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Terms and Conditions

WWW.PREMIERENERGY.COM
TERMS AND CONDITIONS OF SALE

Accept and Continue

I.                    INTRODUCTION

Welcome to www.PremierEnergy.com. This site is provided by Premier Energy Services, Inc., also known as PESParts.com (collectively hereinafter referred to as “PESParts.com” or “Seller”) www.PESParts.com), solely for the purpose of providing information about PESParts.com and its affiliated entities and the products they offer.

II.                   ACCEPTANCE OF TERMS AND CONDITIONS OF USE

Except as otherwise set forth herein or agreed to between you (or “Buyer”) and PESParts.com, these terms and conditions of sale (“Terms and Conditions”) govern your use of the PESParts.com website, (the “Site”) and any products purchased from PESParts.com using the Site (the “Products”). By accessing and using the Site, you acknowledge that you have read and unconditionally agree to follow and be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, then you are requested to immediately exit the Site.

III.                REVISIONS TO TERMS AND CONDITIONS

Please refer to these Terms and Conditions regularly. PESParts.com reserves the right, at any time, to modify, amend, alter or update these Terms and Conditions without prior notice by updating this posting. Your continued use of the Site following posting of changes to these Terms and Conditions signifies that you agree to be bound by such modifications, amendments, alterations or updates.

IV.                 USE OF SITE

All materials on the Site, including, without limitation, information, data, specifications, descriptions, images, graphics, trademarks, text, links, illustrations, designs, icons, photographs, HTML code, and written and other materials (collectively the “Content”) included on the Site are the property of PESParts.com, its affiliates or content providers of PESParts.com, and are protected by copyright and trademark law. The Content is intended solely for your own personal, non-commercial use. You may download or copy the Content for your personal use only so long as you keep intact all copyright and proprietary notices. No right, title, or interest in the Content, downloaded materials, or software is transferred to you as a result of any downloading or copying of the Content. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content without the prior written consent of PESParts.com. It is strictly prohibited to modify, transmit, distribute, reuse, reverse engineer, repost, “frame,” or use the Content without written permission from an authorized representative of PESParts.com.

PESParts.com claims no proprietary rights to, or affiliation with, any third party trademarks or logo references 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.

Images of people or places displayed on the Site are either the property of, or used with permission by, PESParts.com. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

PESParts.com may, from time to time, provide links to other outside websites not associated with PESParts.com. PESParts.com has not reviewed and is not responsible for such linked websites or the content of any of the linked websites. PESParts.com provides these links as an additional resource for its Site users and makes no representations regarding the content of any linked website or any companies that own, control, or manage the linked websites. Consequently, PESParts.com cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in, programs used by, or services or products offered by, websites linked to from the Site.

 THE SITE INCLUDES CONTENT AND INFORMATION THAT IS SUBJECT TO CHANGE WITHOUT NOTICE. WHILE PESPARTS.COM 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. PESPARTS.COM 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.

THE SITE, INCLUDING WITHOUT LIMITATION ALL PRODUCTS, INFORMATION, CONTENT, AND SERVICES MADE AVAILABLE ON OR THROUGH THE SITE, IS PROVIDED “AS IS.” PESPARTS.COM 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 HYERTEXT LINKS TO OTHER OUTSIDE WEBSITES. PESPARTS.COM AND ITS AFFILIATES AND THEIR EMPLOYEES AND AGENTS DISCLAIM ANY AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES RELATED TO ANY COURSE OF DEALING, USAGE, OR TRADE PRACTICE AND ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. MOREOVER, PESPARTS.COM 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.

V.                   SITE SECURITY

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) 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,” “mailbombing,” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security will result in the user being denied access to the Site and may result in civil or criminal liability. PESParts.com will use reasonable efforts to investigate occurrences that may involve such violations and will cooperate with law enforcement authorities in prosecuting Site users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You agree not to use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, intelligent agents, or similar devices) to search or navigate the Site other than the search engine and search agents available from PESParts.com on the Site and other than generally available third party web browsers.

