LEGAL
Terms and Conditions
Terms of Sale and Service
Last updated: August 2026
1. Scope
These Terms and Conditions govern offers, orders, sales, bespoke commissions and related services supplied by APEX Motion, S. Wurmbrand, a sole proprietorship based in Zürich, Switzerland.
They apply to transactions with private customers and business customers unless an individual written agreement states otherwise or mandatory law requires otherwise.
A business customer is a person or entity acquiring products or services predominantly for purposes connected with a commercial, professional, institutional or other business activity.
Mandatory rights available to consumers under applicable law remain unaffected.
The APEX Motion website is primarily informational and enquiry based. No purchase contract is concluded merely by visiting the website, submitting an enquiry or requesting information.
2. Contract Formation
Website content, conversations, correspondence, product presentations and quotations do not constitute acceptance of an order unless expressly stated otherwise.
A contract is concluded only when APEX Motion has expressly accepted the order in writing through an order confirmation, signed sales agreement or other clear written acceptance and any required initial payment has been received.
APEX Motion may decline an order before acceptance without being required to provide a reason.
No production, procurement, engineering, customization or delivery obligation arises before the contract has been concluded and any payment required to commence work has been received.
3. Contract Documents and Priority
The individual agreement determines the specific product, configuration, price, payment schedule, delivery arrangement and other transaction specific terms.
If documents conflict, the following order of priority applies unless expressly agreed otherwise:
Signed individual sales or bespoke agreement
Written order confirmation
Accepted quotation
These Terms and Conditions
General website information and marketing materials
Only characteristics expressly identified as guaranteed or binding in the applicable contract documents constitute contractual guarantees, subject to mandatory law.
4. Products
APEX Motion supplies electrically powered collector and recreational vehicles, including standard models and individually commissioned builds.
Products may be manufactured or completed specifically for an individual order.
Photographs, videos, renderings, illustrations, samples and website presentations are intended to represent the products as accurately as reasonably possible but may not reproduce every detail of the final delivered product.
Screens, lighting, photography and production processes may affect the appearance of colors, surfaces and finishes.
Reasonable manufacturing tolerances and minor variations that do not materially reduce the agreed functionality, safety, quality or overall character of the product do not constitute defects.
5. Specifications and Performance Information
Dimensions, weight, power, top speed, runtime, range, charging time and other technical or performance information are approximate unless expressly identified as guaranteed in the individual agreement.
Actual performance may vary depending on configuration, rider weight, passenger load, battery state, battery age, ambient temperature, terrain, tires, surface conditions, driving style and other operating conditions.
Published performance figures are not unconditional guarantees of the result achievable in every operating condition.
6. Configuration
Available choices may include seating arrangement, powertrain, exterior color, wheels, finishes, graphics, equipment and other details.
The configuration stated in the applicable order confirmation or individual agreement determines what APEX Motion is required to supply.
The customer is responsible for carefully reviewing the confirmed specification before production begins.
Any requested change after confirmation is subject to acceptance by APEX Motion.
Changes requested after engineering, production, procurement or customization has begun may result in additional costs and changes to the estimated completion date.
7. Technical Changes and Component Substitution
APEX Motion may make reasonable technical changes or substitute components where necessary because of supplier availability, discontinuation, technical development, safety, reliability, regulatory requirements or production considerations.
Any substitute component should provide substantially equivalent or better functionality and quality.
APEX Motion will not intentionally make a substitution that materially changes the agreed appearance, essential performance or principal functionality of the vehicle without informing the customer and, where appropriate, obtaining approval.
8. Bespoke Commissions
Bespoke commissions may involve design, development, engineering, sourcing, prototyping, testing and individual production work.
Feasibility may evolve during the development process.
Preliminary sketches, renderings, concepts and proposals do not constitute a guarantee that every proposed detail can be implemented exactly as initially envisioned.
APEX Motion may modify or reject a requested solution where necessary for technical feasibility, safety, legal compliance or product integrity.
If development reveals that a requested feature cannot reasonably be completed, the parties will seek an appropriate alternative where possible.
Work already performed, commissioned or irreversibly committed remains payable unless mandatory law or the individual agreement provides otherwise.
