1. “Normal business hours” means 9am to 5pm Monday through Friday except on public holidays. TPS ONLY performs PMA operations between MARCH 1 – NOVEMBER 30 annually. “The applicable hourly rate” means the hourly rate being charged for such services by TPS at that time. SPECIAL SERVICE HOURS AND RATES APPLY FOR EMERGENCY CALLS.
2. Subject to the conditions hereinafter contained, TPS will in respect of the equipment mentioned in the Schedule attached hereto (hereinafter called the equipment) and at the place therein mentioned:
(a) Carry out two (2) annual preventative visits or as often as the Contractor sees it fit to test, clean, adjust and replace worn parts and expendable items, and
(b) Correct and repair faults which have been caused by normal wear and tear.
3. In consideration of the said services to be performed by TPS, the Customer undertakes to pay TPS the total invoiced amount.
4. TPS shall carry out all examinations and work required hereunder during normal business hours. If TPS, at the customer’s request or in an emergency shall carry out any examination or work outside normal business hours TPS shall be entitled to make an extra charge calculated at the applicable hourly rate.
5. The Customer shall reimburse TPS all reasonable travel expenses properly incurred by TPS in the execution of this agreement and shall PROMPTLY pay within 5 (five) days of an invoice setting out such expenses and the period to which it relates having been sent to the Customer.
6. The aforementioned charges do not include the supply and replacement of any worn parts and/or expendable items, which TPS may from time to time deem necessary to replace. The Customer at the current market value of such parts and items shall pay for all such parts and items replaced by TPS.
7. The services being provided by TPS hereunder shall not include any labor provided and/or parts which are necessary to repair damage to the equipment caused by accident, abuse, act of God, acts of third parties, electric power fluctuations or reconditioning or altering or modification of the setup of the equipment which may be requested by the Customer.
8. The Customer shall ensure that the equipment is used in accordance with it’s operating instructions, and shall make the equipment available to TPS at all reasonable times for the purpose of enabling TPS to perform its obligations under this agreement.
9. TPS shall obtain consent from the Customer for the removal of any equipment from premises.
11. TPS shall not be liable for any consequential damage arising from the level of performance and/or the non-performance of the equipment nor shall TPS be liable for any loss, damage, injury or delay due to any cause beyond its control including acts of Government, strikes, lockouts, fire, lightning, aircraft explosions, flooding , riots, civil commotions, acts of war, malicious mischief or theft, provided however, that if such services to be rendered hereunder in respect of the equipment shall be interrupted to a serious degree by any such cause the Customer shall be entitle to a proportionate refund for the period of such interruption.
12. The Customer shall not assign the benefit or the burden of this agreement to any other person or firm without the written consent of TPS.
13. (a) If any charge or part thereof shall be unpaid for 5 (five) days after the agreed date the same shall be become due. TPS may (without prejudice to its right to recover the same) give notice to the customer by registered mail requiring the Customer to pay such charges or part thereof within 7 (seven) days after receipt of such notice and if the Customer shall fail to comply with such notice TPS may forthwith terminate this agreement. (b) If the Customer shall unreasonably refuse permission for the removal of the equipment by TPS from the premises mentioned in the Schedule attached hereto TPS may terminate this agreement forthwith by notice in writing sent to the Customer at its last known address.
14. This agreement shall commence on the date hereinbefore stated and shall continue for one (1) year and thereafter from year to year provided that the customer pays at the end of each year of this agreement the amounts listed on the customer’s invoice. Prices are subject to change.
15. Subject as hereinbefore provided this agreement may also be terminated by either party hereto giving 30 (thirty) days written notice to the other party of such termination to expire at the end of the year of this agreement in which such notice is given.
16. If this agreement is cancelled before the expiration of the initial term or any extension thereto TPS will refund the Maintenance premium for any unused whole quarter.
This Site is available only to residents of the United States who are over the age of 18 and can form legally binding agreements. The products available on the Site are available only in the United States. You should only access the Site from within the United States or its territories. If you access the Site from outside the United States, you do so at your own risk and you are responsible for complying with the laws and regulations of your territory of access.
SITE CONTENTS, OWNERSHIP, AND USE RESTRICTIONS
The information contained in this Site including all images, illustrations, designs, photographs, video clips, functionality, source code, object code, writings and other materials that appear herein are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed (all of which, collectively, are herein referred to as the "Contents") by Trusted Power Systems or its subsidiaries and affiliates ("Trusted Power Systems") or are the property of their respective owners. The name Trusted Power Systems and the Trusted Power Systems logo are registered marks of Trusted Power Systems.
