WEBSITE TERMS AND POLICIES
Section 3: Sales Terms and Conditions
Last Updated: November 2017
- User’s Acknowledgment and Acceptance of Terms
BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THE SITES, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE SITES IS TO STOP USING THE SITES AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES.
We reserve the right to change these Terms from time to time without notice to you. You acknowledge and agree that it is your responsibility to review the Sites and these Terms periodically and to be aware of any modifications. Your continued use of the Sites after such modifications will constitute your acceptance of the modified Terms.
As used in these Terms, “Affiliates” means our parent company and affiliated entities and their respective owners, officers, directors, employees, agents, sublicensees, successors, and assigns.
- Product Information
All features, specifications, products and prices of products and services described on the Sites are subject to change at any time without notice. From time to time there may be information on the Sites that contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and/or availability. We make no representation as to the completeness, accuracy, or TIMELINESS of any information on the Sites. USE PRODUCTS AS DIRECTED AND FOLLOW ALL INSTRUCTIONS AND PRECAUTIONS ON PRODUCT LABELS AND SAFETY DATA SHEETS (SDSs). We reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any order (see Section 3: Sales Terms and Conditions below). The inclusion of any products or services on the Sites does not imply or warrant that these products or services will be available over the internet at any particular time.
- Registration Data and Privacy
In order to access some of the products or services on certain Sites, you may be required to create an account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”). By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.
- Conduct on the Site
Your use of the Sites is subject to all applicable laws and regulations. You may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Sites may be available to you or other authorized users of the Sites. Do not interfere with anyone else’s use and enjoyment of the Sites or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your account without prior notice to you for violating any of the above provisions. In addition, you agree to cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
- Third-Party Sites and Information
The Sites may link you to other sites on the internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. Also, third-party sites (including the sites of our distributors, retailers, and other sellers of Power Service diesel fuel additives) may contain links to our Sites. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
Please note that all distributors, retailers, and other sellers of Power Service diesel fuel additives are independently owned and operated and these parties are not affiliates of Power Service Products, Inc.
- Intellectual Property Information
For purposes of these Terms, “content” means any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on the Sites.
By accepting these Terms, you acknowledge and agree that all content presented on the Sites is the sole property of Power Service or its licensors, except where otherwise indicated. Power Service retains all rights under copyright, trademark, patent and other proprietary rights and laws. Do not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content from the Sites in any form or by any means without prior written permission from us, except you may print and retain any Safety Data Sheets (SDSs) for your internal business or personal uses. Any unauthorized use of the content appearing on the Sites may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Neither we nor our Affiliates warrant or represent that your use of content displayed on, or obtained through, the Sites will not infringe the rights of third parties.
Notwithstanding the foregoing, other trademarks and content on the Sites may be owned by third parties and those trademarks and content are the property of their respective owners. No endorsement is intended or implied except where otherwise indicated. The Cummins® name and logo are trademarks of Cummins, Inc. or its affiliates.
- User Content
From time to time, you may submit comments, feedback, reviews, testimonials, images, suggestions, ideas, proposals, or other content to us, whether through the Sites (including through the Power Trips testimonials page), by mail, email, or voicemail, via social media sites such as Facebook, Youtube, or Twitter, or by any other means (“User Content”). All User Content becomes the property of Power Service. By posting User Content or submitting User Content to us, you grant to us and our Affiliates an unrestricted, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content for any purpose throughout the world in any form or media (which may include without limitation using and/or displaying the User Content on the Sites and/or our social media pages or feeds and incorporating User Content into our other advertising and promotional materials, whether in electronic, printed, or other form), without notice or compensation to you. You waive any right to inspect or approve any works or materials in which we use User Content. We have the right (but not the obligation) to remove or edit your User Content. Furthermore, you release any claim or interest you may have in such User Content, and we have the right to copyright any materials containing your User Content. Additionally, and notwithstanding anything to the contrary in these Terms, you consent for us to publicly display the first and last name, user name, account name, and/or handle (as applicable) that is associated with your User Content, as well as your city and state, if you have provided that information. You may not use a false name, email address, or social media account or impersonate any person or entity. You expressly represent and warrant that any User Content you post or submit is accurate, lawful, and non-infringing. We take no responsibility and assume no liability for any User Content posted or submitted by you or any third party and make no warranty that any User content is accurate, lawful, complete, or non-infringing. By posting User Content or submitting any User Content to us, you are indicating your agreement to these Terms, and we are relying on this representation from you.
