed appropriate by Apex Auto Care.

Apex Auto Care reserves the right to make changes to the Apex Auto Care web site and its Terms of Service and Legal Notices at any time. Each time you use the Apex Auto Care web site, you should visit and review the then current Terms of Service, Legal Notices and Privacy Policy that apply to your transactions and use of this site. If you are dissatisfied with the Apex Auto Care web site, its content or Terms of Service and Legal Notices, you agree that your sole and exclusive remedy is to discontinue using the Apex Auto Care web site.

Tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited.

DISCLAIMERS AND LIMITATION OF LIABILITY

By using the Apex Auto Care web site, you expressly agree that use of the Apex Auto Care web site is at your sole risk. The Apex Auto Care web site is provided on an “AS IS” and “as available” basis. Neither Apex Auto Care nor its parent company, affiliates, subsidiaries or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, “Associates”) warrant that use of the Apex Auto Care web site will be uninterrupted or error-free. Neither Apex Auto Care nor its Associates warrant the accuracy, integrity or completeness of the content provided on the Apex Auto Care web site or the products or services offered for sale on the Apex Auto Care web site. Further, Apex Auto Care makes no representation that content provided on the Apex Auto Care web site is applicable to, or appropriate for use in, locations outside of the United States. Apex Auto Care and its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by Apex Auto Care or its Associates shall create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you.

Under no circumstances shall Apex Auto Care or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the Apex Auto Care. Web site, including but not limited to reliance by you on any information obtained from the Apex Auto Care web site that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of Apex Auto Care has been advised of or should have knowledge of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through the Apex Auto Care web site. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

FEES, TERMS OF SERVICE, AND PAYMENT

The fee for our service is the agreed dollar amount, indicted as “Total Cost” on the service order. The term of service is for the amount of time reserved by us to complete the “job” you requested and not for any specific outcome. The amount of time reserved is an estimate since the condition of each vehicle varies. It is possible that the job could be less or more time than the time reserved. If you have extra/special requests, please let us know at the time the service order is written.

Any alterations or changes after the initial service order has been issued with be at an extra charge. Any alterations or charges to the initial service order must be approved in writing between you and Apex Auto Care before any extra work begins. Any changes to fees and/or time, be it verbal or in writing, will not affect the substance of this agreement and all the terms herein will still apply with the new rate and/or time. A 50% deposit is required at the time you book your appointment and hold that time for you. The balance is due in full on the scheduled service date. We accept cash, checks and major credit cards (Visa, MasterCard, Discover,). For accounting purposes, please write cashiers checks payable to Apex Auto Care. Please do not leave any payments in the vehicle. A fee of $30 will be charged for non-sufficient funds check returned by the bank to us. In the event an account requires legal or collection action, you agree to pay all cost of the collection without limitations for reasonable attorney fees, interest on the past due amount, court costs, and all collection costs.

PAST DUE OR OPEN INVOICES

Customer understands that all payments are to be made prior to the release of vehicle to the owner. Any invoices that go unpaid over 15 days will receive a late fee penalty, after the first 15 days past due with a email sent out to inform of a past due amount. Late fee penalties are $250 every 15 days the invoice goes unpaid beyond the completion date until paid in full.

I understand Texas Property Code 70-001, repaired vehicles may be repossessed for returned checks, credit card charge backs or credit card stop payments. You will also be liable for cost of the repossession fees or other incurred expenses by signing below you have read this work order and agree and agree for Apex Auto Care to perform services on your vehicle.

CANCELLATIONS AND REFUNDS

All sales made through the Apex Auto Care’s website or retail locations are subject to Apex Auto Care’s refund policy. We do not offer refunds for any service rendered by if you are unsatisfied with Apex Auto Care or the outcome of your service, we may fully or partially re-perform the ordered service at our discretion. Apex Auto Care reserves the right to determine whether or not our services performed meet quality standards across the industry. Labor and material is not refundable under any circumstances.

Services by Apex Auto Care is by appointment only. As a result, it is required to put down a credit card to reserve a specific time. The time reserved for cancelled services can be difficult to fill within 48 hours of the scheduled service.

Accordingly, cancellations within 48 hours before the scheduled service are subject to a $400.00 cancellation fee. That fee may be taken out of any deposit.

Cancellations within 24 hours before the scheduled service are subject to forfeiture of the entire deposit and at our discretion can be credited to the individual to be used at a later date. Deposits are 50% of the total amount and are non-refundable.

VEHICLE STORAGE FEES

We have limited space at Apex Auto Care, as such, your vehicle will be subject to a $75 per day storage fee, before and after the service is provided. You agree to this storage fee.