Permission is granted to display, copy, distribute, download, and print in hard copy portions of this Site for the purposes of:
(1) placing an order with Trusted Power Systems; or
(2) using this Site as a shopping resource, provided you do not modify the Site and that you retain, without modification, all copyright and other proprietary notices contained in the Contents.
Except in connection with shopping or placing an order, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, performed, modified, posted electronically or mechanically, transmitted, recorded, or in any manner mirrored without the prior written permission of Trusted Power Systems or the applicable copyright owner.
Please note that the permission granted herein terminates automatically if you breach any of these Site terms or conditions. Any other use of the Contents on this Site other than as noted above may violate copyright or trademark laws, and, without the prior written permission of Trusted Power Systems, is strictly prohibited.
DISCLAIMER OF WARRANTY
TRUSTED POWER SYSTEMS IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALTHOUGH TRUSTED POWER SYSTEMS BELIEVES THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, TRUSTED POWER SYSTEMS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THIS SITE IS ACCURATE, COMPLETE, OR CURRENT. Price and availability information is subject to change without notice.
It is your responsibility that any products purchased from this Site will meet all applicable laws, rules, regulations, ordinances, covenants, restrictions, and the like (collectively “Regulations”) for the application you intend to use such. It is further your responsibility that any products purchased from this Site will be installed to meet all applicable Regulations. Trusted Power Systems has no responsibility, obligation or liability to ensure that the products sold from this Site will be compatible for their intended use, their intended use will comply with all applicable Regulations and that it will be installed in accordance with all applicable Regulations.
DISCLAIMER OF LIABILITY
IN NO EVENT SHALL TRUSTED POWER SYSTEMS BE LIABLE FOR SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, EVEN IF TRUSTED POWER SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In an effort to provide our customers with the most current information, Trusted Power Systems will, from time to time, make changes in the Contents and in the products or services described on this Site.
You agree to indemnify and hold Trusted Power Systems (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, including reasonable attorneys' fees, costs, expenses or damages relating to defending such claims, arising out of or related to a breach of your representations and warranties set forth herein, or your violation of any law or the rights of a third party.
ABOUT OUR PRICES
Prices and the availability of items are subject to change without notice. Any "list prices" used on this Site are provided by product manufacturers, distributors or determined based upon comparable products and are subject to change. Your purchase price may vary.
We reserve the right to limit sales, including the right to prohibit sales to re-sellers. While we make every effort to provide accurate information, inaccuracies or errors may occur. We are not responsible for such errors and are under no obligation to sell products or services subject to such a pricing error. We reserve the right to make changes, corrections, and/or improvements to the information contained on this Site and to the products and programs described in such information, at any time without notice.
There may be certain orders that we are either unable to accept or must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason, including those made to resellers. Possible circumstances involving our canceling an order may be limitations on quantities available for purchase or inaccuracies or errors in product or pricing information, but are in no way limited to these.
USER COMMENTS, FEEDBACK, AND OTHER INFORMATION AND SUBMISSIONS PROVIDED BY YOU
You agree that any material, information, and ideas that you transmit to this Site or otherwise provide to Trusted Power Systems ("Transmissions") shall be and remain Trusted Power Systems' property. By submitting any Transmissions to Trusted Power Systems, you represent and warrant that:
you are the sole author and owner of the Transmission and any intellectual property rights thereto;
all "moral rights" that you may have in such Transmission have been voluntarily waived by you;
all Transmissions that you post are accurate;
you are at least 13 years old; and
You further agree and warrant that you shall not submit any Transmission:
that is known by you to be false, inaccurate or misleading;
that infringes any third party's intellectual property rights or rights of publicity or privacy;
that violates any law, statute, ordinance or regulation;
that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
for which you were compensated or granted any consideration by any third party;
that includes any information that references other websites, addresses, email addresses, contact information or phone numbers; or
that contains any computer viruses, worms or other potentially damaging computer programs or files.
For any Transmission, you grant Trusted Power Systems a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, display, perform, delete in its entirety, adapt, publish, translate, create derivative works from, sell and/or distribute such content, and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
By submitting your email address in connection with your Transmission, you agree that Trusted Power Systems and its third party service providers may use your email address to contact you about the status of your Transmission and other administrative purposes.