Power Service is under no obligation to: (1) maintain any User Content in confidence; (2) pay you any compensation for any User Content; or (3) publish or respond to any User Content. Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of the Sites believes its copyright has been infringed by a posting on the Sites, you or the user should send written notification to us immediately. To be effective, the notification must include:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed;
3. Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
4. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.
You may contact us as follows to provide notice of claimed infringement:
Power Service Products, Inc.
Attn: Copyright Compliance
P.O. Box 1089
Weatherford, Texas 76086
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Sites without liability to you or any other party.
The Sites and all content of the Sites are provided “AS IS” and “AS AVAILABLE” and without warranties of any kind, whether express or implied, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, OR NON-INFRINGEMENT. You acknowledge, by your use of the Sites, that your use is at your sole risk. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you.
THE SITES COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE PRODUCTS, THE SPECIFICATIONS OR FORMULA OF THE PRODUCTS, MATERIALS AND SERVICES AT THE SITES, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS, AT ANY TIME WITHOUT NOTICE. THE PRODUCTS, MATERIALS OR SERVICES AT THE SITES MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
Before purchasing products on or through the Sites, review Section 3: Sales Terms and Conditions below. Your purchase of products from any Sites is governed by the Sales Terms and Conditions.
- Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL POWER SERVICE OR ANY OF ITS AFFILIATES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF POWER SERVICE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. POWER SERVICE’S ENTIRE LIABILITY FOR ANY CLAIMS OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE SITES SHALL IN NO EVENT EXCEED TEN DOLLARS ($10.00). In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.
You assume sole responsibility for, and you agree to defend, indemnify, and hold us and our Affiliates harmless from, all injuries, damages, liabilities, claims, and expenses, including without limitation attorneys’ fees and court costs, arising out of or relating to your acts or omissions, your use or misuse of the Sites, your violation of these Terms or applicable law, or any liabilities arising out of your duties and obligations under these Terms or applicable law. We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
- Participation in Third-Party Promotions
From time to time, the Sites may include advertisements or promotions offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products or services on the Sites. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the third party. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion. Prices and participation may vary.
- Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.
- International Use
Although the Sites may be accessible worldwide, we make no representation that materials or products on the Sites are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Sites is void where prohibited. The Sites or certain features or pages of the Sites may be disabled or restricted in some geographic regions outside the United States. Likewise, we may impose restrictions on where our products can be purchased or shipped.
- Termination of Use
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Sites with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your access and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the Sites immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information. We will not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. All of our applicable rights under these Terms will survive any termination.
- Governing Law
The Sites (excluding any linked third-party sites) are controlled by us from our offices within the United States of America. By accessing the Sites both of us agree that the statutes and laws of the State of Texas, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the Sites, the purchase of products through the Sites, and all other subject matter set forth in these Terms. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue in the state and federal courts located in Parker County, Texas with respect to such matters. Both of us agree that the United Nations Convention on International Sale of Goods will not apply to any transactions or use of the Sites.
We may post notices or messages through the Sites concerning changes to the Sites or other matters of importance, and such posts will constitute notice to you. We may also send notices directly to you by any reasonable means including email, mail, or facsimile.
- Entire Agreement
These Terms constitute the entire agreement and understanding between us concerning your use of the Sites, your purchase of products through the Sites, and all other subject matter set forth in these Terms, and cannot be altered, amended, or superseded unless otherwise specified in an express written agreement signed by you and us. To the extent that anything in or associated with the Sites is in conflict or inconsistent with these Terms, these Terms will take precedence.
