The Company expects all employees to act with the highest standards of honesty and ethical conduct while working in Company premises, at Apex Sports sponsored business and social events, or at any other place where the employees represent Apex Sports . In all cases, if uncertain regarding the appropriateness of an event or action, seek assistance in interpreting the requirements of these practices by contacting your supervisor or Apex Sports Human Resources Department. Compliance with Applicable Rules and Regulations All Apex Sports employees must comply with all applicable laws and regulations. Employees are expected to be familiar with the legal and regulatory requirements applicable to their business responsibilities and to fulfill their duties in accordance with these laws and regulations with regards to disclosures in Governmental Filings and Other Public Communications It is Company policy to make full, fair, accurate, timely and understandable disclosure in compliance with all applicable laws, rules and regulations in the reports and documents that it files with or submits to various state or federal agencies, including the Securities and Exchange Commission, and in other public communications made by the Company. All employees are expected to use their best efforts to perform their duties in a manner intended to implement this policy.
Every employee must avoid situations that create, or could create, a conflict with the goals and business priorities of Apex Sports . Sometimes it can be difficult to determine if a given action or decision could create a conflict of interest with the company. In these situations, discuss the situation with your manager, the Legal Department or the Human Resources Department. Family members and friends of Apex Sports employees are welcome to work for Apex Sports , or for our suppliers or competitors, as long as such employment does not harm Apex Sports . However, employees in certain positions have significant influence on company decision making. If you work in one of these positions, it is critical that you avoid anything that could appear to compromise your objectivity. It is critical that you avoid actions or decisions that could harm the company. There are many other areas in which a conflict of interest could arise. In partnership with your manager, apply common sense in reviewing potential conflicts.
Do not engage in any business outside of Apex Sports , if it interferes with your performance or responsibilities to the Company our policies prohibit any employee from accepting simultaneous employment with an Apex Sports supplier, developer, or competitor, and from taking part in any activity that enhances or supports a competitor’s position. Hourly An employee may not directly or indirectly conduct outside business that interferes with the proper performance of the employee’s job atApex Sports is conducted during an employee’s normal working hours, or utilizes Apex Sports confidential information or specialized skills and knowledge gained as an employee of the Company. This includes becoming a contractor, consultant or supplier to Apex Sports or a competitor while being employed at Apex Sports . Business Interests: If you are considering investing in the business interests of a supplier, developer, or competitor, you must ensure that your investment does not compromise your responsibilities to Apex Sports . Many factors should be considered in determining whether a conflict situation exists, including: The ability to influence Apex Sports decisions or decisions of The other company Access to the confidential information of Apex Sports or of The other company;
It can only be used for appropriate business purposes. Inappropriate disclosure of confidential information can cause irreparable harm to the company and will not be tolerated. Confidential information can take a variety of forms, including but not limited to printed reports, electronic emails, voice mails, oral presentations, or electronic spreadsheets. Confidential information can include business practices, marketing plans, development plans, long range plans, strategic plans, employee names, personnel files, social security numbers, bank account numbers and financial reports.
These are a few examples. When in doubt if something is confidential, please discuss it with the General Counsel or Compliance Officer.
Protecting Confidential Information: Confidential information may not be disclosed to anyone outside the company, except when required in order to conduct company business and approved by the General Counsel or Compliance Officer. When printed confidential information is no longer needed, it must be shredded or placed in a locked receptacle designed to gather bulk material for shredding. Confidential information must be maintained in a locked location whenever it is not in use.
For example, personnel files must be in a locked file cabinet or locked office at all times. If kept in a locked office, non‐management employees cannot be permitted unsupervised access. Prohibited Use of Confidential Information: Confidential information can never be used for personal gain. For example, if you are aware of confidential company plans to acquire another company, purchasing stock in that company would not only be a violation of this policy, but would also be a violation of the law. It is also prohibited to share this information with another person to facilitate financial gain.
