Last updated: March 30, 2023
Please read these terms and conditions carefully before using Our Service.
Packaging Equipment and Sales (“PES”) provides www.packaging-equipment-sales.com (the “Website”). By using or accessing the Website, You agree, on behalf of Yourself and the entity You represent (collectively, “You”) and others who use or access the Website, to the following terms and conditions. Carefully review this Conditions of Use policy, along with PES’ Privacy Notice and Cookies Policy which provide additional terms, conditions and details related to Your use of and access to the Website.
Consent. When You use PES Services, or send e-mails, text messages, and other communications from Your device to us, You may be communicating with us electronically and consent to receive communications from us electronically, including via e-mail, text, and notices or messages on the Website. You agree that all agreements, notices, disclosures, and other communications that PES provides to You electronically satisfy any legal requirement that such communications be in writing.
License. PES does not grant You any license to resell or commercially use of any the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading, copying, or other use of content for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to You in these Conditions of Use are reserved and retained by PES or its licensors, suppliers, publishers, rightsholders, or other content providers. The Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of PES in whole or in part. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) included in or on the Website without PES’ express written consent. You may not use any meta tags or any other "hidden text" utilizing PES’ name without the express written consent of PES. You may not misuse the Website. You may use the Website only as permitted by law and this Conditions of Use.
Account. You may need Your own PES account to use certain content or services on the Website, and You may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging Your selected payment method, PES may charge any other valid payment method associated with Your account. You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your account, and You agree to accept responsibility for all activities that occur under Your account or password. No one under the age of 18 is permitted to use or access the Website. PES reserves the right to refuse service, terminate accounts, terminate Your rights to use or access the Website, remove or edit content, or cancel orders in its sole discretion.
Website Information. PES does not warrant that product descriptions or other content of the Website is accurate, complete, reliable, current, or error-free. If a product offered by PES itself is not as described, Your sole remedy is to contact the entity you purchased it from directly, in accordance with their return policy and any sale agreements entered into between You and that entity. Despite our best efforts, a small number of the items in our catalog may be mispriced. In the event an item is mispriced, the actual price you will pay is dependent on the price offered by the seller, supplier, or manufacturer you purchase the item from.
Sanctions. You may not use the Website or any of its content or services if You are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where You are accessing the Website. You must comply with all Laws when accessing or using the Website.
Third Parties. Parties other than PES operate stores, provide services or software, or offer product lines for sale through the PES Services. In addition, PES provide links to the sites of affiliated companies and certain other businesses. If You purchase any of the products or services offered by these businesses or individuals, You are purchasing directly from those third parties, not from PES. We are not responsible for examining or evaluating, and PES do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). PES does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their terms, conditions, privacy statements and other conditions of use.
No Warranty. PES AND THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY PES ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY LAW, PES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PES DOES NOT WARRANT THAT THE WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, PES’ SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM PES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Dispute Resolution. Any dispute or claim relating in any way to Your use of any PES Service will be adjudicated in the state or Federal courts in El Dorado Hills, California, and You consent to exclusive jurisdiction and venue in these courts.
Applicable Law. By using any PES Service, You agree that applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between You and PES.
Policies, Modification, and Severability. Please review our other policies, such as our Cookies Policy, posted on the Website. These policies also govern Your use of the Website. We reserve the right to make changes to the Website, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Notice Address:
Please note that providing detailed information at the outset of initiating any request will better facilitate efficient processing. All notices may be sent by registered mail to PES at the following address:
Packaging Equipment and Sales
C/O CEO Steven Menser
PO Box 4331, El Dorado Hills, CA 95762
Limitation on Damages: In no event will (a) PES be liable for any loss of data, loss of profits, cost of cover or other special, incidental, consequential, indirect, punitive, exemplary or reliance damages arising from or in relation to the Website, or Your use or access of the Website, however caused and regardless of theory of liability and (b) PES’ liability for direct damages under this Agreement exceed $1,000.00 (USD) under this Agreement.