DAMAGE OR LOSS, INSURANCE

i. The Owner shall be responsible for ensuring that appropriate motor vehicle insurance coverage, including physical damage coverage, is enforce and effect for the term of this Contract and shall provide proof of such coverage. If the Owner does not maintain appropriate motor vehicle insurance coverage for the Vehicle for the duration of the term of this Contract, Apex Auto Care will in no event be liable to the Owner for damage to the Vehicle.

ii. Apex Auto Care shall not be liable for consequential, indirect, special, incidental or punitive damages under any circumstances.

iii. Apex Auto Care will not be liable for loss or damage occasioned by gradual deterioration of the Vehicle due to exposure to the elements, nor for loss or damage caused directly or indirectly by terrorist acts, invasion, insurrection, riot, civil war, or by military or usurped power or by order of any government or governmental authority or any other circumstance beyond Apex Auto Care control.

iv. Apex Auto Care shall not be responsible for the loss of or damage to the Vehicle, or injury to persons occurring in or about the Vehicle, by reason of use or operation of the Vehicle by the Owner or other persons not employed by Apex Auto Care, or by reason of the acts, omissions or negligence of the Owner or other persons in and about the Vehicle.

DETERMINING THE COST OF YOUR SERVICE

Apex Auto Care must conduct a consultation with you and see the vehicle before we can provide you the total cost and estimate of time AND before we accept a job. We reserve the right to adjust any over-the-phone cost or time estimate after we have visually inspected your vehicle before or after the service has started. A written estimate is good for 5 days. An estimate is not binding beyond 5 days of the date of the estimate OR if the vehicle condition changes between the time the vehicle was inspected and scheduled appointment.

QUALITY OF SERVICE

We want you to be satisfied with our service. We are the best automotive care and protection service in North Houston, however we are not perfect. No service
offered are guaranteed to completely restore the vehicle to any previous or new condition. We will try our absolute best to restore the vehicle to the best condition possible and with in the constraints of our resources, time, and expertise. If, after the final inspection, you find our service unsatisfactory, please address your concern before accepting the service as complete and leaving the Apex Auto Care retail location with your vehicle. Apex Auto Care will not be held liable for any concerns after after accepting the service as complete or if you did not complete the final inspection with us.

PRE-EXISTING CONDITION AND DAMAGE

“I HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS “Apex Auto Care”, ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AGENTS, SUCCESSORS AND
ASSIGNS FROM ANY AND ALL CLAIMS I AND ANY ATTENDING FAMILY OR CHILD UNDER MY GUARDIANSHIP, MAY HAVE ARISING OUT OF PARTICIPATION IN THE VOLUNTEER ACTIVITIES, REGARDLESS OF WHETHER SUCH LIABILITY MAY ARISE SOLELY OUT OF NEGLIGENCE OR CARELESSNESS ON THE PART OF “Apex Auto Care” AND ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AND AGENTS, INCLUDING STRICT LIABILITY. “You agree to hold Apex Auto Care harmless for any damage or claims whatsoever to the vehicle, regardless of whether such damage or claims arise solely out of negligence or recklessness on the part of Apex Auto Care while in in our care.”

PREPARING YOUR VEHICLE

Prior to our arrival, please removal all items from the vehicle. Please empty any compartments. Please removal all cash, jewelry and other valuables. If for any reason you do not want a particular area of your vehicle to be cleaned or detailed, please let us know before we begin a job. We will package any personal items we find while servicing your vehicle into plastic bags and remove them from the vehicle. We will return the items to your vehicle once were finished. You agree to not hold us responsible for damage or loss to any item left inside or outside the vehicle. “You agree to hold Apex Auto Care harmless for any lost or stolen property from the vehicle while in our care.”

WHAT WE WILL NOT DO

Remove the spare tire. Pressure wash engines. Pull out seats. Reinstall any child safety seat.

COST OF TIME

Apex Auto Care provides high quality, well trained professional services. As such, at a minimum, we both agree that Apex Auto Care’s technicians time is worth $200 per hour. 

WINDOW FILM TERMS AND CONDITIONS

DRYING TIME

Your new window film will take 3-5 days before you can roll your windows down. It will take 2-3 weeks to fully cure depending on weather conditions.

BLACK DOT MATRIX

Most cars have a black ceramic edge on the side, rear windows and windshields. Sometimes this ceramic edge is flat and other times its dotted. These thick dots on most cars and prevent the window film from sticking to the area between the dots which results in a white looking edge. This is completely normal and unavoidable.

WINDOW FILM REMOVAL

Window film removal may cause the window defroster to be damaged by Authorizing Apex Auto Care to proceed with the window film removal the customer hereby acknowledges the risk involved and waives any claims against Apex Auto Care and agrees to hold Apex Auto Care harmless in the event that damage does occur during the removal process.