Confidential information cannot be used for the benefit of any other company. For example, if you leave Apex Sports , you cannot use any of our forms or processes at your next company. Confidential information cannot be shared with other employees unless there is a legitimate business purpose for them to have the information. For example, if you have access to financial data that includes payroll information, you cannot share that information with other employees, unless such sharing is required in order to properly execute your responsibilities.
Confidential information cannot be shared with friends and family, no matter how interesting the information may seem. Such disclosures, while not intended to do harm to the company, can have significant unintended consequences and could do irreparable harm to the company. In the course of conducting Apex Sports business, you may have access to the confidential information of a vendor or business partner. Before receiving this confidential information, a company representative must sign a confidentiality agreement indicating that we will treat this information with the same care that we apply to our confidential information.
Confidential information from a third party cannot be accepted unless a confidentiality agreement has been signed. Further, confidential information can never be accepted if the holder of the information does not have a legal right to both possess the information and to share it with Apex Sports representatives.
Permitted use of Confidential Information: Confidential information can be used as required to effectively execute the responsibilities of your job. It can also be used as a tool to review the performance of subordinates. Confidential information from a third party can be used to assist in determining if the third party’s products or services would be of value to Apex Sports . Once that determination is made, all such confidential information must be destroyed unless we enter into an agreement with the company, and that agreement requires the use of the confidential information. Examples of information that would fall into this category are trial software packages, pricing information, and detailed proposals that contain proprietary information. With the written approval of the Chief Executive Officer, Compliance Officer, Chief Financial Officer, or General Counsel, you may be permitted to confidential information with a potential vendor, business partner or financial institution. In such cases, the general counsel will supervise the development of a non‐disclosure agreement that must be signed by the potential recipient of confidential information before the information is provided.
You may share confidential information when required to by law or court order. However, such disclosure must be carefully limited in scope to that required, and can only be done with the approval of the general counsel.
Confidentiality Agreement: When you joined Apex Sports , you signed an agreement to protect and hold confidential our proprietary information. This agreement remains in effect for as long as you work for Apex Sports and even after you leave the Company.
Under this agreement, you may not disclose Apex Sports ’s confidential information to anyone or use it to benefit anyone other than Apex Sports or without Apex Sports prior written consent. Abiding by this agreement is a fundamental condition of your employment, and you should take its provisions very seriously.
Safety Policy Apex Sports is dedicated to the safety and well‐being of all employees, guests, and visitors while on the premises or while conducting business on behalf of our company. In accordance with the General Duty Clause of the Occupational Safety & Health (OSH) Act of 1970, it is the primary responsibility of all employers to provide a safe and healthy workplace. Accordingly, Safety Policy with Apex Sports is committed to acting in a safe manner as guided by the Occupational Safety & Health Administration (OSHA) and other appropriate federal, state, and local agencies. Safety Policy Apex Sports Locations and jobs are assessed for hazards and potential hazards. Appropriate safety measures will be implemented. Responsibility for safety is a primary role of all employees. However, Human Resources will direct a company‐wide safety program that meets the intent and requirements of this policy and appropriate federal, state, and local safety or safety‐related standards and/or regulations, including but not limited to OSHA, NFPA, etc. All employees in any leadership capacity are directly responsible for ensuring that hazard‐specific safety measures and programs are implemented and followed.
Managers should also ensure that operation specific hazard training is provided and documented, and that employees are aware of the hazards associated with their duties. Managers are also required to adhere to the standards established in this policy.
Human Resources with the assistance of Directors of Operations and General Managers will oversee/coordinate the hazard assessment of work sites/activities as needed, and implement appropriate safe practices/measures as needed.
Safety Committee: Human Resources will establish a Corporate Safety Committee to assist with the review and evaluation of safe practices, accidents, program development/implementation, etc. The committee will meet on a regular basis and as dictated by company needs.