9. Bespoke Design and Engineering Rights
Unless expressly agreed otherwise in writing, payment for a bespoke vehicle or development project does not transfer ownership of design files, CAD data, engineering drawings, manufacturing files, tooling, technical documentation, methods, concepts or other intellectual property created or used in connection with the project.
The customer acquires ownership of the physical product supplied and the rights expressly stated in the individual agreement.
APEX Motion and its licensors retain their respective intellectual property rights in underlying designs, engineering work, manufacturing methods and documentation.
10. Prices
The applicable price is stated in the quotation, order confirmation or individual agreement.
Prices are stated in the currency specified in the relevant document.
Transportation, customs duties, import taxes, brokerage charges, permits, destination specific taxes and similar external costs are included only where expressly stated.
Any taxes that APEX Motion is legally required to charge will be handled in accordance with applicable law.
Unexpected destination specific governmental charges are borne by the customer unless APEX Motion has expressly agreed to supply the product on terms that include those charges.
11. Payment
The payment schedule stated in the quotation, order confirmation or individual agreement applies.
APEX Motion may require an initial payment before commencing design, engineering, procurement, production or customization.
Payments must be made in cleared funds by the stated due date.
APEX Motion is not required to begin or continue work while an amount due under the relevant order remains unpaid.
The final balance may be required before the vehicle is released, collected or dispatched.
12. Late Payment
If a payment becomes overdue, APEX Motion may suspend design, procurement, production, service, shipment or delivery until the overdue amount has been received.
Estimated completion and delivery dates may be adjusted to reflect delays caused by late payment.
APEX Motion may charge statutory default interest and recover reasonable collection and enforcement costs to the extent permitted by law.
Where legally permitted and after providing any notice or additional payment period required by law, APEX Motion may terminate the affected contract and claim the amounts to which it is legally entitled.
13. Customer Cancellation
APEX Motion does not provide a general voluntary change of mind cancellation right after a contract has been concluded unless expressly agreed.
Where the customer requests cancellation without having a statutory or contractual right to cancel, APEX Motion may agree to cancellation subject to appropriate financial settlement.
APEX Motion may apply payments already received against costs and losses reasonably attributable to the cancelled order, including completed work, engineering, design, materials, components, supplier commitments, administration, transportation, storage and other irreversible expenditure.
If those legitimate claims exceed the amount already paid, the customer remains responsible for the shortfall to the extent permitted by law.
If payments received exceed the amounts properly due following cancellation, the remaining balance will be returned.
Mandatory cancellation and withdrawal rights remain unaffected.
14. Consumer Withdrawal Rights
Swiss law does not generally provide a change of mind withdrawal right for ordinary online purchases.
Where mandatory foreign consumer law grants a withdrawal right, that right remains unaffected.
Certain goods made specifically to an individual consumer specification or clearly personalized may be excluded from a statutory withdrawal right where the applicable law provides such an exception.
The existence of that exception depends on the actual nature of the individual order.
Selection from ordinary standard options alone will not be treated as eliminating a mandatory withdrawal right where applicable law does not permit that result.
Where a mandatory withdrawal right applies, APEX Motion will provide and observe the legally required information and procedure applicable to that transaction.
15. Production and Delivery Dates
Production, completion and delivery dates are estimates unless expressly identified in writing as binding guaranteed dates.
APEX Motion will make reasonable efforts to meet communicated schedules.
Schedules may be affected by customer changes, late customer decisions, late payments, supplier availability, component shortages, transportation, customs procedures, regulatory matters and other circumstances.
A reasonable delay does not by itself entitle the customer to compensation or cancellation unless the applicable contract or mandatory law provides otherwise.
16. Delivery, Collection and Transport
The applicable delivery arrangement will be stated in the individual agreement.
The product may be collected, delivered by or on behalf of APEX Motion, or transported using a third party carrier.
Where a business customer arranges its own carrier, risk may pass when the product is handed to that carrier where permitted by law and agreed in the relevant contract.
For consumer transactions, mandatory rules concerning transfer of risk remain unaffected.
Transportation services supplied by independent carriers are also subject to the carrier’s applicable terms where legally valid.