In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees. You may not assign your rights and obligations under these Terms to any other party, and any purported attempt to do so will be null and void. We may assign our rights and obligations under these Terms. In addition to any excuse provided by applicable law, we are not responsible for any damages, delays, or interruptions arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, shipping delays, labor disturbance, product shortages or unavailability, order backlogs, production difficulties, war, fire, accident, adverse weather, inability to secure transportation, voluntary or involuntary compliance with any law, regulation, rule or policy of any branch of government or agency thereof, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above. If any part of these Terms is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Transactions Act. Any failure by us to enforce or exercise any provision of these Terms or related rights will not constitute a waiver of that right or provision.
- What Information Does Power Service Collect?
Information You Provide To Us
You may voluntarily provide certain personally identifiable information to us through the Sites or by other means, including your name and contact information such as telephone number, fax number, mailing address, and email address (“Personal Information”). Power Service does not currently collect sensitive personal information (such as social security number or driver’s license number).
We may also collect information that you provide in filling out forms on our Site. This includes information provided at the time of registering to use our Site or requesting further information about our Site or the products we sell. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Site. We may also collect your responses to surveys that we might ask you to complete for research and analytics purposes. Additionally, we collect details of transactions you carry out through our Site and the fulfillment of your orders, and you may be required to provide financial information before placing an order through our Site.
Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with our Site, we may use automatic data collection technologies to detect certain information about your equipment, browsing actions, and patterns, including:
- Details of your visits to our Site, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Site.
- Information about your computer and Internet connection, including your IP address, operating system, browser type, address of a referring website, and cookies (discussed further below).
We treat this information collected through automatic data collection technologies as Personal Information only if we combine it with or link it to any of the Personal Information mentioned above. Otherwise, it is used in the aggregate only and is not considered Personal Information.
The technologies we use for this automatic data collection may include cookies and web beacons.
- Cookies. A cookie is a small file placed on the hard drive of your device. A “persistent cookie” is stored on a user’s hard drive until it expires (persistent cookies are set with expiration dates) or until the user deletes the cookie. Persistent cookies help websites remember your information and settings when you visit them in the future. “Session cookies” are cookies that expire upon the conclusion of your visit to a website. These types of cookies are widely used to facilitate a user’s interaction with a website.
- Web Beacons. Pages of our Site and our emails may contain small electronic files known as “web beacons” (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other website statistics (for example, recording the popularity of certain Site content and verifying systems and server integrity).
In addition to the above, information provided by cookies, web beacons, or other devices may be used, among other things, to analyze data, to determine the popularity of content, to deliver targeted advertising, to make recommendations to users, to better understand the Sites’ usage or the effectiveness of ads, to track user actions and behavior on the Sites, and so forth.
If you visit the Sites or voluntarily provide us with Personal Information through the Sites or by any other means, you consent to our collection of that information and to the transfer, storage, and use of that information by us and our Affiliates.
- How Does Power Service Use Personal Information?
In addition to the uses and purposes outlined above in Section 2.1, we may collect and retain Personal Information and use it for the following general purposes:
- To provide you with any products, services, or information you request and/or purchase, or otherwise process your requested transactions.
- To communicate with you (including by mail, email, phone, and fax) about Power Service’s products, special offers, promotions, news, and upcoming events.
- To contact you in connection with any offer, survey, contest, sweepstakes, or other promotion in which you participate.
- To conduct internal company operations, including auditing, recordkeeping, and market research, data analytics, and targeted marketing, to improve the Sites, to track and understand users’ actions on the Sites, and to improve our customer service.
- To present the Sites and content to you and to facilitate and enhance your interactions with the Sites.
- To carry out our obligations and enforce our rights arising from any contracts or transactions entered into between you and us, including for billing and collection.
- To notify you about changes to our Sites or any products or services we offer or provide through it.
- To fulfill any other purpose for which you provide it and in any other way we may describe when you provide the information.
- For any other purpose with your consent.
- Disclosure of Your Personal Information
We may use and disclose aggregated information about our users, and information that does not identify any individual, without restriction.