Hazard Prevention and Control: It is the responsibility of all employees to maintain a safe work environment. This includes but is not limited to:
Other Function/Hazard Specific Training will be provided to the affected employees by the responsible manager/supervisor upon assignment and/or when new equipment or procedures are introduced. The General Manager is responsible for ensuring that training is provided and documented to include the topic discussed, date of the meeting, and names of attending personnel. The following training will be provided upon initial assignment to the work area, as required (i.e., when an employee’s actions indicate that retraining may be needed), and at least annually unless otherwise indicated. Such training may include, but is not limited to: Fire Extinguisher/System Operation and Use
Demographic information (such as IP addresses) or other information that does not permit the identification of individual persons.
Demographic and technical information is gathered to enhance the reader experience and ensure that continued operation of the Website. In addition, information that users voluntarily provide through the Website, such as comments or board posts will be collected and maintained on the Website. E-mails sent to the operator of the Website will also be collected and stored.
We are committed to protecting the privacy of your data. We use a variety of methods to help protect your personal information. Despite these measures, you should know that the risk associated with submitting your personal data will never be eliminated, and your personal data could be accessed through an unauthorized user or through an inadvertent disclosure.
You may request deletion of your personal data by us, but we may be required by law or otherwise to keep this information. In addition, while we may delete your personal information from our active servers, your personal information may remain in our archives or data backup systems maintained by us or our service providers.
For users residing outside India, your Personal Data may be processed in the country in which it was collected, where laws regarding processing of Personal Data may be less stringent than the laws in your country.
Most browsers contain “cookies”, which allows the Website to store certain data about your visit. When a reader leaves a comment, along with other identifying information, that information is stored so that on subsequent visits readers do not have to re-enter that information again. Sensitive information, like name, phone numbers, and addresses are not collected or stored unless users leave them on the Website itself. The owner of the Website does not advise readers to post sensitive information where it can be read by others.
Our servers, may also automatically collect information about your computer when you visit the Website, including without limitation the type of browser software you use, the operating system you are running, the Website that referred you, and your Internet Protocol (“IP”) address. Your IP address is usually associated with the place from which you enter the Internet, like your Internet Service Provider, your company or your university.
Limited access to our database is also given to third parties that provide us with services, such as technical maintenance and assistance, but only for the purpose of and to the extent necessary to provide those services. These people are website designers and technicians. You expressly consent to the sharing of your personal information with our contractors or other service providers for the sole purpose of providing the services of the Website.
When you leave a comment, your IP (internet protocol) address is recorded. For more information about IP addresses visit IP Address (Wikipedia). This information can be used to block or ban users from the Website. When you leave a comment on the Website, you do so with the knowledge that it can be edited or deleted at the discretion of the owner of the Website. Malicious or comments with false information are removed as soon as possible. Please use appropriate caution when divulging personal information in the comments as that information is visible and available to the public at large.
All our legal relationships, including consultancy services performed within their scope, that are not the subject-matter of a separate consultancy agreement, shall be based on our “General Terms and Conditions of Business.” In addition, all and any deliveries of wood effected within the Federal Republic of Germany shall be subject to the procedures used according to customary trade practice in the wood-processing industry, and in particular to the provisions of what is known as the “TegernseerGebraeuche“ in the latest version applicable at each respective time, including all its annexes and its appendix – to the extent that they are not contradictory to these General Terms and Conditions of Business. The wording of said provisions is understood to be known. Otherwise the text shall be sent upon request. Our General Terms and Conditions of Business shall be applicable to all and any legal transactions with contractors within the meaning of §14 of the German Civil Code [BGB]. We shall not recognise any terms or conditions of purchase on the part of any party contracting with us, or any agreements in deviation of our General Terms and Conditions of Business, unless their applicability is acknowledged in our order confirmation.