IMPERFECTIONS

Although we strive for perfection in our window film installations, due to the nature of the product, some degree of dust or contamination and or minor imperfections are present in every window film application. Also pre existing flaws and or scratches are often much more noticeable after the windows are tinted. Older vehicles will have more imperfections due to its age.

WINDSHIELD FILM APPLICATION

There will be minor imperfections on every windshield installation It will be easier to see due to the film being installed on the front windshield. Do not apply any cleaners or windshield accessories on the windshield for 7 days. There is no refund and warranty coverage on the rainbow effect due to polarized glasses of any kind

SUNROOFS

Sunroofs are not recommended for window tint. By authorizing Apex Auto Care to proceed with the headlight film application, customers hereby acknowledge the risk and waives any claims against Apex Auto Care and agrees to hold Apex Auto Care harmless in the event that damage does occur during the installation process.

TEXAS LAW

Texas law requires the driver and passenger front side windows to meter at or above 35%VLT. Texas law allows a clear (un tinted) UV film may be installed on the front windshield. Customers installing VLTs not approved by Texas Law release any and all liabilities from Apex Auto Care.

WARRANTIES

Your warranties will cover bubbling, peeling, fading, yellowing during the warranty period on the warranty card. Apex Auto Care doesn’t cover ordinary wear and tear, or damage caused by improper use or accidents. All warranties set forth herein are not conveyed to Owner

PAINT PROTECTION FILM TERMS AND CONDITIONS

DRYING TIME

Your new paint protection film will take 3-4 weeks to fully cure depending on weather conditions. Do not wash the vehicle for 5 days. Do not take your vehicle through a automated drive through car wash for 30 days. Wrapped vehicles should be back for an inspection within 2 weeks.

CONDITION OF VEHICLE FOR PAINT PROTECTION FILM APPLICATION

Vehicles cannot have any type of coatings on the finish. These can affect the effectiveness of eh adhesion and may cause lifting, bubbles, and other issues which are not covered under mfg. warranties. Client is aware that the design of the paint protection film is for OEM factory paint. The client waives and releases Apex Auto Care from any warranty or damage claims where a product has been applied to a non-OEM painted surface.

INSTALLATION

Some of our paint protection kits are computer cut using special cutting software. Precut kits involve stopping short of an edge, edges around badges, washers and corners. The customer understands that the paint protection film is a sacrificial layer for your car and not a complete invisible layer. Customers may choose to have a custom design fit or bulk install for an additional fee. Our standard paint protection film install is a plotter cut. 

HEADLIGHTS

Headlights are not recommended for paint protection film due to HID features and some exterior coatings on the lens themselves. By authorizing Apex Auto Care to proceed with the headlight film application, customers hereby acknowledge the risk and waives any claims against Apex Auto Care and agrees to hold Apex Auto Care harmless in the event that damage does occur during the installation process.

PAINT PROTECTION FILM REMOVAL

Paint Protection Film removal may cause damage to the paint. By authorizing Apex Auto Care to proceed with the removal, the customer hereby acknowledges the risk and waives any claims against Apex Auto Care and agrees to hold Apex Auto Care harmless in the event that damage does occur during the removal process.

IMPERFECTIONS

Although we strive for perfection in our installations, due to the nature of this product, some degree of dust contamination and or minor imperfections are present in every Paint Protection Film application. Also, Pre- existing flaws, such as scratches, rock chips, debris in the paint, debris in the clear coat, miss aligned body panels, sanding marks are much more noticeable after the paint protection film is applied. Paint Protection Film will have minor imperfections such as slight orange peel and may also include other manufacturing defects from. Vehicles with 200 or more miles may have more imperfections due to mileage and use. We encourage all prospects, customers and website users to read our PPF Expectations Disclaimer to have a clear understanding of what PPF is and is not prior to hire Apex Auto Care for paint protection film installation services.

WARRANTIES

Your warranties will cover by STEK. Please follow the link for warranty coverage. STEK PPF Warranty.

PHOTO RELEASE AUTHORIZATION PERMISSION

I agree that Apex Auto Care may use such photographs of me and my property with or without my name and for any lawful purpose, including for example such purpose as publicity, illustrations, advertising, website use and social media content.

