Terms and conditions
By using the site PTACCrew.com, or purchasing products from the site, you are accepting and agreeing to be bound by these Terms and Conditions (“Terms”). Any reference to or mention of PTACCrew.com also expressly includes PTAC Crew, LLC, and vice versa. Any reference to a PTAC unit expressly includes and applies to all products sold on PTACCrew.com.
PRODUCT WARNING REGARDING HCFC-22
Some units contain HCFC-22 (CHF2Cl) Monochlorodifluoromethane, a substance which harms public health and 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 all the time. 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, you explicitly authorize PTAC Crew, LLC to record and monitor your phone calls with any of its agents or representatives.
You fully understand and agree that PTACCrew.com order system automatically submits your order to the PTACCrew.com warehouse for picking, packing, and shipping, and that you cannot cancel an order once you have placed it. You also understand that PTACCrew.com may cancel your order at any time if you have not abided by these Terms. If PTACCrew.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 PTACCrew.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 PTACCrew.com 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 PTACCrew.com are unique, and therefore PTACCrew.com does 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, PTACCrew.com wants to remedy the problem— PTACCrew.com just asks that you report any issues immediately, and especially within 30 days of your order date so that you can be helped promptly. You also understand that PTACCrew.com does not accept returns unless your product is defective or damaged. To discuss any returns or refunds, contact the PTACCrew.com team at email@example.com. Finally, you understand that PTACCrew.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.
You fully understand and agree that once your order is given to the shipping carrier, PTACCrew.com no longer has control over your order. You agree that once such shipping carrier delivers your order to your address, you fully assume responsibility for the order.
Unless otherwise agreed to by PTAC Crew, you shall make payment prior to shipment of your order. If PTAC Crew agrees to allow you to make payment after shipment of your order, then payment shall be due at the time indicated on your Invoice. In such event, you agree that your payment is secured by the goods you purchase, and you therefore grant PTAC Crew a security interest pursuant to the Uniform Commercial Code in said goods, until such time you make full payment. You further authorize PTAC Crew to file, in PTAC Crew’s sole discretion, any financing statement or other legal documents necessary to perfect said security interest. PTAC Crew shall immediately release and terminate this security interest if and when you pay all amounts owing to PTAC Crew. PTAC Crew reserves the right to add a late charge of two percent (2%) of the principal amount due at the end of each month, or the maximum allowable legal interest rate, if a lesser amount, to any payment outstanding beyond the due date.
Warranties and Disclaimers
We offer a 6-month limited warranty on all refurbished PTAC units, whereby eligible customers can receive a replacement unit(s) for a damaged or defective unit. Claims can be made on this warranty for 6 months from the date you purchased the relevant unit(s). To make a claim, you must contact us and provide us with the unit identification number. If you do not give us the unit identification number, we cannot honor your warranty claim. Once you provide us with the unit identification number, we will ask you a series of basic questions which will help us better evaluate your claim. We reserve the right to deny any warranty claim if we in our sole discretion believe the claim is frivolous or fraudulent, or if our investigation reveals that your units' alleged damage or defect was caused by something other than our refurbishment process. Additionally, PTAC units purchased from PTAC Crew, LLC and subsequently resold by our customer are not eligible for this limited warranty.
OTHER THAN THOSE EXPRESSLY INCLUDED HEREIN, PTAC CREW, LLC MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE, ITS CONTENTS, ITS SERVICES, OR THE PRODUCTS YOU ORDER FROM PTAC CREW, LLC. PTAC CREW, 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 YOUR USE OF THIS WEBSITE INCLUDING ANY PRODUCTS OR SERVICES PROVIDED OR PURCHASED. PTAC CREW, LLC DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS OR ITS EMAIL WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). PTAC CREW, 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 YOU WHEN YOU REQUEST A QUOTE.
Your Release of Liability and Indemnification Obligations
Nothing contained on PTACCrew.com or otherwise published or communicated by PTAC Crew, LLC will be construed as providing consult or advice to you. Thus, PTAC Crew, LLC expressly disclaims any and all liability for the accuracy of information provided to you, and for how you use information provided to you, by PTAC Crew, LLC, and you understand and acknowledge that PTAC Crew, LLC cannot be held liable for how you or anyone else uses any information you receive from PTAC Crew, LLC. Therefore, you explicitly agree to release, hold harmless, indemnify, and pay to defend PTAC Crew, LLC and its owners, agents, officers, and employees against any resulting claims, actions, damages, costs, fines, investigations, assessments, and 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 PTAC Crew, LLC, including all information on the website PTACCrew.com and all information published or communicated by representatives or agents of PTAC Crew, LLC. Additionally, you also fully understand and agree that by placing an order with PTACCrew.com, you alone are responsible for how the products you purchased from PTACCrew.com are used by you and any other party. You explicitly agree to release, hold harmless, indemnify, and pay to defend PTAC Crew, LLC, 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 PTAC Crew, LLC related to your purchase or use of products you ordered from PTACCrew.com, you explicitly agree to release, hold harmless, indemnify and pay to defend PTAC Crew, LLC, 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 affirm and agree that the maximum liability incurred by PTAC Crew, LLC to you shall be capped at the selling price of the products you purchased from PTAC Crew, LLC. You further affirm and agree that you are purchasing refurbished units on the resale market to benefit from a more affordable price, and in consideration thereof, you are willing to accept the risks of obtaining and using less-than-new units. You further affirm and agree that PTAC Crew, LLC is not an insurer and in the case that you experience damage or loss as a result of the products you acquire from PTAC Crew, LLC, our liability shall be limited and capped at the selling price of the products you purchased, and this liability shall be exclusive. If you would like PTAC Crew, LLC to assume greater liability, you may contact PTAC Crew, LLC to discuss modified terms.
Attorneys Fees and Jurisdiction
In the event PTAC Crew, LLC is forced to retain legal counsel to enforce these Terms against you, and we prevail in the case against you, you must pay our reasonable attorneys’ fees and costs. Should you choose to file a complaint against PTAC Crew, LLC 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 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 PTACCrew.com, any information or products you receive from PTACCrew.com, any legal action instituted against you by PTAC Crew, LLC, and any legal action that you institute, or that someone else institutes as a result of your actions, against PTAC Crew, LLC.
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.
Disclaimer of Certain Damages
YOU AFFIRM AND AGREE THAT IN NO EVENT WILL PTAC CREW, LLC 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.
Intellectual Property Rights
You expressly acknowledge that all content on the website PTACCrew.com is the exclusive intellectual property of PTAC Crew, LLC, and all such rights (whether under copyright, trademark, common law, or any other form of intellectual property ownership) are reserved to and by PTAC Crew, LLC alone, and you expressly agree not to take any action inconsistent with PTAC Crew, LLC’s intellectual property rights. You further acknowledge that you have been made aware that the trademark "PTAC Crew" has been or will be registered in the U.S. Patent and Trademark Office by PTAC Crew, LLC.
Use of Your Email