Our offers shall be subject to confirmation. A contract shall not be deemed to be concluded until the order is confirmed or executed by us. Our offers shall be subject to prior sale! The specifications, drawings and illustrations, as well as descriptions relating to delivery and performance contained in our brochures, catalogues, price lists, or in the offer or documents pertaining to the offer, are approximate values in accordance with customary trade practice, unless in the order confirmation they have expressly been referred to as binding. We reserve the right to make changes in the manufacturing process and shape of the delivery item, to the extent that such changes are acceptable for the purchaser. If an offer is made on a sample basis, the colour and texture of the sample shall not be deemed warranted qualities. Samples provided will only represent an average condition of the goods. Specifications as to dryness, weight, etc. will be given according to the best of our knowledge, but shall be without engagement. Our prices are quoted ex works, free lorry or wagon, plus VAT. If flooring or panelling for walls or ceilings is installed by ourselves, our quotations shall comprise delivery free construction site. Prices quoted in our offers shall be binding on us for 30 calendar days. In the event of an essential change of certain cost factors – wages, packing material, or freight – occurring between the conclusion of a transaction and delivery, the agreed price may be adjusted, within reasonable limits, according to the influence of the relevant cost factors, but by no more than a maximum of 5%. In the event of price increases, the purchaser shall have the right to declare his repudiation of the contract.
When accepting orders, we shall assume that the contractor is solvent. If it turns out that this condition was not fulfilled, or noticeably is no longer fulfilled, we shall be entitled to revoke credit terms granted, claim cash in advance of further deliveries, demand payment or securities against return of all bills of exchange and cheques accepted by way of payment, or rescind the contract. This shall also apply if the contractor is in delay regarding the payment of earlier invoices, in the event of a returned debit note, protest of a cheque or bill of exchange, or if a substantial deterioration of his financial circumstances becomes known.
Delivery times shall not be deemed fixed dates unless expressly referred to as such. Part shipments shall be admissible within reasonable limits and shall have to be accepted. In the event of delays in delivery or performance due to force majeure or as a result of occurrences making performance substantially difficult or impossible – these include particularly operational disturbances, strike, lockout, natural phenomena, government acts and disturbance of traffic routes –, we shall be released from the obligation to deliver or perform for the duration of such impediment plus a reasonable preparation time. The same shall apply in the event that supplies delivered to us are incorrect or do not arrive in due time, unless we are responsible for this. If so requested, our contractor shall have to declare whether he repudiates the contract as a result of the delay, or whether he insists on delivery. Any claims for damages, even on the grounds of delays going beyond the limits outlined above, shall be ruled out unless we are liable due to intent or gross negligence or on the grounds of injury to life, body, or health. This shall not involve any change in the burden of proof to the disadvantage of our contractors. If the delivery of orders placed on an on-call basis is not requested within one month after expiry of the agreed deadline, we shall be entitled to optionally either insist on immediate acceptance or immediately rescind the contract without fixing another deadline. The same shall apply in the case of orders to be performed on call with no particular deadline agreed for demanding delivery, if more than 4 months have elapsed without any request for delivery since the order was confirmed. Contractors shall not be entitled to assert any rights before granting us a reasonable final deadline of at least eight workdays.
