General Terms and Conditions
P&N Distribution LLC and its affiliates (“P&N Distribution”) provide this website as a service to its customers, prospective customers, distributors, dealers, and others. Except as otherwise set forth herein, these general terms and conditions of use (“Terms and Conditions”) govern your use of his website (the “Site” or “website”) and any products purchased from P&N Distribution from the Site (the “Products”).
P&N Distribution reserves the right to change or delete the contents of this website, including, but not limited to specifications or designs of its products at any time without notice.
Acceptance of Terms and Conditions of Use. By accessing and using the Site, you acknowledge that you have read and agree to these Terms and Conditions. If you place an order for any Products with P&N Distribution, you must indicate your consent to these Terms and Conditions prior to placing your order. If you do not agree to be bound by these Terms and Conditions, then you are requested to immediately exit the Site. P&N Distribution may take any actions it deems appropriate, including, but not limited to, restricting your access to the Site or Products if P&N Distribution determines in its sole discretion that you have violated these Terms and Conditions.
Revisions to Terms and Conditions. Please refer to these Terms and Conditions regularly. P&N Distribution reserves the right to modify these Terms and Conditions at any time in its sole discretion and without notice. Any such modifications shall be effective immediately upon posting of the modified Terms and Conditions. Your continued access or use of this Site constitutes acceptance of the Terms and Conditions stated at the time of access or use. P&N Distribution may at any time and without prior notice revise these Terms and Conditions by updating this posting.
Purchase of Products.
a. Payment and Delivery. Prices for all Products are in United States dollars and exclude any and all applicable taxes and shipping and handling charges. To the extent permissible under law, you are responsible for any applicable taxes, whether or not they are listed on your receipt or statement. If you purchase Products, you agree to pay, using a valid check, ACH payment, or credit card (or other form of payment that P&N Distribution may accept from time to time), the applicable fees and taxes (if any) set forth in the offer that you accepted. P&N Distribution reserves the right, upon prior notice to you, to change the amount of any fees and to institute new fees. All authorized charges will be billed to your designated customer account or credit card (or other payment method) on the terms described in the specific offer. If payment cannot be charged to your credit card/customer account or your payment is returned to P&N Distribution for any reason, P&N Distribution reserves the right to either suspend or cancel your order. It is your responsibility to ensure that sufficient funds are available to cover the charges for Products, and P&N Distribution has no liability for any overdraft or other fees that you may incur as a result of P&N Distribution processing your payment.
b. Order Acceptance and Confirmation. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. P&N Distribution reserves the right at any time after receipt of your order to accept or decline your order for any reason. Any and all orders accepted by P&N Distribution are governed exclusively by the P&N Distribution terms of sale applicable to the specific Product and these Terms and Conditions.
c. Sales Tax. Prices do not include, and you shall be responsible for, all applicable sales taxes for any Products you purchase.
d. Returns and Exchanges. Unless otherwise specified by P&N Distribution on this website or on the terms of sale for a Product, P&N Distribution has a 90-day return policy. In order to qualify for a return or exchange, P&N Distribution must be notified within 90 days, and have possession of the Product within the 90th day (from the date of receipt) of the Product purchase. After 90 days from the date of receipt, P&N Distribution is not obligated by any means to replace the Product or refund any money paid for the Product for any reason. P&N Distribution does not take back equipment after it has been installed. The only exception would be under a manufacturer’s warranty or if approved by an authorized employee of the manufacturer. If a return is approved, the receiving store is responsible for getting that authorization, the proper information, and facilitating credit from the appropriate manufacturer. All other items purchased from P&N Distribution may be returned within 90 days of the original purchase date if they are in good, resalable condition (free of damages, defects, scratches, markings, etchings, etc.). Returned items may be subject to a restocking charge. All returns will be credited to the customer’s P&N Distribution account in the form of a merchandise credit which can be used on future purchases. Credits expire 1 year from the issue date.