17. International Sales
APEX Motion may accept orders for delivery outside Switzerland at its discretion.
Unless expressly undertaken by APEX Motion in the individual agreement, the customer is responsible for destination specific import procedures, taxes, duties, permits, registration requirements, insurance requirements and lawful use of the product.
APEX Motion does not guarantee that a product can be registered, licensed or used in every country or jurisdiction.
APEX Motion may decline delivery to a destination where legal, regulatory, logistical or commercial considerations make supply impractical.
Mandatory product safety, conformity and consumer obligations that legally apply to APEX Motion remain unaffected.
18. Failure to Accept Delivery or Collection
When a product is ready, the customer must accept delivery or arrange collection within the agreed period.
If no period has been agreed, the customer should arrange collection or delivery within 10 business days after receiving written notice that the product is ready.
If the customer fails to accept delivery or collect the product without valid reason, APEX Motion may charge reasonable storage, handling, insurance and additional transportation costs to the extent permitted by law.
APEX Motion may provide a final reasonable period for the customer to complete payment and accept the product.
If the customer remains in default after that period, APEX Motion may exercise the remedies available under applicable law, including termination of the contract and, where legally permitted, resale or reallocation of the product.
Amounts received and any resale proceeds may be applied against outstanding amounts, reasonable costs and legally recoverable losses. Any remaining surplus belonging to the customer will be returned. Any legally recoverable shortfall remains payable by the customer.
19. Retention of Ownership
To the extent legally valid, ownership of the product remains with APEX Motion until the purchase price and other amounts due for the relevant order have been paid in full.
Where registration or another formality is required for a retention of ownership arrangement to be effective, the parties will reasonably cooperate in completing that formality.
The customer must not sell, pledge, encumber or otherwise dispose of a product subject to an effective retention of ownership in a manner that prejudices the rights of APEX Motion.
For products exported from Switzerland, the validity and effect of retention of ownership may be governed by the law applicable at the product’s destination.
20. Intended Use and Road Legality
APEX Motion products are specialized collector and recreational vehicles.
Unless expressly confirmed for a specific product in writing, APEX Motion does not represent that a vehicle is homologated, registered, licensed or approved for operation on public roads.
The customer must not assume that road registration or public road use is permitted merely because the vehicle has lights, indicators, a horn or other road vehicle style equipment.
The customer is responsible for ensuring that the vehicle is operated only at locations and in circumstances where its use is lawful.
Unless specifically approved otherwise, appropriate environments may include private property, closed facilities, private tracks, exhibitions and other controlled areas.
21. Safe Operation
Operating a motorized vehicle involves inherent risk and can cause property damage, serious injury or death if used improperly or in unsuitable circumstances.
The vehicle must be operated responsibly and in accordance with all supplied instructions, warnings and limitations.
The customer is responsible for ensuring that operators have sufficient ability, maturity, instruction and supervision for the intended use.
Appropriate protective equipment must be used according to the vehicle instructions, operating circumstances and applicable rules.
A suitable helmet is strongly recommended whenever the vehicle is operated.
The vehicle must not be operated by a person impaired by alcohol, drugs, medication, fatigue or any other condition that materially impairs safe operation.
Rated passenger capacity, weight limits and other operating restrictions must be observed.
22. Inspection on Delivery
The customer should inspect the vehicle promptly following delivery or collection.
Visible transportation damage should be documented immediately and notified to APEX Motion and, where appropriate, the carrier as soon as reasonably possible.
Business customers must inspect the product without undue delay and notify APEX Motion promptly of defects that a reasonable inspection would reveal.
Hidden defects should be reported promptly after discovery.
No contractual notification requirement in these Terms limits mandatory consumer rights.
23. Statutory Defect Rights and Commercial Warranty
Mandatory statutory rights relating to defective goods remain unaffected.
Where APEX Motion provides a separate commercial warranty, that warranty is additional to mandatory statutory rights and does not reduce them.
Unless a different commercial warranty period is expressly stated in the order confirmation, the voluntary APEX Motion commercial warranty period is 12 months from delivery.
Under the commercial warranty, APEX Motion may determine an appropriate remedy, which may include inspection, repair, replacement of an affected component or another reasonable solution.
