Terms & Conditions

Apex Karts — Terms & Conditions of Sale

Last Updated: 24 May 2026

1. About These Terms

1.1 These Terms & Conditions ("Terms") govern all purchases of products from Apex Karts (ABN 77 636 173 307), a business registered in Australia, with its registered address at .

1.2 By placing an order with Apex Karts, you agree to be bound by these Terms. Please read them carefully before purchasing.

1.3 These Terms are subject to the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). Nothing in these Terms excludes, restricts, or modifies your statutory rights under the Australian Consumer Law where such exclusion, restriction, or modification would be unlawful.

2. Definitions

  • "Apex Karts", "we", "us", "our" means the business trading as Apex Karts.
  • "Customer", "you", "your" means the person or entity purchasing a Product.
  • "Product" means any electric mini replica car sold by Apex Karts.
  • "Order" means a confirmed purchase request submitted by you through our website.
  • "Production Period" means the period between Order confirmation and dispatch, approximately 25–30 days.
  • "ACL" means the Australian Consumer Law.
  • "Website" means www.apexkarts.com.au (or such other domain as notified).

3. The Products

3.1 Apex Karts sells custom-built, adult-sized electric mini replica cars. Available models include (but are not limited to) the P964, F40, AE86, and RX7 variants.

3.2 Each Product is built to order. This means your individual unit is manufactured specifically for you after we receive your confirmed Order and payment.

3.3 Important — Road Legality: (a) Apex Karts products are NOT road-registered vehicles. They are designed and intended for use on private property and enclosed tracks only. (b) Road legality varies between Australian states and territories. It is your sole responsibility to check the legal requirements for operating a vehicle of this type in your state or territory. (c) We make no representation or warranty that any Product is suitable or legal for use on public roads.

3.4 Product specifications, colours, and features are described on our Website to the best of our ability. However, custom builds may vary slightly from displayed images. Minor variations in finish, colour matching, and final specifications are inherent in custom manufacturing and do not constitute defects.

4. Order Process

4.1 Placing an Order: You place an Order by selecting your desired Product, configuration, and completing checkout on our Website.

4.2 Order Confirmation: After you submit your Order, we will send you an Order confirmation email acknowledging receipt. This does not constitute acceptance of your Order.

4.3 Acceptance: Your Order is accepted, and a binding contract is formed, when we send you a Production Confirmation email confirming that your custom build has commenced.

4.4 Pre-Production Review: We may contact you within 24 hours of Order placement to confirm specifications before production begins. If we cannot reach you, production will commence based on the specifications in your Order.

5. Pricing and Payment

5.1 Price: All prices are in Australian Dollars (AUD) and include Goods and Services Tax (GST) where applicable.

5.2 Delivery Included: The stated price includes free door-to-door delivery within Australia.

5.3 Payment: Full payment of the purchase price is required at checkout via Stripe (our payment processor). We accept major credit cards and other payment methods supported by Stripe.

5.4 Payment Security: Your payment is processed securely through Stripe. We do not store your full credit card details on our servers.

6. Cancellation Policy

6.1 24-Hour Cooling-Off Window: You may cancel your Order without penalty within 24 hours of receiving your Order Confirmation email, provided production has not yet commenced.

6.2 To Cancel: Email us at hello@apexkarts.co within the 24-hour window. Your payment will be refunded in full within 5–10 business days.

6.3 Cancellation After Production Commences: Once you receive a Production Confirmation email (indicating your custom build has begun), your Order is non-refundable and cannot be cancelled. This is because each Product is custom-built to your specifications and cannot be resold as a standard item.

6.4 Cancellation by Apex Karts: We reserve the right to cancel any Order at our discretion (e.g., if we cannot source materials, or if specifications cannot be met). In such cases, you will receive a full refund.

7. Manufacturing and Production Timeline

7.1 Production Period: Once your Order is confirmed, production typically takes 25–30 days. This is an estimate, not a guarantee. Delays may occur due to supply chain issues, parts availability, or quality control requirements.

7.2 Communication: We will keep you informed of your build's progress. If significant delays occur, we will notify you promptly.

7.3 No Liability for Delay: To the maximum extent permitted by law, Apex Karts is not liable for any loss or damage arising from delays in production or delivery beyond our reasonable control.

