Powerscreen New England
GENERAL TERMS AND CONDITIONS
This website located at https://parts.powerscreen-ne.com/ (the “Website”) is provided solely to assist Users in purchasing products from the Website, and for no other purpose whatsoever. The Website is offered by Powerscreen New England., a Connecticut corporation.
The following General Terms and Conditions (“Terms”), including any and all conditions stated within any additional documents referenced herein, are applicable to all transactions resulting in the sale and delivery of products from Powerscreen New England. (“Powerscreen NE”). Any terms, conditions, specifications or similar not expressly stated within these Terms are expressly excluded from this document and refused by Powerscreen NE. These Terms can only be varied by a writing signed by an authorized Powerscreen NE representative.
The following Terms outline your obligations when using the Website and associated services. For the purposes of these Terms, the terms “we”, “us”, “our” and “Powerscreen NE” refer to Powerscreen New England and the terms “you,” “User” and “Purchaser” refer to the individual users visiting and/or purchasing products from this Website.
1. ACCEPTANCE OF TERMS. This Website and the content contained within are offered to you conditioned upon your acceptance without modification of any and all the terms, conditions, and notices set forth below. BY ACCESSING OR USING THIS WEBSITE IN ANY MANNER, YOU AGREE TO BE BOUND BY THE THEN-CURRENT VERSION OF THE TERMS. PLEASE READ THE TERMS CAREFULLY. IF YOU DO NOT ACCEPT ALL OF THESE TERMS, YOU MAY NOT USE THIS WEBSITE. It is your sole responsibility to return to this page periodically to review the most current version of these Terms. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Terms without prior notice with such changes being effective upon our posting such modified Terms on this Website, and your continued access or use of this Website signifies your acceptance of the updated or modified Terms.
2. USE OF THE WEBSITE; PROHIBITED ACTIVITIES. Provided that you are not in violation of these Terms, Powerscreen NE grants to User a nonexclusive, nontransferable, nonsublicensable, terminable license to access and use, for the User’s personal use, the Website and its contents. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, deep-link, or otherwise exploit the Website or its contents, in whole or in part, except for your personal use without the express prior written consent of Powerscreen NE. Powerscreen NE may modify, update, suspend or discontinue the Website, in whole or in part, in its sole and absolute discretion for any or no reason, at any time and with or without notice. We shall not be liable to any user or other third party for any such modification, update, suspension or discontinuance.
3. PRIVACY POLICY. Powerscreen NE is committed to your privacy. Please read our current Privacy Policy located at this link {LINK}.
4. LINKS TO OTHER SITES ON THE WEB. This Website may contain hyperlinks to websites controlled and operated by third parties. Such hyperlinks are provided solely as a convenience to you and does not constitute an endorsement or approval of any such third party website (or the content contained within the same) by Powerscreen NE. You assume all risk for use of any such third party website. It is your sole responsibility to review any and all policies and user agreements, including privacy policies, associated with all such third party websites. Powerscreen NE does not control and is not responsible for your use of or any of the goods or services provided by such third party websites.
5. WEBSITE UPTIME. We will make best commercial efforts to ensure that the Website is online and available for your use at all times. Despite these efforts, there may be times when the Website is unavailable for your use for any number of reasons including, without limitation, downtime, updates, or forces beyond our control. We apologize in advance for any inconvenience that this inability may cause for you. Powerscreen NE shall not be responsible for any delays, failures or other damage resulting from such lack of access or problems it may cause.
6. ACCEPTANCE BY POWERSCREEN. Acceptance by Powerscreen NE of any offer to purchase any products listed on and sold by Powerscreen NE on the Website (the “Products”) by any Purchaser is made, if at all, via electronic communication to Purchaser by Powerscreen NE at its home office in South Windsor, Connecticut, and further evidenced by an invoice for such Products pursuant to Section 8 hereof. Purchaser is conclusively presumed to fully accept all of these Terms if Purchaser places an order with Powerscreen NE. In the event of Purchaser’s rejection of these Terms, Purchaser’s sole remedy shall be the cancellation of an order.
