These Terms and Conditions ("Terms") apply to your use of this website and all of your purchases from PTACInc.com (referred to throughout these Terms as "PTACInc.com," "we", "our", and "us"). You are referred to throughout these Terms as "you", "your", and "customer". By using this website or purchasing goods from PTACInc.com, you are agreeing to be bound by these Terms.
PRODUCT WARNING REGARDING HCFC-22
Warning: some of our reworked PTAC units contain HCFC-22 (CHF2Cl) Monochlorodifluoromethane, a substance which harms public health and the environment by destroying ozone in the upper atmosphere. Please do not hesitate to contact us or the manufacturer with any questions.
Shipping
You fully understand and affirm PTAC Inc. has no further control or shipping risk for your products after your order is transferred to carrier responsible for shipment. You further understand and affirm that you are assuming the risk of said order immediately upon delivery to your desired shipping address.
Order Cancellation
As soon as you place your order using the PTACInc.com website, your order is submitted for picking, packing, and shipping. Due to the immediacy of this process, we do not allow you to cancel an order once you have placed it. Additionally, we reserve the right to cancel your order at any time if you have violated these Terms. If your violation of these Terms leads us to cancel your order, you will receive a refund of your purchase amount minus a $40 cancellation fee or 5% of your total purchase amount, whichever is greater. Moreover, if you refuse to accept delivery of an order that you placed, then you will be charged the full cost of shipping plus a restocking fee equal to 20% of the value of your order. In this instance, the "full cost of shipping" is the cost to ship from PTACInc.com's warehouse to your shipping address, plus the cost to ship back to the warehouse. You will receive back the remainder of your original payment as a store credit, not as a refund.
Returns
Because of the uniqueness of our products, we do not accept returns for defective or damaged product unless you notify us of such issues within 30 days of their order date. This return policy only applies to damaged or defective product, and returns are administered at our sole discretion. PTACInc.com may, at its sole option, choose to reimburse you by either a refund, a store credit, or a replacement of the product you ordered.
Pick Up Orders
Customers interested in picking up their orders directly from our warehouse may contact us to learn more about this option. If you pick up your order directly from our warehouse, then you are agreeing to the following: (1) bringing a vehicle capable of carrying and transporting your products; (2) assuming responsibility for loading, tying, strapping, and securing your products to your vehicle (even if our warehouse workers assist with loading); (3) assuming responsibility for the pick-up, loading, carrying, and transportation of your products; (4) releasing PTACInc.com of liability and forever waiving all claims against PTACInc.com arising out of or associated with the pick-up, loading, carrying, and transportation of your products; and (5) indemnifying and paying to defend PTACInc.com and its owners, agents, officers, and employees against any resulting claims, actions, damages, costs, fines, investigations, assessments, expenses (including reasonable attorney’s fees), and/or civil liability or criminal prosecution arising from or related to your pick-up, loading, carrying, or transportations of your products.
Limited Warranty
PTACInc.com is excited to offer its customers a six-month limited warranty on all reworked PTAC units ("Limited Warranty"). This Limited Warranty is intended to provide replacement units for any eligible units which are defective or damaged as a result of our reworking process (note the Limited Warranty does not cover cosmetic issues, such as scratches, scrapes, dents, etc.). Eligibility for the Limited Warranty will be determined in the sole discretion of PTACInc.com based on three factors: (1) the relevant units must have been purchased within six months of the day you contact us to make your claim; (2) you must provide us with the relevant unit(s)' identification number; and (3) we must be assured through our investigation that your units' defect or damage was a result of our reworking process. Failure to satisfy these all three factors will render you ineligible for the Limited Warranty.
Furthermore, this Limited Warranty does not apply to units which have been resold or subsequently distributed by you our initial customer.
We do not offer any warranties whatsoever on our newly-manufactured product offerings. For any questions regarding newly-manufactured products, you only recourse is with the manufacturer.
Warranty Disclaimers
YOU AGREE THAT OTHER THAN THOSE REPRESENTATIONS AND WARRANTIES EXPRESSLY INCLUDED HEREIN, PTACINC.COM MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE, ITS CONTENTS, ITS SERVICES, OR THE PRODUCTS YOU ORDER FROM US. WE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO YOUR USE OF THIS WEBSITE INCLUDING ANY PRODUCTS OR SERVICES PROVIDED THROUGH THE SITE OR WHICH YOU PURCHASE FROM US.
