Terms & Conditions

 Welcome to Peak Nutritional Products, your trusted partner in nutraceutical manufacturing.

This legal notice applies to the entire contents of the Peak Nutritional Products Website and to any correspondence by e-mail between you and the company. Please read this entire legal notice before using the site. In proceeding to any part of the website, you will be indicating your acceptance of the both the complete legal notice and the terms and conditions of use. You also are agreeing to abide by these terms. If you do not accept any of the terms or any part of the legal notice, you must leave the Website immediately.

1. Access to Website

The Website is intended to be a useful and informative tool for our clients, prospective clients and those wishing to learn about supplements or our company. Access to this Website and to the contents contained within (“the Contents”) are governed by the terms and conditions listed here. These terms and conditions may affect your rights. Peak Nutritional Products may revise the Terms and Conditions at any time by updating this legal notice. Please read them carefully each time you visit this site.

2. Links to other sites

We may include links to other websites for your convenience. If you use these links, you leave the Website. Peak Nutritional Products may not have reviewed all of these third-party websites. We do not control the contents of other websites and we are not responsible for their content, quality or availability. Peak Nutritional Products does not endorse or make any representations about them either, including any of their contents or any results that may be obtained from using them. Proceeding to access any linked third-party websites is done at your own risk.

3. Links to this site

Peak Nutritional Products is not responsible for third-party websites that link to or from the Sites. Peak Nutritional Products does not endorse any such sites or the goods or services offered on such sites. Peak Nutritional Productss hall not be held liable or responsible for the content of any sites that link to or from the Sites.

4. Viruses, hacking and other offences

Do not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. Do not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. Breaching this provision may be a criminal offence. We will report all such breaches to law enforcement authorities and co-operate by disclosing your identity to them. You will also immediately lose your right to visit our site. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful actions or content that may infect your computer hardware, software, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

5. Privacy

By using this Site, you confirm your consent to our Privacy Policy which is also accessible on this website. If you do not agree to this policy, please do not use this Site. We reserve the right, at our discretion, to change, modify, add, or remove portions of this policy at any time. Please check this page periodically for changes. Your continued use of the Peak Nutritional Products Site following the posting of changes to these terms will mean you accept those changes.

6. Intellectual property rights

The Contents are © Peak Nutritional Products. Please note that all images and information contained on this website may be copyright works. Either the copyright and all other rights in all of the material on this website are owned by a member of Peak Nutritional Products or the material is included with the permission of the rights of the owner. Except for printing or downloading material for your own use, or the use of others in your company (provided that you retain all copyright and proprietary notices), the material on this website may not be copied, reproduced, transmitted, distributed or displayed without the express prior written consent of Peak Nutritional Products. Your permission to use the website will be immediately terminated if you breach any terms in this legal notice and you must, at our option, immediately return or destroy any downloaded, printed or copied material from the Website.

7. Disclaimer

Peak Nutritional Products does not warrant the accuracy and completeness of the material on the Website, though the company does work to ensure the website displays accurate information. Peak Nutritional Products may change anything on the website without notice any time. Material that may be out of date may appear on the site and Peak Nutritional Products makes no commitment to update such material. The information and material on the Website is provided “as is”, with no conditions, warranties or other terms of any kind. Peak Nutritional Products provides this Website on the basis that it excludes all representations, warranties, conditions and other terms (including, without limitation, conditions implied by statute, common law or the law of equity) to the maximum extent permitted by law which, but for this legal notice, might have effect in relation to the Website. Peak Nutritional Products does not assume any guarantee against patent infringement, liabilities or risks involved from the use of information on the Website. Any health claims that may be found on the Website are for illustration purposes only and are subject to approval by the relevant regulatory authority in each country where purchasers sell final products to consumers.

8. Liability

Peak Nutritional Products and any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of Peak Nutritional Products group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence, contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website. Nothing in this legal notice shall exclude or limit Peak Nutritional Products liability for death or personal injury caused by our negligence or any person for which we are responsible.

9. Acceptable use for user generated content (“acceptable use policy”)

If we choose to provide interactive services on our site, including, without limitation chat rooms, bulletin boards, blogs and forums (interactive services), we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. When we do provide any interactive service, we will provide clear information to you about the kind of service offered, and, if moderated, what type of moderation is used (including whether it is human or technical). We will do our best to assess any possible risks for users (and in particular, for children) from third parties on any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. Use of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Parents or guardians should warn minors of the risks of interactive use. When we do moderate an interactive service, we will normally provide a means of contacting the moderator, should a concern or difficulty arise.