8. Delivery and Risk

8.1 Delivery: We arrange door-to-door delivery Australia-wide using professional freight carriers. Delivery times depend on your location.

8.2 Delivery Address: You must provide a correct, safe delivery address. We are not responsible for failed delivery due to incorrect address information provided by you.

8.3 Risk of Loss: Risk in the Product passes to you upon delivery — when the Product is delivered to your specified address and signed for (or left at premises as per carrier instructions).

8.4 Inspection on Delivery: You must inspect the Product immediately upon delivery. Any visible damage must be noted on the delivery receipt and reported to us within 48 hours.

8.5 Collection: If you arrange your own collection from our premises (or manufacturer's premises), risk passes to you upon collection.

9. Refunds, Returns & Consumer Rights

9.1 Australian Consumer Law (ACL) — Your Non-Excludable Rights

Nothing in this policy excludes, restricts, or modifies your rights under the Australian Consumer Law (ACL) . The ACL provides you with certain non-excludable consumer guarantees — including that goods are of acceptable quality, fit for their intended purpose, and match their description.

If you have a major failure under the ACL (a failure that would have stopped a reasonable person from buying the product, or that cannot be remedied within a reasonable time), you are entitled to: - A refund or replacement; and - Compensation for any other reasonably foreseeable loss or damage.

If the failure is minor and does not amount to a major failure, we will work with you to remedy the issue by repair or replacement at our discretion.

9.2 Because These Are Custom-Built Vehicles

Every Apex Karts product is custom-built to your specifications after you place your order. This means:

  • We cannot resell a completed custom build as a standard item.
  • The standard change-of-mind return that applies to off-the-shelf retail goods does not apply.

9.3 Change of Mind

We do not offer refunds or exchanges for change of mind. Each Product is made specifically for you upon order.

9.4 Cooling-Off — 24 Hours Only

You may cancel your Order within 24 hours of receiving your Order Confirmation email, provided production has not yet commenced (see clause 6 for details).

Once production has commenced, no refunds are available.

9.5 Defective Products

If your Product is delivered with a defect:

(a) Contact us immediately at hello@apexkarts.co with: - Your Order number - A detailed description of the issue - Supporting photos or videos

(b) If the defect amounts to a major failure under the ACL, you may choose a refund or replacement.

(c) If the defect is minor, we will work with you to remedy the issue. Our remedy options include repair or replacement at our discretion, within a reasonable time and at our cost.

9.6 Return Process

To make a claim under this clause, contact us at hello@apexkarts.co. We will assess the issue and provide instructions. We cover reasonable return shipping costs for valid defect claims.

10. Dispute Resolution

10.1 Informal Resolution: If you have any concerns or issues regarding your Order, Product, or these Terms, please contact us at hello@apexkarts.co. We will work with you in good faith to resolve the matter.

10.2 Written Notice: If the matter cannot be resolved informally, you must provide us with written notice detailing the issue, including your Order number, a description of the dispute, and the remedy sought. This must be sent to hello@apexkarts.co within 14 days of delivery of your Product.

10.3 Resolution Period: Upon receiving your written notice, we will acknowledge receipt within 5 business days and endeavour to resolve the dispute within a further 15 business days.

10.4 Escalation: If the dispute remains unresolved after the resolution period, either party may pursue remedies available under the ACL or through the courts of New South Wales, Australia.

10.5 No Waiver of ACL Rights: Nothing in this clause prevents you from exercising your rights under the ACL at any time, including seeking a refund, replacement, or remedy for a faulty product.

10.6 Governing Law: Disputes under this clause are governed by the laws of New South Wales, Australia.

11. Warranty

11.1 Warranty Period: Apex Karts warrants the battery and motor of each Product against defects in materials and workmanship for 12 months from the date of delivery.

11.2 What the Warranty Covers: This warranty covers manufacturing defects in the battery and motor that prevent normal operation of the Product.

11.3 What the Warranty Does Not Cover: (a) Normal wear and tear (b) Damage caused by misuse, neglect, or accidents (c) Damage caused by improper maintenance or storage (d) Damage caused by modifications or repairs by unauthorised persons (e) Damage caused by using the Product on public roads (f) Cosmetic imperfections that do not affect functionality (g) Batteries that fail due to improper charging practices

11.4 Warranty Claim Process: To make a warranty claim, contact us at hello@apexkarts.co with your Order number and a description of the fault. We will assess the claim and advise on the next steps.