Release of Liability and Indemnification
You fully understand and affirm that the website PTACInc.com is provided "as is," with all faults. You should not interpret anything contain on the website PTACInc.com or communicated by the PTACInc.com team as advice to you. Purchasing heating and air conditioning equipment is a technical decision, and you should consult your own expert before proceeding. Thus, PTACInc.com hereby fully disclaims all liability for the accuracy of (or how you use) any information contained on the website PTACInc.com or communicated by the PTACInc.com team. You further understand and affirm that PTACInc.com cannot be held liable for how you or anyone else uses any information you receive from PTACInc.com or the PTACInc.com team. Therefore, you explicitly agree to release, hold harmless, indemnify, and pay to defend PTACInc.com and its owners, agents, officers, and employees against any resulting claims, actions, damages, costs, fines, investigations, assessments, expenses (including reasonable attorney’s fees), and/or civil liability or criminal prosecution arising from or related to your use of the website PTACInc.com and/or any information communicated by PTACInc.com, including all information on the website PTACInc.com.
Additionally, you fully understand and affirm that by placing an order with PTACInc.com, you are solely responsible for how the products you purchased are used by you and any other party. You explicitly agree to release, hold harmless, indemnify, and pay to defend PTACInc.com, its owners, officers, employees, and agents, against any and all civil or criminal claims, claims, actions, damages, costs, fines, investigations, assessments, liabilities, and expenses (including reasonable attorneys’ fees) arising from or related to the products you have purchased. If another party files a claim of any kind against PTACInc.com related to your purchase or use of products you ordered from PTACInc.com, you explicitly agree to release, hold harmless, indemnify and pay to defend PTACInc.com, its owners, officers, employees, and agents, against any and all civil or criminal claims, claims, actions, damages, costs, fines, investigations, assessments, liabilities, and expenses (including reasonable attorney’s fees).
Limitation of Liability
You fully understand and affirm that our maximum liability to you is limited to the sales price of the products you purchased from us. If you are purchasing reworked products, you admit that you are doing so because said units are more affordable than newly-manufactured units. In consideration for the more affordable price, you acknowledge that you are agreeable to accept the risks of obtaining and using less-than-new units. You further understand and affirm that PTACInc. is not an insurer and in the case that you experience damage or loss as a result of the products you acquire from us, our liability shall be limited and capped at the sales price of the units you purchased, and this liability shall be exclusive. If you wish us to assume liability in excess of this cap, then please contact us to negotiate different Terms.
Disclaimer of Certain Damages
UNDER NO CIRCUMSTANCES SHALL PTACINC.COM BE LIABLE TO YOU FOR ANY INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, PUNITIVE DAMAGES, INDIRECT DAMAGES, LOSS OF PROFITS, LOSS OF REVENUES, OR LOSS OF USE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THESE LIMITATIONS AND EXCLUSIONS WILL APPLY REGARDLESS OF WHETHER LIABILITY ARISES FROM BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), BY OPERATION OF LAW, OR OTHERWISE.
Choice of Law and Dispute Resolution
If you file a complaint against PTACInc.com, the dispute shall be governed by and construed in accordance with the laws of the State of Tennessee. Your legal action against PTACInc.com must be filed within a court located in Knox County, Tennessee. If you file a legal action within any other jurisdiction, it shall be immediately removed to a court within Knox County, Tennessee and you shall reimburse PTACInc.com and its owners, agents, officers, and employees for any costs they may each incur in defending against the legal action or effecting its removal until such time that the legal action is properly filed within a court located in Knox County, Tennessee.
Class Action Waiver
Any litigation, arbitration, mediation, or other dispute resolution you file against PTACInc.com must be conducted on an individual basis and not in a class, consolidated, or representative action. You fully understand that by agreeing to these Terms, you are knowingly, intentionally, and voluntarily waiving any right to bring federal, state, or local claims as any part of, or on behalf of, any class or any other individuals, before a court or other tribunal.
Intellectual Property Rights
All content on our website is the exclusive intellectual property of PTACInc.com and its owners, and all such rights are reserved to and by PTACInc.com. You expressly agree not to take any action inconsistent with PTACInc.com's intellectual property rights, and you further acknowledge that you have been made aware that the trademark "PTACInc." has been or will be registered in the U.S. Patent and Trademark Office.
Phone Calls and Emails
In an effort to improve our customer service and provide you with the best experience possible, we record and monitor your phone calls. By using our site or making a purchase from us, you explicitly authorize PTACInc.com to record and monitor any phone call you place to our team. Additionally, by establishing a customer account or placing your order, you explicitly authorize PTACInc.com to communicate with you via your email address and to send you marketing emails about our product offerings. If you would like to withdraw your authorization to send you marketing emails, you may unsubscribe.
Security Interest
Unless we agree otherwise in writing, you must pay for your order before we ship. If we agree in writing to later payment, then your payment must be made by the date stated on your invoice. You hereby agree that your payment is secured by the products you purchase from PTACInc.com. You hereby grant PTACInc.com, its operators and its owners, a security interest pursuant to the Uniform Commercial Code in those products, until you make payment. You further grant PTACInc.com, its operators and its owners, the right to file, in our sole discretion, any UCC-1 financing statement or other legal documents to perfect our security interest. The foregoing security interest will be released and terminated when you pay all amounts owed. For any past due payments, we will charge the greater of two percent (2%) or the maximum allowable legal interest rate.