9.1 Content standards

These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole. Contributions must:

• Be accurate (where they state facts).
• Be genuinely held (where they state opinions).
• Comply with applicable laws in the United States of America and in any country from which they are posted.

Contributions must not:

• Contain any material which is defamatory of any person.
• Contain any material which is obscene, offensive, hateful or inflammatory.
• Promote sexually explicit material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trade mark of any other person.
• Be likely to deceive any person.
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
• Give the impression that they emanate from us, if this is not the case.
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

9.2 Suspension and termination

We will determine, in our discretion, whether any such breach has occurred and we may take such action as we deem appropriate. Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to use our site.
• Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
• We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

9.3 Changes to These Terms and Conditions

Peak Nutritional Products reserves the right to modify these Terms and Conditions, to align with changes in our practices, or company, or legal or compliance requirements. If the terms and conditions are changed, the new versions will be posted. We invite you to review our Terms and Conditions and Website Privacy Policy periodically to ensure that you are aware of them in relation to use of our website.

10. Jurisdiction and applicable law

This website is established in the United States of America and these terms shall be governed and construed in accordance with the laws of the State of Florida. When you use the website you accept that your use thereof shall be governed by the laws of the State of Florida and if any dispute arises as to your use of this website, you agree to allow such dispute to be heard in the courts of the State of New York. If any provisions of these terms shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

General Production Requirements and General Terms & Conditions

Before we proceed with the production of your order, it is essential that you review, understand and by signing the purchase order, or placing a deposit with us you agree to the following terms and conditions (your cooperation ensures a seamless manufacturing process and the highest quality of your products):

Review of Manufacturing Quote Process:

All customers are required to thoroughly review each item listed on the manufacturing quote provided by Peak Nutritional Products. It is crucial that you understand and agree to the specifications, costs, and timelines outlined in the quote before proceeding.

Peak will happily requote 2 ingredient change requests per project, to assist with formulating to a target price at no additional cost. If a customer requires additional changes an R&D fee of $1,500 will be assessed.

Purchase Order and Deposit:

To schedule your product for production, a signed purchase order accompanied by any applicable deposit, must be submitted to Peak Nutritional Products.

Please note that production slots are allocated based on the receipt of these signed documents and deposits. Delay in submitting these items may result in scheduling delays. A delay of more of 7 days between Customer PO execution and deposit receipt may, at Peak’s sole discretion, require repricing due to the quickly changing materials market.

Color Variance Acceptance:

Due to the use of natural ingredients in nutraceuticals, Peak Nutritional Products acknowledges and requires customers to accept potential color variance in the final product. This variance is an outcome of using ingredients derived from nature.

Requirements for Customer-Supplied Printed Materials:

If you opt to supply your own printed materials (including labels, shrink sleeves, displays, product boxes, and cap stickers), please adhere to the following:

Overage Supply:

An additional 10% overage of the required quantity of labels and 5% overage for product boxes must be delivered to Peak Nutritional Products before your scheduled production start date. This overage accounts for the +/- yield variance from the printer and ensures sufficient supply for our potential overages in production.

Unlabeled Product Policy:

In the event that customer supplied printed materials are insufficient for the production yield, or do not adhere to the planned Peak production schedule, at Peak’s sole discretion, any unlabeled products will be packaged, shipped as unlabeled, and invoiced as complete.

Late Customer Supplied Printed Materials:

In the event customer supplied printed materials delay completion of production, Peak reserves the right to any of the following actions:

• Move ahead with scheduled production up to and including bottling unlabeled product and invoice the customer upon bottling completion starting the clock on terms.
• Rescind terms for repeated delays.
• Charge storage fees of $45/Month per pallet for the packaged products pending customer supplied printed materials.

Turnkey Solutions:

Peak Nutritional Products offers turnkey solutions for printed materials using the CMYK 4 color process. However, we do not guarantee specific color values with this option.

Pantone Matching System (PMS):

For customers requiring specific color values, Peak Nutritional Products provides Pantone Matching System color matching for spot colors. This service is available for all printed labels, shrink sleeves, displays, product boxes, etc., at an additional cost. This service must be specified at the time of the manufacturing quote.

Finished Goods Storage Fees:

Peak Nutritional Products requires a storage fee for any finished goods or customer supplied printed materials using our storage space that exceeds 30 days post production completion.

After 30 days, Peak will assess a monthly storage fee of $45/pallet/mo. for any finished goods or customer supplied printed materials. After 60 days the monthly fee increases to $100/pallet/mo.

