Nothing in these Conditions of Sale limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law ("ACL") (or any liability under them) which by law may not be limited or excluded. If you are a "consumer" under the ACL, the following notice applies to you:

"Our goods come with warranties and guarantees that cannot be excluded under the Australian Consumer Law ("Consumer Guarantees") . You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure."

Your product may come with a manufacturer's warranty. The manufacturer's warranty is in addition to but may overlap with any rights and remedies you may have under applicable law, including any Consumer Guarantees. If you are not considered a "consumer" within the meaning of the ACL, the manufacturer's warranty may be your sole remedy. If you would like to make a claim under the manufacturer's warranty, please contact our Customer Service Team. Please refer to clause 7 if you need to arrange for returning the goods to us.

1. We will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, damage to goodwill, loss of data (including loss of data stored on any media contained within electronic or computing products), arising out of or in connection with the products, the services or these Conditions of Sale (including as a result of not being able to use the products or services or the late supply of products or services), or the need to recover, re-program or reproduce any program or data stored in or used with the products purchased from us, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise; and our total liability arising out of or in connection with the products, the services or these Conditions of Sale, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products and services under these Conditions of Sale.

Where by law we are unable to exclude terms, guarantees, warranties, representations or conditions but are able to limit them, to the extent permissible by law we limit our liability for any breach, at our option, to the repair or replacement of products, or payment of the cost of repairing or replacing the products or in the case of services, to supplying the services again or the cost of having the services supplied again.

To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance or offer, invoice or other documents or information issued by us will be subject to correction without any liability on our part.

All costs associated with replacing and repairing defective products including removal, disassembly and reinstallation are the responsibility of the buyer, and in no circumstance will Peak Fibre be responsible for such costs.

3 Year Limited Warranty: All Peak Fibre products are backed by a 3 year warranty, limited to manufacturer fault. This excludes tools and cleaners. Proof of purchase is necessary, for details, please consult our sales team or customer service to instigate the process at info@PeakFibre.com.au

25 Year Site Certification Program: If your Fibre project requires a systems warranty, certified installers may qualify for our 25 Year Site Certification Program.

Peak Fibre warrants that the products registered under our 25 Year Site Certification Program meet the following requirements:

• Free from material and workmanship defects for a period of 25 years from the date of installation
• Will meet and/or exceed the performance requirements of the industry standards.
• Should any defect occur, Peak Fibre must be made aware of such defects immediately in writing.
• Peak Fibre will then have the opportunity to inspect the defective products to determine if a breech of warranty has occurred.
• The Peak Fibre 25-year warranty is inclusive of products installed at the original time of installation.
• Should a replacement product be provided, that individual product will be covered for a period of 25 years from installation.
• The warranty does not apply to wear and tear or any damage caused by malpractice, lack of care, accident, abnormal operations, faulty installation and/or service, unauthorised repairs, fire, floods, freak accidents, natural disasters or acts of God.
• All costs associated with replacing and repairing defective products including removal, disassembly and reinstallation are the responsibility of the buyer, and in no circumstance will Peak Fibre be responsible for such costs.
• The main purpose of this warranty is for Peak Fibre to repair or replace, at it’s option and expense, any product which is found to be defective during installation, or during the course of normal and proper use.
• Peak Fibre products are independently tested to ensure they conform to industry standards.
• Our products exceed current standards, and are designed and constructed with the highest level of workmanship.
• Should you require more information about our 25-year structured cabling warranty please contact our sales department.

How to Claim a Warranty

Please email the following details to info@PeakFibre.com.au

Invoice #

Product # and Name

Fault

Your Contact Info

We'll get back to you as soon as possible to resolve the situation to the best of our ability. If you are required to send your item back to us, please take special care to package it well - we will not be responsible for any damage caused during the return shipping. All goods must be returned to us at your cost, but we will cover the cost of your replacement items.

Returns and refunds: O We will only accept returns when the following conditions are met:

1. a) The goods have a demonstrable manufacture fault.
2. b) "Change of Mind" refunds:
3. Only within 14 DAYS of invoice.
4. Only if the product is intact, unused and in its original packaging.
5. Only when accompanied by a valid tax invoice.

17. Change of mind returns will attract a 17.5% restocking fee.

18. Shipping costs will not be refunded on change of mind returns.

If your product is custom-made or is a special order product, returns will not be accepted.

If your product is eligible for return please contact our Customer Service Team to arrange for return.

You must adequately package any product you are returning to ensure that it is not damaged during return delivery to our warehouse. All original items including packaging must also be returned. You may choose to return the product by your own means or we will arrange for any products you want returned to be collected, at your cost.

If you are entitled to a refund, we will only give you the refund once we have received the product at our warehouse and inspected it and assessed whether it is eligible for a refund under these Conditions of Sale. Any refund we make will be by the same payment method used to purchase the product.

Replacement of products: If you return a product to us for replacement and the product is capable of retaining user generated data, or replacement of the product may result in the loss of the data. User generated data include files on a computer hard drive, telephone numbers stored on a mobile telephone, songs stored on a media player or games saved on a games console. We will not be responsible for any data you may leave on the product and we require you to back up your data before returning a product to us for repair.

Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Conditions of Sale if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 3 months, we may terminate our agreement with you by giving you 5 business days' written notice.

General: These Conditions of Sale form the entire agreement between you and us and, unless expressly agreed to in writing by us no terms or conditions of yours, including any Terms or Conditions printed or referred to in your offer to purchase or order (if any) will be binding on us or have any legal effect.

We may change any provision in these Conditions of Sale without notice so we advise that, even if you are a frequent purchaser from us, you check these Conditions of Sale whenever you want to purchase products from us. Any change of these Conditions of Sale will only apply to future orders. None of our agents or employees or any third parties have any authority to change these Conditions of Sale.

We reserve the right to refuse supply of the products or services ordered by you, terminate our contract with you or terminate your account with us, and to remove or edit content on our website at our sole discretion and without incurring any liability to you.

You must not assign any rights and obligations under these Conditions of Sale whether in whole or in part without our prior written consent.

Any notice in connection with these Conditions of Sale will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other party.

If any provision of these Conditions of Sale is invalid, illegal or unenforceable, these Conditions of Sale take effect (where possible) as if they did not include that provision.

Please refer to our Privacy Policy to see how we collect, use and protect your personal information.

Any failure by a party to insist upon strict performance by the other of any provision in these Conditions of Sale will not be taken to be a waiver of any existing or future rights in relation to the provision.

These Conditions of Sale are governed by the laws of New South Wales, Australia. The parties each agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.