Terms & Conditions

Table of Contents

OVERVIEW

This website is operated by Peak Robotics. Throughout the site, the terms “we”, “us” and “our” refer to Peak Robotics. Peak Robotics offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. 

Section 1 - Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

Section 2 - General Conditions

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

EQUIPMENT SPECIFICATION

As per Quotation.

SERVICES SPECIFICATION

As per Quotation.

PRICE, PAYMENT, AND CUSTOMER’S OBLIGATIONS

As per Quotation.

EQUIPMENT & SOFTWARE CONDITIONS

EQUIPMENT

DESCRIPTION

The descriptions, illustrations, drawings, and material in any catalogues, brochures, leaflets, or other matter represents the general nature of the Equipment including Software, but does not form part of the Specification and no representation is made as to their accuracy.

DELIVERY

Delivery (and passing of risk but not tile) shall occur on collection of the Equipment by the Customer or any carrier, the lapse of 7 days from Peak Robotics’ notice of availability for collection, or Installation, whichever shall occur first.

Peak Robotics shall use all reasonable endeavors to meet any dates or times quoted for the availability, delivery, or installation of the Equipment, or for the provision of related services. All such dates and times shall be estimates only, not involving Peak Robotics in any liability for failure to meet them.
The Customer shall examine the Equipment immediately upon delivery and Peak Robotics reserves the right to reject claims in respect to shortages, damage in transit, or in the case of non-delivery, 14 days after the due date.

RISK

Risk of loss and damage, and responsibility for insuring the Equipment shall pass to the Customer upon delivery; and pending payment in full, the Customer shall insure it for the benefit of Peak Robotics to its full replacement value and the Customer will receive any insurance monies on trust for Peak Robotics and account immediately for the same.

TITLE

The Equipment shall remain the sole and absolute property of Peak Robotics as legal and equitable owner until the Price and all other related charges have been paid in full, whereupon title of the Equipment (but not any intellectual property residing in it or any firmware or software, data, or documentation) shall pass to the Customer.
If the Customer sells the Equipment or sells items into which the Equipment have been incorporated before title has passed to the Customer, the Customer shall receive the entire proceeds of sale on trust for Peak Robotics and immediately account for the same up to the total of all sums then remaining due to Peak Robotics.
Pending payment in full of the Price and all other sums due, Peak Robotics shall have the right without prejudice to any other right or remedy to enter the Customer’s premises and without being responsible for any resulting damage to the Equipment or the premises concerned, take possession of the Equipment.

WARRANTY

Peak Robotics’ sole responsibility in respect to any defects in the Equipment shall be to transfer to the Customer the benefit of any unexpired warranty available to Peak Robotics from its supplier in respect to the particular defective item, provided that Peak Robotics shall not be under any obligation to pay any liability or expense greater than the amount actually recovered from Peak Robotics’ supplier.

HEALTH AND SAFETY

Peak Robotics shall use all reasonable endeavors to ensure that equipment it supplies meet all relevant health and safety standards of the USA. The Customer, at the time of placing a purchase order, MUST ensure that the equipment also meets their required health and safety standards. Subsequently, if delivery of equipment is refused by the Customer on the basis of not meeting their health and safety standards, then the Customer will be liable for charges for the equipment to be brought up to this standard, or any consequential losses incurred by Peak Robotics.

SOFTWARE

SOFTWARE LICENSE

Peak Robotics hereby agrees to grant to the Customer and the Customer hereby accepts a non-exclusive, personal, non-transferable license to use the Licensed Product on a perpetual basis, subject to these Terms and Conditions, and conditional upon payment of the License Fees and other charges as they fall due.
The Licensed Product may only be used on the equipment specified and the Customer is prohibited from creating any copies other than for the purposes of backup.

The Licensed Product consists of proprietary products, the ownership of which are and shall remain with Peak Robotics or its supplier as appropriate, and the Customer shall have no right, title, or interest therein, except as expressly set forth in this Agreement.
To assist in the protection of proprietary rights, the Customer shall permit Peak Robotics to inspect (at all reasonable times during normal working hours) the location at which any Licensed Products are being used or kept, and the Customer’s records of use of the same, although Peak Robotics will use all reasonable efforts to minimize disruption to the normal business activities of the Customer.

