Business Name: Apex Fuels One
Last Updated: 01 April 2026
Effective Date: 01 April 2026
These Terms and Conditions govern your use of the services provided by Apex Fuels One, your access to our website at www.apexfuelsone.com and any supply agreement, corporate account, loyalty card programme, or other commercial arrangement you enter into with us. Please read these terms carefully before placing an order or engaging our services.
By placing an order, submitting a quote request, signing a supply contract, or registering for an account with Apex Fuels One, you confirm that you have read, understood, and agreed to these Terms and Conditions in full.
1. Definitions
In these Terms and Conditions, the following terms have the meanings set out below:
- “Apex Fuels One” means the fuel import and wholesale distribution business operating under the Apex Group from Plot 14400, New Lobatse Road, Gaborone, Botswana.
- “Client” means any individual, company, organisation, or government entity that purchases fuel, engages our logistics services, or enters into any commercial arrangement with Apex Fuels One.
- “Order” means any purchase request for fuel or related services submitted to Apex Fuels One by a Client.
- “Supply Contract” means a formal written agreement between Apex Fuels One and a Client specifying volume commitments, pricing, delivery terms, and contract duration.
- “Delivery” means the physical transfer of fuel from an Apex Fuels One tanker to the Client’s designated site, tank, or receiving point.
- “Loyalty Card” means the Apex Fuels One Loyalty Card issued to registered account holders, earning rewards at a rate of 10 thebe per litre purchased.
- “BERA” means the Botswana Energy Regulatory Authority.
- “BURS” means the Botswana Unified Revenue Service.
- “Diesel 50PPM” means diesel fuel with a maximum sulphur content of 50 parts per million, meeting the EN590 or equivalent quality standard.
- “Website” means the Apex Fuels One website accessible at www.apexfuelsone.com and any associated web pages or digital platforms operated by Apex Fuels One.
- “Force Majeure Event” means any event beyond the reasonable control of Apex Fuels One, including but not limited to acts of God, natural disasters, government actions, fuel supply embargoes, road closures, civil unrest, pandemics, or critical equipment failure.
2. Our Services
2.1 Scope of Services
Apex Fuels One provides the following services to registered businesses and commercial operators in Botswana:
- Diesel import and global sourcing
- Bulk diesel supply from a minimum of 200 litres
- Fuel logistics and transportation services
- Fuel storage and distribution
- Industrial fuel supply programmes
- Long-term fuel supply contracts
- Loyalty card and rewards programme management
2.2 Business Clients Only
Apex Fuels One supplies fuel exclusively to registered businesses, commercial fleet operators, agricultural enterprises, government bodies, and industrial operations. We do not supply fuel to private individuals for personal use. By engaging our services, you confirm that you are purchasing fuel for legitimate commercial or industrial purposes.
2.3 Service Availability
Our services are available to clients located within the Republic of Botswana. Delivery availability to specific regions is subject to logistics capacity and may be subject to additional charges for remote locations. We reserve the right to decline service to any location that cannot be safely or legally accessed by our fleet.
3. Orders and Order Acceptance
3.1 Placing an Order
Orders may be placed by telephone, WhatsApp, email, or through our website. All orders are subject to written or electronic confirmation from Apex Fuels One before they are considered accepted. A confirmation message via WhatsApp, email, or phone constitutes written confirmation for the purposes of this clause.
3.2 Minimum Order Quantity
The minimum order quantity for all fuel purchases is 200 litres. Orders below this threshold will not be processed. For import sourcing arrangements, the minimum order is 5,000 litres.
3.3 Order Amendments and Cancellations
You may amend or cancel an order without penalty at any time before a delivery tanker has been dispatched from our facility. Once a tanker has been dispatched, amendments or cancellations are subject to our discretion and may incur a haulage or restocking charge. Cancellations of contracted supply deliveries are subject to the terms of the applicable Supply Contract.
3.4 Right to Refuse Orders
Apex Fuels One reserves the right to refuse or cancel any order at our discretion, including where:
- The client has an outstanding unpaid account
- The delivery location cannot be safely accessed
- The order cannot be fulfilled due to supply constraints
- We have reason to believe the fuel will be used for unlawful purposes
- The client has previously breached these Terms and Conditions
4. Pricing and Payment
4.1 Pricing
All prices quoted by Apex Fuels One are in Botswana Pula (BWP) and exclude Value Added Tax (VAT) unless otherwise stated. VAT will be added to all invoices at the applicable rate as prescribed by BURS at the time of invoicing.
4.2 Price Validity
Quoted prices are valid for a period of 24 hours from the time of quotation for standard spot orders unless a fixed price has been confirmed in a Supply Contract. Apex Fuels One reserves the right to adjust pricing in response to changes in international fuel markets, BERA price adjustments, import duty changes, or foreign exchange movements.
