General Terms and Conditions of Sale (B2B)

These General Terms and Conditions ("Terms") govern every quotation issued and every delivery made by APEX Technology GmbH, Brunner Straße 63, Obj. 21, 1230 Wien, Austria ("APEX", "we"). They apply exclusively to entrepreneurs within the meaning of § 1 of the Austrian Commercial Code (UGB): repair businesses, distributors, resellers and other traders. We do not sell to consumers within the meaning of the Austrian Consumer Protection Act (KSchG).

1. Scope and precedence

• These Terms apply to all current and future business with a customer, even if they are not referred to again in a later transaction.
• Purchasing conditions of the customer do not apply, even if we do not expressly object to them, unless we have accepted them in writing.
• Individual agreements set out in our written quotation or order confirmation take precedence over these Terms.

2. Catalogue, quotations and conclusion of contract

• The listings on apexgsm.com are a product catalogue. They are an invitation to request a quotation, not a binding offer. Availability shown on the website is indicative and refers to stock at the time the page was last updated.
• Quotations issued by our sales team are non-binding (freibleibend) unless they state a validity period. Stock named in a quotation is not reserved until we confirm the order.
• A contract is concluded when we send a written order confirmation (e-mail is sufficient) or, if no confirmation is sent, when we dispatch the goods. The order confirmation defines the part numbers, quantities, quality tier and commercial terms that apply.
• Obvious errors in quotations, confirmations or catalogue data (typing errors, a part number assigned to the wrong model) may be corrected by us before delivery; the customer may then cancel the affected line.

3. Product description and quality tiers

Each catalogue item carries a manufacturer part number (for example a Samsung GH82-, Huawei 0235xxxx or Google G949- number) and, where relevant, a quality tier in its name. The tier is part of the agreed specification:

Only items marked Service Pack, ASMBLD, RNW, RPLCD, A GRADE or CHN ORG are warranted to be original manufacturer parts, in the condition stated for the tier (clause 7); of these, only Service Pack items are supplied factory-sealed, and RNW, RPLCD and A GRADE items are not new. Aftermarket tiers (OLED, INCELL, TFT) are warranted to conform to the stated panel technology, not to be manufacturer originals. Product images are illustrative; colour names follow the manufacturer's designation and may differ from the rendering on your screen. Compatibility must be verified by the customer against the part number printed on the part being replaced.

4. Delivery, dispatch and passing of risk

• Deliveries are made from our warehouse in Vienna by tracked courier service. Freight terms are stated in the order confirmation.
• Risk of loss or damage passes to the customer when the goods are handed to the carrier (§ 429 ABGB).
• Delivery dates are estimates unless expressly confirmed as binding in writing. Confirmed orders are typically dispatched after confirmation where stock is available; delays caused by carriers, customs or force majeure do not entitle the customer to damages.
• Partial deliveries are permitted where reasonable for the customer; each partial delivery may be invoiced separately.
• If the customer refuses delivery or supplies an incorrect address, the resulting return and re-dispatch charges are borne by the customer.

5. Retention of title

Delivered goods remain the property of APEX until all claims arising from the business relationship have been settled in full. The customer may resell the goods in the ordinary course of business; claims against its own buyers are assigned to us in advance as security up to the amount of our outstanding claims. Pledging the goods or transferring them by way of security is not permitted while title is retained.

6. Inspection and notification of defects (§ 377 UGB)

The customer must inspect the goods immediately on receipt. Visible transport damage must be noted on the carrier's delivery record. Shortages, wrong part numbers and visible defects must be reported in writing promptly after delivery, within the period stated on the delivery note; hidden defects immediately after discovery. Screens must be tested in the device before the protective films are removed, before adhesive is applied and before the part is finally fitted. An item that has been installed, has had its label or film removed or shows adhesive residue cannot be accepted as a defective delivery. Late or unsubstantiated notices cause the customer to lose its warranty, error and damage claims regarding that defect.

7. Warranty

• APEX warrants that items designated Service Pack are new, factory-sealed original manufacturer parts; that items designated ASMBLD and CHN ORG are original manufacturer parts supplied in the form described in clause 3; that items designated RNW, RPLCD and A GRADE are original manufacturer screens in the renewed, re-glassed or graded used condition described in clause 3 and in fully functional condition; and that all items are free from defects in material and workmanship at the time risk passes.
• The warranty period for traders is the period stated in the quotation and order confirmation and runs from delivery. The presumption of § 924 ABGB that a defect existed at delivery is excluded; the customer must demonstrate that the defect existed at the time of delivery.
• Remedy: at our choice, replacement or credit note. Repair, reduction of the agreed consideration or rescission are available only if replacement fails or is refused.
• Not covered: damage from improper installation, electrostatic discharge, bending or pressure on the panel, torn or creased flex cables, liquid, use of unsuitable tools or adhesives, software or firmware issues, removed or altered labels and serial numbers, and normal wear of adhesives or protective films.
• Recourse under § 933b ABGB for consumer claims passed back along the supply chain is limited to the warranty period above and to the remedies named here.

8. Dead-on-arrival (DOA) returns

• A part that does not function when first tested may be returned as DOA if it is reported promptly after delivery, within the period stated in the order confirmation or on the delivery note, with the order number, the part number, a description of the fault and, where possible, a photo or video.
• Our sales team issues a return authorisation number (RMA). Returns without an RMA, or sent to an address other than the one stated in the RMA, cannot be processed.
• DOA items must be returned complete and in their original packaging (for Service Pack items, the manufacturer's box with the label intact), with protective films in place and no adhesive residue, packed to prevent transit damage.
• Returned items are tested by us. Confirmed DOA items are replaced or credited. Items found to be working, or damaged by handling or installation, are sent back to the customer with the return shipping charged to the customer.
• Goods delivered in accordance with the order (correct part number and quantity) are not taken back unless we agree to it in writing.

9. Liability

• We are liable for intent and gross negligence. Liability for slight negligence is excluded, except for personal injury.
• Liability for consequential loss, loss of profit, loss of data, claims of third parties and the cost of removing and re-fitting parts is excluded to the extent permitted by law.
• Our total liability for any order is limited to the value of that order as stated in the order confirmation.
• Mandatory claims under the Austrian Product Liability Act (PHG) remain unaffected.

10. Trade use, export and compliance

• The customer confirms that it purchases for its own business use or for resale.
• The customer is responsible for compliance with import, customs, product-safety and electrical-waste (WEEE) obligations in the destination country.
• The customer undertakes not to deliver goods to countries, entities or persons subject to EU sanctions.
• Manufacturer names and part numbers are used for identification only; no trademark licence is granted.

11. Payment and set-off

Invoices are payable under the conditions stated in the quotation and order confirmation. In the event of late payment, statutory interest for commercial transactions (§ 456 UGB) and the statutory collection charge (§ 458 UGB) apply. The customer may set off only undisputed or legally established counterclaims and may not withhold payment because of a defect notice concerning a different delivery.

12. Data protection

Personal data of the customer's contact persons is processed as described in our Privacy Policy on apexgsm.com.

13. Governing law, jurisdiction and final provisions

• Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-law rules.
• Place of performance is 1230 Wien. The exclusive venue for all disputes is the court with subject-matter jurisdiction for commercial matters in Vienna; APEX may also bring proceedings at the customer's general venue.
• These Terms are issued in English; the English text is authoritative.
• Should a provision be invalid, the remainder stays in force and the invalid provision is replaced by one that comes closest to its commercial purpose.
• Amendments and side agreements require written form; e-mail is sufficient.

Version 1 October 2026.