Any mandatory statutory rights concerning repair, replacement, price reduction, termination or other remedies remain unaffected.
24. Warranty Coverage and Exclusions
The commercial warranty applies to manufacturing defects and defects in supplied components occurring during normal and intended use.
It does not cover conditions caused by:
Normal wear
Normal cosmetic deterioration
Accidents or collision
Misuse or negligent operation
Operation outside the intended environment
Racing or competition unless expressly approved
Overloading
Unauthorized modification
Improper repair
Use of unsuitable charging equipment
Improper battery charging or storage
Failure to follow maintenance or operating instructions
Water, fire, impact, environmental or storage damage not caused by an original defect
Damage caused by third party accessories or components not approved for the vehicle
Wear items and consumable components are not covered merely because they require replacement through normal use.
An exclusion applies only to the extent legally permissible and relevant to the defect claimed.
25. Battery Characteristics
Battery capacity and performance naturally change with age, charge cycles, storage, temperature and use.
Normal gradual battery degradation consistent with the age and use of the battery is not, by itself, a defect under the voluntary commercial warranty.
Damage caused by inappropriate charging, deep discharge, unsuitable storage, excessive temperatures or failure to follow battery instructions may be excluded from warranty coverage where causally relevant.
Mandatory statutory rights remain unaffected.
26. Warranty Claims and Repairs
A customer making a warranty or defect claim should provide a description of the issue and, where reasonably requested, photographs, video, diagnostic information or other information needed to assess the problem.
APEX Motion must be given a reasonable opportunity to inspect and assess an alleged covered defect before repairs for which reimbursement is sought are commissioned elsewhere.
Unauthorized repairs do not automatically eliminate all rights, but APEX Motion is not responsible for additional damage or cost caused by unauthorized or improper intervention.
Emergency action reasonably necessary to prevent personal injury or materially greater property damage is not prohibited by this clause.
Repair location, transportation and other practical arrangements will be determined according to the defect, warranty coverage, customer location and applicable mandatory law.
27. Customer Caused Damage and Paid Repairs
Damage not covered by warranty may be repaired by APEX Motion or an approved service provider where service is available.
The customer is responsible for agreed repair costs, parts, labor, transportation, customs and other reasonable costs associated with non warranty repairs.
APEX Motion may require advance payment before ordering parts or beginning repair work.
28. Spare Parts and Service Availability
APEX Motion will make reasonable efforts to provide technical support and replacement components.
Permanent availability of every original component is not guaranteed.
Where an identical part is no longer available, APEX Motion may offer a compatible or improved replacement where reasonably possible.
No commitment to maintain indefinite parts availability exists unless expressly agreed in writing.
29. Subcontractors and Suppliers
APEX Motion may use manufacturers, engineers, suppliers, logistics providers, service providers and other subcontractors in performing its obligations.
The use of subcontractors does not itself alter the customer’s contractual relationship with APEX Motion.
APEX Motion remains responsible to the extent required by the applicable contract and law.
30. Customer Supplied Designs, Logos and Materials
Where the customer requests the use of a name, logo, artwork, livery, graphic, design or other material supplied or specified by the customer, the customer is responsible for having the rights and permissions necessary for that requested use.
APEX Motion may refuse any requested material where its use could reasonably create legal, regulatory, safety or reputational concerns.
A business customer shall, to the extent permitted by law, reimburse APEX Motion for third party claims and reasonable costs resulting directly from material supplied by that business customer where APEX Motion used the material in accordance with the customer’s instructions.
31. Intellectual Property and Third Party Rights
The APEX Motion name, branding, website content, photographs, graphics, texts and other materials owned by APEX Motion remain protected by applicable intellectual property law.
Purchase of a vehicle does not transfer intellectual property rights in APEX Motion branding, engineering, designs, documentation or manufacturing materials unless expressly agreed.
Third party trademarks, designs and other intellectual property remain the property of their respective owners.
Unless expressly stated in writing, reference to or appearance of any third party brand does not imply sponsorship, authorization, affiliation or endorsement by that third party.