7. PRICE. Powerscreen NE strives to maintain Product prices at the lowest level. Occasionally, Product prices change without notice due to circumstances beyond Powerscreen NE‘s control. All prices posted on the Website reflect the current prices of Products and such posted prices will be honored by Powerscreen NE in the event of a purchase of Products by a Purchaser. All posted prices on the Website are net United States Dollars F.O.B. origin from Powerscreen NE‘s warehouse to Purchaser’s delivery location, include standard packaging and exclude all freight charges, duties, insurance, and/or taxes. Any and all taxes (other than Powerscreen NE‘s franchise, net income, or excess profit taxes) assessed in association with Purchaser’s acquisition of Products shall be Purchaser’s sole and absolute payment responsibility.
8. INVOICING; PURCHASER'S DEFAULT; ATTORNEY FEES. Sales of Products by Powerscreen NE are on thirty (30) day terms, unless otherwise determined in the sole and absolute discretion of Powerscreen NE, and shall be accompanied by an invoice. Credit purchases of Products may be available. Please inquire with Powerscreen NE. Purchaser is responsible for payment in full of such invoice on the thirtieth (30th) day following Purchaser’s receipt of the Products. Powerscreen NE shall assess to Purchaser’s account an interest charge of one and a half percent (1.5%) per month on any open invoices not paid by the thirtieth day following Purchaser’s receipt of the Products. If Powerscreen NE retains an attorney to collect the balance due of any unpaid purchase price of the Products, Purchaser agrees to pay, in addition to the unpaid balance of the purchase price of the Products, Powerscreen NE reasonable attorney fees and costs and expenses of collection. In addition, if Purchaser makes any counterclaim against Powerscreen NE, or shall initiate any claim in any court against Powerscreen NE, and Powerscreen NE shall prevail in defending any such claim, as determined by the court, as the case may be, Purchaser agrees to pay Powerscreen NE ‘s reasonable attorney fees and costs and expenses of defending such claim.
9. ORDER TERMINATION BY PURCHASER. Purchaser can cancel any order within two (2) days after first receiving an electronic communication confirming such order from Powerscreen NE unless the order has already shipped from Powerscreen NE to Purchaser. Outside of this period Purchaser can only cancel an order with Powerscreen NE‘s prior written consent. No cancellations shall be accepted with respect to any made-to-order Products. If Purchaser cancels an order before Powerscreen NE ships the Products, such cancellation will be without charge to the Purchaser. If Purchaser cancels an order after it has been received by Purchaser, Purchaser shall be solely responsible for and pay any and all shipping costs associated with returning the Products to Powerscreen NE.
10. SHIPMENT, RISK OF LOSS, AND DELIVERY. All prices are F.O.B. origin from Powerscreen NE‘s warehouse to Purchaser’s delivery location, and shipments become the Purchaser or consignee’s property once shipped from Powerscreen NE‘s warehouse and signed for by the motor carrier, United Parcel Service (UPS) carrier or any other nationally recognized courier. In the event the Products are shipped by Powerscreen NE to Purchaser on a Powerscreen NE truck, the price shall include a delivery surcharge representing any and all applicable fuel charges. In the event the Products are shipped by Powerscreen NE to Purchaser via Federal Express or any other nationally recognized courier, the price shall include a delivery surcharge representing courier charges. In the event the Products are shipped by Powerscreen NE via an LTL carrier, the price shall include a delivery surcharge representing the LTL charges. In the event of any rush shipment of Products by Powerscreen NE to Purchaser, the price shall include a delivery surcharge representing the rush shipment charges. The delivery date given by Powerscreen NE is only an estimated delivery date and is not a representation or guarantee of a particular date of shipment or delivery. Powerscreen NE will attempt to ship the Products for delivery on or about the times stated, although time shall not be of the essence as to delivery. Powerscreen NE shall not be responsible for any special, direct, indirect, incidental or consequential damages associated with any delay in the delivery of any Products. Unless otherwise agreed in writing by Powerscreen NE, (a) Powerscreen NE may ship the Products in lots from time to time or all at one time; (b) Powerscreen NE may choose the shipper and routing of shipments; (c) the cost of shipping and insurance for the Products shall be the sole responsibility of and paid for by Purchaser; (d) no loss or damage to the Products shall impair any obligation of Purchaser within these Terms and all such obligations shall continue in full force and effect until discharged; (e) Powerscreen NE cannot honor backcharges and urges Purchaser to inspect all shipments before signing a clear receipt; (f) when delivery of Products is made via freight carrier, Purchaser shall have the responsibility of filing a claim against the freight carrier for damaged Product; (g) when delivery of Products is made via Federal Express or any other nationally recognized overnight courier, Purchaser shall have the responsibility of noting any and all damage on the back of the packing list and once completed, forward the packing list to Powerscreen NE and hold the damaged Products for disposition instructions from Powerscreen NE; and (h) when delivery of Products is made via Powerscreen NE’s vehicle, claims for breakage or other damage will not be considered unless such damage is noted on the delivery receipt and a claim for such damage is filed with Powerscreen NE no later than ten (10) calendar days from Purchaser’s receipt of the Product.
