Our Returns Policy
If you are a customer in the European Economic Area (EEA), you get 14 calendar days to cancel your order because you have changed your mind. This two week cancellation period starts from the day you have received all of the items in your order. Find out how to return your item(s) using our hassle-free, 3-step returns process here.
If you receive faulty goods, you may also have a right to return these goods and to ask us to repair or replace them or get a refund.
1. FAULTY GOODS
Please return your item(s) to us within 30 days after finding the fault, and remember to get in touch before returning. You can do this by filling out the form on our Customer Service Hub , and a member of our team will look into it. Please don’t use any faulty items after finding the fault, or we may not be able to provide a refund.
2. CANCELLING A CONTRACT UNDER THE CONSUMER CONTRACTS REGULATIONS
If you’re a customer in the EEA, you get 14 days to cancel your contract with us This two week period starts from the day after you receive your order (or from the day after you receive the last item of your order). You’ll need to write to us with notice of your cancellation – just fill out this form where you’ll also find details on how to return your item(s). There are a couple of other ways to cancel your contract with us. You’ll find these alternative methods below: Email us, Write to us. If you’re cancelling your contract with us but have already received your order, you’ll need to return the item(s) to us using these steps . You`ll then receive a full refund as per the policy set out here. For hygiene reasons, pierced jewellery is non refundable.
3. UK CUSTOMERS ONLY - HOW TO RETURN AN ITEM & HOW MUCH DOES IT COST?
Please email our support team to request an RMA to return the goods.
Email : support@peak-uk.com
Please include the following information to request an RMA
- Order number.
- Product code.
- Quantity to return.
- Reason for return.
4. HOW LONG DOES IT TAKE TO PROCESS MY RETURN?
It can usually take up to 7 working days (excluding weekends and bank holidays) from the date of your return for your parcel to be delivered back to our warehouse and processed. On receiving your return the next step is for us to check the item(s). Once our checks are complete we’ll refund your credit/debit card. The funds should appear on your bank statement within 3-5 working days (how long depends on your card issuer). If you paid for your order with a gift voucher or store credit, this will be credited back to your account. We’ll make sure to keep you in the loop and send you an email as soon as your parcel arrives back at our warehouse, and again when we have processed your refund.
5. CAN I HAVE AN EXCHANGE INSTEAD OF A REFUND?
We don’t offer exchanges right now. You can return your item to us for a refund, and then place a new order to get the item of your choice.
Privacy and Cookies
This privacy policy sets out how Peak Development LTD (Peak) uses and protects any information that you give us when you use our website.
Peak is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
Peak may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with these changes. This policy is effective from 1st May 2012
What we collect
We may collect the following information:
- name and job title
- contact information including email address
- demographic information such as postcode, preferences and interests
- other information relevant to customer surveys and/or offers
What we do with the information we gather?
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
- We may use the information to improve our products and services.
- We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided. You may unsubscribe at any time.
- From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
Security
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
What is a Cookie?
An HTTP cookie - commonly referred to as just "cookie" - is a parcel of text sent back and forth between a web browser and the server it accesses. Its original purpose was to provide a state management mechanism between a web browser and a web server. Without a cookie (or a similar solution), a web server cannot distinguish between different users, or determine any relationship between sequential page visits made by the same user. For this reason, cookies are used to differentiate one user from another and to pass information from page to page during a single user's website session. A web server uses cookies to collect data about a given browser, along with the information requested and sent by the browser's operator (the visitor). Cookies do not identify people, but rather they are defined themselves by a combination of a computer, a user account, and a browser.
Cookies We Use
Google Analytics tracking (along with most web tracking software) uses cookies in order to provide meaningful reports about your visit to our site. However, Google Analytics cookies do not collect personal data about you.