Any passwords used for this site are only intended for individual use. You are prohibited from sharing or otherwise providing the right to use your password with any other person. You will be responsible for the security of any password. PESParts.com may, in its sole discretion, monitor the use of any password and may require you to change your password at any time.

VI.                 USER SUBMITTED CONTENT

Except as otherwise provided elsewhere in these Term and Conditions or on the Site, anything that you submit or post to the Site and/or provide PESParts.com, including without limitation, ideas, know-how, techniques, questions, answers, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and PESParts.com and its affiliates shall have the royalty-free, worldwide, perpetual, irrevocable, non-exclusive, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form for any purpose including without limitation, developing, manufacturing, distributing and marketing products using such information, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of PESParts.com and shall not be returned to you.

In addition to the rights applicable to any Submissions, when you post communications, comments, or reviews to the Site, you also grant PESParts.com and its affiliates the right to use the name that you submit with any communication, review, question, answer, or other content, if any, in connection with such review, question, answer, or other content, for any purpose, including without limitation, reproduction, transmission, publication, broadcast, and posting. You represent and warrant that you own or otherwise control all of the rights to the Submissions that you post on the Site and that use of your Submissions by PESParts.com will not infringe upon or violate the rights, including intellectual property rights, of any third party.

 You shall not use a false e-mail address or the email address of any other person or entity, pretend to be someone other than yourself, or otherwise mislead PESParts.com or third parties as to the origin of any Submissions. You agree to post content that is not illegal, obscene, threatening, defamatory, invasive of privacy, otherwise injurious to third parties or objectionable and political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” PESParts.com may, in its sole discretion, but shall not be obligated to, remove or edit any Submissions (including reviews, questions, or answers).

 Although PESParts.com may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, PESParts.com is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. PESParts.com will fully cooperate with any law enforcement authorities or court order requesting or directing PESParts.com to disclose the identity of anyone posting any such information or materials.

VII.              PAYMENT AND ORDER ACCEPTANCE

Prices for all Products are in United States dollars and exclude any and all applicable taxes and shipping and handling charges, unless expressly stated otherwise. To the extent permissible under law, you are responsible for any applicable taxes, whether or not they are listed on your invoice.  Unless otherwise indicated, all invoices are payable at PESParts.com’s designated address upon the earlier of: (i) within (30) days of the date and delivery of the Products, or (ii) from the date of the invoice for such Products. No discount may be taken unless expressly noted on the invoice and  payment is made on or before the  date designated on the invoice. Any check or remittance received from or for the account of the Buyer may be accepted and applied by PESParts.com or its agent against any indebtedness or obligation owing by you as shown by the books and records of PESParts.com or its agent without prejudice and notwithstanding any provision, statement, legend or notation appearing on, referring to or accompanying such remittance, none of which shall be binding upon or effective as against PESParts.com.  Any balance that remains unpaid more than thirty (30) days shall accrue interest at the rate of 1½ % per month until paid in full.

 

 

