Terms & Conditions
Terms and Conditions of Sale and Website Use
Last updated: September 2026
Overview
This website is operated by Australian Performance Industries Pty Ltd trading as Australian Performance Boxes (“APB”, “Australian Performance Boxes”, “we”, “us” or “our”).
These Terms and Conditions of Sale and Website Use (“Terms”) apply to your use of our website at apboxes.com.au and, where applicable, to products and services purchased from us online, by telephone, by email, through a quotation or invoice, or at our premises.
By using our website or placing an order with us, you agree to these Terms and any policies expressly incorporated into them.
Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or other applicable law.
Our online store is hosted using Shopify.
1. Australian Consumer Law
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law where those guarantees apply.
Nothing in these Terms is intended to exclude, restrict or modify any consumer guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified.
Depending on the circumstances and the nature of a failure, you may be entitled to a repair, replacement, refund, compensation or other remedy under the Australian Consumer Law.
For a major failure with goods, the Australian Consumer Law may entitle a consumer to reject the goods and choose a refund or replacement, subject to the requirements of the Australian Consumer Law.
For a failure that is not major and can be remedied, APB may be entitled to provide an appropriate remedy within a reasonable time.
These Terms must be read subject to those rights.
2. Eligibility and Lawful Use
You must use our website and products lawfully.
You must not:
- use the website for any unlawful or fraudulent purpose;
- interfere with the operation or security of the website;
- introduce viruses, malicious code or other harmful material;
- attempt to gain unauthorised access to our systems;
- scrape, reproduce or commercially exploit our website or its content without permission;
- infringe our intellectual property rights or the rights of another person; or
- provide information that you know is false, misleading or fraudulent.
We may restrict or terminate access to our website where reasonably necessary to protect APB, our customers, our systems or other persons from unlawful, fraudulent, abusive or harmful activity.
3. Product Information
We take reasonable care to ensure that product descriptions, specifications, photographs, dimensions, prices and other information published by APB are accurate.
Product photographs and images are illustrative. Actual colours and finishes may vary due to lighting, photography, screen settings, manufacturing processes, material batches and other reasonable variations.
Minor variations in appearance, colour, finish, dimensions or construction may occur as part of normal manufacturing processes.
Where dimensions are stated, reasonable manufacturing tolerances may apply unless APB expressly agrees in writing to a specific dimension or tolerance.
We may make reasonable non-material changes or improvements to product designs, components or specifications from time to time, provided those changes do not materially reduce the functionality, quality or agreed characteristics of the product.
Nothing in this section permits APB to make a false or misleading representation or limits rights available under the Australian Consumer Law.
4. Vehicle Compatibility and Customer Information
Many APB products are designed for particular vehicles, trays, configurations or applications.
You are responsible for providing complete and accurate information requested by APB, including where relevant:
- vehicle manufacturer;
- vehicle model;
- vehicle year;
- body or cab configuration;
- tray dimensions;
- tray height;
- mounting configuration;
- existing modifications;
- accessories;
- measurements; and
- intended use.
Where APB recommends a product based on information supplied by you, that recommendation necessarily depends on the accuracy and completeness of the information you provide.
APB is not responsible for incompatibility to the extent that it results from incorrect or incomplete information supplied or confirmed by the customer.
This does not affect any responsibility APB has for its own error, representation or failure to comply with an applicable consumer guarantee.
5. Particular Purpose and Customer Requirements
If you require a product to satisfy a particular purpose, dimension, clearance, opening height, load requirement, configuration, vehicle setup or other specific requirement that would not ordinarily be apparent from the product description, you must tell APB about that requirement before confirming your order.
APB may ask for additional information or measurements to determine whether a product is suitable.
Where APB agrees that a product will satisfy a particular disclosed requirement, applicable legal obligations concerning that representation and the Australian Consumer Law continue to apply.
APB is not responsible for a particular requirement that was not communicated to APB before the order was confirmed, except to the extent otherwise required by law.
6. Customer Measurements
Where an order relies upon measurements supplied by the customer, the customer is responsible for ensuring those measurements are accurate.
Customers should not assume dimensions based solely on vehicle model, photographs, previous products or another customer’s vehicle.
Where a product is manufactured, modified or supplied using measurements provided or expressly confirmed by the customer, APB is not responsible for incompatibility caused by an incorrect customer-supplied measurement.
Nothing in this section excludes responsibility for an error made by APB or rights that cannot lawfully be excluded.