Google Analytics uses cookies to define user sessions, as well as to provide a number of key features in the Google Analytics reports. Google Analytics sets or updates cookies only to collect data required for the reports. Additionally, Google Analytics uses only first-party cookies. This means that all cookies set by Google Analytics for the domain send data only to the servers for that domain. This effectively means that the data cannot be altered or retrieved by any service on another domain.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
- whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
- if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at salessupport@peak-uk.com
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible at the above address. We will promptly correct any information found to be incorrect.
What are Cookies?
We’re not talking about the cookie that you eat (unfortunately). Cookies are text files containing small amounts of information which allow our site to recognise your device and are downloaded to your device when you visit a website if you agree to the site doing so. Cookies are then sent back to the website on each subsequent visit, or to another website that recognises that cookie.
Cookies are useful because they allow a website to recognise a user’s device and are widely used in order to either make websites, work more efficiently, let you navigate between pages, remember your preferences, and generally improve your user experience. They can also help to ensure that adverts you see online are more relevant to you and your interests.
Our site uses cookies to distinguish you from other users of Peak. This helps us to provide you with a better experience when you browse our website and make improvements. Some of the cookies we use are "analytical" cookies. They allow us to recognise and count the number of visitors and to see how visitors move around the site when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
Cookies do not contain confidential information such as your home address, telephone number or credit card details. We do not exchange cookies with any third party websites. Please note that our advertisers and affiliates may also use cookies, over which we have no control.
Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies and download them onto your device when you log on to our site. If you don’t want to allow us to download any cookies onto your device, simply click the link below;
Change Browser Settings
If you don’t change your browser settings and continue to use our site, we will assume that you consent to us continuing to download cookies onto your device.
Whether or not you allow us to download cookies is up to you, but if you choose to disable cookies by changing your Browser Settings, our Website and its features may not necessarily work in the same way or produce the same personalised experience. If you delete all of your cookies, you will have to update your preferences with us again. If you use a different device, computer profile or browser you will have to tell us your preferences again.
You can find more information about cookies at: www.allaboutcookies.org and www.youronlinechoices.eu
For a video about cookies visit www.google.co.uk/goodtoknow/data-on-the-web/cookies
Terms of use
Welcome to the Peak Web Site (the "Site"). By accessing and using the Site, you agree to follow and be bound by the following terms and conditions relating to your use of the Site ("Conditions of Use") and our Privacy Policy. We may revise the Conditions of Use and Privacy Policy at any time without notice to you. If you are a customer of Peak then you are also bound by the provisions of your contract with Peak (your "Peak Contract").
Areas of the Site may have different terms of use posted. If there is a conflict between the Conditions of Use and terms of use posted for a specific area of the Site, the latter shall have precedence with respect to your use of that area of the Site. If there is a conflict between the Conditions of Use, any terms of use posted for a specific area of the Site and the terms of your Peak Contract, then your Peak Contract shall have precedence.
1. Use of Web Site Information
You may download, view, copy and print documents and graphics incorporated in these documents (the "Documents") from the Site subject to the following: (a) the Documents may only be used for commercial purposes where used in accordance with your Peak Contract and otherwise are solely for personal, informational, non-commercial purposes; and (b) the Documents may not be modified or altered in any way. Except where your use constitutes "fair use" under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, licence, post, transmit or distribute any information from this Web Site in whole or in part without the express written authorisation of Peak.
2. Use of Software
Any use of software and accompanying documentation you download from the Site is subject to the terms of a software licence agreement between you and Peak. You must read the licence agreement and indicate your agreement to its terms prior to installing or using the software. All rights, title and interest not expressly granted are reserved.
3. Use of Forums and Public Communication
"Forum" means a discussion group, chat area, bulletin board, news group, letter to Peak, its webmaster or employees, or e-mail function offered as part of the Site. You agree not to upload, email, post, publish or otherwise transmit through a Forum any content that: (a) is false or misleading; (b) is defamatory; (c) is harassing or invades another's privacy, or promotes bigotry, racism, hatred or harm against any group or individual; (d) is obscene; (e) infringes another's rights, including but not limited to intellectual property rights; (f) constitutes unsolicited bulk e-mail, "junk mail," "spam" or chain letters; or (g) violates any applicable laws or regulations.