No order shall be deemed accepted by PESParts.com until such time as PESParts.com shall have initially approved Buyer's credit to PESParts.com's absolute satisfaction. The acceptance of all such orders shall be deemed to have occurred only in Woodstock, Georgia at PESParts.com's places of business. The approval of credit for any one order shall not be deemed the approval of credit for any other order and, in cases of multiple deliveries under a single order, the approval of credit with respect to any delivery shall not be deemed the approval of credit for all deliveries. Following the initial credit approval with respect to any order, Buyer's failure to maintain its credit to PESParts.com's reasonable satisfaction shall, at PESParts.com's election, be deemed a default in Buyer's obligation to PESParts.com.  PESParts.com or its agent may, at any time and from time to time, in its sole discretion, limit or cancel the credit of the Buyer as to time and amount, and as a consequence, may require anticipation or demand payment in cash before delivery or any/or unfilled portion of any order. Upon failure of Buyer to make such payment within ten (10) days after demand, or in the event of any default, breach or repudiation by Buyer of any contract with PESParts.com, or if Buyer shall become insolvent, call a meeting of its creditors, or make an assignment for the benefit of its creditors, or if a bankruptcy, insolvency, reorganization or arrangement proceeding shall be commenced by or against Buyer, PESParts.com may cancel any order or contract with Buyer (in which event Buyer shall remain liable for damages), defer any deliveries hereunder, declare forthwith due and payable all outstanding invoices owed to PESParts.com, sell all or any part of the undelivered Products, without notice, at public or private sale, the Buyer to be responsible for the costs and expenses of such sale and deficiency and for damages as hereinafter defined, PESParts.com to account to the Buyer for any expense. PESParts.com shall have the right to become the Buyer of such Products at any public or private sale. All of the foregoing shall be due and payable to PESParts.com upon demand or invoice.

 

 

Any property of Buyer, including but not limited to Products billed and held at any time in PESParts.com's possession (or in the possession of any affiliate of PESParts.com) either as principal or agent, shall be deemed held as security for, and may at PESParts.com's option be set-off against, any and all of Buyer's obligations to PESParts.com or any affiliate of PESParts.com. In such event, PESParts.com is hereby irrevocably authorized to file a UCC-1 Financing Statement and affix Buyer's signature thereon, in all appropriate filing office

Buyer shall be liable for all costs and expenses incurred by PESParts.com including attorney's fees arising out of any default by Buyer in payment or in any of the other terms and conditions of any order or contract between PESParts.com and Buyer.

PESParts.com reserves the right, in its sole discretion, to refuse or cancel any order for any reason. Further, to the extent that Buyer is in default with respect to any of its obligations to PESParts.com, PESParts.com reserves the right to either suspend or terminate your access to the Site and/or the unpaid-for Products. PESParts.com will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.

VIII.             DELIVERY.

 

PESParts.com agrees to deliver the Products sold to a carrier for transportation to Buyer and to arrange for transportation thereof to the destination specified by Buyer at the time of order. Delivery shall be by carrier of PESParts.com's choice. Buyer assumes title and all risk of loss from the time the Products are deposited with the carrier. The Products shall be delivered F.O.B. PESParts.com's warehouse. All freight, express and delivery charges shall be paid as a separate item by the Buyer and shall not be subject to any discount. Shipments will be deemed to have been accepted by Buyer upon delivery, unless rejected by Buyer. Buyer shall perform all reasonable inspections within seven (7) days of delivery, at which time Products shall be deemed as irrevocably accepted.

 

Delivery to a carrier shall constitute a delivery, subject, however, to PESParts.com's right of stoppage in transit. The carrier shall act solely as Buyer's agent, and all claims for damages or delays in transit shall be against carrier and must be filed by Buyer against carrier. The PESParts.com may, at its option, make delivery from some point other than PESParts.com's warehouse in which case PESParts.com may add to the price of delivery a reasonable charge for transportation from its warehouse to the point from which delivery is made. In such event, the total transportation to be paid by the Buyer for delivery shall not exceed the established rate from the warehouse in to the destination specified by Buyer. PESParts.com’s delivery dates are estimates only and PESParts.com shall not be liable to Buyer for delivery delays or failure to perform hereunder for reasons beyond PESParts.com’s control.

 

If strike, embargo or other cause beyond PESParts.com's reasonable control prevents delivery to Buyer or delivery to a carrier, title to the Products nevertheless passes to the Buyer as soon as the Products have been completed and set aside by PESParts.com and invoiced to Buyer. In such event, payment shall be made in accordance with the invoice as thought the Products had been shipped. In the case of such delay in delivery to the carrier, such delivery shall be made as soon as practicable. Buyer shall have no right to cancel any order for late delivery occasioned under this Paragraph II(C) so long as PESParts.com shall have completed and set aside the Products, or delivered the Products to the carrier, as the case may be, on or before the delivery cutoff date.