It is not Power Service’s general practice to share your Personal Information with unaffiliated third parties for their own marketing use; provided however, we may provide your Personal Information to certain trusted third parties with which we have a special sponsorship or endorsement relationship for our joint marketing purposes. Also, we may share your Personal Information with our Affiliates for any purpose, and with third parties who assist us in operating the Sites and/or our social media pages or feeds, conducting our business, communicating with you, providing services to you or fulfilling transactions, for billing and collection purposes, for research or data analytics purposes, to fulfill the purpose for which you provided it, to comply with applicable laws, rules or regulations, or otherwise with your consent. Examples of these disclosures and purposes include, without limitation:
- Personal Information may be shared with our mailing house, email marketing service providers, advertising agency, web hosting provider, promotion administrators, research and analytics firms, and other service providers and vendors that provide services to us or help us interact with you and other customers.
- Personal Information and credit card information provided by you for e-commerce transactions will be sent to the appropriate credit card clearing house and credit card processor necessary to process your transaction and collect payment.
- Personal Information may be shared if it is requested by a government agency or law enforcement personnel or if we are required to disclose it in response to subpoenas, court orders, or other legal process, or as otherwise required by law.
- Personal Information may be shared in order to enforce these Terms or other policies or protect our or others’ rights, property, or safety, including for billing and collection purposes.
- Personal Information may be shared with our corporate successors or assigns in the event of a corporate transaction, such as a merger or a stock or asset sale.
- Personal Information may be publicly displayed as part of User Content you post or submit to us (as discussed further below).
- Choices About How We Use and Disclose Your Information
We strive to provide you choices regarding the information you provide to us. There are available mechanisms to provide you with the following control over your information:
- Promotional Offers and Newsletters from Us. If you have previously opted in to receiving promotional offers or newsletters from us and wish to no longer receive such communications or otherwise unsubscribe from such communications, please send a reply email with “UNSUBSCRIBE” in the subject line, follow the opt-out instructions provided in the applicable email, or otherwise let us know your preference to no longer receive such communications by sending us an email communicating the same to [email protected]. There may also be opt-out instructions provided in non-email marketing communications.
- Disclosure of Your Information for Joint Marketing Purposes. If you do not want us to share your Personal Information with trusted third parties with which we have a special sponsorship or endorsement relationship for our joint marketing purposes, you can opt-out by sending us an email stating your request to [email protected].
- Tracking Technologies and Advertising. You can set your browser to refuse all or some cookies, or to alert you when cookies are being sent. If you wish to block, erase, or be warned of cookies on the Sites, please refer to your browser manufacturer to learn about these functions. If you choose to remove or reject cookies, please note that some parts of the Sites may then be inaccessible or not function properly.
- Security of Information
Power Service maintains reasonable security procedures to protect your Personal Information in our possession. However, despite these measures, our IT systems could be compromised by parties seeking unauthorized access to our data or users’ data, by a technological malfunction or by an error by an employee, vendor or contractor. In addition, the transmission of information via the Internet could be intercepted by third parties. As a result, our efforts to protect our data and users’ data (including Personal Information) from unauthorized access may be unsuccessful and we cannot assure you that the security measures we have adopted will provide absolute certainty. By using or accessing the Site, you agree that Power Service is not responsible or liable for any loss or damage of any sort arising from or relating to any breach of our security, circumvention of any privacy settings or security measures, or interception of your transmissions. Any transmission by you or use of our Sites is at your own risk and electronic communications are not secure unless clearly noted otherwise. Please be aware of this when requesting information or sending Personal Information to us via this Site, via social media sites, or by electronic communication.
- User Content
- Third-Party Sites
This Site may contain links to third-party web sites or resources whose privacy practices may be different than ours. Prior to providing any information to such sites, you should consult the other sites’ privacy policies. These third-party sites are not under Power Service’s control, and we are not responsible for the contents of any third-party site or the third party’s use or disclosure of your information.
- Your California Privacy Rights and California Do Not Track Disclosure
When California customers provide personal information to a business, they have the right to request certain disclosures if that business shares personal information with third parties for the third parties’ direct marketing purposes. As stated in this Policy, Power Service does not share Personal Information with third parties for their direct marketing purposes. If Power Service should change its policy of sharing Personal Information with third parties for their direct marketing purposes in the future, you will be provided an opportunity to opt in or out of any such sharing. California customers may request information about our compliance with this law by contacting us as provided in Section 2.12 below.