Forums if available shall be used in a non-commercial manner only. You shall not distribute or otherwise publish any content containing a solicitation of funds, promotion, advertising, solicitation for goods or services, or other commercial matter. You agree not to solicit other users of the Site to use, join or become members of any commercial online or offline service or other organisation. Except where expressly authorised by Peak, you agree not to collect or store personal data about other users.
By uploading, emailing, posting, publishing or otherwise transmitting content to any Forum or submitting any content to Peak, you automatically grant (or warrant that the owner of such rights has expressly granted) Peak a perpetual, royalty-free, irrevocable, nonexclusive right and licence to use, reproduce, modify, adapt, publish, transmit and distribute such content on in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called moral rights in the content have been waived.
4. Passwords and Security
You are responsible for maintaining the confidentiality of any password(s) you are given to access the Site, and are fully responsible for all activities that occur under your password(s). You agree to notify Peak immediately of any unauthorised use or disclosure of your password(s).
Peak is concerned about the security of personal information we have collected from you and has taken reasonable steps to prevent unauthorised access to that information.
5. Termination of Use
You agree that Peak may, at its sole discretion and at any time terminate your access to the Site and any account(s) you may have in connection with the Site. Access to the Site may be monitored by Peak.
6. Third Party Web Sites, Content, Products and Services
The Site provides links to Web Sites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Site. You agree that Peak is not responsible for the availability of, and content provided on, third party Web Sites. You should refer to the policies posted by other Web Sites regarding privacy and other topics before you use them. You agree that Peak is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Peak is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that Peak is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
7. Peak Logo and Trademarks
Peak's trademarks and service marks, logos, logotypes, signatures and design marks ("Peak marks and logos") are valuable assets that Peak needs to protect. Accordingly, we ask that you follow these guidelines with respect to Peak logos. You are generally not able to use Peak marks and logos unless you are specifically licenced to do so. Information regarding such licensing can be obtained from Peak
8. Disclaimer
Except as expressly provided in these Conditions of Use, the Site, and all content, materials, information, software, products and services provided on the Site, are provided on an "as is" and "as available" basis. Peak expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Peak makes no warranty that:
(a) the Site will meet your requirements;
(b) the Site will be available on an uninterrupted, timely, secure, or error-free basis;
(c) the results that may be obtained from the use of the Site or any services offered through the Site will be accurate or reliable; or
(d) the quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations.
Any content, materials, information or software downloaded or otherwise obtained by the use of the Site is done at your own discretion and risk. Peak shall have no responsibility for any damage to your computer system or loss of data that results from the download of any content, materials, information or software.
Peak reserves the right to make changes or updates to the Site at any time without notice.
9. Limitation of Liability
In no event shall Peak be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or use, incurred by you or any third party, whether in an action in contract or tort (including negligence), arising from your access to, or use of, the Site.
Some jurisdictions do not allow the limitation or exclusion of liability. Accordingly, some of the above limitations may not apply to you.
10. Indemnity
You agree to defend, indemnify and hold harmless Peak, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable legal fees and costs, arising out of or in any way connected with your access to or use of the Site.
11. Privacy Policy
Peak is concerned about your privacy and has developed a policy to address privacy concerns. You can find a link to its current privacy policy on the Site
12. Applicable Laws
Your access to and use of the Site shall be governed by English law. The courts of England have exclusive jurisdiction to settle any dispute arising out of or in connection with the Conditions of Use. This clause 12 is for the benefit of Peak only. As a result, Peak will not be prevented from taking proceedings relating to a dispute in any other courts with jurisdiction. To the extent allowed by law, Peak may take concurrent proceedings in any number of jurisdictions.
13. Copyright/Trademark Information
All rights reserved. Copyright © 2017 Peak.