7. Quotations
Unless otherwise stated, a quotation is an invitation for the customer to place an order and does not require APB to supply the quoted products until the order is accepted by APB.
Quotations are valid for the period specified in the quotation.
Where no validity period is specified, APB may withdraw or revise a quotation before an order is accepted.
A quotation is based on the specifications and information available when it is issued. Changes requested by the customer may result in revised pricing, lead times or other terms.
8. Orders and Acceptance
Submitting an order does not necessarily constitute acceptance of that order by APB.
An order is accepted when APB confirms acceptance or otherwise clearly communicates that the order has been accepted.
An automated acknowledgement confirming that APB has received an online order does not necessarily constitute acceptance if it is identified as an acknowledgement only.
APB may decline an order before acceptance for legitimate reasons, including:
- stock unavailability;
- an obvious pricing or listing error;
- inability to fulfil the requested specifications;
- suspected fraud or unauthorised payment;
- delivery restrictions;
- legal or regulatory restrictions; or
- circumstances in which accepting the order would be unlawful or impracticable.
Where APB has received payment for an order that it does not accept, APB will refund the applicable amount.
9. Prices and GST
Unless otherwise stated, prices displayed to Australian consumers include GST where GST is applicable.
Prices may change from time to time.
A price change does not retrospectively alter the agreed price of an order that has already been accepted, except where the parties agree otherwise or where permitted by law.
Freight, installation, accessories and other charges may be additional unless expressly included in the quoted or advertised price.
10. Pricing and Listing Errors
We take reasonable steps to ensure pricing and product information is accurate.
Occasionally, genuine typographical, technical or administrative errors may occur.
If APB identifies an obvious pricing or listing error before accepting an order, APB may correct the error and give the customer the opportunity to place the order at the correct price.
If APB identifies an error after purported acceptance, APB will deal with the matter reasonably and in accordance with applicable law.
Nothing in this section permits APB to engage in misleading or deceptive conduct.
11. Sale and Promotional Pricing
Sale, promotional and special pricing applies only during the applicable promotional period and subject to the stated conditions of the promotion.
Unless APB expressly agrees otherwise, a customer who placed an order before a promotion commenced is not entitled to have a subsequent promotional price retrospectively applied to that order.
A customer is not entitled to cancel and repurchase an existing confirmed order solely to obtain a later promotional price unless APB agrees to cancellation under our Purchase, Order Cancellation and Change of Mind Policy.
12. Payment
Payment must be made in accordance with the terms specified by APB for the relevant order.
Depending on the transaction, APB may require:
- full payment at the time of order;
- a deposit;
- progress payments;
- payment before dispatch; or
- payment before collection.
APB is not required to dispatch, release or permit collection of goods until amounts then due have been paid in cleared funds.
Where a payment is dishonoured, reversed, charged back or otherwise not successfully received, the relevant amount remains owing unless the reversal results from APB’s breach or another lawful entitlement of the customer.
13. Deposits and Part Payments
A deposit or part payment confirms the customer’s commitment to an order and may be applied towards costs incurred by APB in fulfilling that order.
A deposit is not automatically refundable merely because a customer changes their mind.
Where APB agrees to a cancellation that is not required by law, amounts already paid may be applied towards APB’s reasonable costs and losses arising from the cancellation, to the extent permitted by law.
If the amount already paid exceeds the amount APB is lawfully entitled to retain, the balance will be refunded.
Nothing in this section limits any refund or other remedy required by the Australian Consumer Law.
14. Order Changes
Requests to alter a confirmed order must be made as soon as possible.
Changes are subject to APB’s approval and may not be possible after materials or products have been ordered, allocated, manufactured, painted, powder coated, modified, assembled or prepared.
An approved change may affect:
- price;
- materials;
- labour;
- freight;
- specifications; and
- estimated completion or delivery dates.
APB will advise the customer of material additional charges associated with an approved change before proceeding where reasonably practicable.
15. Order Cancellation and Change of Mind
APB does not provide refunds, exchanges or cancellations for change of mind unless APB expressly agrees otherwise.
Cancellation requests are governed by APB’s Purchase, Order Cancellation and Change of Mind Policy.
Where APB voluntarily accepts a cancellation, APB may recover or deduct reasonable costs and losses arising from the cancellation to the extent permitted by law.
Nothing in this section affects rights available under the Australian Consumer Law.
