Terms and Conditions
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PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of PROCESS CONTROL SERVICES INC.. The collective work includes works that are licensed to PROCESS CONTROL SERVICES INC.. Copyright 2003, PROCESS CONTROL SERVICES INC. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with PROCESS CONTROL SERVICES INC. or purchasing PROCESS CONTROL SERVICES INC. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with PROCESS CONTROL SERVICES INC. or to purchase PROCESS CONTROL SERVICES INC. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by PROCESS CONTROL SERVICES INC.. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of PROCESS CONTROL SERVICES INC. used in the site are trademarks or registered trademarks of PROCESS CONTROL SERVICES INC.
Warranty Disclaimer
This site and the materials and products on this site are provided with a 1-year warranty. PROCESS CONTROL SERVICES INC. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. PROCESS CONTROL SERVICES INC. does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
PROCESS CONTROL SERVICES INC. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if PROCESS CONTROL SERVICES INC. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a PROCESS CONTROL SERVICES INC. product is mistakenly listed at an incorrect price, PROCESS CONTROL SERVICES INC. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. PROCESS CONTROL SERVICES INC. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, PROCESS CONTROL SERVICES INC. shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by PROCESS CONTROL SERVICES INC. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
PROCESS CONTROL SERVICES INC. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to PROCESS CONTROL SERVICES INC..
Miscellaneous
All conditions stated below shall be part of any understanding relating to service and/or parts by Process Control Services, Inc. (PCS).
1. TERMS: Unless otherwise agreed to by PCS, all services, travel time, and reasonable expenses shall be chargeable to the Customer at current published rates. Payments shall be made in full within thirty (30) days of the invoice date.
2. TAXES: All quoted prices are subject to additions which may be necessary to cover any duty, tax, export/import fees, tarrifs or charges, now existing, or hereafter imposed by Government authorities upon equipment or services quoted by PCS, or upon the production, sale, distribution, delivery, or upon other features related thereto.
3. MINIMUM CHARGE: There shall be a minimum charge of one (1) day, where daily rates apply, otherwise two (2) hours.
4. PRICING: All prices quoted are in U.S. dollars. All service rates offered are firm for thirty (30) days from date of quotation. Thereafter, all pricing is subject to negotiation and escalation, at a rate to be determined by PCS.
5. NORMAL WORK DAY: The normal work day shall be defined as an eight (8) hour day from 8:00 a.m. to 5:00 p.m. excluding Saturdays, Sundays, and holidays observed by PCS.
6. OVERTIME: Service or travel in excess of eight (8) hours per normal work day, and service or travel on Saturdays, Sundays, or National Holidays, shall be invoiced by PCS at current overtime rates.
7. SHIFTWORK: All shift work other than the normal work day will be invoiced at current rates plus twenty percent (20%).
8. EXPENSES: Unless otherwise agreed upon in writing, Customer shall reimburse PCS for all expenses as follows:
A. Automobile travel and expenses shall be reimbursed at published rates.
B. All other travel and living expenses shall be reimbursed at cost.
C. Communication expenses incurred shall be reimbursed at cost.
9. PARTS: Any parts supplied by PCS will be invoiced at the prevailing prices.
10. WORKING CONDITIONS: The PCS representative reserves the right to refuse to work under hazardous conditions. In case of doubt, a mutual agreement must be reached prior to the beginning of any work. The Customer shall provide any safety equipment or protective clothing required by Purchaser regulations. The PCS representative shall comply with all safety regulations where applicable.
11. CHANGES: PCS reserves the right to correct typographical errors. All changes requested by Customer shall be documented in writing for approval and are not binding unless accepted by PCS.
12. LIMITS OF LIABILITY: PCS representatives are authorized to act only in a consulting capacity and are not authorized or licensed to operate equipment. All responsibility for operating equipment shall rest with others. Except as provided in paragraph 13, PCS shall not be liable for loss or damage of any nature.
13. INSURANCE: At the Customer's request, PCS will submit Certificates of Insurance showing the limits of coverage. PCS agrees to indemnify and save harmless Customer only against liability imposed on Customer by law with respect to bodily injury or property damage to the extent such liability results from the performance of PCS under this contract. PCS does not agree to indemnify and save Customer harmless except as stated above. IN NO EVENT, REGARDLESS OF CAUSE, SHALL PCS BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGE, REAL OR ALLEGED.
14. MISCELLANEOUS: The validity, interpretation, and construction of any agreement relating to PCS shall be governed by the laws of the State of Michigan. All agreements and modifications shall not be binding on PCS unless signed by an authorized representative of PCS.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a PROCESS CONTROL SERVICES INC. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
PROCESS CONTROL SERVICES INC. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, PROCESS CONTROL SERVICES INC. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, PROCESS CONTROL SERVICES INC. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to PROCESS CONTROL SERVICES INC. in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless PROCESS CONTROL SERVICES INC., its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, PROCESS CONTROL SERVICES INC. may link to sites operated by third parties. However, even if the third party is affiliated with PROCESS CONTROL SERVICES INC., PROCESS CONTROL SERVICES INC. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of PROCESS CONTROL SERVICES INC.. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, PROCESS CONTROL SERVICES INC. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
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