Indemnification: You will defend, indemnify, and hold harmless PES and its directors, employees, agents, successors and assigns from and against any loss, expense, damage, judgment, interest, settlement, and any other liability (including reasonable attorneys' fees and costs) related to or arising out of any third party allegation, claim, lawsuit, or proceeding (a "Instance") to the extent such Instance is based on: any alleged or actual breach of Your representations or warranties set forth in this Agreement; any actual or alleged breach of any term of this Agreement by You; Your failure to comply with all applicable ordinances, codes, standards, laws, rules, regulations and orders of any governmental authority that has jurisdiction (“Laws”) in performance of Your obligations and exercise of its rights under this Agreement; Your use of the Website; the violation of any third-party Intellectual Property Right by You or Your service, technology, website, content, materials; any modification by You to the PES’ content or the Website; any negligent act or omission, willful misconduct or strict liability of You; or any personal or bodily injury (including, without limitation, death) or damage to property caused indirectly or directly caused by You.
Procedure: In connection with any Instance described in this Section, the PES will: (a) give the You prompt written notice of the Instance (provided that any delay in notification will not relieve You of Your indemnity obligations); (b) cooperate reasonably with the You (at Your expense) in connection with the defense and settlement of the Instance; and (c) permit You to control the defense and settlement of the Instance, provided that the You may not settle the Instance without the PES’ prior written consent, and provided further that PES may participate in the defense and settlement of the Instance with counsel of its own choosing. Your duty to indemnify under this Section will be independent from Your other obligations under this Agreement.
Anti-Bribery. You acknowledge that PES prohibits the paying of bribes to anyone for any reason, whether in dealings with governments or the private sector. You will not violate or knowingly permit anyone to violate this prohibition on bribery or any applicable anti-corruption laws in performing under this Agreement. Amazon may immediately terminate or suspend performance under this agreement if You breach this section. You will maintain true, accurate and complete books and records concerning any payments made to another party by You under this Agreement, including on behalf of PES. PES and its designated representative may inspect Your books and records to verify such payments and for compliance with this Section.
Representations. You represent, warrant, and covenant to PES that: (a) You have all requisite right, power, and authority to accept the terms of this Conditions of Use and perform Your obligations and grant the rights, licenses and authorizations You grant hereunder; (b) this Conditions of Use policy constitutes a legal, valid and binding agreement; (c) Your acceptance of the terms of this Conditions of Use policy does not and will not violate any agreement to which You are a party or by which You are otherwise bound; (d) You will not in any way misrepresent or embellish Your relationship with PES, represent to customers that You are PES or that You are acting on behalf of PES, or express or imply any relationship or affiliation between PES and You or any other person or entity, except as expressly permitted by this PES in writing; (e) Your devices using or accessing the Website will not contain or transmit any computer code or other technology that may disrupt, disable, harm, or otherwise impede in any manner, the operation of the Website or any other software, firmware, hardware, computer system or network (e.g., "malware," viruses" or "worms"); and (f) You will not, and will not authorize or encourage any third party, to directly or indirectly generate impressions, engagements, click-throughs, and/or any other actions for any ad unit through any automated, deceptive, fraudulent or other invalid means, including through repeated manual clicks, the use of "robots" or other automated tools.
Continued Use and Assignment. PES may amend any of the terms of this Conditions of Use policy, the Cookies Policy, and the Privacy Policy at our sole discretion by posting the revised terms on the Website. Your continued use of the Website after the effective date of the revised Agreement terms constitutes your acceptance of the terms. Neither party may assign this Agreement without the prior written consent of the other party, except that PES may assign this Agreement to an Affiliate or in connection with any merger, reorganization, sale of all or substantially all of our assets or any similar transaction. Subject to this limitation, this Agreement will be binding upon, inure to the benefit of, and be enforceable by the parties and their respective successors and assigns.