 

If shipping instructions are not actually received by PESParts.com before the earliest permitted delivery date for the Products, or in the instance of Products held subject to Buyer's instructions, title passes to the Buyer when the Products have been set aside and invoiced and Buyer agrees to make payment therefor as specified in the invoice. If the order provides that Buyer is to furnish exact shipping dates and/or destinations but Buyer fails to furnish same at least thirty (30) days in advance of the earliest permitted delivery date, PESParts.com, at its option on or after the earliest permitted delivery date, may (i) invoice the Buyer and hold the Products for Buyer's account; (ii) cancel the order and any other contract with buyer and sell all or any part of the undelivered Products in a commercially reasonable manner, the Buyer to be responsible for the costs and expenses of such delay, any resulting deficiency and any damages as hereinafter defined or (iii) PESParts.com shall have a reasonable time to make delivery after details are furnished even if such delivery extends beyond any cutoff date for delivery as specified in the order. The election of any of the foregoing shall not preclude the selection of any other remedy available to PESParts.com hereunder or under applicable law.

 

PESParts.com's obligation to deliver hereunder shall at all times be subject to PESParts.com's continuous approval of Buyer's credit.

 

The delivery of Products which do not vary more than ten percent (10%) greater or less than the quantity of Products ordered, the delivery of substitute sizes or the delivery of substitute designs of equal or greater value shall constitute compliance under any order. Partial deliveries shall be accepted by the Buyer and paid for at contract prices and terms. If the sale of the Products shown on any order is by PESParts.com's sample, delivery of Products of quality substantially equal to, or greater than, such sample shall constitute full compliance by PESParts.com.

 

Any defect in quality or delays in delivery shall affect only the particular portion of delivery so defective or so delayed and shall not affect the balance of this contract. Any delivery not in dispute shall be paid for on the due date, as provided in the invoice, without defense, setoff or counter-claim and regardless of controversies relating to other Products.

 

Where the Buyer has declared or manifested an intention that it will not accept delivery in accordance with the provisions of this contract, no tender by PESParts.com shall be necessary, but PESParts.com may, at its option, give notice in writing to the Buyer that the PESParts.com is ready and willing to deliver in accordance with the provisions of the contract, and such notice shall constitute a valid tender of delivery.


EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL IMPLIED WARRANTIES AND CONDITIONS (WHETHER STATUTORY OR OTHERWISE) ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. IN PARTICULAR, PESPARTS.COM MAKES NO WARRANTY RESPECTING THE MERCHANTABILITY OF THE PRODUCTS OR THEIR SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND WARRANTIES AGAINST LATENT DEFECTS.

                                                                                         

IX.                CASUALTY AND AVAILABILITY OF RAW MATERIALS.

PESParts.com shall not be liable for any delay in the delivery of all or any part of Products ordered and shall not be held responsible for any losses, resulting to Buyer if the fulfillment of any of the terms and conditions herein or the terms or conditions of any order shall be delayed or prevented by revolutions or other disorders, war, acts of enemies, strikes, lockouts, fires, floods, act of God, other casualties, Government regulations, delay or inability to obtain labor, materials or Products through PESParts.com's usual and regular sources of supply accident or any other condition beyond the reasonable control of PESParts.com.

In such event, PESParts.com may, at its discretion, without notice to Buyer, at any time and from time to time, postpone with permission of the Buyer the delivery dates under any order from a time which is reasonable to PESParts.com under all of the circumstances or make partial delivery. Otherwise, PESParts.com may cancel all or any portion of any order whereupon PESParts.com shall have no further obligation or liability thereunder to Buyer.