11. WARRANTY; NON-CONFORMING GOODS; DISCLAIMERS; LIMITATION OF REMEDIES.
(a) Non-Conforming Goods. Purchaser shall have the exclusive duty to inspect all Products delivered. Such inspection shall occur immediately following Purchaser’s initial receipt of the Products. All non-conforming goods claims must be made by Purchaser in writing specifying the nature of the alleged non-conformity within ten (10) business days following Purchaser’s initial receipt of the Products. Purchaser’s failure to notify Powerscreen NE of any non-conforming Products within such ten (10) business day period following the Purchaser’s initial receipt of the goods shall constitute (i) Purchaser’s full and complete acceptance of the Products and (ii) Purchaser’s waiver of any further right of inspection and/or claims of non-conforming Products. Within a reasonable time after any such timely notification, Powerscreen NE will inspect the alleged non-conforming Products and, if and only if they are deemed in Powerscreen NE sole discretion to indeed be non-conforming, Powerscreen NE will, at Powerscreen NE’s sole option, (i) replace any non-conforming Products at the original point of delivery or (ii) refund the Purchaser’s purchase price for such non-conforming Products. Powerscreen NE shall not be liable for any incidental or consequential damages in connection therewith. These remedies are Purchaser’s exclusive remedies for non-conforming goods. Purchaser acknowledges that it consensually waives the specific remedies stated for the delivery of non-conforming goods as stated and as that term is defined within Article 2 of the Uniform Commercial Code. The non-confirming goods process set forth in this Section 11(b) only applies to Products purchased from Powerscreen NE and does not apply to products purchased from any other Powerscreen NE affiliate.
(b) Disclaimer of Other Warranties. IF A PRODUCT DOES NOT CONFORM TO THE WARRANTIES LISTED ABOVE, THE PURCHASER’S SOLE AND EXCLUSIVE REMEDY IS, AT Powerscreen NE‘s SOLE AND EXCLUSIVE OPTION, THE (1) REPLACEMENT OF ANY DEFECTIVE PRODUCT, OR (2) refund of the purchase price for any defective product. The warranty and remedies set forth above are exclusive and made in lieu of all other warranties, remedies, rights or conditions, whether oral or written, express or implied, Either in FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, including the implied warranties of merchantability and fitness for a particular purpose. Powerscreen NE specifically disclaims, without limitation, any and all other warranties, express or implied, of any kind. all such products are provided by POWERSCREEN on an “as is” basis. THIS DISCLAIMER OF WARRANTY SHALL NOT LIMIT PURCHASER’S RECOURSE AGAINST THE MANUFACTURER OF THE PRODUCTS UNDER ANY WARRANTY, IF ANY, EXTENDED BY SUCH MANUFACTURER. ANY WARRANTY OF ANY MANUFACTURER SHALL NOT BE DEEMED TO BE THE WARRANTY OF POWERSCREEN.