11.5 Warranty Remedy: If we accept a valid warranty claim, we will, at our option, repair or replace the defective component free of charge. Shipping costs for warranty repairs are covered by us.

12. Limitation of Liability

12.1 Acknowledgement of Risk: You acknowledge that Apex Karts products are high-speed capable vehicles (up to 80 km/h) that carry inherent risk of injury, property damage, or death.

12.2 No Liability for Use: To the maximum extent permitted by law, Apex Karts and its officers, employees, and agents are not liable for any injury, death, loss, or damage arising from: (a) The use or misuse of any Product (b) Operation of a Product on public roads (where prohibited) (c) Modifications made to a Product after delivery (d) Failure to follow safety instructions

12.3 Limitation of Damages: To the maximum extent permitted by law, our total liability to you for any claim arising out of or relating to these Terms or your purchase of a Product is limited to the amount you paid for the Product.

12.4 Nothing in this clause excludes, restricts, or modifies any right or remedy you have under the ACL which cannot be excluded, restricted, or modified by agreement.

13. Risk Acknowledgement & Liability Waiver

IMPORTANT — PLEASE READ CAREFULLY

This section affects your legal rights. By acknowledging this waiver at checkout, you are giving up certain legal rights, including the right to sue Apex Karts for personal injury, property damage, or death arising from the use of our Products.

Do not purchase or use an Apex Karts product unless you have read and fully understood this section.

13.1 Acknowledgement of Vehicle Nature

By purchasing and/or using an Apex Karts product ("the Vehicle"), you acknowledge and agree that:

(a) The Vehicle is a high-speed capable electric vehicle that can reach speeds of up to 80 km/h (50 mph) .

(b) The Vehicle is NOT road-registered and is NOT designed, manufactured, or approved for use on public roads, footpaths, cycleways, or any public thoroughfare.

(c) The Vehicle is designed and intended for use only on private property and enclosed tracks.

(d) Operating the Vehicle on public roads may be illegal in your state or territory. You are solely responsible for determining the legal requirements applicable to the Vehicle's use in your jurisdiction.

13.2 Assumption of Risk

You expressly acknowledge and voluntarily assume all risks associated with the use and operation of the Vehicle, including but not limited to:

(a) Personal Injury: Serious bodily injury, including broken bones, spinal injuries, traumatic brain injury, paralysis, or death; (b) Property Damage: Damage to the Vehicle, other vehicles, structures, or personal property; (c) Collision: Collision with objects, other vehicles, pedestrians, animals, or persons; (d) Loss of Control: Loss of control due to speed, surface conditions, weather, operator error, mechanical failure, or any other cause; (e) Fire or Explosion: Fire or explosion involving the lithium-ion battery; (f) Burns: Electrical shock or burns from the high-voltage electrical system; (g) Third-Party Harm: Injury or damage caused to third parties or their property.

You understand that these risks exist even if the Vehicle is operated correctly and in accordance with all safety instructions.

13.3 Release and Waiver

To the maximum extent permitted by law, you waive, release, and forever discharge Apex Karts, its officers, directors, employees, agents, contractors, manufacturers, suppliers, and affiliates (collectively, the "Released Parties") from any and all claims, demands, actions, causes of action, liabilities, damages, losses, costs, or expenses (including legal fees) arising out of or in any way connected with:

(a) The purchase, ownership, use, or operation of the Vehicle; (b) Any defect in the Vehicle (except as expressly covered by our warranty in clause 11); (c) Any injury, death, or damage sustained by you or any third party; (d) Any violation of road rules or traffic laws; (e) Any modification or alteration to the Vehicle after delivery.

13.4 Indemnification

You agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or in any way connected with:

(a) Your use or operation of the Vehicle; (b) Your breach of these Terms (including this section 13); (c) Your violation of any applicable law or regulation; (d) Injury or damage caused to any third party by your use of the Vehicle.