In the event of breach of this License or delay in payment of any license fee, Peak Robotics shall be entitled to enter the Customer’s premises and to delete or remove the Licensed Product and its applications any shall not be responsible for any loss or corruption of it or the data associated with it or any other system as a result.

DELIVERY

When Peak Robotics installs the Licensed Product, Delivery shall be deemed to have occurred on the earliest of the dates on which Peak Robotics performs the acceptance tests specified by it or its supplier and so notifies the Customer, or upon the Customer’s use of any part of the Licensed Product, whichever occurs first.

MODIFICATION

The Customer shall not attempt to modify, enhance, or alter the Licensed Product, or permit others to do so, without Peak Robotics’ express prior written permission, and in default any warranty or obligation to maintain the Licensed Product shall immediately terminate.

WARRANTY

Peak Robotics warrants that the Licensed Product will substantially conform in all material respects to the functional criteria set forth in the documentation and manuals supplied with the Licensed Products.
Peak Robotics agrees to use its best endeavors to correct promptly and free of charge (at Peak Robotics’ premises) any non-conformance in breach of the above warranty found in the Licensed Products, and reported to Peak Robotics’ in writing within 90 days of delivery.
Where a defect is found upon investigation not to be Peak Robotics’ responsibility, it reserves the right to charge the Customer on a time and materials basis, at Peak Robotics’ then current rates for all costs and expenses incurred by Peak Robotics’ in investigation and rectification.

SERVICES CONDITIONS

SCOPE OF WORK

So far as the Service is on a fixed-price basis, Peak Robotics shall perform it with professional competence and will use all reasonable endeavors to complete it (and any relevant part) by the dates quoted, although any such dates are estimates only. All computer programs, documentation, and other materials delivered to the Customer will be produced to the appropriate Peak Robotics standards.

So far as the Service is on a time and materials basis:
Peak Robotics will assign appropriately qualified staff to perform the same and would normally regard the assignment as firm for the periods indicated to the Customer, although it may, at its discretion, remove any assigned staff (having endeavored to give prior notice) and provide replacements of equivalent ability;
Peak Robotics staff shall normally work 7.5 hours per working day between 0900 and 1730, except weekends and customary and public holidays, and where a dislocation of working hours (such as shift working or overtime) is agreed, Peak Robotics may impose a surcharge of such additional expenses as it suffers as a result;
Peak Robotics chargeable time will include waiting for facilities or information to be provided by the Customer;
Peak Robotics may increase the staff fee rates after one month’s notice to the Customer, but no more than twice in any 12 month period in respect to any individual, except where he or she is promoted with a consequent increase in salary.

Peak Robotics’ responsibility, in respect to the quality of work, will be to remedy promptly and free of charge any work which is demonstrated to be faulty or deficient;
Either party may terminate this Agreement (without liability arising therefrom) by giving not less than 6 weeks written notice to that effect at any time.
Peak Robotics may make holiday arrangements with staff in accordance with their entitlement, or require them to attend meetings or courses when it shall take reasonable steps to minimize disruption to the Service, and make no charge for any staff so absent.

Peak Robotics may employ subcontractors for the execution of any portion of the Service, but such subcontracting shall not relieve Peak Robotics from its obligations hereunder.

PAYMENT

Payment of fees will be due within 30 days of receipt of an invoice, which shall be made up to the last working day of the calendar month if the Service is on a time and materials basis, and the milestone date(s) if the Service is on a fixed-price basis.

Except where the Price expressly includes travel, subsistence, and other incidental expenses, these will be reimbursed by the Customer at cost (subject to prior written approval by Customer), within 7 days of receipt of an invoice and supporting documentation.
If Peak Robotics itself, or through a third party provides any computer facilities, storage media, data preparation, document photocopying, report printing, or the like as required for the Service, the cost will be passed on to the Customer and any such facilities provided by Peak Robotics itself will be charged at Peak Robotics then current rates.