(c) Limitation of Remedies. The remedies contained herein are Purchaser’s only remedies concerning the Products or occurrences related thereto. In no case shall Powerscreen NE be liable for any indirect, incidental, punitive, special or consequential damages, including but not limited to, damages to other property, inconvenience, damages for loss of profits, revenue, goodwill or use, incurred by Purchaser or any third party, whether in an action in contract, tort, strict liability, or imposed by statute, or otherwise, even if advised of the possibility of such damages.
(d) No Other Warranties. No agent, representative, or employee of Powerscreen NE is authorized to change the warranties herein or to give any other warranty, express or implied, unless approved in writing by an officer of Powerscreen NE.
12. IMAGES. The images used in this Website are digital representations of actual products. Please note that due to computer monitor differences, photographic lighting variances, and other variables, individual features shown online may not match precisely with the product shipped to you. As such, the images in this Website are to be used for illustrative and reference purposes only and should not be used as the sole basis for selecting and purchasing a particular product. While these images are indicative of the quality and style of the products sold by Powerscreen NE, the appearance, packaging, and color of the products you receive may vary from what you see on your computer system.
13. RETURNS. All returns of unused, undamaged Products must be within thirty (30) calendar days of invoice date. No returns are permitted without Powerscreen NE‘s prior written consent. No returns shall be accepted with respect to any made-to-order Products, electrical items, used Products, or damaged Products. Call +1 860 627 6596 to receive an authorization number and instructions on how to return a Product. Purchaser shall reimburse Powerscreen NE for any damages incurred by any Products between their original delivery to Purchaser and return delivery to Powerscreen NE‘s warehouse. Purchaser shall be solely responsible for the cost of all freight and insurance charges associated with any authorized Product return. Purchaser shall solely assume all risk of loss or damage associated with any authorized Product return. Powerscreen NE shall reject any unauthorized Product returns and may reship them to Purchaser “freight collect” with Purchaser being solely responsible for all associated freight charges. If any Product delivered to Purchaser is damaged due to the fault of Powerscreen NE or any Powerscreen NE delivery carrier, Powerscreen NE shall pay and be solely responsible for the shipping charges for Purchaser’s return of the item to Powerscreen NE and for the shipment by Powerscreen NE to Purchaser of any replacement Product. The returns process set forth in this Section 13 only applies to Products purchased from Powerscreen NE and does not apply to products purchased from any other Powerscreen NE affiliate.
14. FORCE MAJEURE. Powerscreen NE shall have no liability for any non-performance or delay in performance of its obligations due to events beyond its reasonable control, including, without limitation, fire, storm, flood, earthquake, explosion, epidemic, pandemic, accident, acts of the public enemy, wars, riots and public disorder, sabotage, strikes, lockouts, labor disputes, labor shortages, work slowdown, stoppages or delays, shortages or failures or delays of energy, materials, supplies or equipment, transportation, embargoes or delays, acts of God, and breakdown in machinery or equipment.
15. NO LIABILITY TO THIRD PERSONS. Purchaser agrees to hold harmless and indemnify Powerscreen NE for any claim or action by any third person arising out of or alleged to arise out of the delivery, design, manufacture, or use of the Products.
16. INTELLECTUAL PROPERTY OWNERSHIP. All right, title and interest in and to the intellectual property rights in and associated with this Website and the Products, including all technology and trade secrets embodied therein and any custom developments created by Powerscreen NE for Purchaser, and any derivative works thereof, shall belong solely and exclusively to Powerscreen NE and its licensors, and Purchaser shall have no rights whatsoever in any of the foregoing. Purchaser shall not be granted an ownership interest in the intellectual property rights in the Products either in whole or in part. In the event of a violation (or threatened violation) of Powerscreen NE‘s intellectual property rights, Powerscreen NE shall have the right, in addition to such other remedies as may be available pursuant to law or these Terms, to temporary or permanent injunctive relief enjoining such act or threatened act as both Powerscreen NE and Purchaser acknowledge and agree that the legal remedies for such violations or threatened violations are inadequate and that Powerscreen NE would suffer irreparable harm.