NOTICE AND TAKE DOWN PROCEDURES
If you believe any materials ("Materials") on the Site infringe your copyright or trademark rights, you may request such Materials be removed by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact firstname.lastname@example.org or Trusted Power Systems (address below) and provide the following information:
A clear statement identifying the works, or other materials believed to be infringed.
A statement from the intellectual property owner ("Owner") or authorized representative that the Materials are believed to be infringing and not authorized by the Owner.
Sufficient information about the location of the allegedly infringing Materials so that Trusted Power Systems can find and verify its existence.
Your name, telephone number and e-mail address.
A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the Owner's behalf.
A signature or the electronic equivalent from the Owner or authorized representative.
Trusted Power Systems shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, or marketing products incorporating such information without consideration to you. You further agree that Trusted Power Systems may use information about your demographics and use of this Site in any manner that does not reveal your identity.
In using this Site you agree to the following:
(a) you will not use any device, software, or other instrumentality to disrupt, damage or interfere with or attempt to disrupt, damage or interfere with the proper functioning of this Site;
(b) you will not to violate or attempt to violate the security of this Site, including, without limitation, (i) logging onto an account that you are not authorized to access; (ii) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing"; or (iii) attempt to transmit any "virus", "Trojan horse" or other software destruction or disruption device; and
(c) you will not intentionally or unintentionally violate any applicable international, federal, state or local law, including but not limited to any regulations applicable to your use of this Site.
ONGOING ALERT PROGRAMS
By subscribing to a Trusted Power Systems mobile alert program that is ongoing in nature by texting ________________ or another general keyword to _____________, you consent to receiving, from time to time, text messages from Trusted Power Systems, up to a maximum of __per month. By subscribing to the Program, you may receive Trusted Power Systems alerts, polls, advertisements, coupons, promotions, and/or information regarding giveaways, sweepstakes, and contests.
PROGRAM DETAILS AND RESTRICTIONS
To unsubscribe at any time, reply 'STOP' to any of our messages, text 'STOP' to ____________, or contact us at ________________. If you have any questions, reply 'HELP' to any of our messages, text 'HELP' to ________________, or contact us at ______________.
You must be 18 years of age or older (or have permission from a parent or legal guardian) and have an SMS/text messaging-enabled cell phone to participate in the Program.
The Program is available on these U.S. carriers only: AT&T, Verizon, Sprint, T-Mobile, Nextel, Boost, US Cellular, and Alltel. You understand and acknowledge that you may not sign up for, access, or attempt to access or use the Program from countries outside the U.S. Trusted Power Systems controls and operates the Program from within the United States. Claims relating to, including the use of, the Program are governed by the laws of the United States and the State of Illinois. If you do not agree, please do not use the Program.
ABOUT OUR TEXT OFFERS
Unless otherwise noted, the following terms and conditions apply. Unless otherwise noted, the prices and offers advertised through the Program are valid only at _____________, To redeem, visit ____________ and enter the ___-digit cc; savings will appear at checkout. Coupon is good for one-time use only, is not transferable, is not for resale or auction and cannot be combined with other offers or promotions. We reserve the right to limit quantities sold to each customer. Limit 1 coupon per household. Void where prohibited.
This statement describes our privacy practices for the websites where it is posted. This includes mobile websites, text programs and applications. It also applies to information we may otherwise collect in other places offline.
We collect information from you in many ways
We collect information directly from you. For example, if you register for a promotion or apply for a job. We might collect information if you post a comment on one of our websites or request information. We also collect information when you buy something.
We collect information from you passively. We use tracking tools like browser cookies and web beacons. We or our vendors use several common tracking tools. These may include browser cookies. We may also use web beacons and similar technologies. We use these tools to track our consumers and website visitors. We also use them for other business purposes, including:
•To track new visitors to our sites.
•To recognize past customers.
•To serve you with advertising content in which we think you will be interested. As part of this customization, we may observe your behaviors on this website or on other websites. We may also get information about your browsing history from our trusted business partners.
•So we can better understand our audience, our customers, our website visitors, and their respective interests.
You can control tracking tools. Your browser may give you the ability to control cookies. How you do so depends on the type of cookie. Certain browsers can be set to reject browser cookies. Some of our vendors may have their own tools to control the tracking activities they engage in on our behalf.
