Welcome to Pasmodirect.com ("PASMODIRECT"). PASMODIRECT is an online store offering for sale a collection of clearance and refurbished commercial appliances with a specialty in ice machines, ice cream machines, commercial refrigeration, water filters and more. We collectively refer to the services that we provide to you through this site, and our site itself, as the "Service."
The Service, and its content, is available for all users to view without registering for an account. In order to use certain features of the Service, including buying and selling products, you may be required to register and provide PASMODIRECT with personal information including your name, phone number, email address, physical address, and credit card information. In order to complete the registration process, you must check a box agreeing to be bound by these TOU. It is your responsibility to ensure the security of your username and/or password, and any activity connected to your account is deemed to have been done by you. If you lose your username and/or password, or believe that an unauthorized user is logging into your account, you must notify PASMODIRECT immediately.
GENERAL TERMS OF PURCHASE
The purchase terms in the following paragraph relate to items available through the Service from the PASMODIRECT website:The goods sold through this Service are sold from the State of New York, therefore, tax is charged and collected on all ordersdelivered within New York State. All items purchased from PASMODIRECT are F.O.B. our warehouse and from time to time, the manufacturer's warehouse. Title to the purchased items passes to the customer at the time the goods are passed to the carrier. Listed prices may be changed by PASMODIRECT at any time without notice to you. The price listed on the Service does not guarantee that purchase price. If an incorrect price is listed due to typographical or other error, PASMODIRECT has the right to refuse or cancel any orders placed for products listed at the incorrect price, whether or not the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is refused or canceled by PASMODIRECT, PASMODIRECT will promptly issue a credit to your credit card account in the amount of the charge for that order.
By agreeing to the terms and conditions, you understand that the majority of products listed on PASMODIRECT are not new and may appear to be used. We use terms such as scratch and dent, refurbished, used, dented, floor model and clearance to best describe the condition of each item. All items for sale are properly listed and it is understood that the products may contain scratches, dents, stains or obvious signs of use and repair. We use our best efforts to bring the physical condition of each machine back to its original state. The overlying condition of ourproducts are noted, but not the specific condition of each unit. Our commitment to our customers is that all units leave our facility in satisfactory working order and have been cleaned and sanitized ready for its specific operation.
If the machine you purchased is not functioning properly after installation and under normal use, please refer back to your order to verify warranty coverage. All warranty information is displayed on the PASMODIRECT website by each item and also printed on your receipt after purchase. You may contact the manufacturer directly or our company in order to initiate a service request. For new items, warranty coverage is typically provided by the manufacturer. For new but old stock, the warranty is provided by PASMODIRECT and will use its best efforts to diagnose and repair the service issue in a timely fashion. You may set up a case online for used and refurbished products directly on the PASMODIRECT website by logging into your account and going to your purchase history. Proof of purchasemay be required for new products and you may be asked to verify proper installation of the equipment. NO RETURNS OR EXCHANGES ARE CONSIDERED UNTIL AUTHORIZED BY AN PASMODIRECT REPRESENTATIVE. If a non-authorized service agent tampers with the machine, it may void your warranty coverage. Returns are handled on a case-by-case basis.
We strongly encourage you to research your purchase related to the size and capacity of the machine you are purchasing. Our items are heavy and there are typically return shipping charges for buyers remorse. If you are not satisfied with your purchase, you can obtain a Return Authorization ("RMA") from one of our staff members within 30 days from your products shipping date. All returns and exchanges must be unused, in their original box, include all packing material, manuals and all accessories and returned in the exact same manor that it arrived. (i.e Pallet, Bubble Wrap, Box etc).
Once a request is received, we will send a quote for the return shipping charge. We will then issue the RMA and initiate the pickup unless we permit you to use your carrier. Once received at our warehouse it will be inspected to make sure it is in the same condition that it was shipped. If approved, we will issue a merchandise refund to you within 30 days less all shipping charges that we incurred. We do charge a 15% restocking fee for all handling and testing involved. We will notify you prior to pick-up as part of the shipping quote. If an item has been used or you are looking to upgrade, please contact us for a quote.
PASMODIRECT uses its best efforts to pack and secure all items for transport. Upon delivery, all items must be opened and inspected before they are signed for from the carrier. ONCE YOU SIGN THE CARRIER RECEIPT FOR ANY ITEM, YOU AGREE THAT THE ITEM(S) ARE FREE AND CLEAR OF ANY DAMAGE AND YOU ARE RESPONSIBLE FOR ANY SUBSEQUENT DAMAGE.Any claim that arises from freight or shipping damage must first be noted on the bill of lading or carriers receipt from the delivery agent. IF YOUR DO NOT REPORT SHIPPING OR FREIGHT DAMAGE AT THE TIME OF RECEIPT AND THE CAUSE OF THE PROBLEM IS DETERMINED TO BE FROM SHIPPING OR FREIGHT DAMAGE, YOUR WARRANTY WILL BE VOIDED AND NOT COVERED.
All content on the PASMODIRECT website, including but not limited to text, graphics, logos, button icons, images, audio clips, software, or other material, whether or not having a copyright notice (@), see 17 U.S.C. 102 and 401, is owned by or licensed to PASMODIRECT or its suppliers, and is protected by United States and international copyright laws and regulations. The content and software on the Service may be used as a personal shopping resource or may be downloaded for personal, non-commercial use provided all copyright and proprietary notices are retained. However, any other use, including but not limited to reproduction, modification, distribution, sale, transmission, republication, display, or performance is a violation of United States and international copyright laws and regulations and is strictly prohibited.
