Please review the following Terms and Conditions. If you visit or purchase products on the Peak Nano website, you accept these terms. We reserve the right to make changes to our site and to these terms at any time. Your use of the site following any such changes shall confirm your agreement to follow and be bound by the terms as modified.
Peak Nano (“Peak”) offers a Standard limited warranty (“Standard Limited Warranty”) that its product will be free from defects in material and workmanship under proper usage for the warranty period as specified herein (“Warranty Period”) from the date of original shipment from Peak if purchased through an authorized sale. To make a warranty claim, the product and purchasing documents must be returned to Peak (at user’s expense) and Peak will have the option (in its sole discretion) to exchange or recondition the product, that after examination by Peak is determined to be defective and return the product via pre-approved carrier at user’s expense. In the event Peak hardware is used with a non-PEAK product, the Warranty Period for the PEAK product is limited to one (1) year. This Standard Limited Warranty is void if the date of manufacture which is laser engraved on the product is defaced, modified, or altered. This Standard Limited Warranty is only for products purchased directly from Peak or an authorized reseller. Items purchased via eCommerce such as eBay, Craigslist, Amazon, or any other online marketplaces are not eligible for the Limited Warranty.
The Standard Limited Warranty does not include damages arising from improper use, maintenance, repairs, installation or storage, abuse, misuse, misapplication, vandalism, negligence, neglect, normal wear and tear or any other circumstances over which Peak has no control.
Nothing contained in any operation manual, instructions, catalogue, or written materials shall amend these terms.
PEAK MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED. PEAK SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT Limited TO, THE WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.
The Standard Limited Warranty is purchaser’s sole and exclusive remedy for warranty coverage, Peak conduct, or for any other claim or cause of action against Peak. Peak shall not be responsible for any direct, incidental or consequential damages, including without limitation, costs resulting from labor charges, repairing surrounding product, replacements, or any delays.
IN ADDITION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PEAK SHALL NOT BE LIABLE FOR ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY. IN NO EVENT SHALL PEAK BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT STANDARD LIMITED TO, LOSS OF PROFITS, FUTURE REVENUE, DATA, OR ANY OTHER LOSS, REGARDLESS OF WHETHER A CLAIM OR ACTION IS ASSERTED IN CONTRACT OR TORT, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE, OR COULD HAVE BEEN REASONABLY FORESEEN. IN THE EVENT THIS LIMITATION OF DAMAGES IS HELD UNENFORCEABLE, THEN THE PARTIES AGREE THAT BY REASON OF THE DIFFICULTY IN FORESEEING POSSIBLE DAMAGES, ALL LIABILITY WITH RESPECT TO A CLAIM AGAINST PEAK IN CONNECTION WITH OR RELATED TO ANY PRODUCT PROVIDED HEREUNDER SHALL BE Standard Limited SOLELY TO DIRECT DAMAGES, AND MAY BE SATISFIED BY REPAIR OR REPLACEMENT OF NONCONFORMING PRODUCT (AS DETERMINED BY PEAK IN ITS SOLE AND ABSOLUTE DISCRETION), AND IN NO EVENT SHALL EXCEED THE LESSER OF $20,000.00 USD OR THE PURCHASE PRICE OF THE PRODUCT.
This language supersedes any purchase order. Peak specifically does not agree with any conflicting terms. No employee or agent may modify these terms. Peak does not accept returns or exchanges.
Terms and Conditions:
Peak Nano takes credit card and personal data security very seriously. All personal information provided to Peak Nano will remain private. We will not sell, lease, or otherwise use information provided for any other purpose beyond the fulfillment of the order placed. The information we ask for when you order on-line is your name, address, phone number, credit card number and email address, and it’s used only to complete the order, to confirm the order and to confirm shipment of the order. You may opt to save your information and create an account with Peak Nano This information is then stored only for the purposes of faster checkout and application of discounts. Peak Nano will give you access to the personal information you provided, by allowing you to view, update or correct your information. You will create a username and password to verify your identity before being able to access your information. “Cookies” are used by Peak Nano only to allow you to use Wilcox Industries Corp ‘s web site in the most efficient manner.
When you visit Peak Nano or send e-mails to us, you are communicating with us electronically. You agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Peak Nano uses your e-mail address to confirm your order and to confirm shipment of your order and to respond to any inquiries you make on-line. Any comments or feedback submitted by users of the website shall be and remain the property of Peak Nano Peak Nano is under no obligation to pay for or respond to any such comments or feedback provided by users.
COPYRIGHT AND TRADEMARKS
All content on this site including products, text, graphics, logos, icons, images, artwork, photographs and data compilations are the property of Peak Nano and protected by United States and international copyright laws. Peak Nano’s graphics, logos, page headers, button, icons and product names are trademarks, registered trademarks or trade dress of Peak Nano Trademarks or trade dress may not be used in connection with any product or service that is not Peak Nano’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Peak Nano You may not copy, reproduce, publish, transmit or otherwise use any copyrighted or trademarked materials present on this site without prior written consent. One or more patents apply to this site.
LICENSE AND SITE ACCESS
Peak Nano grants you a limited license to access and make personal use of this site, but not to download (other than page caching) or modify it, except with express written consent of Peak Nano This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of Peak Nano You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) of Peak Nano without express written consent. You may not use any meta tags or any other “hidden text” utilizing Peak Nano’s name or trademarks without the express written consent of Peak Nano. Any unauthorized use terminates the permission or license granted by Peak Nano You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of Peak Nano so long as the link does not portray Peak Nano in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Peak Nano logo or other proprietary graphic or trademark as part of the link without express written permission.
RISK OF LOSS
All items purchased from Peak Nano are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Peak Nano attempts to be as accurate as possible. However, Peak Nano does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Peak Nano itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. Discounts are available to certain groups at our discretion.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This site is provided by Peak Nano on an “as is” and “as available” basis. Peak Nano makes no representations or warranties of any kind, express or implied, including without limitation, warranties of merchant ability or fitness for a particular purpose. As to the operation of this site or the information, content, materials or products included on this site, you expressly agree that your use of this site is at your sole risk. Peak Nano does not warrant that this site, its servers or e-mail sent from Peak Nano are free of viruses or other harmful components. Peak Nano will not be liable for any damages of any kind arising from usage of this site, including, but not limited to direct, indirect, incidental, punitive and consequential damages.
Peak Nano is located in Valley View, Ohio. By visiting Peak Nano you agree that the laws of the state of Ohio, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Peak Nano.
Any dispute relating in any way to your visit to Peak Nano or to products you purchase through Peak Nano shall be submitted to confidential arbitration in Valley View, Ohio, except that, to the extent you have in any manner violated or threatened to violate Peak Nano’s intellectual property rights, Peak Nano may seek injunctive or other appropriate relief in any state or federal court in the state of Ohio, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Peak Nano Cookie Notification
7700 Hub Pkwy #6
Valley View, OH 44125