14. Contact Information
If you have any questions regarding these Conditions of Use, please contact Peak, at Herongate, Charnham Park, Hungerford, Berkshire, RG17 0YU, United Kingdom
Terms of Sale
1. INTERPRETATION
1.1 In these Conditions the following words have the following meanings:
Word Meaning
the “Buyer” the person(s), firm or company who purchases the Goods from the Company; the “Company” Peak Development Limited of Unit 2 Flanders Park, Flanders Road, Hedge End, Southampton SO30 2FZ (Company Registration Number: 03390397); “Contract” any contract between the Company and the Buyer for the sale and purchase of the Goods, incorporating these Conditions; “Delivery Point” the place where delivery of the Goods is to take place under Condition 7; “Goods” any goods agreed in the Contract to be supplied to the Buyerby the Company (including
any part or parts of them); “Price” the price of the Goods payable by the Buyer to the Company;
1.2 References to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
1.3 References to the masculine include the feminine and the neuter and to the singular include the plural and vice versa as the context admits or requires.
1.4 Headings will not affect the construction of these Conditions.
2. APPLICATION OF TERMS
2.1 Subject to any variation under Condition 2.2 the Contract will be on these Conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document). The Company reserves the right to refuse to trade with any Buyer who does not accept the Company’s terms and conditions.
2.2 These Conditions apply to all the Company’s sales and any variation to these Conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by a director of the Company.
3. ORDERS
3.1 Each order for Goods by the Buyer from the Company shall be deemed to be an offer by the Buyer to purchase Goods subject to these Conditions and shall be accepted entirely at the discretion of the Company.
3.2 Orders placed by telephone will be accepted by the Company only if an order number is quoted by the Buyer and shall be confirmed in writing by the Buyer. Such confirmation must be clearly marked by the Buyer as confirmation of a telephone order.
3.3 No order placed by the Buyer whether by telephone or otherwise shall be accepted by the Company until the Company delivers the Goods to the Buyer. The Company will not accept liability or responsibility for any duplication of delivery of an order placed by telephone where the Buyer fails to clearly mark the written confirmation as confirmation of a telephone order.
3.4 Each order which is so accepted shall constitute an individual legally binding contract between the Company and the Buyer.
3.5 Any quotation supplied by the Company is given on the basis that it is valid for a period of 10 days only from its date, provided that the Company has not previously withdrawn it. Any quotation does not represent an obligation on the Company to supply until the Buyer’s order is accepted by the Company.
4. SPECIFICATION
4.1 The specification of the Goods shall be in accordance with (a) the manufacturer’s current catalogue or brochure as published from time to time and (b) any further specifications or descriptions (if any) expressly listed or set-out on the face of the Contract.
4.2 No other specification descriptive material written or oral representation correspondence or statement promotional or sales literature shall form part of or be incorporated by reference into the Contract.
4.3 The Company does not accept any responsibility for damage, injury, loss or expense resulting from variations in manufacturers’ data or specification or from curtailment or cessation of supply following such variations. The Company will use its reasonable endeavours to advise the Buyer of any such variations as soon as notification is received by the Company from manufacturers.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 Where products advertised in any of the Company’s publications or on its website are subject to any patent, trademark, registered or unregistered design or copyright (‘Intellectual Property Rights’) of third parties, the Buyer acknowledges that all such rights are the property of their respective owners.
5.2 Any design or instruction furnished or given by the Buyer shall not be such as will cause the Company to infringe the intellectual property rights of third parties.
6. PROPRIETARY RIGHTS IN SOFTWARE PRODUCTS
6.1 The Buyer acknowledges that all Intellectual Property Rights in any software supplied by the Company shall at all times and for all purposes remain vested in the software owners.
7. DELIVERY
7.1 Unless stated in the Contract, the Price excludes delivery to the address specified in the Contract. The Company reserves the right to make an additional charge to cover any transport costs incurred in delivering the Goods to the address specified in the Contract.