NOTE: If you set your computer to block cookies, you may not be able to use certain features on our sites.
Our ads on other websites may be served based on tracking. We may also work with online advertising companies to provide you with advertising that is as relevant and useful as possible. We may provide this advertising on our website and other third party sites that you visit. These ads may be based on information you submit on our websites or third party sites. They may also be based on your activities or behaviors on our websites or on third party sites. The information gathered may be used to serve you with advertisements on our websites or on third party websites. This includes mobile websites or applications.
You can opt-out of online behavioral advertising. We sometimes work with vendors to provide you with online ads. What ads you see may be based on your activities on our website or third party sites. To opt out of having your online behavior tracked for advertising purposes click here (opt out link)
We may also use technologies such as our own cookies to provide you with enhanced online display advertising tailored to your interests. To opt out of advertising provided by us, click here.
We get information about you from third parties. For example, social media platforms may give us information about you. We may combine the information we collect from you with the information we get from third parties.
We collect various information about you
We may collect your name, email address, postal address, phone number, or cell phone number, for example. We may ask you for information to learn more about you, like your age or products you like.
We use information as disclosed and described here
To respond to your requests or questions. For example, we might use your information to register you for promotions.
To improve our products and services. We might use your information to customize your experience with us.
To look at site trends and customer interests. We may use your information to make website or product improvements. We may also combine information we get from you with information we have gotten from third parties.
For security purposes. We may use information to protect our company, our customers, or our websites.
To promote us and our various websites. Unless we tell you otherwise, we might notify you about special promotions or offers. We might tell you about new website features or products. To manage this, opt out by clicking here.
To communicate with you about your account or our relationship: We may contact you to tell you about changes to this Policy or our website Terms. We may also tell you about issues with your orders.
We may share information with third parties
Your information may be shared when legally permitted, including
Within our company (including our affiliated companies).
With third parties who perform services on our behalf. For example, we share information with vendors, or will authorize them to collect information on our behalf. Some vendors may be located outside of the United States.
If we think we have to in order to comply with the law. For example, we will share information to respond to a court order or subpoena. We may also share it if a government agency or investigatory body requests. We may also share information to protect us, our sites, or our users. We might share information with other companies for fraud and credit risk reduction.
With any successor to all or part of our business. For example, if part of our business was sold we may sell our customer list as part of that transaction.
Our websites may link to third party sites or services we don't control
We use standard security measures to protect your informationThe Internet is not 100% secure. We thus cannot promise that your information will be completely safe. Please use caution when using the Internet or providing personal information to others.
Our digital platforms and programs are not intended for kidsOur websites are not intended for children under 13. We take steps on these sites to avoid collecting information online from children under 13. In some cases, children may give us information without us knowing about it. If you are a parent or legal guardian and believe that your child under 13 has provided us with personally identifiable information, please email us at email@example.com or call us at 312.462.3299. If you want to write, use the address listed below. Please mark your inquiries to the attention of "COPPA - Information Request" and include your email and phone number.
Your choices about our marketing and tracking tools.
You can opt out of marketing emails and texts. To stop receiving our promotional emails, please email us at firstname.lastname@example.org or call us at 312.462.3299. Please indicate whether you wish to continue to receive Trusted Power Systems' catalogs and other postal mailings. If you have an account on our website, you can manage your preferences here (link to account icon).
You can control if we share information with third parties for their marketing purposes. To opt out of having us share your information with third parties for their promotional purposes, please email us at email@example.com or call us at 312.462.3299. If you accept an offer from one of them after you opt out, we will share your information with that specific party.
You have other controls you can exercise. You can choose whether or not to share personal information. If you choose not to share, some features and services may be more difficult or impossible to use. If you turn off cookies or tracking tools, parts of our site and services may also not work properly.
You can control cookies and tracking tools.
Merchandise purchased from the Trusted Power Systems Internet site (referred to collectively with all other websites operated by Trusted Power Systems, LLC and/or one of its affiliates or subsidiaries as the "Site") may be shipped directly from the manufacturer. The shipping policy of the applicable manufacturer will apply to such shipment. Please refer to their shipping policy for more information related to such. Trusted Power Systems is not responsible for any third party’s shipping policy or its compliance or failure to comply therewith.
Accessories often ship separately from different manufacturers in different locations so we charge flat shipping rates with these items.
