Terms & Conditions
Effective July 16, 2026
PEAK INDUSTRIAL, INC. / PEAK INDUSTRIAL PLAINS
STANDARD TERMS AND CONDITIONS OF SALE AND COMMUNICATIONS
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.
Customers who separately opt in to SMS, MMS, or marketing email communications also agree to the applicable communications provisions in Sections 18 through 20. Acceptance of these Terms and Conditions, submission of a form, or provision of a telephone number or email address does not, by itself, constitute consent to receive marketing text messages or marketing emails.
Communications consent must be obtained separately for the applicable channel, identified business, and stated purposes. Marketing consent is voluntary and is not a condition of purchasing goods or services.
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. SMS and MMS Messaging Terms
Peak Industrial, Inc. and Peak Industrial Plains operate communications programs for their participating brands, including Peak Thermo King, Peak JCB, Peak Rents, and ATSR. Each messaging program will identify the business sending the messages.
By separately opting in to a messaging program, Customer authorizes the identified business to send SMS and MMS messages to the mobile number provided for the purposes described when consent is collected.
Depending on the program selected, messages may include responses to inquiries, quotes, appointment reminders, service updates, order and rental notifications, and, where separately authorized, promotional offers and marketing communications.
Messages may be sent using automated technology. Marketing messages require separate, express written consent. Providing a telephone number, submitting an inquiry, purchasing goods or services, or accepting these Terms and Conditions does not, by itself, constitute consent to receive marketing text messages.
Consent is voluntary and is not a condition of purchasing goods or services.
Message frequency varies based on Customer’s interactions and the messaging program selected. Message and data rates may apply.
Customer may unsubscribe at any time by replying STOP to a message. Other reasonable requests to withdraw consent will also be honored. After opting out, Customer may receive one nonmarketing message confirming the opt-out. Further messages from that program will stop unless Customer provides new consent.
For assistance, reply HELP, call (801) 363-1963, or submit a request through our contact form at https://www.peakthermoking.com/contact-form.
Customer represents that they are authorized to provide consent for the mobile number supplied and agrees to notify Seller if that number changes or is reassigned.
Message delivery is subject to mobile carrier availability and other technical conditions. Delivery is not guaranteed, and carriers are not liable for delayed or undelivered messages.
Written requests concerning the messaging program may be mailed to:
Peak Industrial, Inc. / Peak Industrial Plains
Attention: Communications Support
2424 S 5370 W
West Valley City, UT 84120
19. Email Communications
Seller may send emails related to Customer’s inquiries, quotes, purchases, rentals, appointments, service requests, invoices, and account activity.
By separately opting in to marketing emails, Customer authorizes the business identified at enrollment to send promotional offers, product information, newsletters, and other marketing communications.
Marketing email consent is voluntary and is not a condition of purchasing goods or services. Acceptance of these Terms and Conditions or provision of an email address does not, by itself, constitute consent to receive marketing emails.
Customer may unsubscribe from marketing emails using the unsubscribe link included in each marketing email. Customer may also request removal by calling (801) 363-1963, submitting a request through https://www.peakthermoking.com/contact-form, or mailing a request to the address below.
Marketing email opt-out requests will be honored within ten (10) business days, or sooner where required.
Unsubscribing from marketing emails does not prevent Seller from sending necessary transactional or relationship emails permitted by applicable law.
Marketing emails will identify the sender and include a valid physical mailing address and a functioning unsubscribe mechanism.
For communications support and written unsubscribe requests:
Peak Industrial, Inc. / Peak Industrial Plains
Attention: Communications Support
2424 S 5370 W
West Valley City, UT 84120
Telephone: (801) 363-1963
20. Communications Privacy and Consent
Personal information used for communications is handled in accordance with Seller’s Privacy Policy, available at https://www.peakthermoking.com/privacy-policy.
Mobile information, SMS opt-in data, and text messaging consent will not be sold, rented, or shared with third parties or affiliates for their marketing or promotional purposes.
Information may be provided to service providers solely as necessary to operate and support the messaging program, subject to appropriate confidentiality and use restrictions.
Consent applies only to the business, communication channel, and purposes identified when Customer opts in. Consent to SMS does not automatically authorize marketing emails or marketing telephone calls, and email consent does not automatically authorize SMS.
Seller will maintain records of consent and withdrawal requests. Changes to these Terms and Conditions will not expand Customer’s communications consent without obtaining any additional consent required by applicable law.
For privacy questions or requests concerning communications consent, call (801) 363-1963, submit a request through https://www.peakthermoking.com/contact-form, or write to:
Peak Industrial, Inc. / Peak Industrial Plains
Attention: Privacy Requests
2424 S 5370 W
West Valley City, UT 84120
21. 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.
For SMS, MMS, and email communications, these Terms and Conditions, the applicable communications disclosures presented at enrollment, and Customer’s separately provided consent govern participation in the selected communications program.
Seller’s Privacy Policy governs the handling of personal information associated with those communications.
Nothing in this section replaces the requirement to obtain separate communications consent, expands the scope of consent previously provided, or limits Customer’s right to unsubscribe or withdraw consent as described in Sections 18 through 20.