Insurance On Finished Goods:

Peak Nutritional Products offers no Inland Marine coverage on Finished Goods produced on behalf of its customers (Buyers). The Buyer, at its own cost, must attain and be able to show proof of coverage for all Finished Goods, whether in temporary storage at a Peak location, or in transit to the Buyers location(s). Buyer understands and agrees that General Liability coverage is not applicable for this coverage and must attain adequate Inland Marine insurance to cover its Finished Goods.

Complaints Process:

Peak Nutritional Products is committed to providing exceptional quality in all our dietary supplement manufacturing services. We understand, however, that there may be occasions where you have concerns or complaints about your product or service received. To address these effectively and ensure continuous improvement, we have established the following complaints process:

Initiation of Complaint:

All complaints must be initiated by submitting a written complaint to your dedicated account manager. This complaint should detail the nature of the issue, including any relevant dates, product details, lot codes, quantity affected and specific concerns. Clear communication is essential for a swift resolution, so please provide as much detail as possible, including photos and physical samples whenever feasible.

Acknowledgement of Complaint:

Upon receipt of your complaint, your account manager will acknowledge it within 48 hours, confirming that the complaint process has been initiated.

Investigation:

Your complaint will be forwarded to our Quality Department for a thorough investigation.

Our Quality team will review all relevant information, including production batch records, quality control data, and any other documentation pertinent to conclude the root cause of the issue. A full physical review and inspection of product retains will be made to completely investigate your complaint. This investigation aims to identify the root cause of the issue and determine corrective actions.

Resolution and Feedback:

Upon completion of the investigation, our Quality Department, in collaboration with your account manager, will provide you with a detailed report of the findings and any steps that will be taken to rectify the issue. This may include product replacements, adjustments to future production processes, or other corrective measures deemed appropriate to prevent recurrence.

Follow-Up:

Peak Nutritional Products values customer satisfaction and quality assurance above all.

After the resolution has been implemented, your account manager will follow up with you to ensure that the solution has been satisfactory and to address any further concerns you may have. We strive to resolve all complaints efficiently and to the satisfaction of our customers, using them as opportunities to improve our services and products.Peak appreciates your cooperation and understanding in adhering to this complaints process, ensuring we can continue to provide high-quality nutraceutical manufacturing services.By proceeding with your order, you acknowledge and agree to these terms and conditions.

Peak Nutritional Products is committed to delivering quality products and appreciates your adherence to these guidelines to ensure a successful partnership.

Limitation Of Liability

To the fullest extent permitted by law, the total liability, in the aggregate, of Peak Nutritional Products, Peak Nutritional Products officers, directors, partners, employees, agents, affiliates, suppliers and subconsultants, to Client, and anyone claiming by, through, or under Client for any claims, losses, consequential or liquidated damages, costs, or any damages whatsoever arising out of, resulting from or in any way related to this Project or Agreement from any cause or causes, including but not limited to negligence, lost earnings or expenses related, completion and/or delivery delays, professional errors and omissions, strict liability, breach of contract, or breach of warranty, shall not exceed the total compensation agreed upon by Peak Nutritional Products and the Client in the signed PO, or $1,000 whichever is less.

Indemnification And Hold Harmless

Purchaser agrees to protect, defend, hold harmless, and indemnify (collectively “Indemnify” and “Indemnification”) Peak Nutritional Products (“Company”), its subsidiaries, and its and their respective successors, assigns, directors, officers, employees, agents, [stockholders and affiliates (collectively, “Indemnified Parties”) from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs, and expenses of or by a third party OR whether or not involving a claim by a third party, including but not limited to reasonable attorneys’ fees and costs (collectively, “Claims”), actually or allegedly, directly or indirectly, arising out of or related to (1) any breach of any representation or warranty of Company; (2) any breach or violation of any covenant or other obligation or duty of Company under this Agreement or under applicable law; (3) any third party Claims which arise out of, relate to or result from any act or omission of Company; and (4), in each case whether or not caused in whole or in part by the negligence of Company, or any other Indemnified Party, and whether or not the relevant Claim has merit.

Thank you for choosing Peak Nutritional Products as your nutraceutical manufacturing partner.

SETTING THE BAR HIGHER AS YOUR NUTRACEUTICAL CONTRACT MANUFACTURER

Our rigid quality-control standards, rigorous testing procedures and state-of-the-art technology advancement sets us apart from other supplement and vitamin manufacturers. We’ve implemented a stringent set of SOPs that ensure cGMP quality permeates every aspect of our process: from how raw materials are received, tested, and stored to our manufacturing areas.