Pinnacle West Enterprises Inc. in conjunction with its affiliates (collectively, “Pinnacle West” and hereinafter also referred to as “we” or “us”) provides you access to Pinnacle West’s website (pinnacleweststore.com & pinnacleweststore.ca), and all other sites, applications and portals operated by or on behalf of Pinnacle West (collectively, the “Sites”). In addition to the terms and conditions of use (the “Terms & Conditions”) which govern your use of the Sites, these terms of sale (the “Terms of Sale”) apply to any order or purchase you make on the Sites. Please read these Terms of Sale carefully, as they set out your legal obligations, rights and remedies with respect to such orders and purchases.

ENTIRE AGREEMENT, ACCEPTANCE AND REVISIONS

By placing an order on our Sites, you agree on your own behalf and on behalf of anyone on whose behalf you place an order, and you represent and warrant that you have the legal authority to accept and abide by, and be contractually bound to, the Terms of Sale in effect at the time you place such order. If you do not agree with the Terms of Sale, do not place an order on our Sites.

Pinnacle West reserves the right to update the Terms of Sale at any time without prior notice. Pinnacle West recommends that you print and retain a copy of the Terms of Sale in force at the time of your order as it is your responsibility to review the changes (if any) from time to time.

The Terms of Sale form an integral part of the Terms & Conditions. Please carefully review the Terms & Conditions accessible on the Sites. In the event of inconsistencies between the Terms of Sale and the Terms & Conditions with respect to your purchase of products on a Site, the Terms of Sale shall prevail.

In addition to the Terms & Conditions and the Terms of Sale, Pinnacle West has established a privacy policy which governs its collection, use and disclosure of your personal information (the “Privacy Policy”). Please carefully review the Privacy Policy accessible on the Sites. By using the Sites and making purchases through said Sites, you are consenting to the terms of the Privacy Policy.

The Terms of Sale, the Terms & Conditions and the Privacy Policy shall constitute the entire agreement between Pinnacle West and you regarding the subject matter hereof and shall supersede and replace any representation, statement, agreement or other communication (whether written or otherwise) made previously by you or us which is not contained herein.

AVAILABILITY AND DESCRIPTION OF PRODUCTS

Pinnacle West attempts to provide you with accurate information regarding the products offered on its Sites, including but not limited to product description, dimensions, features, picture, color and price. However, we cannot guarantee that such information is complete, accurate, current, reliable or error-free. All product information is subject to change at any time without prior notice. In the event the product you have purchased is not as described upon receipt, you will be entitled to obtain a reimbursement for such product, subject to your compliance with our Return Policy. Said reimbursement will constitute your only recourse and Pinnacle West’s only obligation and liability.

We reserve the right to modify our product offering and discontinue items at any time without prior notice. Therefore, Pinnacle West cannot guarantee that the products offered on the Sites will be available at the time of your order or thereafter.

ORDERING PROCESS

You may only purchase products on the Sites if your order is shipped to an address in the United States or Canada. You may order products on the Sites as a guest or as a registered account member. If you decide to set up an account, please refer to the "User Name And Password" section of the Terms & Conditions.

The products advertised on the Sites do not constitute offers to sell from Pinnacle West, but are rather invitations for you to purchase said products. Once you confirm your order at the end of the online checkout process by pressing the “Place Order” button, said order constitutes your offer to purchase the products included in your checkout cart. We reserve the right to limit the quantity of each product that you may purchase per order.

An acknowledgment email will be sent to the email address you have provided (your “Email Address”) once Pinnacle West receives your order. When your order is ready, Pinnacle West will send a shipping notification email to your Email Address, which shall also constitute Pinnacle West’s acceptance of your order.

Pinnacle West reserves the right, at its sole discretion and for any reasons, to accept or reject your order (in part or in its entirety) and may cancel your order (in part or in its entirety) after acceptance. In such cases, Pinnacle West will notify you by sending an email to your Email Address. Some of the reasons to reject or cancel your order include, but are not limited to, (a) unavailability of products or limitations on available quantities; (b) unauthorized payment; (c) error, inaccuracy or omission regarding pricing, description of the products or information on the Sites; and (d) concerns regarding the legality of the transaction (for example, suspicion of fraud).

If your order is rejected or cancelled, Pinnacle West will have no obligation to fulfill said order and you will have no obligation to pay for same. Consequently, if you had already paid for your order, Pinnacle West will reimburse you for any amount already charged through a credit on the same method of payment used during the online checkout process. Said reimbursement will constitute your only recourse and Pinnacle West’s only obligation and liability regarding the cancellation of your order or part thereof.

PRICE, TAXES AND PAYMENT METHOD

The price shown for each product does not include applicable taxes, shipping and handling costs, or other applicable fees which are calculated at the time of checkout and which are based on the address of delivery of your order and applicable law and regulations.

Pinnacle West accepts credit card payment for your purchase and such payment is processed through Pinnacle West’s payment solution provider. Pinnacle West may accept new methods of payment or stop accepting certain methods of payment or credit cards from certain issuers from time to time, without notice.

