Office (540)
325-0750
Fax (540) 436-8165
SUNPEAK USA
Inc.
Terms and conditions:
PLEASE READ THESE TERMS
AND CONDITIONS OF
THE TERMS AND CONDITIONS OF SALE ARE LIMITED TO THOSE
CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS IN ANY FORMS
DELIVERED BY CUSTOMER ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS
AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY
GIVEN.
BY ACCEPTING DELIVERY OF THE PRODUCTS AND SERVICES DESCRIBED
IN SUNPEAK
Important Information about the Terms and
Conditions of
These terms and conditions of sale constitute a binding contract
between Customer and Sunpeak USA Inc. Customer accepts these terms
and conditions of sale by making a purchase, paying deposit, placing
an order with Sunpeak USA. These terms and conditions of sale are
subject to change without prior notice, except that the terms and
conditions of sale posted on the Site at the time Customer initially
places or modifies an order will govern the order in question.
These terms and conditions of sale constitute the entire agreement between Customer and Sunpeak USA Inc. relating to the terms and conditions of sale of products and services on the Site. Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet; individual consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting Sunpeak USA Inc. at the address provided below.
Customer
may issue a purchase order for administrative purposes only.
Additional or different terms and conditions contained in any such
purchase order will be null and void. Customer agrees that the terms
and conditions of sale contained herein and in Sunpeak USA Inc.
invoice or other documentation will control. No course of prior
dealings between the parties and no usage of trade will be relevant
to determine the meaning of these terms and conditions of sale or
any purchase order or invoice related thereto.
Governing Law
THESE TERMS AND CONDITIONS OF SALE AND ANY SALE HEREUNDER WILL BE
GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA, WITHOUT REGARD
TO CONFLICTS OF LAWS RULES. ANY ARBITRATION, ENFORCEMENT OF AN
ARBITRATION OR LITIGATION WILL BE BROUGHT IN THE UNITED STATES OF
AMERICA AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE STATE
COURTS LOCATED IN VIRGINIA AND SUBMITS TO THE JURISDICTION THEREOF
AND WAIVES THE RIGHT TO CHANGE VENUE. THE CUSTOMER FURTHER CONSENTS
TO THE EXERCISE OF PERSONAL JURISDICTION BY ANY SUCH COURT WITH
RESPECT TO ANY SUCH PROCEEDING.
Shipment, Risk of Loss and Damages
The shipment of products from Sunpeak USA Inc. facility to Customer
will be at the Customer’s own expenses. All shipments, title to
products and risk of loss or damage during shipment passes from
Sunpeak USA Inc. to Customer upon receipt by Customer.
Damaged Products
If Customer receives damaged products; please refuse the products
upon original delivery attempt. If damaged products are accepted
from the carrier, such damage should be noted on the carrier
delivery record. Please save the product and the original box and
packaging and notify Sunpeak USA Inc. immediately to arrange for a
carrier inspection and a pick up of damaged products. Please notify
Sunpeak USA Inc. in writing WITHIN THE FIRST 10 DAYS of receipt.
Timely receipt of this information is necessary for Sunpeak USA Inc.
to file a damage claim. Complaints received later than 10 DAYS or
not noted upon arrival will not be accepted.
Title
Goods will remain the property of Sunpeak
USA Inc. and the company retains a security interest in the products
until payment in full is received. Customer will be responsible for
all shipping and related charges.
Warranties
Customer understands that Sunpeak USA Inc. is not the manufacturer
of the products purchased by Customer hereunder and the only
warranties offered are those of the manufacturer, not Sunpeak USA.
In purchasing the products, Customer is relying on the
manufacturer’s specifications only and is not relying on any
statements, specifications in brochures, photographs or other
illustrations representing the products that may be provided by
Sunpeak USA Inc. In connection with services, neither affiliates of
Sunpeak USA Inc. nor third party service providers are agents of
Sunpeak USA Inc. has no obligation or liability arising from any
services performed by or any warranty, if any, made by, such service
providers. SUNPEAK USA Inc. AND ITS AFFILIATES HEREBY EXPRESSLY
DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO
PRODUCTS SOLD OR SERVICES PROVIDED BY THIRD PARTIES OR AFFILIATES OF
SUNPEAK USA, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER
DOES NOT AFFECT THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
Internet Disclaimer
Internet connectivity requires access
services from an Internet access provider. Contact your local access
provider for details.
Pricing Information; Availability Disclaimer
All pricing is subject to change. Sunpeak USA Inc. reserves the
right to make adjustments to pricing, products and service offerings
for reasons including, but not limited to, changing market
conditions, product discontinuation, product unavailability,
manufacturer price changes and errors in advertisements. All orders
are subject to product availability and may take up to 4 to 6 weeks
to deliver. Therefore, Sunpeak USA Inc. cannot guarantee that it
will be able to full-fill Customer’s orders.