16. Custom, Special Order and Modified Products
Products that are custom made, specially ordered, manufactured, fabricated, modified, painted, powder coated, assembled or configured specifically for a customer may not be able to be cancelled once procurement or work has commenced.
This may include:
- custom trays;
- custom canopies;
- custom dog boxes;
- custom dimensions;
- custom colours;
- powder coated products;
- specially sourced products;
- modified products;
- products prepared for a particular vehicle; and
- specially sourced components or accessories.
Where APB agrees to cancellation of such an order, the customer may be responsible for APB’s reasonable costs and losses arising from the cancellation to the extent permitted by law.
Nothing in this section limits Australian Consumer Law rights.
17. Clearance, Run-Out, Seconds and Ex-Display Products
Products identified as clearance, run-out, discontinued, superseded, seconds, ex-display or otherwise specially reduced are final sale for change of mind purposes.
APB does not provide change of mind refunds, exchanges, store credits or cancellations for these products.
Where a particular defect, cosmetic imperfection, damage, missing component or other condition is specifically disclosed to the customer before purchase, the customer may not be entitled to a remedy in respect of that particular disclosed issue where permitted by the Australian Consumer Law.
The fact that a product is discounted, clearance, seconds or ex-display does not otherwise remove applicable Australian Consumer Law rights.
18. Lead Times
Manufacturing, preparation, availability, dispatch and delivery dates provided by APB are estimates unless APB expressly agrees in writing that a particular date is guaranteed.
Lead times may be affected by supplier availability, manufacturing, freight, material shortages and other circumstances.
APB will take reasonable steps to supply products within an agreed timeframe or, where no timeframe is agreed, within the timeframe required by applicable law.
If a significant delay occurs, APB will deal with the customer’s rights in accordance with the contract and applicable law.
19. Delivery and Freight
The customer must provide accurate and complete delivery information.
APB may use third-party freight, courier and transport providers.
Delivery timeframes provided by APB or a carrier are estimates unless expressly guaranteed.
The customer must provide reasonable access for delivery of the goods and comply with reasonable delivery requirements notified before delivery.
Additional costs caused by incorrect delivery information, failed delivery attempts or unreasonable inability to accept delivery may be payable by the customer where those costs were reasonably incurred and are permitted by law.
Nothing in this section limits rights relating to delayed, lost or damaged goods that cannot lawfully be excluded.
20. Inspection and Notification Following Delivery
Customers must inspect delivered goods promptly after receiving them.
If goods appear to have been damaged, are missing components, or do not appear to correspond with the order, the customer must notify APB’s head office by email at info@apboxes.com.au within 24 hours of receiving the goods.
The notification email must include:
- the order number;
- clear photographs of the goods, packaging and any visible damage or issue; and
- the location or address where the goods were delivered.
Customers should retain the packaging and any damaged components until APB has had a reasonable opportunity to investigate the matter.
The 24-hour notification requirement assists APB in investigating delivery and freight issues promptly. It does not exclude, restrict or modify any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or other applicable law.
21. Collection of Goods
Customers collecting goods must comply with reasonable collection procedures.
APB may request information reasonably necessary to verify the identity or authority of a person collecting an order.
Where another person collects goods on behalf of the customer, the customer is responsible for ensuring that person is authorised to do so.
APB may retain reasonable evidence that goods have been collected, including the name or signature of the person collecting the order and other information reasonably required to document collection, subject to our Privacy Policy.
22. Uncollected Goods
Customers must collect goods within the agreed timeframe or, if no timeframe is agreed, within a reasonable period after being notified that the goods are ready.
If goods remain uncollected, APB may provide notice requesting collection.
APB may charge reasonable storage, handling or other costs actually incurred as a result of goods remaining uncollected where permitted by law and where the customer has been given reasonable notice.
Any disposal or other dealing with uncollected goods will be undertaken in accordance with applicable law.
23. Title to Goods
To the extent permitted by law, title to goods supplied by APB does not pass to the customer until APB has received payment in full for those goods.
This provision does not affect any non-excludable rights under applicable law.
Where relevant to a commercial transaction, APB may have additional rights under applicable personal property securities legislation.
24. Installation and Fitment
Where APB supplies a product without installing it, the customer is responsible for ensuring that installation is carried out correctly and, where appropriate, by a suitably qualified or competent person.
Installation must comply with applicable instructions, specifications and legal requirements.
APB is not responsible for loss, damage or product failure to the extent caused by:
- incorrect installation by a customer or third party;
- failure to follow applicable installation instructions;
- improper mounting;
- unauthorised structural alteration;
- incorrect electrical installation;
- misuse; or
- modifications made after supply.
