PTAC4Less.com Terms and Conditions
By using the site PTAC4Less.com or purchasing products from the site, you are agreeing to be bound by these Terms and Conditions (“Terms”). Any reference to a PTAC unit expressly includes and applies to all products sold on PTAC4Less.com.
PRODUCT WARNING REGARDING HCFC-22
Attention, customers buying refurbished units: some refurbished units contain HCFC-22 (CHF2Cl) Monochlorodifluoromethane, a substance which harms public health and the environment by destroying ozone in the upper atmosphere. Contact the manufacturer for more details.
Recording Customer Phone Calls
We strive to provide you with excellent customer service at all times. In order to do that to the best of our abilities, we must be able to record and monitor your phone calls with our customer service team so we can make sure we’re always giving you the quality service you deserve. Therefore, you explicitly authorize PTAC4Less.com to record and monitor your phone calls with any of its agents or representatives.
You fully understand and accept that PTAC4Less.com’s order system automatically submits your order to the PTAC4Less.com warehouse for picking, packing, and shipping, and that you cannot cancel an order once you have placed it. You also understand that PTAC4Less.com may cancel your order at any time if you have not abided by these Terms. If PTAC4Less.com cancels your order due to a violation of these Terms, you will receive a refund of the amount of your purchase minus a $40 cancellation fee or 5% of your total purchase amount, whichever is greater. You also understand that if you refuse to accept delivery of an order that you placed, then PTAC4Less.com will charge you 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 PTAC4Less.com’s warehouse to your shipping address, plus the cost to ship back to the warehouse. (Which is the same amount of the initial shipment to your shipping address.) You will receive back the remainder of your original payment as a store credit, not as a refund.
You fully understand and agree that the products sold by PTAC4Less.com are unique, and therefore PTAC4Less.com will not accept returns for defective or damaged product where customers fail to notify us of such issues within 30 days of their order date. If there is anything wrong with your product, PTAC4Less.com wants to remedy the problem— PTAC4Less.com just asks that you report any issues immediately—and especially within 30 days of your order date—so that we can help you promptly.
You also understand that PTAC4Less.com does not accept returns unless your product is defective or damaged.
Finally, you understand that PTAC4Less.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.
To discuss any returns or refunds, contact the PTAC4Less.com team at firstname.lastname@example.org
You fully understand and agree that once your order is given to the shipping carrier, PTAC4Less.com no longer has any control over your order. You agree that once any such shipping carrier delivers your order to your address, you assume full responsibility for the order.
Local Pick Up
PTAC4Less.com offers local customers the option of picking up certain products in person at our warehouse. If you choose to take advantage of this option, you must bring a vehicle capable of carrying and transporting the products you choose to purchase (“Pick-Up Products”). PTAC4Less warehouse workers may be available to assist with loading Pick-Up Products in your vehicle, but workers will not be available to strap, tie, or in any way secure Pick-Up Products in your vehicle. You acknowledge that you are fully responsible for the pick-up, loading, carrying, and transportation of the Pick-Up Products. You further agree to release PTAC4Less.com of liability and forever waive all claims against PTAC4Less.com arising out of or associated with the pick-up, loading, carrying, and transportation of the Pick-Up Products. You further agree to indemnify and pay to defend PTAC4Less.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 the Pick-Up Products.
Six Month Limited Warranty
For factory-new PTAC units, we do not offer any warranty and you should consult with the manufacturer to determine the availability of a warranty. For refurbished PTAC units, PTAC4Less.com provides a six-month limited warranty. To be eligible for our six-month limited warranty on refurbished units, three criteria must be satisfied: (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 refurbishment process. If you do not meet all three criteria, then we reserve the right to reject your warranty claim. This limited warranty will only cover damage or defect; it will not cover scrapes, scratches, or other cosmetic issues.
YOU AGREE THAT OTHER THAN THOSE REPRESENTATIONS AND WARRANTIES EXPRESSLY INCLUDED HEREIN, WE MAKE 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.