4.3 Contracted Pricing
Clients with a signed Supply Contract will receive the pricing structure agreed in that contract for the duration of the contract term, subject to the indexing or adjustment mechanisms specified in the contract. If no indexing mechanism is specified, contracted pricing is fixed for the initial term.
4.4 Payment Terms
Unless otherwise agreed in a Supply Contract or credit account arrangement:
- New clients and spot orders: Payment is due in full prior to or upon delivery. Delivery will not proceed until payment is confirmed.
- Approved credit account clients: Payment is due within 30 days of invoice date unless a different term has been agreed in writing.
- Government and parastatal clients: Payment terms are as agreed in the applicable supply or tender agreement.
4.5 Accepted Payment Methods
We accept payment by electronic funds transfer (EFT), bank deposit, and such other methods as Apex Fuels One may from time to time approve in writing. Cash payments are accepted at our premises subject to our internal procedures. We do not accept cheques.
4.6 Late Payment
Invoices not paid by their due date will attract interest at a rate of 2% per month on the outstanding balance, calculated from the due date until the date of full payment. Apex Fuels One reserves the right to suspend deliveries and services to any client with an overdue account without further notice until the outstanding balance is settled in full.
4.7 Disputed Invoices
If you believe an invoice contains an error, you must notify us in writing within 7 days of the invoice date. Disputes relating to invoiced amounts do not suspend your obligation to pay the undisputed portion of the invoice by its due date.
5. Delivery
5.1 Delivery Arrangements
Apex Fuels One will use reasonable endeavours to deliver fuel within the estimated timeframe communicated at the time of order confirmation. Delivery timeframes are estimates only and are not guaranteed, except where a specific delivery time is contractually committed in a Supply Contract.
5.2 Client Responsibilities for Delivery
To enable a safe and efficient delivery, the Client is responsible for:
- Ensuring that the delivery site is safely accessible by our tanker vehicles at the agreed delivery time
- Ensuring that receiving tanks, equipment, and connections are in good working order and compatible with our delivery equipment
- Having an authorised representative present at the delivery site to receive the delivery and sign the delivery note
- Ensuring adequate ullage in receiving tanks to accommodate the ordered volume
- Ensuring that the site complies with applicable fire safety, electrical safety, and environmental regulations for fuel storage and receipt
- Notifying us of any site-specific access restrictions, safety requirements, or hazards prior to the first delivery
5.3 Failed Deliveries
If Apex Fuels One is unable to complete a delivery due to circumstances attributable to the Client — including inaccessible site, no authorised person present, full tanks, or unsafe conditions — we reserve the right to charge a failed delivery fee to cover haulage costs. The delivery will be rescheduled at the Client’s expense.
5.4 Delivery Documentation
Every delivery will be accompanied by a delivery note specifying the volume delivered as measured by our calibrated delivery meter. The Client’s authorised representative must sign the delivery note at the time of delivery. The signed delivery note constitutes conclusive evidence of the volume delivered unless a written objection is raised with Apex Fuels One within 24 hours of delivery.
5.5 Title and Risk
Title to and risk in the fuel passes to the Client at the point of delivery, specifically at the point at which the fuel passes through the Client’s receiving inlet or into the Client’s tank or equipment. Apex Fuels One retains title to all fuel until full payment has been received in cleared funds.
6. Fuel Quality
6.1 Quality Standard
All diesel fuel supplied by Apex Fuels One is Diesel 50PPM meeting the EN590 or equivalent quality standard as required by BERA. A Certificate of Quality is provided with every delivery confirming the sulphur content and quality specifications of the fuel supplied.
6.2 Quality Claims
If you believe that fuel supplied by Apex Fuels One does not meet the stated quality specification, you must notify us in writing within 48 hours of delivery and retain a sample of the fuel in question for independent testing. Claims raised after this period or where no fuel sample has been retained may not be considered.
6.3 Client Responsibility for Storage
Once fuel has been delivered to the Client’s tank or equipment, the Client assumes full responsibility for maintaining its quality. Apex Fuels One is not liable for degradation, contamination, or quality issues arising from the Client’s storage conditions, tank maintenance, or handling of the fuel after delivery.
7. Loyalty Card Programme
7.1 Eligibility
The Apex Fuels One Loyalty Card is available to all registered business account holders. Cards are issued free of charge on completion of a loyalty card application form. One loyalty card may be issued per registered business account.
7.2 Earning Rewards
Loyalty card holders earn 10 thebe per litre on every qualifying fuel purchase made on their registered account. Rewards are credited to the loyalty account within 3 business days of the delivery being confirmed and invoiced.
