Terms and Conditions

Acceptance:

The acceptance of your order for Services or Products is subject to and expressly conditioned on Buyer’s acceptance of all terms and conditions included herein and on any of Painting Consultant Services invoices, contracts, proposal, correspondence, packages, manuals, or technical sheets, which collectively shall constitute the entire contract between the parties. To the extent that there are any inconsistencies between the terms and conditions set forth herein and those contained on any Painting Consultant Services Invoices, packages, manuals, or technical sheets, these terms and conditions shall govern. The foregoing supersedes Buyer's purchase order or other forms, if any, and Painting Consultant Services rejects, does not agree to, and is not bound by any terms or conditions that are contained on Buyer's purchase order or other forms. Painting Consultant Services failure to object to any specific provisions contained in the aforementioned Buyer's forms shall not be deemed an acceptance of such provisions or a waiver of the provisions of Painting Consultant Services terms and conditions. Unless the Buyer notifies Painting Consultant Services in writing within 5 (five)days  from the date of the sales invoice of any objections to Painting Consultant Services terms and conditions, the Buyer will be deemed to have assented to such terms and conditions.

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Title and Risk of Loss:

Title and risk of loss or damage to Product shall pass to Buyer Exworks Painting Consultant Services.

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Terms of Payment:

Terms of payment are shown on the contract and/or invoice and shall be effective from the date of invoice. All amounts are denominated in US dollars. Payments may be made by Master Card, Visa, Discover, American Express, certified check, electronic funds transfer or company check. Any unpaid account balance shall bear interest at the rate of one and one-half percent (1 ½ %) per month from and after the date payment is due.

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Taxes and Fees:

When required by law, PCS/Painting Consultant Services will collect Federal, State and/or Local sale use, excise and other taxes that apply to Buyer's order. These taxes are in addition to the purchase price of any labor or products subject to an order. Buyer will remit the correct tax unless they are tax exempt and Painting Consultant Services has a valid signed tax exemption certificate on file. In the event that Painting Consultant Services fails to collect a required tax, Buyer will be responsible for paying such tax directly to the applicable taxing authority.

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WORKSHOP CANCELLATION, REFUNDS & RESCHEDULING POLICY: 

PCS offers free cancellations or rescheduling with a complete refund 45 days or more prior to scheduled training event.  All cancellations  45  to 15 days prior to scheduled training event receive a 75% refund, or receive a rescheduling fee charge of $100 to attent a new scheduled date. All rescheduling fees must me paid 10 days prior to the new scheduled training date. All cancellations and rescheduling 15 days or less prior to scheduled training event date forfits all monies paid to PCS.  PCS reserves the right to cancell any or all training dates, and assumes no responsibility for monies spent by customer, or any cost incurred by customer due to cancellation.  If course is cancelled by PCS, customer will receive a full refund, or rescheduled at no additional cost.  ALL CANCELLATIONS AND RESCHEDULING MUST BE SUBMITTED IN WRITING BY EMAIL to PCS/Painting Consulting Services.   

Limited Warranty and Sole Remedy:

Painting Consultant Services warrants only DeFelsko and other Equipment products against defects in workmanship or materials under normal use only under guidelines as specified under the products advertised terms and conditions. In the event that any product manufactured is believed to be defective, Buyer's sole remedy is to return Product with proof of purchase to Painting Consultant Services. Return freight charges must be prepaid by Buyer. We will not accept COD shipments. If upon inspection of Product, PCS/Painting Consultant Services determines in its sole discretion that the returned Product is defective as to workmanship or material, Product will be repaired or replaced at PCS/Painting Consultant Services sole option. The warranty is voided if the Product has been opened. THIS WARRANTY IS SOLELY FOR THE BENEFIT OF BUYER AND IS IN LIEU OF ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER, ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PCS/PAINTINMG CONSULTANT SERVICES PROVIDES NO WARRANTY OF ANY KIND ON ANY PRODUCTS THAT IT DOES NOT MANUFACTURE AND MERELY ACTS AS A RESELLER. FOR ANY SUCH RESOLD PRODUCTS, BUYER'S SOLE WARRANTY, IF ANY, SHALL BE THE ONE PROVIDED, IF ANY, BY THE MANUFACTURER OF THE PRODUCT.

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Limitation of Liability:

IN NO EVENT SHALL PCS/PAINTING CONSULTANT SERVICES OR ITS REPRESENTATIVES, DIRECTORS, EMPLOYEES, OR OFFICERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF CUSTOMERS, CLIENTS OR GOODWILL ARISING IN ANY MANNER FROM THE SALE AND/OR THE PERFORMANCE OR NONPERFORMANCE HEREUNDER REGARDLESS OF WHETHER PCS/PAINTING CONSULTANT SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. PCS/PAINTING CONSULTANT SERVICES MAXIMUM LIABILITY SHALL BE LIMITED TO THE PRICE OF PRODUCT PURCHASED BY BUYER REGARDLESS OF THE FORM OF ANY ACTION THAT BUYER COMMENCES