CARB Compliant Power Equipment: Some engine-powered products CANNOT be shipped to California because they do not meet the emission standards of the California Air Resources Board (CARB). We deal with these on a case-by-case basis.
Alaska & Hawaii:
We ship to Alaska and Hawaii. Due to the significant shipping costs, we do not offer "Free Shipping" to these areas.
We do NOT ship internationally.
Curb Side Delivery:
All products over 100lbs. ship via Freight. We highly suggest using "Lift Gate Service" in efforts to make residential delivery easier. You are responsible for getting the products from the curb to your garage. The trucking company is not obligated to assist.
Orders Over $50 require a signature on delivery.
Changes to the delivery address requested after the product ships will incur a $250.00 reconsignment fee.
Once merchandise has shipped and then refused or cancelled you may be charged all shipping charges, and a 20% restocking fee (this covers the outbound freight, return freight, cost to receive and inspect all returned items).
Trusted Power Systems may revise its shipping policy by updating this posting. You agree that in the event any portion of this shipping policy is found to be unenforceable, the remainder of this shipping policy shall remain in full force and effect. By using this Site you agree to be bound by any such revisions and should therefore periodically visit this page to determine the current shipping policy to which you are bound.
DO NOT RETURN ANY MERCHANDISE TO TRUSTED POWER SYSTEMS. ALL MERCHANDISE GOES DIRECTLY TO MANUFACTURER AND MUST HAVE A RETURN AUTHORIZATION. RETURNS ARE HANDLED ON A CASE BY CASE BASIS.
Merchandise purchased from the Trusted Power Systems Internet site (referred to collectively with all other websites and mobile text programs operated by Trusted Power Systems, LLC and/or one of its affiliates or subsidiaries as the "Site") are shipped directly from the manufacturer and may only be returned with consent from the manufacturer. Please contact the manufacturer to receive consent to return the merchandise. Under no circumstances is any merchandise to be returned to Trusted Power Systems – we will not accept any returns. If approved by the manufacturer, you may be responsible for round trip shipping costs, as some products include free shipping, but the cost of shipping may be included in the retail price. You may also be responsible for a restocking fee of up to 25%. Please contact the manufacturer for information related to this return.
Cancelled Orders An order that has shipped may not be cancelled. If you refuse an order that has already been shipped, you will be responsible for both the outbound and return shipping costs to the manufacturer. Please do not open the packaging, as you may be responsible for a restocking fee from the manufacturer as indicated above.
Built-to-Order Items There are no returns allowed for merchandise that has been specially built. These items cannot be returned.
Installed Items Once merchandise has been installed it cannot be returned. Any damage due to improper installation is the responsibility of you or your installer. A warranty claim may be made, but it is the discretion of the manufacturer if they will cover any costs associated with an incorrect installation. We are not responsible for such and disclaim all responsibility and liability for any incorrect installation.
Damaged Products You must inspect the merchandise before you sign the delivery receipt from the carrier. If you sign the delivery receipt without inspecting the merchandise you will be responsible for filing a freight claim and arranging for a repair or return of the damaged merchandise back to the manufacturer. Concealed damage claims must be reported immediately to the manufacturer. Please do not contact Trusted Power Systems.
Suspect Damage. On occasion, the outer carton may look damaged, but the product inside the box is perfectly fine. If you suspect concealed damage, note "Possible Freight Damage" on the delivery receipt while the driver is present. Therefore, if you discover later that the merchandise is in fact damaged this will make a claim easier.
Obvious Damage. Do not sign for damaged products. If your merchandise arrives damaged, please immediately contact the manufacturer, not us.
Defective Products We encourage you to test the merchandise within 15 days of receipt so we may remedy any mechanical problems. If you think the merchandise is defective, don't worry. In most cases, it's a simple issue that may be resolved over the phone. You are also welcome to contact the manufacturer's customer service departments. They have expert technicians available to help solve your issue. Please have your model number and serial number available.
Returns and Damages:
"As-Is Not Returnable" Items: All As-Is Not Returnable orders are final sales.
Trusted Power Systems may revise its return policy by updating this posting. You agree that in the event any portion of this return policy is found to be unenforceable, the remainder of this return policy shall remain in full force and effect. By using this Site you agree to be bound by any such revisions and should therefore periodically visit this page to determine the current return policy to which you are bound.