Wood is a natural product. Its natural properties, variations and features are therefore to be taken into account in any case. In particular, the purchaser shall have to consider the biological, physical, and chemical properties when buying, processing and using wood. The natural range of variation in terms of colour, texture, and other characteristics within one species of wood is typical of wood as a natural product and shall not represent any cause for complaint or liability claims. If need be, our contractor shall have to seek appropriate technical advice. Only our product description shall be deemed agreed for the condition of goods. Public statements or extolling in advertisements shall not represent any additional indication as to the condition of goods under the contract. Any complaints referring to immediately noticeable defects in terms of quality, inadequate installation, delivery of the wrong goods, and quantity variance shall have to be notified in writing without delay, at the latest within 8 days after receipt of the goods or performance of the work. Complaints shall have to be stated at any rate before processing or using the goods. Once the delivery or performance has been accepted, any subsequent objections shall be ruled out. If goods have been made available for collection and neither the contractor nor any other person authorised by the same appears to collect them, such goods shall be deemed accepted. Defects that are not obvious, or defects occurring during or after processing or installation, shall have to be notified in writing without delay, at the latest within 10 workdays after being discovered. The burden of proof for the date of finding such defect shall be on the contractor. In the case of bilateral mercantile transactions between merchants, §§ 377 & 378 of the German Commercial Code [HGB] shall remain unaffected. The purchaser shall have to inform us of any circumstances bringing warranty into operation in favour of a consumer, as soon as possible after learning about the case. In the event of justified objections, we shall deliver any quantities missing and otherwise provide free remedy, grant a price reduction, replace or take back goods, whichever we may chose. To the extent that our products are also installed by us (e.g. flooring, panelling of ceilings and walls), the contractor shall assume the responsibility for adequate and safe intermediate storage of the products delivered. If remedying or substitute delivery fails or becomes impossible, our contractor shall be entitled to cancel the contract – except if involving the performance of building work – or to reduce the purchase price, whichever he may chose to satisfy his claims. We shall assume liability for the absence of warranted qualities only to the extent that such warranty shall serve the particular purpose of covering the contractor against the consequential damage resulting from the absence of such qualities. The mere reference to DIN or EN standards shall not make their contents a warranted quality. Claims based on defects of quality shall become statute-barred in 12 months. This shall not apply in the event that the law prescribes longer periods of limitation pursuant to § 438, para. 1, item 2 (Buildings and Items for Buildings), § 479, para. 1 (Claim under a Right of Recourse), and § 634 a), para. 1, item 2 (Constructional Defects) of the German Civil Code [BGB].
Reciprocal claims for damages, no matter what the legal basis may be, in particular on the grounds of neglect of contractual obligations and damage claims in tort, shall be ruled out unless otherwise provided in the following. This shall also apply in particular to consequential damage and claims for compensation of expenses. In the event that essential obligations under the contract should be neglected, liability shall be limited to such damage as is typical of the contract and is predicable. This shall not apply in cases where liability is mandatory, e.g. under the product liability statute, in cases of intent or gross negligence, or on the grounds of injury to life, body, or health. If delivery or performance is impossible and we are responsible for this, the contractor’s claim for damages shall be limited to a maximum of 10% of the value of that part of the delivery which cannot be put to appropriate use as a result of such impossibility. The right to cancel the contract shall remain unaffected.
If we undertake to perform installation work (flooring), we shall assume that the substrate will permit immediate installation of the goods delivered and that site measurements specified to us are correct. Any costs resulting from defects in the substrate shall be at the expense of the principal. Special treatment of the substrate and measurement of rooms shall only be performed by us if such services are part of the contract and expressly mentioned in our order confirmation. All and any extra services shall be separately charged by us. Additional costs due to incorrect specification of site measurements or of dates on the part of the principal shall be at his expense. On completion of special measures as well as on completion of the installation work, the principal shall have to confirm to the installer in charge that the work performed and the measurements of the finished surface laid are correct. The provisions of the German Standard Building Contract Terms [VOB], Part B and Part C, shall be applicable unless the contractor is a consumer pursuant to § 13 of the German Civil Code [BGB]. Site measurements shall be calculated including thresholds and recesses according to dimensions in unfinished state. Mouldings and expansion gaps shall not be deducted. Areas that are to be left uninstalled, such as the bases of pillars, chimneys, etc., with a surface up to 0.5 m2, shall not be deducted either.