NON-DISPARAGEMENT AND NON-DEFAMATION

I agree to not disparage or defame Apex Auto Care or their affiliates, subsidiaries and designees. For the purpose of this section, “disparage” shall mean any negative statements, reviews, comments, or feedback, whether written or oral about Apex Auto Care. Accordingly, in lieu of actual damages for such, I agree that liquidated damages may be assessed and recovered by Apex Auto Care. Breaching party and its Surety, in the event of a breach of this non-disparagement and non-defamation agreement shall be liable to Apex Auto Care for payment of liquidated damages. Apex Auto Care reserves the right to assess minimum liquidated damages in the amount of One Thousand Five Hundred Dollars ($1,500) per occurrence. Such liquidated damages are intended to represent estimated actual damages and are not intended as a penalty. Breaching party shall pay the assessed damages to Apex Auto Care, without limiting Apex Auto Care’s right to terminate its services for default as provided elsewhere herein.

ERRORS ON OUR SITE

Prices and availability of services are subject to change without notice. Errors will be corrected where discovered, and Apex Auto Care reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Apex Auto Care will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.

INTERNET, GOOGLE AD WORDS EXPRESS, BING AD WORD, YELP, FACEBOOK, TWITTER, YP, AND YAHOO

The Aforementioned sites generally allow limited space in ads, and generally not enough space to list exclusions or some information needed to list what is not applicable in reference to listed add or ads. Apex Auto Care Reserves the right to cancel ads without prior notice, and Reserves the Right to Refuse Service.

ONLINE PRICING POLICY

Online prices and selection generally match those in our service center, but may vary. Prices and offers are subject to change.

SALES TAX POLICY

Apex Auto Care collects and remits sales tax as required by U.S. law, for transactions in our service center.

PAYING FOR YOUR ORDER

You may pay for your orders with Apex Auto Care gift cards, our electronic digital coupons and with a major credit cards issued in the United States of America. Currently, we accept Visa, MasterCard, Discover and American Express.

Generally, credit and debit card are not charged until either you drop-off and pick-up the vehicle in person or confirm on the web site the service you wish to purchase.

Digital coupons are not redeemable toward the purchase of Apex Auto Care gift cards.

USING PROMOTIONAL CODES

Using Promotional Codes Unlike credit or debit cards, Promotional Codes used on Digital Coupons are debited at the time an order is placed. Digital Coupons will automatically be redeemed to purchase totals, up to the total purchase amount. Digital Coupons must be used prior to their noted expiration date and within a single transaction. Coupon cannot be replaced if it is lost, stolen, deleted, or if you cancel or return your purchase. In the event of a reduction in price below the coupon value, the excess value of the coupon will not be refunded. For more information, see Digital Coupons in our Help section and review details of each respective Digital Coupon offer.

USING GIFT CARDS

Gift cards, unlike credit or debit cards, are debited at the time an order is placed. Gift cards will automatically be redeemed to purchase totals, up to the total purchase amount. In the event the total purchase amount exceeds the value of the gift card, you will be  required to use another gift card or a credit or debit card to pay the difference. Any amount charged to a credit or debit card will be treated as set forth above. In the event of a partial return of an order using both a gift card and a credit or debit card, returned amounts shall first be credited to the credit or debit card, and any remaining balance will be credited back to the gift card. See our Help section for more details about returns.

VALIDATING YOUR ORDER

After you place an order using our shopping cart, we will check the information you give us for validity, by verifying your method of payment or pick-up address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order.

Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.

ORDER ACCEPTANCE/ CONFIRMATION

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Apex Auto Care web site reserves the right at any time after receipt of your order to accept or decline your order for any reason.

SHIPPING POLICY

Shipping will be paid by the customer both for initial purchase and for ordinary returns. If a product is returned because it is defective,  Apex Auto Care will pay the return shipping.

ORDER LIMITATIONS

We reserve the right to reject any order you place with us, and/or or to limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the e-mail address you gave us when you placed the order.

MEMBER SUBSCRITIONS

All membership subscriptions will be billed on sign-up date, and re-billed on the day of the sign-up date for the following month. Thirty (30) days of notice is required to cancel a membership. Cancellation can be done by calling Apex Auto Care at 281-524-6694 or by editing your profile. There are no refunds for membership subscriptions.

ORDER LIMITATIONS/LIMITED QUANTITIES

Apex Auto Care may, at its own discretion, limit or cancel quantities purchased per person, per household or per order. Apex Auto Care also reserves the right to reject any order you place with us. These restrictions may include orders placed by the same Apex Auto Care web site account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made. Apex Auto Care reserves the right to limit or prohibit sales to dealers.

TERMINATION OF USE

Apex Auto Care may, in its sole discretion, terminate your account or your use of the Apex Auto Care web site at anytime. You are personally liable for any orders that you place or charges that you incur prior to termination. Apex Auto Care reserves the right to change, suspend or discontinue all or any aspects of the Apex Auto Care web site at any time without prior notice.