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SUNPEAK USA Inc.

Terms and conditions:

PLEASE READ THESE TERMS AND CONDITIONS OF SALE VERY CAREFULLY.

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 USA INVOICE OR OTHER SUNPEAK USA DOCUMENTATION, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS OF SALE UNLESS CUSTOMER AND SUNPEAK USA HAVE SIGNED A SEPARATE AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN.


Important Information about the Terms and Conditions of Sale
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.
394 Brook Creek Road
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 USA