All and any goods delivered (goods under reservation) shall remain our property until the purchase price and all other claims due to us as a result of the business relationship have been fully paid. Pledging or transfer or ownership by way of security shall not be admissible without our consent. Any processing of goods under reservation shall take place on our behalf, free of charge, and without any obligation to regard us as Manufacturer within the meaning of § 950. The purchaser shall assign to us co-title in the new goods in the proportion of the invoiced value of the goods under reservation to the other goods processed as at the time of processing. All and any new goods resulting from such processing shall be deemed goods under reservation. If the goods delivered are combined with a movable item of goods in such a way that they become an essential component of another item of goods that is to be regarded as the main item, the purchaser shall hereby assign to us co-title in the new item on a quota basis. In such case he shall hereby assign to us all and any claims for remuneration that may arise against any third party, together with all subsidiary rights, in the amount of the value of the goods under reservation, and he shall authorise us to collect such claims, with the proviso of revocation. We do hereby accept such anticipatory assignment and authorisation. The purchaser shall be permitted to resell and process such goods as set forth hereinabove only in the ordinary course of business, and only on condition that said claims do in fact devolve upon us. This shall include that the purchaser receives payment from his customer or makes the reservation that ownership shall not go to his customer before the same has fulfilled his obligations in terms of payment. The purchaser shall agree so with his sub-purchaser. In the event of attachment, seizure, or any other action or intervention by a third party, the purchaser shall have to notify us immediately and completely. In the event that the purchaser falls behind with payments, we shall be entitled, without fixing another deadline, to terminate the purchaser’s right of title by unilateral declaration and claim return of the unprocessed material. All and any of the purchaser’s rights mentioned herein shall lapse in the event of discontinuation of payments and / or institution of insolvency proceedings. This shall not apply to the rights of the trustee in insolvency. The assertion of the reservation of title through us shall require no cancellation, whereas the purchaser shall be obligated to promptly grant us any access so that we may make appropriate establishments and dispose of the goods under reservation. If the value of the securities granted exceeds our claims, possibly reduced by down payments or instalments, by more than 20%, we shall be obligated to reassign title or release goods in the same measure, whichever we may chose. On settlement of all our claims arising from the business relationship, ownership of the goods under reservation and all and any claims assigned to us shall devolve on the purchaser.
Our invoices shall be issued under the date of shipment of goods or, in the case of orders for installation, upon completion of the work. Unless otherwise agreed, they shall be due for payment without any deduction within 30 days. Any claims or performance in part shall be invoiced separately and shall each be payable individually, independently of the total scope of delivery or performance. Payments made on account shall be set against part deliveries according to the order in which such deliveries shall be made. If any payments are deferred or received after maturity, we shall be entitled to charge interest as from the date of maturity in the amount of loan costs incurred by us. Otherwise the legal provisions pursuant to §§ 286 ff of the German Civil Code [BGB] shall apply in the event of any default in payment. Any further claims shall remain unaffected. A right to set off shall only exist in the event of undisputed claims or for claims that have been conclusively determined by a court. In cases of justified deficiency claims, retention of payments shall only be admissible to such an extent as shall represent a reasonable relation to the actual defect of quality. Our sales representatives and agents shall not be entitled to collect bills unless they produce our written authorization to collect debts.
We shall be entitled, within the limits allowed by the German Data Protection Act, to process any information concerning the contractor with regard to or in connection with the business relationship, no matter whether such data have been received from the contractor himself or from any third party.
83071 Stephanskirchen shall be the place of performance and jurisdiction regarding deliveries and payments (including legal action based on dishonouredcheques or bills of exchange) as well as all and any disputes that may arise between the parties hereto, if the contractor is a merchant or a legal entity under public law, or if he represents special funds under public law. We shall, however, also be entitled to sue the purchaser at his registered domicile. The relations between the contracting parties shall be governed only and entirely by the law applicable in the Federal Republic of Germany, exclusive of the UN law on sales.
Should any of the provisions herein be found to violate any statutory prohibition(s) or to be invalid for any other reason(s), this shall not affect the validity of the other provisions. In lieu of such invalid provisions, if any, it shall be deemed agreed what would have been closest to the economic interest and to the presumed will of the contracting parties in accordance with the other terms and conditions of business. The same shall apply in the event of any gap(s) herein. The contracting parties shall undertake to make a serious effort to contribute to the completion of substitute provisions to such effect.