13.5 Your Representations and Warranties

By acknowledging this waiver, you represent and warrant that:

(a) You are 18 years or older and have the legal capacity to enter into this agreement. (b) You are purchasing the Vehicle for your own use or, if purchasing on behalf of another person, you have authority to accept this waiver on their behalf. If the Vehicle will be operated by another person, you confirm that you will make that person aware of and obtain their agreement to this waiver before they operate the Vehicle. (c) You understand the Vehicle's capabilities, including its high-speed capacity (up to 80 km/h), and acknowledge the inherent risks. (d) You have read this entire section 13 and understand that you are giving up important legal rights. (e) You are not aware of any physical or mental condition that would impair your ability to safely operate the Vehicle. (f) You will not operate the Vehicle while under the influence of alcohol, drugs, or any substance that may impair judgement or reaction time. (g) You will not permit any person under the age of 18 to operate the Vehicle without direct adult supervision. (h) You will not use the Vehicle on public roads unless you have independently confirmed that it is legal to do so in your jurisdiction and have obtained all required registrations, licences, and permits.

13.6 Safety Recommendations

While you assume all risk of use, Apex Karts strongly recommends that you:

(a) Always wear appropriate safety equipment, including: - A full-face helmet (AS/NZS 1698 compliant or equivalent) - Protective gloves - Closed-toe, sturdy footwear - Long pants and long-sleeved shirt - Eye protection (goggles or visor)

(b) Inspect the Vehicle before each use, checking brakes, steering, tyres, battery charge level, and all fasteners. (c) Operate only in safe environments — level ground, clear of obstacles, traffic, and pedestrians. (d) Never operate at maximum speed unless in a controlled environment with adequate run-off space. (e) Keep children and bystanders at a safe distance during operation. (f) Follow all charging instructions provided with the battery. Never leave the battery charging unattended.

13.7 Acknowledgment of Australian Consumer Law

(a) Nothing in this section 13 excludes, restricts, or modifies any right or remedy you have under the Australian Consumer Law (ACL) that cannot be excluded, restricted, or modified by agreement. (b) The ACL provides you with certain non-excludable consumer guarantees — for example, that goods are of acceptable quality, fit for their intended purpose, and match their description. (c) This waiver operates to the maximum extent permitted by law and is not intended to exclude liability for: - Death or personal injury caused by our negligence (where such liability cannot be excluded by law); - Fraud or fraudulent misrepresentation; - Any liability that cannot lawfully be excluded.

13.8 Acknowledgement at Checkout

By checking the acknowledgment box at checkout, you confirm that:

  • You have read and understood this Risk Acknowledgement & Liability Waiver (section 13);
  • You voluntarily accept and assume all risks described in this section;
  • You release Apex Karts from all liability to the maximum extent permitted by law;
  • You agree to indemnify Apex Karts against claims arising from your use of the Vehicle;
  • You confirm you are 18 years or older and legally capable of entering into this agreement.

If you do not agree to all of the above terms, do not proceed with your purchase.

14. Safety

14.1 You agree to read and follow all safety instructions provided with your Product.

14.2 Recommended safety equipment includes (but is not limited to) a helmet, gloves, and closed-toe shoes. You should assess the operating environment and use appropriate safety gear.

14.3 Children must not operate the Product without adult supervision.

15. Intellectual Property

15.1 All intellectual property rights in the Products, Website content, logos, designs, and brand assets are owned by or licensed to Apex Karts.

15.2 You may not reproduce, distribute, or use our intellectual property without our prior written consent.

16. Privacy

16.1 We collect, store, and use your personal information in accordance with our Privacy Policy, available at www.apexkarts.com.au/privacy-policy.

16.2 By purchasing from us, you consent to the collection and use of your information as described in that policy.

17. General Provisions

17.1 Governing Law: These Terms are governed by the laws of New South Wales, Australia. Each party submits to the exclusive jurisdiction of the courts of New South Wales.

17.2 Entire Agreement: These Terms constitute the entire agreement between you and Apex Karts regarding your purchase and supersede all prior agreements or understandings.

17.3 Severability: If any part of these Terms is held to be invalid or unenforceable, the remaining provisions continue in full force and effect.

17.4 Waiver: Failure by us to enforce any right under these Terms is not a waiver of that right.

17.5 Variation: We may amend these Terms from time to time. Updated Terms will be published on our Website. Your continued use of our Website or placement of a new Order after changes take effect constitutes acceptance of the updated Terms.

17.6 Contact Us: For any questions about these Terms, please contact us at: - Email: hello@apexkarts.co - Phone: - Address:

© 2026 Apex Karts. All rights reserved.