CONDUCT

Peak Robotics will make reasonable efforts to ensure that its staff complies with all safety regulations concerning his or her conduct at the Customer’s or third party premises.
All documentation, equipment, software, and other material made available to Peak Robotics by the Customer or a third party in connection with the Service shall be returned upon payment of all amounts due to Peak Robotics.

NON-SOLICITATION

Each party agrees that during the period from the date of commencement of the Service to twelve months after full performance of its obligations by that party, it shall not directly or indirectly solicit or offer employment or engagement or entice away on behalf of itself or any other person or organization, any of the other party’s staff who have been associated with the Service.

GENERAL CONDITIONS

QUOTATIONS AND ORDERS

Quotations shall constitute invitations to treat and no contractual or tortuous liability shall arise therefrom unless contained in this Agreement, nor shall any other terms or conditions or any prior or subsequent communications, representations, or modifications be effective unless specifically agreed to in writing by Peak Robotics referring to this clause.

PRICE

  1. All quoted prices and charges are based on the costs of items and materials (including in the case of imported items or product for delivery outside the USA, the rate of exchange between the currencies of that country and the United States), and the costs of labor and transport and of conforming with statutory obligations prevailing at the date hereof. If before delivery any such costs alter, Peak Robotics may amend the Price to take account of such alteration and the Customer shall pay the amended Price.
  2. If the Price is expressed in a non-dollars currency and the rate of exchange varies by more than 5% prior to Delivery, the Price shall be adjusted by the amount of the variation.
  3. The Price for the Equipment includes the cost of normal packaging, but excludes delivery, transit insurance, and installation charges. All prices and charges are exclusive of sales tax, import duties, and like surcharges.
  4. Any Extra costs incurred by Peak Robotics on account of delays, interruptions, or suspension of work due to Customer’s acts or omissions may be added to the Price, subject to prior written Notice to Customer.

PAYMENT TERMS

  1. All payments are due within 30 days of receipt of invoice unless expressed otherwise.
  2. Time for payment of the Price and all fees and expenses shall be of the essence of this Agreement and without prejudice to any other of its rights (and particularly its right to suspend or terminate its obligations or to exercise a lien over any property of the Customer) Peak Robotics shall be entitled to charge interest on overdue accounts at 4% p.a. above the base rate of Peak Robotics’ retail bankers from time to time and shall also be entitled to reimbursement of its expenses, including legal fees and the cost of collection.
  3. Peak Robotics may change the payment terms at any time on written notice when in its absolute opinion the Customer’s financial condition or previous payment record so warrants.

SITE AVAILABILITY

  1. Where installation is included in the Agreement, the Customer will provide a suitable site, ready access, and all other facilities necessary for installation free of charge.
  2. If Peak Robotics’ staff work on the Customer’s or third party premises, the Customer shall ensure that they are provided with suitable office accommodation and services, including without limitation telephone, internet, and photocopying facilities.
  3. The Customer shall provide Peak Robotics promptly (and warrants that it is entitle to do so) with accurate and complete information concerning its operations and activities directly relevant to the Service and the provision of Delivery and Installation.
  4. The Customer shall provide for Peak Robotics’ use, free of charge, the items, facilities, and services (if any) detailed in Schedule 3. If the customer is to provide any computing and ancillary facilities, it will be responsible for the prompt and continuing availability to Peak Robotics of all such facilities in good working order throughout the duration of the Agreement, to the extent necessary for Peak Robotics to perform the Service.