7.3 Redeeming Rewards
Accumulated loyalty rewards may be redeemed against future fuel purchases from Apex Fuels One. Rewards cannot be redeemed for cash, transferred to another account, or used in part payment of outstanding invoices. A minimum redemption balance of P50.00 applies.
7.4 Expiry of Rewards
Loyalty rewards that have not been redeemed within 24 months of the date they were earned will expire and be forfeited without compensation. Apex Fuels One will provide 30 days’ written notice before any rewards are due to expire.
7.5 Programme Changes
Apex Fuels One reserves the right to amend, suspend, or terminate the loyalty card programme at any time by giving 30 days’ written notice to registered cardholders. Any rewards earned prior to the termination date will remain redeemable for a period of 90 days from the programme termination date.
8. Supply Contracts
8.1 Formation of Supply Contracts
A Supply Contract is formed when both parties have signed the written supply agreement prepared by Apex Fuels One. No verbal agreement, WhatsApp message, or email exchange constitutes a binding supply contract unless and until a formal written agreement has been executed by authorised signatories of both parties.
8.2 Minimum Volume Commitments
Where a Supply Contract specifies a minimum monthly volume commitment, the Client is obligated to purchase at least that volume from Apex Fuels One in each contract month. Where the Client fails to meet the minimum volume commitment in any given month, Apex Fuels One reserves the right to invoice the Client for the shortfall at the contracted price.
8.3 Contract Term and Renewal
Supply Contracts run for the term specified in the written agreement. Unless either party gives 30 days’ written notice of non-renewal before the contract expiry date, the contract will automatically renew for a further term of equal duration at the prevailing contracted price, subject to any price review mechanism specified in the contract.
8.4 Early Termination
Early termination of a Supply Contract by the Client before the contracted end date is subject to an early termination fee equal to the value of the minimum monthly volume commitment multiplied by the number of months remaining in the contract term. Early termination by Apex Fuels One due to the Client’s material breach is not subject to any compensation obligation.
9. Liability and Indemnity
9.1 Limitation of Liability
To the fullest extent permitted by applicable law, Apex Fuels One’s total liability to any Client in connection with any order, delivery, contract, or service — whether arising in contract, delict, negligence, or otherwise, shall not exceed the total value of the invoices paid by that Client to Apex Fuels One in the 3 months immediately preceding the event giving rise to the claim.
9.2 Exclusion of Consequential Loss
Apex Fuels One shall not be liable for any indirect, consequential, special, or incidental loss or damage arising from or in connection with our services, including but not limited to:
- Loss of profit, revenue, or business opportunity
- Loss of production or operational downtime
- Equipment damage caused by fuel contamination arising after delivery
- Costs incurred by the Client as a result of a delayed or failed delivery
- Any claim by a third party against the Client arising from the use of fuel supplied by Apex Fuels One
9.3 Client Indemnity
The Client agrees to indemnify and hold harmless Apex Fuels One, its directors, employees, and agents from and against any claims, losses, damages, costs, or expenses arising from:
- The Client’s use, storage, or handling of fuel after delivery
- The Client’s failure to comply with applicable safety, environmental, or regulatory requirements at their site
- Any misrepresentation made by the Client in connection with their order or account application
- The Client’s breach of these Terms and Conditions or any Supply Contract
9.4 Force Majeure
Apex Fuels One shall not be liable for any failure or delay in performing its obligations under these Terms and Conditions or any Supply Contract where such failure or delay is caused by a Force Majeure Event. We will notify you as soon as practicable of any Force Majeure Event affecting your delivery or supply and will use reasonable endeavours to resume normal service as quickly as possible.
10. Health, Safety, and Environmental Obligations
10.1 Client Site Safety
The Client is solely responsible for ensuring that their fuel storage and receiving facilities comply with all applicable health, safety, fire, and environmental regulations in Botswana. This includes but is not limited to complying with the Factories Act, the Environmental Assessment Act, and any regulations issued by BERA or the Department of Environmental Affairs relating to fuel storage.
10.2 Fuel Handling
The Client must ensure that all personnel involved in receiving, storing, and handling fuel delivered by Apex Fuels One are adequately trained in safe fuel handling procedures and are aware of the relevant health and safety risks associated with diesel fuel.
10.3 Spills and Incidents
In the event of a fuel spill occurring at the Client’s site, whether during delivery or at any time thereafter — the Client is responsible for taking immediate containment action and notifying the relevant regulatory authorities as required by law. Apex Fuels One’s liability for spills is limited to spills demonstrably caused by the negligence of our delivery personnel during the delivery process.