Industry standards are currently evolving and we may not separately respond to or take any action with respect to a “do not track” configuration set in your browser.
- Children Under the Age of 13
The Sites are not intended for children under 13 years of age. No one under 13 may provide any Personal Information to or on the Sites. We do not knowingly collect Personal Information from children under 13. In the event that we learn we have collected any Personal Information from a child under the age of 13 we will delete that information as quickly as reasonably possible. If you believe we might have any information from or about a child under 13, please contact us as provided in Section 2.12 below.
Power Service may modify this Policy, in whole or in part, at any time. The modified Policy will be posted on this Site, and any changes will be effective immediately unless stated otherwise. However, if we make material retroactive changes to how we treat our users’ Personal Information, we will notify you and obtain your prior affirmative consent to use your Personal Information if the new use is materially different than the use claimed at the time of collection. If we make a prospective material change in how we will treat newly collected Personal Information, we will notify you by email to the email address specified in your account (if applicable) and/or through a notice on the Site home page posted for a reasonable amount of time after such change. The date the Policy was last revised is identified at the top of the this page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Site and this Policy to check for any changes.
By visiting the Site or providing Personal Information to us through the Site or by any other means, you consent to the uses and disclosures stated in this Policy. This Policy is a general statement of Power Service’s company policies and practices, and is not intended to be contractual in nature.
- How to Contact Us
If you have any questions regarding this Policy, please feel free to contact us by email at [email protected]. Our mailing address is Power Service Products, Inc., P.O. Box. 1089, Weatherford, Texas 76086.
- Effective Date
This Policy is effective as of the date stated at the beginning of these Website Terms and Policies.
SECTION 3: SALES TERMS AND CONDITIONS
PLEASE READ THESE SALES TERMS AND CONDITIONS CAREFULLY BEFORE PURCHASING PRODUCTS FROM THIS SITE. THIS CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. USE PRODUCTS AS DIRECTED AND FOLLOW ALL INSTRUCTIONS AND PRECAUTIONS ON PRODUCT LABELS AND SAFETY DATA SHEETS (SDSs).
The terms and conditions described in this Section 3: Sales Terms and Conditions (“Sales Terms”), along with the other provisions of these Terms apply to and govern your purchase of products from the Site. By placing an order for such products through the Site, you agree to be bound by and accept these Sales Terms along with all other provisions of these Terms. The Sales Terms are subject to change without prior written notice at any time, in our sole discretion. The latest version of the Sales Terms will be posted on this Site, and you should review these Sales Terms prior to purchasing any product that is available through this Site.
By purchasing any products through the Site, you represent and warrant that your purchase, importation, use, storage and/or subsequent transportation of the products will comply with all applicable local, state, federal, and international laws, rules and regulations. You acknowledge and ratify your indemnification obligations stated in Section 1.10 of these Terms.
- Order Acceptance and Cancellation
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems as we see fit. If we cancel your order after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. Power Service may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.
Once an order has been placed, it cannot be cancelled by you unless otherwise specified herein.
Subject to applicable geographic restrictions, we will endeavor to maintain the availability of the Site. However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.
- Payment Terms
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order.
At this time, we accept credit cards for all purchases through the Site. By placing an order on the Site, you represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay charges incurred by you at the posted prices, including all applicable shipping and handling charges and taxes, if any.
All payments must be in United States Dollars. Current billing address and phone information must be included with every order. You agree to pay interest on all past-due sums (if applicable) at the highest rate allowed by law. We retain a security interest in the products and all proceeds thereof until the full purchase price (including taxes and additional charges) has been paid.
Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described below.
- Changes in Products and Pricing
We may update and revise our offerings of products, and we may modify the specification or formula of any of the products, or discontinue the manufacture or sale of any products at any time without notice. To the extent that we provide information on availability of products, you should not rely on such information, and we will not be liable for any lack of availability of products that you may order through our Site. All pricing for the products available on our Site is subject to change.