e. Installation and Repair Information. Many Products sold through this website should be installed and repaired by qualified service professionals. P&N Distribution strongly encourages you to refer to the use & care manual or installation manual of the Product for more information. This website may contain general information to aid qualified service professionals in the repair of certain products and parts. The complete model number and serial number of the unit under repair should be specified when selecting and ordering replacement parts. Specifications and illustrations are subject to change without notice. P&N Distribution assumes no responsibility or liability for acts or omissions, errors, mistakes, or negligence of the purchaser or any other person or entity. The purchaser is responsible for choosing the appropriate products and parts and must verify the proper and safe operation of equipment after the replacement of any original components.
a. Corporate Identification and Trademarks. All registered or unregistered corporate names, trademarks, service marks, logos, and other source-identifying designations (collectively “Marks”) used or referred to on this website are the property of P&N Distribution unless otherwise noted. Unauthorized use of the Marks is prohibited.
b. Proprietary Rights to Content. All content, including but not limited to information, all written materials, catalogs, photographs, computer programs, applications, computer code (including source code and object code), illustrations, artwork, designs, graphics, layout, data, logos, messages, the HTML code that P&N Distribution creates to generate the Site, or other materials (collectively, “Content”) included on the Site is the property of P&N Distribution or content providers of P&N Distribution and are protected by copyright, trademark, service mark, trade dress, patent, trade secret, or other intellectual property rights and laws. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes, and other proprietary rights of P&N Distribution and content providers of P&N Distribution is granted to or conferred upon you. The downloading, reproduction, printing, copying, storage, or distribution of any Content, other than for non-commercial individual use, is strictly prohibited. The use of any Content for a commercial purpose, without the express written consent of P&N Distribution, violates P&N Distribution copyrights, trademark rights, and other intellectual property rights and may be a violation of federal law subject to criminal and civil penalties.
c. Third party content. P&N Distribution claims no proprietary rights to, or affiliation with, any third-party trademarks or logo referenced or appearing on the Site. You should not infer any affiliation, sponsorship or endorsement from the use of third-party marks on the Site as such marks are used solely to designate certain products or services as belonging to their respective owners.
d. Disclaimer. THE SITE INCLUDES CONTENT AND INFORMATION THAT IS SUBJECT TO CHANGE WITHOUT NOTICE. WHILE P&N DISTRIBUTION DESIRES THAT THE CONTENT AND INFORMATION ON THE SITE BE UP-TO-DATE AND ACCURATE, IT IS YOUR SOLE RESPONSIBILITY TO CONFIRM THE ACCURACY, COMPLETENESS OR RELIABILITY OF SUCH CONTENT AND INFORMATION. P&N DISTRIBUTION DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OF THE CONTENT OR INFORMATION ON THE SITE OR THE ACCURACY OR RELIABILITY OF SUCH CONTENT OR INFORMATION.
Information Privacy and Security. Except as otherwise provided in these Terms and Conditions, P&N Distribution seeks to protect the privacy of personal information you submit over the Site. The information we obtain through your use on this site, including setting up your account, is subject to P&N Distribution’s Privacy Notice. Please review the Privacy Notice for more information about how P&N Distribution handles personal information, which may be accessed at https://www.pndistribution.com/policies. However, the security of the Internet cannot be guaranteed and therefore P&N Distribution cannot assure your privacy. P&N Distribution is not responsible for any unauthorized access to communications that you submit over the Internet.
Any communication or material you transmit to the Site by electronic mail or otherwise, will be treated in accordance with our Privacy Notice. By transmitting or posting any communications or materials to this site, you agree that P&N Distribution or any of its affiliates may use your communications or materials for any purpose, including reproduction, transmission, publication, broadcast and posting. P&N Distribution and its affiliates are free to use any ideas, concepts or know-how contained in such communications or materials for any purpose whatsoever including, but not limited to developing, manufacturing, distributing, and marketing products using such information.