 

 

X.                  CANCELLATIONS OF CONTRACT.

In case of reasonably unforeseen circumstances which materially alter the economic aspects or the substance of any contract or seriously interfere with the operation of PESParts.com or any of PESParts.com's suppliers or if it should otherwise prove substantially impossible for PESParts.com to carry out its part of any contract, the PESParts.com shall have the right to cancel any such contract or order in whole or in part in which case PESParts.com shall have no responsibility or liability whatsoever to Buyer.

 

XI.                CLAIMS BY BUYER.

All claims of Buyer for defects, whether patent or latent, shall be barred and waived unless Buyer gives written notice of such defects to PESParts.com within 30 days from the date of receipt of the Products by Buyer or Buyer's agent. In said notice, Buyer must clearly specify the ground and nature of the defects and the quantity of the Products affected by each such defect. Upon receipt of said notice, PESParts.com may issue its return authorization sticker for all or such portion of the Products claimed to be defective as PESParts.com may deem necessary or appropriate to evaluate Buyer's claim. No other returns will be accepted unless further authorization is issued by PESParts.com. If PESParts.com determines that such defects exist, and such defects have not been disclaimed under Paragraph II of PESParts.com's Terms and Conditions of Sale, PESParts.com, in its absolute discretion may (i) replace the defective Products within a reasonable period of time; (ii) authorize the return of such defective Products for credit equal to the original purchase price; or (iii) deny the claim and return to the Buyer the Products sent to PESParts.com for testing and inspection. In no event shall PESParts.com's liability for defective Products exceed the purchase price charges by the PESParts.com for the defective Products together with freight to and from PESParts.com's warehouse, notwithstanding any denial of liability for such defective Products made by PESParts.com.

 

 

XII.              LIMITATIONS OF PESPARTS.COM'S LIABLITY.

BUYER HEREBY ACKNOWLEDGES AND AGREES THAT WITH RESPECT TO THE PURCHASE OF PRODUCTS FROM PESPARTS.COM, PESPARTS.COM'S SOLE AND EXCLUSIVE LIABILITY WITH RESPECT TO ANY DEFAULT BY PESPARTS.COM SHALL NOT EXCEED THE LESSER OF (i) PESPARTS.COM'S ACTUAL AND DIRECT DAMAGES OR (ii) THE PRICE AT WHICH SUCH PRODUCTS WERE SOLD BY PESPARTS.COM TO BUYER TOGETHER WITH THE ACTUAL COST OF FREIGHT FROM PESPARTS.COM'S WAREHOUSE TO THE PLACE OF DELIVERY ORIGINALLY SPECIFIED IN SUCH CONTRACT. IN NO INSTANCE SHALL BUYER BE ENTITLED TO CLAIM CONSEQUENTIAL DAMAGES, PROSPECTIVE PROFITS, OR SPECIAL OR INDIRECT DAMAGES. NOR SHALL PESPARTS.COM BE LIABLE IN ANY INSTANCE FOR LOST PROFITS OR SPECIAL OR INDIRECT DAMAGES OR PROFITS ON CONTEMPLATED USE OF SUCH PRODUCTS BY BUYER. IN NO EVENT SHALL PESPARTS.COM BE LIABLE FOR ANY DAMAGES BY REASON OF BUYER'S INABILITY TO OBTAIN SUBSTITUTE PRODUCTS IN THE OPEN MARKET. THIS LIMITATION ON DAMAGES AGAINST PESPARTS.COM SHALL APPLY TO ANY DEFAULT OR BREACH BY PESPARTS.COM INCLUDING THE BREACH OF ANY WARRANTY OR ANY TORT COMMITTED BY PESPARTS.COM. BUYER HEREBY EXPRESSLY WAIVES ANY CLAIM FOR PUNITIVE DAMAGES.

 

XIII.             TERMS AND CONDITIONS DISCLAIMER

Although these Terms and Conditions have been prepared with the intent to provide reliable information, no warranty (express or implied) is made as to their accuracy or completeness and no liability is assumed by PESParts.com for loss or damage resulting from reliance on these Terms and Conditions. PESParts.com reserves the right to change these Terms and Conditions at any time without notice.