Limitation of Liability
NEITHER. SUNPEAK USA Inc. NOR ITS AFFILIATES WILL BE LIABLE FOR LOST
PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT
OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. NEITHER SUNPEAK USA
Inc. NOR ITS AFFILIATES WILL BE LIABLE FOR PRODUCTS NOT BEING
AVAILABLE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE
PURCHASE OF PRODUCTS OR SERVICES PROVIDED DIRECTLY BY SUNPEAK USA
Inc. OR ITS AFFILIATES, NEITHER SUNPEAK USA Inc. NOR ITS AFFILIATES
ARE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE DOLLAR
AMOUNT PAID BY CUSTOMER FOR THE PRODUCT (S) OR SERVICE (S) GIVING
RISE TO THE CLAIM. If the unit is installed by anyone other than an
approved installer, purchaser waives all rights or claims for any
warranty issue.
Sunpeak USA Inc. will not be responsible for any delays in delivery
which result from any circumstances beyond its control, including
without limitation, product unavailability, carrier delays, delays
due to fire, severe weather conditions, failure of power, labor
problems, acts of war, terrorism, general insurrection, acts of God
or acts of any government or agency.
Sunpeak
USA Inc. requires that a licensed plumber or trained and qualified
solar installer install our systems in order to receive the
warranties on our products it is also a requirement of the SRCC and
the Federal and State entities offering rebates.
A receipt from the installer with his license number and
letterhead is required for all warranty issues.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon Sunpeak USA Inc. until accepted by
Sunpeak USA Inc. Terms of payment are within Sunpeak USA Inc. sole
discretion. Invoices are due and payable within the time period
specified on the invoice, measured from the date of invoice.
Statement & reminder of payment are sent as Customer expense of
$5.00 each. Customer is responsible for, and will indemnify and hold
Sunpeak USA Inc. harmless from, any applicable sales, use or other
taxes associated with the order. Customer must claim any exemption
from tax at the time of purchase and provide the necessary
supporting documentation. Any sales, use or other applicable tax is
based on the location to which the order is shipped. In the event of
a payment default, Customer will be responsible for all of Sunpeak
USA Inc. costs of collection, including court costs, filing fees and
attorney’s fees and any other fees associated with restocking.
Return Privileges
Please contact Sunpeak
USA Inc. at sales@sunpeakusa.com, 24 hours a day to obtain a Return
Goods Authorization (RGA) before shipping product back to Sunpeak
USA Inc. This will expedite and help ensure the proper action or
credit upon processing. A 20% restocking fee will apply. In order
to expedite a return, please have the following information on hand
when requesting an Return Goods Authorization number:
Customer number,
invoice number, serial number, reason for return, action to take
(replacement/repair/return/credit) and whether the box has been
opened or is manufacturer sealed.
Please return all products 100% complete
including all original manufacturer boxes and packing materials, all
manuals, blank warranty cards, accessories and any other
documentation included with the original shipment. RGA approval is
contingent upon, among other things, the products being 100%
complete. Customer is responsible for shipping charges to Sunpeak
USA Inc. distribution center for all products being shipped for
return, exchange or replacement. Products exchanged or replaced will
be shipped by Sunpeak USA Inc. to Customer, at Sunpeak USA Inc.
expense; using the same shipping method as was used by Customer to
ship the original products back to Sunpeak USA Inc.
Customer is responsible for all risk of loss and damage to products
being shipped for return, exchange or replacement. Please fully
insure return shipment in case of loss or damage. Please use a
carrier that is able to provide you with proof of delivery. This is
for your protection as well as to ensure quick action on your
return.
Return privileges vary by manufacturer.
Please contact Sunpeak USA Inc. at sales@sunpeakusa.com for details.
Thank you for your past and future business with Sunpeak USA Inc.
Return shipping address:
SUNPEAK USA Inc.
Toms Brook, Virginia
22660
Failure to return a product within the
applicable return period will be deemed to be an acceptance of the
product.
Check Payment Policy
Sunpeak USA Inc. will accept a cashiers
check or money order on all orders. Sunpeak USA Inc. will accept
personal or business checks up to $15,000, subject to verification
and clearing. Sunpeak USA Inc. will accept personal and business
checks for prepay orders. Allow 10 business days for clearing.
Insufficient funds checks are subject to a $60.00 fee.
*We would
like to thank NASA and other US Government Agencies for the release
of certain photographs that we have incorporated on our web site.
© 2010 SUNPEAK