Where APB performs installation, APB remains responsible for that installation in accordance with applicable law.
Nothing in this section excludes rights or remedies that cannot lawfully be excluded.
25. Modifications After Supply
Customers should contact APB before making significant structural modifications to APB products.
Drilling, cutting, welding, electrical modification, structural alteration or other modification may affect product performance.
A modification does not automatically remove all warranty or statutory rights. However, APB will not be responsible for a failure or damage to the extent it was caused or contributed to by an unauthorised or inappropriate modification.
26. Loads, Weight and Safe Use
Customers are responsible for operating vehicles and APB products within applicable legal load limits and manufacturer requirements.
Payload and vehicle capacity can be affected by trays, canopies, accessories, equipment, passengers, fuel and other loads.
Unless APB expressly agrees otherwise in writing, the customer is responsible for determining the vehicle’s legal carrying capacity, axle loads, gross vehicle mass and suitability for the customer’s intended total load.
Products must not be overloaded, misused or used contrary to applicable safety instructions.
Nothing in this section limits APB’s responsibility for representations made by APB concerning the capacity or specifications of its own products.
27. Returns, Exchanges and Warranty Claims
Returns, exchanges and warranty claims are subject to APB’s applicable Returns and Exchange Policy and Warranty Policy.
Those policies operate in addition to, and not in substitution for, rights available under the Australian Consumer Law.
APB may reasonably inspect or assess a product before determining the appropriate remedy where permitted by law.
28. Voluntary Warranties
Any warranty offered by APB is in addition to rights and remedies available under the Australian Consumer Law.
Expiry of an APB voluntary warranty does not necessarily mean that all statutory rights have expired.
Warranty exclusions relating to misuse, incorrect installation, unauthorised modification or similar matters apply only to the extent permitted by law and having regard to whether the relevant conduct caused or contributed to the failure.
29. Liability
Nothing in these Terms excludes, restricts or modifies liability that cannot lawfully be excluded, restricted or modified.
To the maximum extent permitted by law, APB is not liable for loss or damage to the extent that the loss or damage was caused or contributed to by:
- inaccurate information supplied by the customer;
- incorrect customer measurements;
- misuse or unreasonable use;
- overloading;
- incorrect installation by a person other than APB;
- unauthorised modification;
- failure to follow applicable instructions;
- failure to maintain the product appropriately; or
- use of the product for an undisclosed or inappropriate purpose.
To the maximum extent permitted by law, APB is not liable for losses that are not reasonably foreseeable consequences of APB’s breach.
Nothing in this section limits a right to compensation or damages available under the Australian Consumer Law or other applicable law.
30. Limitation for Certain Business and Commercial Supplies
Where goods or services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, and where section 64A of the Australian Consumer Law permits APB to limit its liability, APB’s liability for failure to comply with an applicable consumer guarantee is limited, at APB’s option and to the extent permitted by law:
For goods, to:
- replacement of the goods;
- supply of equivalent goods;
- repair of the goods;
- payment of the cost of replacing the goods or acquiring equivalent goods; or
- payment of the cost of having the goods repaired.
For services, to:
- supplying the services again; or
- payment of the cost of having the services supplied again.
This limitation does not apply where it would not be fair or reasonable for APB to rely upon it or where the Australian Consumer Law otherwise prevents the limitation from applying.
31. Third-Party Products
APB may sell products manufactured or supplied by third parties.
Any manufacturer warranty applying to a third-party product may operate in addition to the customer’s rights against APB.
Nothing in these Terms requires a customer to pursue a manufacturer instead of APB where the customer has rights against APB under the Australian Consumer Law.
APB is not responsible for representations independently made by a third party that APB has not adopted or authorised.
32. Website Availability
We aim to keep our website available and operating correctly but do not guarantee uninterrupted access.
The website may occasionally be unavailable due to maintenance, technical problems, cybersecurity events, telecommunications failures or other circumstances.
We may modify or discontinue website functionality where reasonably necessary.
Nothing in this section affects an existing order or contractual obligation unless permitted by law.
33. Third-Party Services and Links
Our website may contain links to third-party websites or services.
Those websites and services are operated independently of APB.
APB is not responsible for third-party content, privacy practices or services merely because our website contains a link to them.
Customers should review the applicable terms and policies of third-party providers before using their services.
