Terms and Conditions
1) General Terms and Conditions
You may purchase parts as a guest or create an account with us (a “Poeller Technologies Inc account” also referred to “PTI account”) to use or Diagnostic services and Interface information. During registration we will ask you for information, which may include but not limited to, your name and other person information. You must provide accurate and complete information in response to our questions, and you must keep that information current. You are fully responsible for all activity that occurs under you Poeller Technologies Inc account. We reserve the right to change the account type, suspend or terminate the PTI account of anyone who provides inaccurate, untrue or incomplete information or fails to comply with the account registration requirements
2) Revisions, Disclosures and Notices
We can (PTI) make updates to our terms and conditions at any time, and will notify you of these updates as appropriate. By continuing to use are services after these updates, you agree to the revised terms. You also agree to receive notices from us electronically.
3) Restrictions
Except where prohibited by law, you may not, nor may you permit any third party, directly or indirectly, to:
a) Access or monitor any material or information on any PTI system using any manual or automated means.
b) Perform or attempt to perform any actions that would interfere with the proper working of our services, prevent access to or use of our services by other customers, or impose unreasonable or disproportionately large load on our infrastructure.
c) Copy, reproduce, alter, modify, publicly display, republish, upload, post transmit, resell or distribute in any way material, information or services form PTI.
d) Otherwise use our services except as expressly allowed under these terms.
4) Copyright and Trademark Infringement
a) We respect the intellectual property right of others and ask you to do the same. We will respond to all valid notices of such infringement; our policy is to suspend or terminate the accounts of repeat infringers.
5) Security
We take security seriously, but can’t guarantee that bad actors will not gain access to your personal information to your personal information. You need to do your part by keeping your passwords safe, being smart about who access to your account and which of your devices can access our services, and letting us know if you think an unauthorized person is using your account. If there is ever a dispute about who owns your account, we are the deciders. You provide your personal information at your own risk.
6) Communications
You consent to us sending messages to your email or mobile devices about your account or our services, which may include marketing. You can opt out of communications in ways that are specific to that communication method, such as by unsubscribing from emails, or replying to text messages with ‘STOP’.
7) Paid Services
We can collect payments for paid services and items purchased by either charging your linked debit/credit card or taking payment from your transaction proceeds. Payments are due upon purchase of item or service.
8) Taxes
Your Taxes are your responsibility. But we may have an obligation under applicable law to charge and/or remit Tax on Paid Services and Items. Sales within the state of Illinois will be taxed at the rate of 9.0%. Sales tax will be collected unless the seller provided an Illinois sales tax exemption certificate. Internet Sales are not taxed unless the total purchases within your state have exceeded $100,000.00.
9) Indemnification
The purchaser shall indemnify the seller against any and loss, claims, damage and expense (including attorney fees and court cost) caused by: any
a) Any acts or omissions of the purchaser, its employees, agents, contractors.
b) Failure to observe the instructions of the seller’s tech representative.
c) Improper use of test equipment, mis-placement of test leads, improper adjustment of a designated component.
d) Improper operation of the machine.
e) Mis-placement of a tool (ex: dropped tool inside of the machine or the control and shorted something out).
f) The use of the wrong documents (electrical / mechanical drawings / schematics, etc.) provided by the purchaser that don’t match the configuration or serial number of the machine.
10) Delays
The Seller shall not be liable for delay in performance due to any cause beyond its reasonable control.
11) Customer Maintenance Personnel
When using one of the seller’s diagnostic troubleshooting or interface procedures, the purchaser is responsible for providing a qualified person or persons whom are knowledgeable in the operation and basic maintenance of the machine and control. This person must have knowledge of electronics or electricity and mechanics. This person must be knowledgeable of state and federal safety regulations (ex: Lockout, Tag out procedures. Maintenance personnel are responsible for following warning labels both on the machine or component and in our procedures. Knowledge of mechanical, geometrical, electronic, hydraulic, cooling and/or pneumatic systems is extremely helpful when troubleshooting.
12) No Warranties
All of our items sold are either new but obsolete in both original packing or have been repackaged. All sales are final (our goal is to liquidate or inventory). All items are sold as-is without warranties.
13) Limitations of Liability and Damages
"In no event shall Poeller Technologies Inc be liable to the Customer for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost revenue, data loss, or business interruption, arising out of or in connection with the Services or Products provided under this Agreement, regardless of whether Poeller Technologies Inc was advised of the possibility of such damages. Further, Poeller Technologies Inc's total aggregate liability to the Customer for any and all claims arising under this Agreement shall not exceed the total fees paid by the Customer for the specific Services or Products giving rise to the claim."