7.2 Any time or date for delivery given by the Company is given in good faith but is an estimate only. Time for delivery shall not be made of the essence by notice. If no time or date is given, delivery will be within a reasonable time.
7.3 Risk in the Goods shall pass to the Buyer upon delivery.
7.4 If for any reason the Buyer will not accept delivery of any of the Goods when they are ready for delivery, or the Company is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, licences or authorisations:
7.4.1 risk in the Goods will pass to the Buyer (including risk for loss or damage caused by the Company’s negligence);
7.4.2 the Goods will be deemed to have been delivered; and
7.4.3 The Company may store the Goods until delivery whereupon the Buyer will be liable for all related costs and expenses (including without limitation storage and insurance).
7.5 The Buyer shall provide at its expense at the Delivery Point adequate and appropriate equipment and manual labour for unloading the Goods.
7.6 The Company reserves the right to make delivery of the Goods by instalments. Where the Goods are delivered by instalments, these Conditions shall apply to each delivery by instalments as if each instalment were the subject of a new Contract.
8. NON-DELIVERY, DAMAGE IN TRANSIT AND RETURNS
8.1 The quantity of any consignment of Goods as recorded by the Company upon despatch from the Company shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary.
8.2 Any liability of the Company for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note to the Buyer at the pro rata Contract rate against any invoice raised for such Goods.
8.3 The Company will replace free of charge any Goods proved to the Company’s satisfaction to have been damaged in transit provided that within 3 days after delivery both the Company and the carriers have received from the Buyer notification in writing of the occurrence of the damage and also, if and so far as practicable, of its nature and extent.
8.4 Return of the Goods by the Buyer can only be made in accordance with the Company’s prevailing returns policy which is available from the Company on request.
9. RISK/TITLE
9.1 The Company warrants to the Buyer that (except in relation to intellectual property rights of third parties) it has good title to the Goods.
9.2 Unless otherwise stated in the Contract payment of the Price shall become due 30 days after the date of the Company’s invoice.
9.3 Title to the Goods shall not pass to the Buyer until the Company has received in full (in cash or cleared funds) all sums due to it in respect of the Goods and of all other goods agreed to be sold by the Company to the Buyer for which payment is then due.
9.4 Until such time as title in the Goods passes to the Buyer the Buyer shall hold the Goods as the Company’s fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer and third parties and properly stored protected and insured and identified as the Company’s property.
9.5 The Buyer may resell the Goods before title has passed to it in the ordinary course of its business but shall account to the Company for the proceeds of sale or otherwise of the Goods whether tangible or intangible including insurance proceeds and shall keep all such proceeds separate from any moneys or property of the Buyer and third parties and in the case of tangible proceeds properly stored protected and insured.
9.6 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold) the Company shall be entitled at any time to require the Buyer to deliver up the Goods to the Company and if the Buyer fails to do so forthwith to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.
9.7 The Buyer shall not be entitled to pledge or in any way charge by way of security for an indebtedness any of the Goods which remain the property of the Company but if the Buyer does so all moneys owing by the Buyer to the Company shall (without prejudice to any other right or remedy of the Company) forthwith become due and payable.
10. PRICE AND PAYMENT
10.1.1 Unless otherwise agreed by the Company in writing the Price shall be the price set out in the Company’s price list published on the date of delivery or deemed delivery. All prices quoted in the Company’s price list, are payable in Great Britain £ sterling unless otherwise agreed.
10.1.2 The Price is payable thirty (30) days following the date of the invoice unless otherwise agreed.
10.1.3 The Company reserves the right, without prior notice to the Buyer, to vary any advertised prices on the Company’s web site, price lists or literature.
10.2 The Price shall be exclusive of any value added tax which will be applied at the rate in force at the time that the invoice is prepared for the Buyer by the Company.
10.3 The Company reserves the right to cancel or suspend any further deliveries or suspend any service due to the Buyer under the Contract or under any other contract between the Buyer and the Company, or the Company may require the Buyer to provide such financial security as the Company may deem necessary before making any further supply of Goods.
