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

Important Information About These Terms and Conditions of Sale
These terms and conditions of sale constitute a binding contract between Customer and Sunpeak Ireland. Customer accepts these terms and conditions of sale by making a purchase, paying deposit, placing an order with Sunpeak Ireland. 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 Ireland 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 Ireland 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 Ireland 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 IRELAND, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR LITIGATION WILL BE BROUGHT IN IRELAND AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE STATE COURTS LOCATED IN IRELAND AND SUBMITS TO THE JURISDICTION THEREOF AND WAIVES THE RIGHT TO CHANGE VENUE. 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 Ireland facility to Customer will be at Customer own expenses. All shipments, title to products and risk of loss or damage during shipment passes from Sunpeak Ireland 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 Ireland immediately to arrange for a carrier inspection and a pick up of damaged products. Please notify Sunpeak Ireland in writing WITHIN THE FIRST 10 DAYS of receipt. Timely receipt of this information is necessary for Sunpeak Ireland to file a damage claim. Later received complains will not be accepted.

Title
Goods will remain the property of Sunpeak Ireland and 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 Ireland is not the manufacturer of the products purchased by Customer hereunder and the only warranties offered are those of the manufacturer, not Sunpeak Ireland. 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 Ireland. In connection with services, neither affiliates of Sunpeak Ireland nor third party service providers are agents of Sunpeak Ireland has no obligation or liability arising from any services performed by or any warranty, if any, made by, such service providers. SUNPEAK IRELAND 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 IRELAND, 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. Prices posted on our web Site are NOT VALID. Sunpeak Ireland 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. Therefore, Sunpeak Ireland cannot guarantee that it will be able to full-fill Customer’s orders.

Limitation of Liability
NEITHER. SUNPEAK IRELAND 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 IRELAND 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 IRELAND OR ITS AFFILIATES, NEITHER SUNPEAK IRELAND NOR ITS AFFILIATES ARE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE EURO AMOUNT PAID BY CUSTOMER FOR THE PRODUCT (S) OR SERVICE (S) GIVING RISE TO THE CLAIM.

Sunpeak Ireland 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, labour problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency.

Orders; Payment Terms; Interest; Taxes
Orders are not binding upon Sunpeak Ireland until accepted by Sunpeak Ireland Terms of payment are within Sunpeak Ireland sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice. Sunpeak Ireland may invoice parts of an order separately. Customer agrees to pay interest on all past-due sums at the lower of five and one-half percent (5 1/2%) per month or at the highest rate allowed by law. Statement & reminder of payment are sent as Customer expense of €3, 00 each. Customer is responsible for, and will indemnify and hold Sunpeak Ireland 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 Ireland costs of collection, including court costs, filing fees and attorney’s fees.

Return Privileges
Please contact Sunpeak Ireland at sales@sunpeakireland.com, 24 hours a day, and 7 days a week to obtain a Return Goods Authorization (RGA) before shipping product back to Sunpeak Ireland. This will expedite and help ensure the proper action or credit upon processing.
In order to expedite a return, please have the following information on hand when requesting an RGA 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 Ireland distribution centre for all products being shipped for return, exchange or replacement. Products exchanged or replaced will be shipped by Sunpeak Ireland to Customer, at Sunpeak Ireland expense; using the same shipping method as was used by Customer to ship the original products back to Sunpeak Ireland.
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 Ireland at sales@sunpeakireland.com for details. Thank you for your past and future business with Sunpeak Ireland.

Return shipping address:
SUNPEAK IRELAND
unit 2, carraroe, co. Galway,
Ireland

Failure to return a product within the applicable return period will be deemed to be an acceptance of the product.

Check Payment Policy
Sunpeak Ireland will accept a cashiers check or money order on all orders. Sunpeak Ireland will accept personal or business checks up to €10,000, subject to verification and clearing. Sunpeak Ireland will accept personal and business checks for prepay orders. Allow 10 business days for clearing.