INSTALLATION & ACCEPTANCE

  1. Installation of Equipment and packaged software will be deemed to occur on successful completion of the standard installation tests of Peak Robotics or its supplier, and in other cases on completion of Acceptance Tests.
  2. Peak Robotics shall submit to the Customer an Acceptance Test Specification at least ten working days in advance of testing the Equipment and/or Licensed Product, which shall include details of all tests to be performed, a schedule, any other details, procedures, and requirements, and in the absence of reasoned protest from the Customer, may proceed to conduct the tests.
  3. Peak Robotics shall give the Customer five working days written notice of its intention to commence testing and the Customer may witness the tests and shall ensure that all necessary facilities remain available during the period of testing without charge.
  4. If any of the Equipment or Licensed Product fails to pass any applicable tests, Peak Robotics shall be given such reasonable time and facilities to rectify and repeat them, and shall not be required to repeat any tests in respect to those parts which have successfully completed previously.

RESERVED

CONFIDENTIALITY

  1. Each party undertakes to keep all Confidential Information received from the other party in the strictest confidence, and not to disclose it to any third party without the prior written consent of the other.
  2. Each party shall ensure that its employees and subcontractors shall only access Confidential Information on a “need to know” basis, shall be made aware of the requirements of confidentiality herein, and shall not cause or permit the Confidential Information to be disclosed to any third party. Either party may require the other party to verify compliance with this provision.
  3. Without prejudice to the other rights of the disclosing party, in the event of an unauthorized disclosure or use of Confidential Information occurring through its disclosure, the receiving party shall use all reasonable endeavors to assist the other party in recovering and preventing the use, dissemination, sale, or other disposal of such Confidential Information.

These provisions shall not prevent either party from disclosing any information where it can demonstrate and document that such information was in its possession (with full right to disclose) prior to receiving it from the other party, or the information is or subsequently comes into the public domain other than by breach of its obligations; or it is independently developed or received from a third party acting properly.

  1. The customer agrees not to copy or reverse engineer any Peak Robotics supplied Equipment or part thereof, including Software, that may be the intellectual property of Peak Robotics. Peak Robotics asserts all rights.
  2. The provisions of this clause shall apply during the course of this Agreement and for a period of ten years after termination for whatever cause.

IPR INDEMNITY

  1. Peak Robotics shall indemnify the Customer against final judgement entered or settlement made by the Customer for infringement of any third party United States patent, trademark, and copyright effective as at the date of this Agreement which arises out of the Customer’s use of anything which Peak Robotics supplies in pursuance of this Agreement, provided that the Customer notifies Peak Robotics promptly if any infringement is alleged, makes no admission without Peak Robotics’ written consent, and assists Peak Robotics to conduct all negotiations and litigation.
  2. If any allegation of infringement of third party proprietary rights is made (or in Peak Robotics’ reasonable opinion is likely to be made), Peak Robotics may at its own expense modify or replace that part of the Equipment or the Licensed Product or the Service so as to avoid the infringement and the Customer will ensure that Peak Robotics is provided with all reasonable assistance required.
  3. The indemnity above shall not apply to use of the Equipment or Licensed Product in combination with items not supplied by Peak Robotics, where there would be no infringement by use of them in a manner which could not be reasonably foreseen by Peak Robotics at the date of this Agreement.
  4. The Customer reciprocally indemnifies Peak Robotics in relation to anything which the Customer does or supplies, and in relation to anything which Peak Robotics uses at the request of the Customer.
  5. Peak Robotics’ liability under this Clause shall be in lieu of any other liability whatsoever in respect of alleged or actual infringement of any third party patent, copyright, or other proprietary right.