10.4 Time for payment shall be of the essence.
10.5 No payment under these Conditions shall be deemed to have been received until the Company has received cleared funds.
10.6 All payments payable to the Company under the Contract shall become due immediately upon termination of this Contract despite any other provision.
10.7 The Buyer shall make all payments due under the Contract without any deduction whatsoever whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by the Company to the Buyer.
10.8 If the Buyer fails to pay the Company any sum due pursuant to the Contract the Buyer will be liable to pay interest to the Company on such sum from the due date for payment at the annual rate of 2 % above the base lending rate from time to time of Barclays Bank, accruing on a daily basis until payment is made, whether before or after any judgment. The Company reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
10.9 The Buyer will pay any additional fees incurred by the Company in relation to the collection of any outstanding amounts due and payable by the Buyer to the Company.
11.GUARANTEE
11.1 In respect of all goods manufactured and supplied to the Company by third parties the Company will pass on to the Buyer (in so far as possible) the benefit of any warranty given to the Company by such third parties and will (on request) supply to the Buyer details of the terms and conditions of such warranties and copies of any relevant product information sheets, technical data sheets or product leaflets issued by such third parties and the Buyer shall be solely responsible to the entire exclusion of the Company for complying with all of these.
11.2 The Company’s liability under this condition shall be to the exclusion of all other liability to the Buyer whether contractual tortuous or otherwise for defects in the Goods or for any loss or damage to or caused by the Goods and (subject to sub-clauses 11.3 and 11.4) all other conditions warranties stipulations or other statements whatsoever concerning the Goods whether express or implied by statute or common law or otherwise howsoever are hereby excluded; in particular (but without limitation of the foregoing) the Company gives no warranties regarding the fitness for purpose, performance, use, nature or quality of the Goods, whether express or implied by statute, at common law or otherwise howsoever.
11.3 If and to the extent that s. 6 and/or s. 7(3a) of the Unfair Contract Terms Act 1977 applies to the Contract no provision of these terms and conditions shall operate or be construed to operate so as to exclude or restrict the liability of the Company for breach of the express warranties contained in condition 9 or for breach of the applicable warranties as to title and quiet possession implied into the terms and conditions of the Contract by s.12(3) of the Sale of Goods Act 1979 or s. 2(3) of the Supply of Goods and Services Act 1982, whichever Act applies to the Contract.
11.4 Where the Buyer is a natural person nothing in these terms and conditions shall operate or be construed to operate so as to exclude or restrict the liability of the Company for death or personal injury caused by reason of the negligence of the Company or of its servants employees or agents.
11.5 Subject to sub-clauses 11.4 and 11.5 and notwithstanding anything contained in these Conditions or the Contract the Company’s liability to the Buyer in respect of the Contract in contract, tort (including negligence or breach of statutory duty) or howsoever or otherwise arising shall be limited to the Price or five million pounds (£5,000,000.00) whichever is the greater.
11.6 The Company shall not be held liable for any loss, damage or destruction of any data or image placed by the Buyer on memory products which are supplied to the Buyer by the Company under the terms of the Contract.
12. FORCE MAJEURE
The Company reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.
13.GENERAL
13.1 Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.
13.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
13.3 Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.
13.4 Any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Buyer will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.
13.5 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.
Disclaimer
The information set out in the publication is provided by Peak "as is", with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of such information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. In no event will Peak, its related corporations, or the partners, agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information in the publication or for any direct, indirect, incidental, consequential, special or similar damages, loss of revenue, profits or data even if advised of the possibility of such damages. Nothing in this Disclaimer shall exclude or limit Peak’ liability for any liability which cannot be excluded or limited under applicable law.
Kerridge Commercial Systems may make changes to the content of the publication at any time without notice. No part of the publication may be produced, transmitted, transcribed, stored in a retrieval system, translated into any language or computer language, in any form or by any means, without the prior written permission of Peak.
© 2018 Peak All Rights Reserved