XIV.            EXTERNAL SITES
This site may contain links to other sites that are owned and operated by third party vendors and others. You acknowledge that PESParts.com is not responsible for the availability, content, text, graphics, information, or any actions or damages from any external site. You must contact the site administrator for those sites if you have any concerns regarding those links.

 

XV.              TERMINATION OF ACCESS

In addition to any other legal or equitable remedies for misuse, PESParts.com may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and PESParts.com shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.


 

 

XVI.             ENTIRE AGREEMENT

These Terms and Conditions embody the entire agreement and understanding between the parties and supersedes all prior agreements and understandings relating to the subject matter hereof.

XVII.           SEVERABILITY

If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.

XVIII.         SURVIVAL

Any provision of these Terms and Conditions that, by its nature, is applicable to circumstances arising after the termination of these Terms and Conditions will survive such termination and remain in full force and effect, and no termination of these Terms and Conditions will relieve either party from any liability arising out of any breach of these Terms and Conditions occurring prior to said termination.

XIX.             INDEMNIFICATION

You agree to defend, indemnify, and hold harmless PESParts.com and its affiliates from and against any and all claims, damages, costs, and expenses, including without limitation, attorneys’ fees, arising from or related to your use of the Site or the Products.

XX.               REMEDIES

If you default in any obligation to PESParts.com, including any obligation to make payment, PESParts.com may, at its option and in addition to any other remedy which may be available to PESParts.com, elect to do any one or more of the following: (i) treat any such default as a default of all obligation of Buyer to PESParts.com; (ii) defer delivery until such default is cured; (iii) cancel any undelivered portion of any order for Products; (iv) demand full and immediate payment on any outstanding invoice, whether or not otherwise due; or (v) exercise any remedy available to a PESParts.com under the Uniform Commercial Code in effect in the State of Georgia and other Georgia law, If PESParts.com defers delivery because of Buyer's default, Buyer agrees to accept and pay for such Products notwithstanding the expiration or any delivery cutoff date. In the event PESParts.com elects to resell any Products ordered, but no delivered to or accepted by, Buyer, and if any of the Products or containers thereof shall be covered by any patent or copyright or have been stamped or label with Buyer's label, design, trademark or trade name, PESParts.com shall have the right to resell such Products and containers with any stamp or label affixed and Buyer hereby granted to PESParts.com, its successors and assigns, an irrevocable license for such purpose

XXI.             APPLICABLE LAW/JURISDICATION

By visiting the Site, you agree that the laws of the State of Georgia, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and PESParts.com. In the event of any dispute between PESParts.com and Buyer arising out of or related to this agreement or any order or contract between Buyer and PESParts.com, such dispute shall be adjudicated between the parties solely in a court of competent jurisdiction in the State of Georgia in or serving the County of Cherokee and the further consent that any process, summons or notice or any other application to such Courts may be served by personal service by certified U.S. Mail, postage prepaid, return receipt requested, either in or outside the State of Georgia. Buyer hereby waives trial by jury.

XXII.           PRIVACY
Please review the PESParts.com Privacy Policy for information on the privacy practices of the Site.

 

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Premier Energy Inc. is a leading provider of steam technology and services. Our Company focuses on the steam and utility needs of oil and gas, food service, steel, automotive, and independent power producers.

Premier Energy
127 East Main Street, 2nd Floor
Woodstock, Georgia 30188 USA

Telephone: 770-592-1398
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INTERNATIONAL CONTACT
1-770-592-1398
Contact us through our Worldwide Contact Centre
Email: info@premierenergy.com


   
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PREMIER ENERGY
127 East Main Street, 2nd Floor
Woodstock, Georgia 30188 USA

T: 770.592.1398 | info@premierenergy.com