Terms and conditions
Assumption of Shipping Liability
We try our best to ensure that your order reaches your establishment as quickly and as trouble-free as possible, but we simply cannot guarantee that the shipping carrier (for example, UPS or FedEx) you select will not damage or lose your product, or that once delivered, your product will not be stolen or damaged. Once your product is delivered to the address you have provided, you assume all responsibility for its safety and hereby explicitly release PTAC USA, LLC (PTACUSA.com) from all liability and responsibility thereafter.
Warning Regarding HCFC-22
If you are buying a refurbished unit, the following may be applicable to you depending on the type of unit you are purchasing:
WARNING: Contains HCFC-22 (CHF2Cl) Monochlorodifluoromethane, a substance which harms public health and environment by destroying ozone in the upper atmosphere.
Order Cancellation by Customers
Because our system is 100% automated and because your order will ship so quickly, orders may not be cancelled or changed by our customers once submitted. Additionally, for your security our customer service team is unable to alter any product information or credit card charges once you place your order. If you refuse to accept delivery of any order that you placed, we cannot issue a full refund to you. Instead, we must deduct the full cost of shipping both ways (cost to ship back is the same as the initial shipping cost to you), plus a restocking fee equal to 10% of your order. We will return the remainder to you as either a store credit or partial refund.
Order Cancellation by PTACUSA.com
PTAC USA, LLC (PTACUSA.com) reserves the option to cancel any orders where the purchaser has not abided by these Terms and Conditions. In the event that PTACUSA.com chooses to cancel your order, you will receive a refund of the full amount of the purchase less a $40.00 cancellation fee or 5% of the total purchase amount, whichever is greater. We do not like canceling orders, but sometimes we must where a customer has not adhered to these Terms and Conditions. When this happens, our office incurs various costs ranging from credit card processing fees to chargeback fees. It is your responsibility to make sure that you fully understand and comply with these Terms and Conditions
Due to the unique nature of the product we sell we only accept returns for damaged or defective product. Product must be returned within 30 days of your order date. There will be no refund issued for any returns that are received at our warehouse without a prior Approved Return Request on file or for any returns that are received at our warehouse with a prior Declined Return Request on file. In this scenario, if you would like to keep the unauthorized return received at our warehouse, we are happy to collect additional payment from you to cover the costs to ship the product back to you.
If you feel like you should be able to return your product for a reason other than it being damaged or defective product, you are welcome to fill out a Return Request Form and your Return Request will be considered. Please email us at firstname.lastname@example.org to make a return request; someone on our staff will respond promptly. If your return is approved, we will reply back to your email with the options available for processing your return. Returns will receive store credit or refund, at our sole option.
NOTE: If product in your possession was received damaged, damage must be noted in your Return Request Form and pictures must be supplied documenting the damage. If your Return Request is approved, you are responsible for properly packing and securing your return order to protect it from damage incurred in transit back to our warehouse. All returned product is examined upon arrival and check-in at our warehouse and only product in New/Sellable condition will receive a full credit (unless the damage occurred in transit to your location and you properly notified and documented the damage in your initial Return Request Form). If for any reason you decide you want the product back after it has been received at our warehouse, we are happy to collect additional payment from you to cover the costs to ship the product back to you.
Recording Customer Phone Calls
Our goal is to provide you with excellent customer service every chance we get. To help us do that, we need to 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 service you deserve. Therefore, I explicitly authorize PTAC USA, LLC to record and monitor my phone calls with any of its agents or representatives.
Warranty & Disclaimer
If you are purchasing refurbished PTAC units, we strive to provide the highest quality of refurbished units and we therefore offer a six-month warranty on all refurbished units. PTAC USA, LLC shall only be liable for issues expressly covered under this six-month warranty. To submit a warranty claim for a refurbished unit, you must contact our team and provide us with the unit identification number. If we confirm that your unit was purchased within six months of your claim, and if we believe in good faith based upon our evaluation that your unit is damaged or defective as a result of our refurbishment process, then we will replace the relevant unit(s) at no further charge to you. Replacement of the defective or damaged units(s) is your sole remedy under this limited warranty. This limited warranty will only cover defect or damage (i.e., not cosmetic issues). Units which are resold to third parties after being bought from PTAC USA are not covered by this warranty.
I UNDERSTAND AND AGREE THAT OTHER THAN THOSE EXPRESSLY INCLUDED HEREIN, PTAC USA, LLC MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE, ITS CONTENTS, ITS SERVICES, OR THE PRODUCTS I ORDER FROM PTAC USA, LLC. PTAC USA, LLC HEREBY 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 MY USE OF THIS WEBSITE INCLUDING ANY PRODUCTS OR SERVICES PROVIDED THROUGH THE SITE OR WHICH I PURCHASE THROUGH THE SITE OR ITS CUSTOMER SERVICE TEAM. PTAC USA, LLC DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS OR ITS EMAIL WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). PTAC USA, LLC DOES NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA, INCLUDING WITHOUT LIMITATION ANY MODELS SUBMITTED BY ME WHEN I REQUEST A QUOTE.