Your Release of Liability and Indemnification Obligations
You understand and acknowledge that the website PTAC4Less.com is provided “as is,” with all faults. Nothing contained on PTAC4Less.com or communicated by the PTAC4Less.com team should be construed as providing consult or advice to you. Thus, PTAC4Less.com expressly disclaims any and all liability for the accuracy of (or how you use) any information provided to you by PTAC4Less.com or the PTAC4Less.com team. You understand and acknowledge that PTAC4Less.com cannot be held liable for how you or anyone else uses any information you receive from PTAC4Less.com or the PTAC4Less.com team. Therefore, you explicitly agree to release, hold harmless, indemnify, and pay to defend PTAC4Less.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 site and/or any information provided by PTAC4Less.com, including all information on the website PTAC4Less.com.
Additionally, you also fully understand and agree that by placing an order with PTAC4Less.com, you alone are responsible for how the products you purchased from PTAC4Less.com are used by you and any other party. You explicitly agree to release, hold harmless, indemnify, and pay to defend PTAC4Less.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 PTAC4Less.com related to your purchase or use of products you ordered from PTAC4Less.com, you explicitly agree to release, hold harmless, indemnify and pay to defend PTAC4Less.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 acknowledge and agree that our maximum liability to you shall never exceed the selling price of the PTAC units you purchased. You admit that you are purchasing refurbished units to take advantage of the price, which is more affordable than factory-new units. In exchange, you are willing to accept the risks of obtaining and using less-than-new units. You further acknowledge that we are not an insurer and in the case that you experience damage or loss as a result of the PTAC units you acquire from us, our liability shall be limited and capped at the selling 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 discuss modified terms.
Disclaimer of Certain Damages
IN NO EVENT SHALL PTAC4LESS.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.
Jurisdiction & Legal Fees
Should you choose to file a complaint against PTAC4Less.com or any of its owners, agents, officers, or employees, you agree that such a complaint must be filed within a court located in Knox County, Tennessee. You agree that any complaints filed within any other jurisdiction must be immediately removed to a court within Knox County, Tennessee. You further agree that to the extent PTAC4Less.com must engage legal counsel to enforce these Terms and Conditions, you must reimburse PTAC4Less.com for all reasonable attorneys fees and costs incurred by PTAC4Less.com, if PTAC4Less.com is successful in said legal matter.
You understand and acknowledge that Tennessee law will govern, regardless of any conflicts of law principles, your use of the website and your purchase of any products from PTAC4Less.com, any information or products you receive from PTAC4Less.com, any legal action instituted against you by PTAC4Less.com, and any legal action that you institute, or that someone else institutes as a result of your actions, against PTAC4Less.com. To the extent it is ruled that some other state’s law applies, and that state’s law prohibits the exclusion of implied warranties or the exclusion of liability, then these Terms shall be interpreted to omit any violative provisions.
Class Action Waiver
You expressly agree that any dispute resolution proceedings, including but not limited to litigation, arbitration, and mediation, will be conducted only on an individual basis and not in a class, consolidated, or representative action. By making this express agreement, you acknowledge and affirm that this is a knowing, voluntary, and permanent waiver of 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
You expressly acknowledge that all content on the website PTAC4Less.com is the exclusive intellectual property of PTAC4Less.com, and all such rights (whether under copyright, trademark, common law, or any other form of intellectual property ownership) are reserved to and by PTAC4Less.com alone. You expressly agree not to take any action inconsistent with PTAC4Less.com’s intellectual property rights. You further acknowledge that you have been made aware that the trademark “PTAC4Less” has been or will be registered in the U.S. Patent and Trademark Office by PTAC4Less.com.
Use of Your Email
You fully understand and agree that by placing your order or registering a customer account, you consent to allow PTAC4Less.com to communicate with you via your email address. You also agree to allow PTAC4Less.com to add your name and email address to its customer email list, thereby allowing PTAC4Less.com to send you marketing emails highlighting product offerings.
You can, of course, unsubscribe from this email list at any time.