Terms of Service
Overview
This website is operated by Potens Machines Inc. Throughout the site, the terms “we”, “us” and “our” refer to Potens Machinery Inc. Potens Machinery Inc offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Section 1 – Terms of Service
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.
Section 2 - General Conditions
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Section 3 - Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site (including but not limited to PDF drawings, technical specifications, videos and sizing charts) is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
Section 4 - Modifications to the Service and Prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Section 5 - Products and Suitability for Use Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns & Refund Policy. Suitability: The buyer is solely responsible for determining the proper product and/or service for their own needs and overall suitability of any Potens Mavhinery Inc. product for their specific application. Warranty: All products are subject strictly to the terms outlined in the Potens Machinery Inc Limited Warranty Policy.
Section 6 - Accuracy of Billing and Account Information
We reserve the right to refuse any order or service you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.
Section 7 - Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
Section 8 - Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to submit false or misleading information.
Section 9 - Disclaimer of Warranties; Limitation of Liability We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. Except as expressly set forth in the Potens Machinery Limited Warranty Policy, all products are provided on an "as is" basis. Potens Machinery Inc makes no additional warranties, express or implied, including but not limited to, any implied warranties of merchantability or fitness for a particular purpose. In no case shall Potens Machines Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, machinery downtime, loss of production, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product. Our liability shall be strictly limited to the purchase price of the product in question.
Section 10 - Indemnification
You agree to indemnify, defend and hold harmless Potens Machines Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section 11 - Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 12 - Product Specifications and Information Disclaimer
All product specifications, dimensions, capacities, and pricing listed on this website are intended for general informational purposes only and are subject to change without notice. While Potens Machinery Inc. strives to ensure the accuracy of all information provided, we do not guarantee that the content is entirely free of errors or omissions. Potens Machinery Inc. assumes no liability for typographical errors, outdated information, or discrepancies related to the descriptions of our machinery, trailers, or services. Please contact our team directly to verify all technical specifications and pricing prior to making a purchase or scheduling a service.
Section 13 - Governing Law These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Texas, USA. Any legal disputes arising hereunder shall be subject to the exclusive jurisdiction of the state and federal courts located in Texas.
Section 14 - Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.
Section 15 - Contact Information
Questions about the Terms of Service should be sent to us at:
Email: info@potensmachinery.com
Corporate Address: Potens Machines Inc., Richardson, TX 75082, United States