LIMITATION OF LIABILITY

  1. Peak Robotics shall indemnify the Customer in respect to liability for personal injury including death, to the extent that it results from the negligence of itself, its employees, agents, or subcontractors in the course of their duties while working pursuant to this Agreement.
  2. Peak Robotics shall indemnify the Customer in respect to liability for direct physical damage to the Customer’s tangible property to the extent that it results from the negligence of Peak Robotics, its employees, agents, or subcontractors in the course of their duties while working pursuant to this Agreement, provided Peak Robotics’ liability shall not exceed $1,000,000 in respect to any one event or series of connected events.
  3. Save as provided in Sections 8 and 9 above, Peak Robotics’ liability shall in no circumstances exceed the sum of monies received from the Customer under this Agreement, or $100,000, whichever is less.
  4. Neither party shall be liable for any indirect or consequential loss, damage, injury, or expense of any kind whatsoever including but not limited to loss of production, profits, contracts, or losses consequent upon loss or corruption of data.
  5. The warranties and remedies expressed herein are in lieu of all other conditions and warranties expressed and implied, statutory or otherwise, including but not limited to any relating to fitness for particular purposes, merchantability, usefulness or timeliness and shall be the sole rights and remedy available to the Customer, insofar as Peak Robotics’ liability is concerned.
  6. Save as provided herein, Peak Robotics shall not be liable in tort or contract for any loss, damage, injury, or expense arising out of or in connection with the supply or use of the Equipment or the Licensed Product or the manner of performance of the Service.
  7. The Customer will indemnify Peak Robotics in respect to any claim for loss, damage, injury, or expense by any third party arising from the Customer’s possession, operation, use, modification, or supply to a third party of the Equipment to the extent that it results from the negligence of Customer, its employees, agents, or subcontractors, except and insofar as Peak Robotics is liable as expressly provided for in this Agreement.

TERMINATION

  1. Either party may terminate this Agreement forthwith by written notice to the other:
  2. if the other party commits an irremediable breach of any material obligation of this Agreement or commits a remediable breach and fails to remedy it after receipt of notice to that effect within ten working days in the case of failure to pay money, or twenty working days in other cases; or
  3. if the other party ceases or threatens to cease to carry on its business or if a receiver or similar officer is appointed for it or if proceedings under any bankruptcy or insolvency law are commenced which are not discharged or discontinued within 20 working days or it makes a composition with its creditors, or another arrangement of similar import; all without liability to the other party for invoking that termination and without prejudice to the party’s other rights and remedies.

MISCELLANEOUS

  1. Any notice shall be sufficiently served if it is sent by ordinary first class prepaid post or by telex or fax to the other party at its address herein or such other address at which the parties corresponded at the time of service and shall be deemed to have been given, when it should, in the ordinary course of postage, have been delivered or in the case of telex or fax at the time of verified transmission.
  2. The Customer hereby irrevocably appoints Peak Robotics its attorney for the purpose of repossessing the Equipment and/or License Product and grants the right to enter without prior notice upon the premises where the same is located during normal business hours where Peak Robotics has the right to do so under this Agreement.
  3. Neither party shall be liable for any delay or failure to meet its obligations (other than a payment obligation) under this Agreement due to any cause outside its reasonable control, and if performance is substantially prevented for a continuous period of six months by virtue of the same, then either party may terminate this Agreement by notice.
  4. If any part, term, or provision of this Agreement not being of a fundamental nature should be held illegal or unenforceable, the validity or enforceability of the remainder of the Agreement shall not be affected.
  5. No failure to exercise nor delay in exercising any right herein shall operate as a waiver nor shall the waiver of any breach of any provision herein be taken or held to be a waiver of any subsequent breach unless such waiver is so expressed in writing.
  6. This Agreement may only be modified in writing referring specifically to the relevant clause.
  7. This Agreement shall be construed in accordance with and governed by United States Law and each party agrees to submit to the exclusive jurisdiction of the Federal or State court of the United States of America.

Section 3- Accuracy, Completeness & Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Section 4 - Modifications To The Service & Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Section 5 - Products Or Services (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Section 6 - Accuracy Of Billing & Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

Section 7 - Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. 
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. 

Section 8 - Third-Party Links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Section 9 - User Comments, Feedback & Other Submissions

Certain content, products and services available via our Service may include materials from third-parties. 
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

Section 10 - Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy. 

Section 11 - Errors, Inaccuracies & Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 12 - Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Section 13 - Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. 
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Peak Analysis and Automation, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licencors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

Section 14 - Indemnification

You agree to indemnify, defend and hold harmless Peak Analysis and Automation and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licencors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Section 15 - Serviceability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 16 - Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. 
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Section 17 - Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party

Section 18 - Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

Section 19 - Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 20 - Contact Information

Questions about the Terms of Service should be sent to us at sales@paa-automation.com.

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