You represent and warrant that you own or you are authorized to use your selected credit card and that all of the billing information you provide is truthful and accurate. Once you confirm your order at the end of the online checkout process, you agree to be charged on your selected credit card for the total price indicated.

All payments are subject to validation checks and authorization by the card issuer. If your card issuer does not authorize your purchase, Pinnacle West will not have any liability or obligation to you with respect to said refusal or your order and Pinnacle West will not ship your order.

SHIPMENT

Pinnacle West delivers only to addresses in the United States or Canada. We do not currently deliver to other international addresses and such delivery areas are subject to change from time to time without notice. Depending on your location, we may offer you different shipping methods. Shipping charges are subject to change from time to time and vary according to the total weight of the items the order, the selected shipping method and the delivery address.

Your order will be delivered by a third party carrier selected by Pinnacle West to the address you have provided during the checkout process. You are responsible to ensure that such delivery address is complete and accurate. You will know the identity of the carrier upon receipt of your shipment confirmation and tracking number (if available). The delivery of your order is subject to the terms and conditions of the third party offering transportation services or pick up services, for example with respect to the number of delivery attempts and to the pickup locations, if applicable. You may also receive email notifications directly from such third party regarding your order delivery.

While you may receive an estimated delivery date from the carrier, Pinnacle West shall not be liable for any damages or costs due to late deliveries.

RETURN, EXCHANGE AND REFUND POLICY

A 15% re-stocking fee will be applied to all returns. No returns after 30 days. Shipping and handling charges are not refundable. The product must be accompanied by the receipt and in original condition (unused). The item(s) must be complete, undamaged and unsoiled, with the original packaging, labels, accessories and documentation intact. No return on special order products or any liquid products (chemicals, cleaners, etc…). Return of any item(s) must be pre-approved by Pinnacle West via telephone at 604-854-5968 or toll free at 1-800-901-0088.

DISCLAIMER AND LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND BY PINNACLE WEST, EITHER EXPRESSED OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THE PRODUCTS INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD WORKING ORDER, TITLE, NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE AT LAW, OR FROM A COURSE OF DEALING OR USE OF TRADE. THE PRODUCTS ARE ONLY SUBJECT TO THE WARRANTIES OFFERED BY THEIR RESPECTIVE MANUFACTURERS OR SUPPLIERS, IF ANY. PINNACLE WEST DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED IN THE SITES.

To the maximum extent permitted by applicable law, PINNACLE WEST SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUES, LOSS OF GOODWILL OR BUSINESS INTERRUPTION), HOWSOEVER CAUSED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE PURCHASE OF PRODUCTS OFFERED ON THE SITES (INCLUDING BUT NOT LIMITED TO THEIR USE, SUITABILITY OR AVAILABILITY), ANY INFORMATION OR CONTENT AVAILABLE ON THE SITES, ANY ERROR, OMISSION, INTERRUPTION, UNAVAILABILITY, DEFECT, DELAYS IN DELIVERY, MODIFICATION OF PRODUCT OFFERINGS OR ANY TRANSACTION CONDUCTED ON THE SITES, WHETHER OR NOT PINNACLE WEST HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

YOU EXPRESSLY AGREE THAT ALL PURCHASES YOU MAKE ON THE SITES ARE AT YOUR SOLE RISK.

IN THE EVENT THAT PINNACLE WEST IS FOUND LIABLE TO YOU NOTWITHSTANDING THE TERMS OF SALE, PINNACLE WEST’S AGGREGATE LIABILITY SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCT OR THE AMOUNT OF THE TRANSACTION AT ISSUE.

The limitations of liability and disclaimers contained herein apply regardless of the form of action, whether in contract, negligence, extra-contractual liability, tort, strict liability or any other theory of law. The laws applicable in your jurisdiction may prohibit certain liability limitations and disclaimers and may afford you additional rights.

In this section, references to Pinnacle West shall include Pinnacle West’s directors, officers, employees, agents, representatives and third party suppliers.

INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless Pinnacle West and its directors, officers, employees, agents and representatives from and against all claims, damages, losses, expenses, and costs, including legal fees, arising out of your use of or access to the Sites, your purchases or your breach of the Terms of Sale.

GENERAL

The Terms of Sale shall be governed by, and interpreted in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein.

Regardless of where you access the Sites, both Pinnacle West and you agree that any dispute arising out of or relating to the Terms will be exclusively brought before the competent courts of the Province of British Columbia, in the district of Abbotsford.

If for any reason a court of competent jurisdiction finds any provision of the Terms of Sale or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the Terms of Sale, and the remainder of the Terms of Sale shall continue in full force and effect.

The Terms of Sale are binding upon and will enure to the benefit of you and us and our respective heirs, successors and assigns.

Pinnacle West’s failure to or delay in exercising its rights or remedies shall not impair or be considered as a waiver thereof at any time.