Terms & Conditions

The contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

Events outside our control:

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ‘Force Majeure’ Event. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following Strikes, lock-outs or other industrial action Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster communicated to you in writing in accordance with these terms and conditions. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. Impossibility of the use of public or private telecommunications networks. The acts, decrees, legislation, regulations or restrictions of any government. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure. Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

Waiver:

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with these terms and conditions.

Severability:

If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Entire agreement:

We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing. Our right to vary these terms and conditions: We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities or any other changes. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products) Contract Information and Governing Law: A Contract is formed between you and Peakert Distribution  only when you have received confirmation that your order has been dispatched and you are notified of the order/dispatch number on the screen and by e-mail.

Copyright:

You are permitted to copy and to print all or part of this website for the purpose only of placing an order with Peakert Distribution. Any other use or reproduction of this website or any of its components is strictly prohibited without the prior written permission of Peakert Distribution.

Disclaimer:

Whilst great care has been taken to ensure that the information on this website is accurate, information as to price may be subject to change without notice. Without in any way reducing or affecting you statutory rights, Peakert Distribution LLC makes no representations or warranties either that the information in or accessible via this website is accurate, complete or current, nor of any other kind, express or implied, with respect to this website or the products, information, materials or content including, without limitation, warranties of merchantability and/or fitness of any product for a particular purpose.

Our Liability:

1. A) We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
2. B) Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
3. C) This does not include or limit in any way our liability:
4. a) For death or personal injury caused by our negligence;
5. b) Under section 2(3) of the Consumer Protection Act 1987;
6. c) For fraud or fraudulent misrepresentation; or
7. d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability,
8. D) We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
9. a) loss of income or revenue
10. b) loss of business
11. c) loss of profits or contracts
12. d) loss of anticipated savings
13. e) loss of data, or
14. f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise even if foreseeable]; provided that this clause D shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause A or clause B or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this clause D.

Statutory Rights:

Your Statutory Rights are unaffected by anything appearing in these terms and conditions.