11. Intellectual Property
All content on the Apex Fuels One website, including text, images, logos, graphics, layout, and design, is the intellectual property of Apex Fuels One or its licensed content providers. You may not copy, reproduce, distribute, modify, or use any content from our website for commercial purposes without our prior written consent. The Apex Fuels One name, logo, and brand identity are registered trademarks and may not be used without written authorisation.
12. Website Use
12.1 Acceptable Use
You may use our website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to:
- Use our website in any way that violates any applicable law or regulation
- Transmit any unsolicited or unauthorised advertising or promotional material
- Introduce any malware, viruses, or other harmful code to our website
- Attempt to gain unauthorised access to any part of our website, servers, or connected systems
- Scrape, harvest, or extract data from our website by automated means
12.2 Website Availability
We do not guarantee that our website will be available at all times or that it will be free from errors. We reserve the right to suspend or withdraw access to our website at any time without notice for maintenance, updates, or any other reason.
12.3 Third Party Links
Our website may contain links to third-party websites. These links are provided for your convenience only. Apex Fuels One does not endorse, control, or accept responsibility for the content or privacy practices of any third-party website. Accessing a third-party website through a link on our website is done entirely at your own risk.
13. Confidentiality
Both parties agree to keep confidential all non-public information disclosed by the other party in connection with any supply arrangement, contract negotiation, or business discussion — including but not limited to pricing, volumes, operational details, and commercial terms. This obligation of confidentiality survives the termination of any commercial relationship between the parties for a period of 3 years.
14. Dispute Resolution
14.1 Good Faith Resolution
In the event of any dispute arising between Apex Fuels One and a Client in connection with these Terms and Conditions or any supply arrangement, both parties agree to first attempt to resolve the dispute through good faith negotiation. The aggrieved party must notify the other party in writing of the nature of the dispute and the resolution sought. Both parties will then use reasonable endeavours to resolve the dispute within 20 business days of the written notification.
14.2 Mediation
If a dispute cannot be resolved through negotiation within the 20-business-day period, either party may refer the dispute to mediation through a mutually agreed mediator or through the Botswana Centre for Dispute Resolution. The costs of mediation shall be shared equally between the parties unless the mediator determines otherwise.
14.3 Litigation
If a dispute cannot be resolved through negotiation or mediation, either party may pursue the matter through the courts of the Republic of Botswana. Both parties submit to the non-exclusive jurisdiction of the Botswana courts for the resolution of any dispute arising under these Terms and Conditions.
15. General Provisions
15.1 Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of the Republic of Botswana. All transactions between Apex Fuels One and its Clients are conducted under Botswana law.
15.2 Entire Agreement
These Terms and Conditions, together with any Supply Contract, quote confirmation, or account agreement between the parties, constitute the entire agreement between Apex Fuels One and the Client with respect to the subject matter and supersede all prior discussions, representations, and understandings.
15.3 Amendments
Apex Fuels One reserves the right to amend these Terms and Conditions at any time. Updated terms will be posted on our website with a revised “Last Updated” date. Your continued use of our services after any amendment constitutes your acceptance of the updated terms. For contracted clients, amendments to these Terms and Conditions that materially affect your Supply Contract will be notified in writing with 30 days’ notice.
15.4 Severability
If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable for any reason, that provision shall be deemed severed from the remainder of the Terms and Conditions, which shall continue in full force and effect.
15.5 Waiver
No failure or delay by Apex Fuels One in exercising any right or remedy under these Terms and Conditions shall constitute a waiver of that right or remedy. A waiver of any breach does not constitute a waiver of any subsequent breach of the same or any other provision.
15.6 Assignment
The Client may not assign, transfer, or subcontract any of its rights or obligations under these Terms and Conditions or any Supply Contract without the prior written consent of Apex Fuels One. Apex Fuels One may assign its rights and obligations to any member of the Apex Group or to a successor entity without the Client’s consent, provided that the Client’s rights are not materially affected.
15.7 Notices
All formal notices under these Terms and Conditions must be given in writing and delivered by email to info@apexmart.co.bw or by hand or registered post to Apex Fuels One, Plot 14400, New Lobatse Road, Gaborone, Botswana. Notices sent by WhatsApp or standard text message are accepted for routine operational communications but do not constitute formal legal notice for the purposes of this clause.
16. Contact Us
If you have any questions about these Terms and Conditions, please contact us:
- Business Name: Apex Fuels One
- Address: Plot 14400, New Lobatse Road, Gaborone, Botswana
- Email: info@apexmart.co.bw
- Phone: +267 71 375 600
- WhatsApp: +267 71 375 600
- Operating Hours: Monday to Sunday, 08:00 to 18:00