- Shipping and Additional Charges
Geographic restrictions may apply. All items will be shipped by the method and cost as stated at checkout. Shipping terms are FOB Weatherford, Texas. Title and risk of loss or damage to the products pass to you upon our delivery of the products to the third-party carrier at Weatherford, Texas, regardless of whether we have handled the shipping arrangements as a courtesy to you. We are not responsible for the acts or omissions of any third-party carrier or for any loss or damage occurring during shipment. Although Power Service is not responsible for shortages or damage occurring after delivery of the products to the carrier at Weatherford, for expediency we may, in our discretion, assist with filing a claim with the carrier if necessary. Unless otherwise stated, quoted prices do not include shipping or handling charges, and those additional amounts will be calculated and charged, along with sales tax if applicable, at checkout. Due to the chemical nature of the products, FedEx Ground is currently the only delivery option for most products. If you are ordering a product to be shipped in a 55-Gallon Drum, additional terms and conditions may apply at checkout. You are solely responsible for any additional tax, duty, custom or other fee of any nature imposed upon the products, their purchase, transportation, import, export, use or consumption. Delivery dates are estimates.
- Warranties Disclaimer; Limitation of Liability
You acknowledge that Power Service makes no warranties with regard to the products PROVIDED on the Sites, except that the products, at the time of shipment, shall conform to Power Service’s written specificationS OR DESCRIPTIONS in effect at the time of shipment.
Other than the warranties made in the immediately preceding paragraph, neither Power Service nor any person on Power Service’s behalf has made or makes any express or implied representation or warranty whatsoever, including any warranties of merchantability or fitness for a particular purpose, both of which are expressly disclaimed, and you acknowledge that you have not relied on any representation or warranty made by Power Service or any other PARTY.
Power Service’s entire liability and your sole and exclusive remedy for any claims or other liability arising out of or related to your purchase of products on the Site will in no event exceed the purchase price, or the replacement, of the products out of which such claim or liability arose. Under no circumstances will Power Service be liable to you or any other party for any indirect, special, incidental or consequential damage, regardless of whether Power Service has been informed of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the above limitations and exclusions may not apply to you to the extent such jurisdiction’s law is applicable to your purchase of products.
You must have prior written approval from Power Service before returning any products purchased on the Site. Please contact us to assist with your return or credit request; see the applicable “Contact” or “Connect” page on the Site. All eligible returns to our facility must be shipped prepaid at your cost and, due to their chemical nature, must be re-packaged and shipped in accordance with our written specifications. Unauthorized or collect shipments will be destroyed and no credit, refund, or replacement will be issued.
Certain products are not eligible for return, including:
- Products that have deteriorated because of improper handling, abuse or other factors;
- Products that have been opened, partly used or for which labels or seals have been removed or tampered with;
- Products that have been involved in a special promotion;
- Broken, damaged or opened cases or containers. Resealed cartons or containers are not eligible for return; and
- Any products not purchased through the Site.
Credit for returned products is conditioned upon our inspection and approval of such products upon their return. If Power Service determines, in its sole discretion, that any returned products are not eligible for return, you will not receive a credit, even if a credit form was issued.
- Safe Shopping
When you provide Personal Information and credit card information for e-commerce transactions, this information is encrypted using industry-standard SSL (Secure Sockets Layer) encryption technology before being sent over the Internet. We submit to the appropriate credit card clearinghouse and credit card processor only the information necessary to collect payment. If any unauthorized use of your credit card occurs as a result of your credit card purchase on the Site, notify your credit card provider in accordance with its reporting rules and procedures.
- Force Majeure
In addition to any excuse provided by applicable law, we are not responsible for unavailability, non-delivery or delay in delivery of products available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, shipping delays, acts or omissions of third-party carriers, labor disturbance, product shortages or unavailability, order backlogs, production difficulties, war, fire, accident, adverse weather, inability to secure transportation, voluntary or involuntary compliance with any law, regulation, rule or policy of any branch of government or agency thereof, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.