Release of Liability and Agreement to Indemnify and Defend
I understand and acknowledge that PTAC USA, LLC expressly disclaims any and all liability for the accuracy of information provided to me, and for how I use information provided to me, by PTAC USA, LLC, and I understand and acknowledge that PTAC USA, LLC cannot be held liable for how I or anyone else uses any information I receive from PTAC USA, LLC. Therefore, I explicitly agree to release, hold harmless, indemnify, and pay to defend PTAC USA, LLC and its owners, agents, officers, and employees against any resulting damages and/or civil liability or criminal prosecution arising from or related to my use of information provided by PTAC USA, LLC. By placing an order with PTAC USA, LLC, I understand and acknowledge that I alone am responsible for how the products I purchased from PTAC USA, LLC are used by me and by any other party. I explicitly agree to release, hold harmless, indemnify, and pay to defend PTAC USA, LLC and its owners, agents, officers, and employees against any resulting damages and/or civil liability or criminal prosecution arising from or related to the products I have purchased, to include but not limited to the use of the product, the storage of the product, and the transportation of the product. In the event that any other party files a claim of any kind against PTAC USA, LLC, I will indemnify and pay to defend PTAC USA, LLC and its owners, agents, officers, and employees against any resulting civil liability or criminal prosecution.
Limitation of Liability
I understand and agree that in no event shall PTAC USA, LLC’s maximum liability to me exceed the selling price of the products I purchased from PTAC USA, LLC. I acknowledge that I am purchasing refurbished units on the resale market to benefit from a more affordable price; in exchange, I am willing to accept the risks of obtaining and using less-than-new units. I further acknowledge that PTAC USA, LLC is not an insurer and in the case that I experience damage or loss as a result of the products I acquire, PTAC USA, LLC’s liability shall be limited and capped at the selling price of the products I purchased, and this liability shall be exclusive. If I would like PTAC USA, LLC to assume greater liability, I understand I can contact PTAC USA, LLC to discuss modified terms.
Jurisdiction and Attorneys Fees
In the event that I choose to file a complaint against PTAC USA, LLC or any of its owners, agents, officers, or employees, I agree that such a complaint must be filed within a court located in Knox County, Tennessee. I agree that any complaints filed within any other jurisdiction shall be immediately removed to a court within Knox County, Tennessee and I agree to reimburse PTAC USA, LLC and its owners, agents, officers, and employees for any costs they may each incur in defending against the complaint or effecting its removal until such time that the complaint is properly filed within a court located in Knox County, Tennessee. I further agree that if PTAC USA, LLC is forced to hire an attorney to enforce these Terms and Conditions against me, and PTAC USA, LLC prevails in such matter, I will be liable to pay reasonable attorneys’ fees and costs incurred by PTAC USA, LLC in such matter.
I understand and acknowledge that Tennessee law will govern exclusively: my purchase and use of any products from PTACUSA.com; any information I receive from PTACUSA.com; any legal action instituted against me by PTAC USA, LLC; and any legal action that I institute, or that someone else institutes as a result of my actions, against PTAC USA, LLC.
Class Action Waiver
I 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, I 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.
I UNDERSTAND AND AGREE THAT IN NO EVENT WILL PTAC USA, LLC BE LIABLE TO ME 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.
Trademarks and Copyright
I expressly acknowledge that all content on the website PTACUSA.com is copyrighted by PTAC USA, LLC. I further acknowledge that I have been made aware that the trademark "PTAC USA" has been Registered in the U.S. Patent and Trademark Office by PTAC USA, LLC.
We allow our local customers to retrieve certain products at our facility. To use this option, you must pick up your products in a suitable vehicle, which can carry your products. Our facility workers may be able to help you load your products into your vehicle, but they will not help you tie them down or secure them. To take advantage of our local pick-up option, you agree as follows: I am fully responsible for the pick-up, loading, carrying, and transportation of the products. I explicitly agree to release, hold harmless, indemnify, and pay to defend PTAC USA, LLC and its owners, agents, officers, and employees against any resulting damages and/or civil liability and/or criminal prosecution arising from or related to my pick-up, loading, carrying, and transportation of the products.
Any information you send to or provide to PTACUSA.com will be used only for processing your orders and to better serve you or make you aware of product specials. By way of example, if a natural disaster occurs to delay your order from reaching you, our office will be able to contact you using the information you provide.
We use Google Analytics and Advertising Features ("GA") to gather information on parts of our website, with the purpose of improving user experience, product offering, and the quality of the site. Before we say anything else about this, you are free to opt out of this data collection by adjusting your Google Ad Preferences or by installing Google’s opt-out browser add-on available here. GA uses first-party and third-party cookies to define a visitor to the site, to collect data about how visitors use the site, and to learn about a visitor's shopping preferences. Cookies are text files placed on your computer to collect standard internet log information and visitor behavior information. The cookies are linked to our site and we only use that data for understanding how visitors use the site. GA collects anonymous demographics and interests data about site visitors, but no personally-identifying information is tied to this process. By using PTACUSA.com, you agree to its use of such information, and you further agree to GA's terms found here.
We do not sell, trade, or otherwise transfer to third parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, as long as these parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours and others' rights, property, or safety.