Terms & Conditions
Effective July.16.2026
PEAK INDUSTRIAL, INC. / PEAK INDUSTRIAL PLAINS
STANDARD TERMS AND CONDITIONS OF SALE
The following Terms and Conditions apply to all sales of equipment, parts, service, labor, rentals, and other goods or services provided by Peak Industrial, Inc., Peak Industrial Plains, and their affiliated entities ("Seller").
1. Acceptance of Terms
Customer's acceptance of delivery of goods, performance of services, or payment of any invoice constitutes acceptance of these Terms and Conditions. Any terms proposed by Customer that differ from or add to these Terms and Conditions are expressly rejected unless agreed to in writing by Seller.
2. Payment Terms
Unless otherwise stated on the invoice, payment is due within the terms specified on the invoice date. Past due balances may accrue interest at the lesser of 1.5% per month (18% annually) or the maximum rate permitted by applicable law.
Seller may suspend future deliveries, services, warranty work, or credit privileges if any account becomes delinquent.
3. Taxes
Customer is responsible for all applicable sales, use, excise, personal property, environmental, disposal, transportation, and similar taxes arising from the transaction unless Customer provides a valid tax exemption certificate.
4. Ownership and Security Interest
Title to goods sold shall remain with Seller until payment in full is received. Seller retains a purchase money security interest in all goods sold and proceeds thereof until all obligations of Customer are satisfied. Customer agrees to execute any documents reasonably required to perfect such security interest.
5. Inspection and Claims
Customer shall inspect all goods upon receipt. Any shortage, damage, or discrepancy must be reported at time of delivery if received in person or in writing within five (5) business days of delivery if received via shipment. Failure to provide timely notice shall constitute acceptance of the goods.
6. Returns
Returns are subject to Seller's prior written authorization. Returned goods may be subject to restocking fees and must be unused, in resalable condition, and returned in original packaging. Special-order, non-stock, custom, electrical, or discontinued items are generally non-returnable.
7. Service Work Authorization
Customer authorizes Seller to perform services requested verbally, electronically, or in writing. Outside of repairs to Thermo King and JCB equipment where OEM parts are always used, seller may use new, rebuilt, remanufactured, aftermarket, or OEM parts in the performance of service work unless otherwise agreed in writing.
Customer shall pay for all labor, travel, mileage, freight, environmental fees, disposal fees, diagnostics, shop supplies, subcontracted work, and parts used in connection with the services provided.
8. Service Estimates
Estimates are provided for planning purposes only and are not guaranteed quotations. Actual charges may vary based upon conditions discovered during diagnosis, repair, installation, or service. Customer agrees to pay reasonable additional charges necessary to complete requested work.
9. Equipment Storage and Abandoned Property
Equipment left in Seller's possession after notice of completion may be subject to storage charges. Equipment not claimed within ninety (90) days after notice may be deemed abandoned and disposed of in accordance with applicable law. Customer shall remain liable for all charges owed.
10. Limited Warranty
Seller assigns to Customer any transferable manufacturer warranties applicable to goods sold.
Unless otherwise expressly stated in writing by Seller:
New equipment is subject solely to the manufacturer's warranty.
Parts sold are subject solely to any warranty offered by the manufacturer.
Service labor is warranted for ninety (90) days from completion of the work solely against defects in Seller's workmanship.
11. Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED ABOVE, SELLER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
12. Limitation of Liability
Seller's total liability arising from any transaction shall not exceed the amount paid by Customer for the specific goods or services giving rise to the claim.
IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF USE, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, DOWNTIME, SUBSTITUTE EQUIPMENT COSTS, OR DELAYS, WHETHER ARISING IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.
13. Force Majeure
Seller shall not be liable for delays or failures caused by events beyond its reasonable control, including acts of God, weather events, labor shortages, strikes, transportation interruptions, material shortages, governmental actions, pandemics, cyber incidents, or supplier delays.
14. Collection Costs
Customer agrees to pay all costs incurred by Seller in collecting past due amounts, including reasonable attorneys' fees, court costs, collection agency fees, and other expenses permitted by law.
15. Credit Applications and Offsets
Seller may apply any payment received to any outstanding obligation owed by Customer. Customer shall not withhold, offset, or deduct amounts claimed against Seller without Seller's prior written consent.
16. Governing Law and Venue
These Terms and Conditions shall be governed by the laws of the state in which the selling Seller entity is located, without regard to conflict-of-law principles. Any legal action shall be brought exclusively in the state or federal courts located within that state.
17. Severability
If any provision of these Terms and Conditions is found unenforceable, the remaining provisions shall remain in full force and effect.
18. Entire Agreement
These Terms and Conditions, together with the invoice, quote, sales order, credit application, and any written agreements executed by Seller, constitute the entire agreement between the parties regarding the transaction.