34. Reviews, Photographs and Customer Content
If you voluntarily submit a review, photograph, testimonial or other content to APB for publication or promotional use, you confirm that you have the right to provide that content.
Where you expressly authorise APB to publish or use the content, you grant APB a non-exclusive licence to reproduce and display it for the purposes for which it was provided or authorised.
APB will not claim ownership of a customer’s pre-existing intellectual property merely because it is submitted to APB.
APB may remove website content that is unlawful, defamatory, fraudulent, abusive, infringing or otherwise inappropriate.
35. Intellectual Property
Unless otherwise stated, the website and its content are owned by or licensed to APB.
This includes, where applicable:
- trademarks;
- logos;
- product photographs;
- videos;
- graphics;
- written content;
- product descriptions;
- drawings;
- designs;
- website layouts; and
- other copyright material.
You must not reproduce, commercially exploit, distribute or modify APB intellectual property without permission except where permitted by law.
Purchase of an APB product does not transfer ownership of APB’s intellectual property in the design, branding, drawings, photographs or other protected material associated with that product.
36. Privacy
Personal information is handled in accordance with APB’s Privacy Policy and applicable privacy laws.
Our Privacy Policy explains how we collect, use, disclose, store and protect personal information.
37. Fraud and Security
APB may use reasonable fraud prevention and transaction security measures.
An order may be referred for additional verification where a transaction is identified as presenting an elevated fraud or security risk.
APB may request reasonable evidence necessary to verify the identity of the purchaser, authority to use a payment method, or authority to collect an order.
Any handling of personal information for these purposes is subject to our Privacy Policy and applicable law.
38. Indemnity for Unlawful Website Use
To the extent permitted by law, you are responsible for loss reasonably incurred by APB as a direct result of your unlawful use of the website, infringement of APB’s intellectual property rights, fraudulent conduct or deliberate breach of these Terms.
This clause does not require you to indemnify APB for loss caused by APB’s own negligence, breach of contract, unlawful conduct or failure to comply with applicable law.
39. Business and Trade Customers
The Australian Consumer Law may apply to purchases made by businesses in certain circumstances.
Nothing in these Terms excludes rights or remedies available to a business customer that cannot lawfully be excluded, restricted or modified.
For transactions not subject to non-excludable statutory protections, these Terms and the specific terms agreed for the transaction govern the parties’ rights and obligations.
40. Incorporated Policies
These Terms should be read together with APB’s applicable:
- Purchase, Order Cancellation and Change of Mind Policy;
- Returns and Exchange Policy;
- Warranty Policy;
- Shipping and Delivery Policy; and
- Privacy Policy.
Where a policy applies to a particular transaction, it forms part of the terms governing that transaction to the extent permitted by law.
If there is an inconsistency between these Terms and a non-excludable requirement of applicable law, the law prevails.
41. Changes to These Terms
APB may update these Terms from time to time to reflect changes to our website, business practices, products, systems or legal obligations.
Changes will apply prospectively from the date the updated Terms are published unless otherwise required or permitted by law.
Changes to these Terms will not retrospectively alter the material terms of an existing accepted order without the customer’s agreement, except where permitted or required by law.
The version applicable to an order is generally the version in effect when that order was accepted.
42. Severability
If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be read down to the extent necessary where legally possible.
If it cannot be read down, the affected provision will be severed to the extent necessary.
The remaining provisions continue to operate to the extent permitted by law.
43. No Waiver
If APB does not immediately exercise a right under these Terms, that does not necessarily constitute a waiver of that right.
A waiver is effective only to the extent clearly communicated by APB.
44. Entire Agreement
Subject to applicable law, the agreement for a particular order consists of these Terms together with:
- the accepted quotation or order;
- agreed product specifications;
- any written variations agreed between APB and the customer; and
- applicable policies incorporated into these Terms.
Nothing in this section excludes liability for representations, guarantees or other matters that cannot lawfully be excluded.
45. Governing Law
These Terms are governed by the laws applicable in New South Wales, Australia.
Subject to any rights a consumer or other party has to commence proceedings in another jurisdiction under applicable law, the parties submit to the courts and tribunals having jurisdiction in New South Wales.
46. Contact Information
Questions about these Terms or an order can be directed to:
Australian Performance Industries Pty Ltd
Trading as Australian Performance Boxes
17 Burns Road
Heathcote NSW 2233
Australia
Website: apboxes.com.au
Email: info@apboxes.com.au
Phone: 0427 873 817
Last updated: September 2026