17. MISCELLANEOUS TERMS.
(a) Choice of Law; Venue. By visiting or using and purchasing Products from this Website, you agree these Terms and, to the fullest extent permitted by applicable law, all matters arising out of or relating in any way to these Terms (whether arising in contract or in tort), shall be governed by and construed in accordance with the laws of the State of Connecticut, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than Connecticut. The application of the Convention on Contracts for the International Sale of Goods is hereby fully excluded. By purchasing Products from Powerscreen NE, Purchaser fully acknowledges and agrees that any controversy, claim, or dispute arising out of or related to the Products, these Terms, or the breach thereof, shall be brought only in the state courts of Connecticutin Hartford Countyor the Federal Courts located in Connecticut having jurisdiction over Hartford County. Purchaser hereby consents fully to and waives any dispute over personal jurisdiction to such venue and courts. If Powerscreen NE prevails in any such lawsuit, the costs and expenses associated with such lawsuit and Powerscreen NE‘s reasonable attorney fees to collect the purchase price of the Products and/or to defend any claims made by Purchaser against Powerscreen NE related to the Products shall be paid by Purchaser.
(b) Compliance with Laws.Purchaser represents and warrants to Powerscreen NE that Purchaser is familiar with and understands all federal, state, and local laws, rules, regulations, orders, and standards (collectively called “Laws”) applicable to the Products. Unless otherwise expressly agreed in writing signed by Powerscreen NE and Purchaser, Powerscreen NE shall not be liable to Purchaser for, and Purchaser agrees to indemnify and defend and hold Powerscreen NE harmless from, any liability arising or alleged to arise out of, any failure of the Products to conform to any such Laws.
(c) Reservation of Rights. No failure of Powerscreen NE to insist upon or compel compliance by Purchaser with any of the terms, provisions, or conditions hereof shall be construed as a waiver by Powerscreen NE of its rights to insist upon compliance therewith in the future.
(d) Severability. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Terms shall continue in effect.
(e) No Right of Set Off. Purchaser shall not enjoy a right of set-off against any amount due Powerscreen NE under any circumstance except for claims that have been finally adjudicated or are fully undisputed.
(f) Waiver; Indemnification. Purchaser hereby (i) waives, releases and discharges any and all claims of any and every kind (including, but not limited to, injury to or death of any person or damage to property), which it may have at any time against Powerscreen NE, its agents or employees, by reason of or arising out of any condition or defect in the Products, including, but not limited to, any claimed improper design, specifications or manufacturing defect of the Products; and (ii) covenants to indemnify and hold harmless Powerscreen NE, its agents and employees, of, from and against any and all loss, damage, expense, claims, suits, costs of defense, including attorney fees or liability which Powerscreen NE or any of its employees may sustain or incur at any time for or by reason of any injury to or death of any person or persons or damage to any property, arising out of any condition or defect of the Products, including, but not limited to, claimed improper design or manufacturing defect or other defect of the Products.
(g) Protection. All text, graphics, design, selection, and arrangement of information on this Website are protected by United States and international copyright laws - © 2023 Powerscreen New England All rights reserved.
(h) Unauthorized Use. Any unauthorized duplication, modification, or use of any material provided on this Website, whether protected by copyright or otherwise, of any kind is strictly prohibited.
(i) Trademarks. “Powerscreen NE” and the affiliated logo devices are trademarks of Powerscreen New England. Any unauthorized use of these trademarks, or other trademarks owned by Powerscreen New England is strictly prohibited.
(j) Other Logos. All other logos and product and company names mentioned herein may be the trademarks of their respective owners.
(k) No Agency. You agree that no joint venture, agency, partnership, or employment relationship exists between you and Powerscreen NE as a result of these Terms, use of this Website or the purchase and delivery of Products.
(l) Entire Agreement. These Terms (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Powerscreen NE with respect to this Website and the purchase and delivery of Products and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Powerscreen NE with respect to this Website and the purchase and delivery of Products.