32. Photography, Confidentiality and Portfolio Use
APEX Motion may photograph vehicles and projects for quality control, documentation and internal business purposes.
APEX Motion may use non confidential product imagery for portfolio and promotional purposes provided that personally identifying customer information is not disclosed without appropriate permission.
A customer requiring specific confidentiality concerning a bespoke commission should notify APEX Motion in writing before production.
Any separately agreed confidentiality terms take precedence over this section.
33. Liability
APEX Motion is liable where liability cannot legally be excluded or limited.
Nothing in these Terms excludes liability for intentional misconduct or gross negligence where exclusion is prohibited by law, or any other liability that applicable law does not permit APEX Motion to exclude.
To the extent permitted by law, APEX Motion is not liable for damage caused by unlawful use, misuse, operation contrary to instructions, unauthorized modification, unsuitable operating conditions or other circumstances outside the reasonable responsibility of APEX Motion.
Mandatory product liability and consumer protection rights remain unaffected.
34. Additional Rules for Business Customers
For business customers, to the maximum extent permitted by law:
Liability for indirect or consequential loss, loss of profit, loss of revenue, loss of business, loss of opportunity, production interruption, event cancellation and loss of use is excluded.
Aggregate contractual liability arising from ordinary negligence in connection with an affected order is limited to the amount paid for that order.
Statutory defect remedies may be limited or replaced by the express commercial warranty stated in the relevant agreement to the extent legally permissible.
The business customer may not withhold payment or set off claims unless the counterclaim is undisputed or finally established.
The inspection and notification obligations stated in these Terms apply strictly.
These limitations do not apply where exclusion or limitation is prohibited by mandatory law.
35. Force Majeure
APEX Motion is not responsible for delay or failure caused by circumstances outside its reasonable control.
Such circumstances may include natural disasters, fire, severe weather, war, civil disturbance, governmental measures, import or export restrictions, sanctions, epidemics, major infrastructure failure, transportation disruption, customs disruption, unexpected component shortages or comparable events.
APEX Motion may reasonably extend affected production or delivery schedules.
If performance becomes permanently impossible, the parties’ rights will be determined by the individual agreement and applicable law.
36. Data Protection
Personal data is processed in accordance with the APEX Motion Privacy Policy.
The current Privacy Policy is available separately on the APEX Motion website.
37. Written Agreements and Representations
The customer should rely on the final written contract documents when determining the agreed product, specification, price and commercial terms.
General advertising statements, conversations and informal communications do not constitute a specific contractual guarantee unless incorporated into the applicable contract documents or mandatory law provides otherwise.
Changes to an existing contract must be agreed in writing where required by the contract.
This provision does not exclude liability for fraudulent or legally actionable misrepresentation.
38. Changes to These Terms
The Terms and Conditions applicable to an order are the version accepted in connection with that order.
APEX Motion may amend the website version of these Terms and Conditions for future transactions.
A later website update does not retroactively change an existing contract unless the parties validly agree otherwise or a change is required by law.
39. Severability and Waiver
If a provision of these Terms is invalid or unenforceable, the remaining provisions continue to apply to the extent legally possible.
Failure by APEX Motion to enforce a contractual right on one occasion does not automatically constitute a permanent waiver of that right.
40. Governing Law
These Terms and the contractual relationship are governed by Swiss law to the extent legally permissible.
The United Nations Convention on Contracts for the International Sale of Goods is excluded.
For consumers, mandatory protections of the law applicable to their consumer relationship remain unaffected where they cannot legally be excluded by a choice of law.
41. Jurisdiction
For business customers, the courts at the registered place of business of APEX Motion have exclusive jurisdiction to the extent legally permissible.
Consumers retain any mandatory rights concerning jurisdiction, including rights that cannot validly be waived in advance.
42. Language
The English version of these Terms and Conditions is the primary version.
If translations are made available, they are provided for convenience unless mandatory law requires otherwise or APEX Motion expressly states that another language version is authoritative for a particular contract.
43. Contact
Questions concerning these Terms and Conditions may be directed to:
APEX Motion
S. Wurmbrand
Platzhalterstrasse 1
8000 Zürich
Switzerland
Phone: +41 44 123 45 67