Links. P&N Distribution may, from time to time, provide links to third-party websites not associated with P&N Distribution. These third-party websites contain information created, published, maintained, or otherwise posted by companies, organizations, or others independent of P&N Distribution. P&N Distribution makes no representations whatsoever about any third-party website to which you may have access through the P&N Distribution website. P&N Distribution has not reviewed and is not responsible for such linked websites or the content of any of the linked websites. When you access such a third-party website, you do so at your own risk and acknowledge that P&N Distribution is not responsible or liable for any content, advertising, products, or other materials available from such websites. You also agree that P&N Distribution shall not be liable for any loss or damage of any sort incurred as a result of your use of any third-party website.
Mention on the P&N Distribution website of any third-party company or website, or to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise, is for informational purposes only and does not constitute an endorsement, recommendation, approval, or certification by P&N Distribution.
User Conduct. You will not make any unauthorized use of this website or any content or features available on this website. You are responsible for all use of your account (including username and password, if any) and shall be solely responsible for maintaining the security of your passwords. You shall not share your account information with any third party, let anyone else access or use your account, or do anything else that might jeopardize the security of your account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the account, you must immediately notify firstname.lastname@example.org and modify your username and password. You agree that all the information and content posted or accessed in restricted password protected areas of the website is confidential to P&N Distribution and will be used only for your personal and internal purposes. You may not engage in any conduct or action that is prohibited by law or violates any country, federal, state, or local laws.
WARRANTY DISCLAIMER. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL PRODUCTS, INFORMATION, CONTENT AND SERVICES MADE AVAILABLE ON OR THROUGH THE SITE, ARE PROVIDED “AS IS.” P&N DISTRIBUTION AND ITS AFFILIATES AND THEIR EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER REGARDING THE CONTENT OR SERVICES OF THE SITE, ANY PRODUCTS, OR HYPERTEXT LINKS TO OTHER OUTSIDE WEBSITES. P&N DISTRIBUTION AND ITS AFFILIATES AND THEIR EMPLOYEES AND AGENTS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, WARRANTIES RELATED TO ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE, AND IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOREOVER, P&N DISTRIBUTION DOES NOT REPRESENT OR WARRANT THAT YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND MATERIAL ACCESSIBLE TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY. P&N DISTRIBUTION AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR PERFORMANCE OF, OR THE INABILITY TO USE, THE SITE, THE PRODUCTS, OR INFORMATION OR FUNCTIONS ON SUCH SITE, EVEN IF P&N DISTRIBUTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL P&N DISTRIBUTION AND ITS AFFILIATES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE OR PURCHASING PRODUCTS.
Indemnification. You agree, at your expense, to indemnify, defend, and hold harmless P&N DISTRIBUTION, its officers, directors, employees, agents, affiliates, distributors, dealers, and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) incurred in connection with or arising from any claim, demand, suit, action, or proceeding arising out of your breach of these Terms and Conditions or in connection with your use of this website or any product, including the Products, or service related thereto.
General. These Terms and Conditions and all information on the Site are governed by and will be construed in accordance with the laws of the State of Texas and of the United States of America, without regard to conflict of law principles. Although users outside of the United States may have access to the Site or Products, the information contained herein is intended only for use by residents of the United States. P&N Distribution specifically reserves all rights to limit provision of our Products to select persons, countries or geographic regions. The venue for any matter relating to or arising from this site will be in the state or federal court of competent jurisdiction in the State of Georgia.
Waiver/Severability. The waiver by either party of a breach or right under these Terms and Conditions will not constitute a waiver of any subsequent breach or right. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and conditions, which will otherwise remain in full force and effect.
Entire Agreement. These Terms and Conditions constitute the entire agreement between you and P&N DISTRIBUTION concerning the use or access of this website.
Reservation of Rights. Any rights not expressly granted herein are reserved.
Contact Us. For further information or to contact us with questions, concerns, or comments, please contact us at email@example.com or (609) 747-1040. Although P&N Distribution will, in most circumstances, be able to receive your email or other information provided through the Site, Century does not guarantee that it will receive all such email or other information timely and accurately. P&N Distribution shall not be legally obligated to read, act on, or respond to any such email or other information.
Use of this site signifies your agreement to these Terms and Condition.