The following, without limitation, are trademarks of PASMODIRECT or its affiliates: Pasmodirect.com,ICECLEARANCE.COM, "ICE AT THE RIGHT PRICE."PASMODIRECT and its affiliates reserve all rights in these trademarks and all of their other trademarks, services marks, graphics, logos, names and designs. Said marks and materials may not be used without the prior written consent of PASMODIRECT or its affiliates.All other trademarks, services marks, product names, company names, and logos appearing on the Service are the trademarks of their respective owners. Reference to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply the endorsement, sponsorship or recommendation by PASMODIRECT of such products or owners.
PROCESS AND TECHNOLOGY
You acknowledge that the Service is the property of PASMODIRECT and that the ideas, technology, look and feel, techniques, methods, business practices, and procedures constituting the Service, including but not limited to the "shopping" and "purchase" process, are valuable assets owned by, or licensed to, PASMODIRECT (collectively, the "PASMODIRECT Technology"). All intellectual property rights and other rights with respect to the Service and the PASMODIRECT Technology remain with PASMODIRECT in perpetuity. Except as expressly set forth in these TOU, you shall have no rights of any nature in the Service or the PASMODIRECT Technology. You expressly agree not to download, reverse engineer, reproduce or distribute any of the PASMODIRECT Technology. You may not decompile, reverse engineer, download images or code or otherwise modify any part of the Service or the PASMODIRECT Technology.
PROPRIETARY RIGHTS TO CONTENT
To the extent that you submit any information, text, photographs, video or other content to PASMODIRECT or through the Service, you warrant and represent that any such content is your original work, has been legally obtained and created, and that publication of such content in various media will not infringe on or otherwise violate or defame any third party rights. You furthermore automatically grant -- or warrant that the owner of such content has expressly granted -- PASMODIRECT a royalty-free, perpetual, irrevocable, world-wide, nonexclusive license to edit, publish, promote, remove, delete, modify and otherwise use such content without further permission, notice or compensation, in any and all media now known or hereafter invented.
As a user of the Service, you agree to the following: You are solely responsible for the contents of your transmissions through the Service.You agree: (1) to comply with all applicable laws, rules and regulations regarding your use of the Service and your purchase, solicitation of offers to purchase, and sale of items; (2) not to use the Service for fraudulent or illegal purposes; (3) not to interfere with or disrupt networks connected to the Service; (4) not to use the Service under a false name or to use an invalid email address or invalid or unauthorized credit card; (5) to comply with all applicable regulations, policies and procedures of networks connected to the Service; and (6) to comply with these TOU.The Service makes use of the Internet to send and receive certain messages and to provide certain services; therefore, your conduct is subject to Internet regulations, policies and procedures. You will not use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.You agree not to transmit or offer for sale through the Service any unlawful, infringing, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material or items of any kind or nature. You further agree not to transmit or offer for sale any material or items, or use the Service in any manner, that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. You shall not interfere with another person's or entity's use and enjoyment of the Service.PASMODIRECT may, at its sole discretion, immediately terminate your use of the Service (or any portion of the Service) should your conduct fail to conform with these TOU. PASMODIRECT retains the right, but does not have the obligation, to immediately refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if PASMODIRECT believes that a user's and/or customer's conduct violates the law, these TOU or is harmful to the interests of PASMODIRECT, its affiliates, or the Service.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.PASMODIRECT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, FREEDOM FROM ERROR, INTERRUPTION, COMPUTER VIRUS, OR OTHER HARMFUL COMPONENTS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.EXCEPT AS SPECIFICALLY PROVIDED, PASMODIRECT MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PASMODIRECT MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES PASMODIRECT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY, COMPLETENESS, USEFULNESS, OR RELIABILITY OF ANY INFORMATION, PRODUCTS, ITEMS OR MATERIALS OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SERVICE OR SAID INFORMATION, PRODUCTS, ITEMS OR MATERIALS WILL BE CORRECTED.YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PASMODIRECT OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
THIRD PARTY LINKS
The Service may provide links or references to other websites. No linking to this Service will be permitted without the explicit prior permission of PASMODIRECT. However, PASMODIRECT has no control over or responsibility for content on third party sites and transactions that occur therein. PASMODIRECT has provided links to other sites merely as a convenience to users, and shall not be liable for any damages or injury arising from content on such third party websites or transactions occurring therein.
LIMITATION OF LIABILITY
IN NO EVENT SHALL PASMODIRECT (INCLUDING ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF PASMODIRECT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, OR THE PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM OR THROUGH THE SERVICE, OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE, OR THE INTERNET GENERALLY.IN NO EVENT SHALL THE AGGREGATE, TOTAL LIABILITY OF PASMODIRECT OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR AFFILIATES, TO YOU FOR ALL DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE OR ANY OTHER ASPECT OF YOUR RELATION WITH PASMODIRECT EXCEED THE LESSER OF: (A) THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR USE OF THIS SERVICE OR (B) $100.SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold PASMODIRECT and our subsidiaries, parents, affiliates, officers, directors, employees, agents, and representatives harmless from and against any and all claims, demands, losses, liabilities, costs and expenses (including but not limited to attorneys' fees and legal costs) arising from or in connection with (a) your breach of these TOU, including any documents incorporated by reference; (b) your violation of any state, federal foreign or international laws, rules or regulations; (c) your violation of any third party's rights, including, but not limited to, infringement of any copyright, trademark or patent right, or a violation of any other proprietary or personal right (including, without limitation, privacy rights); or (d) your use of the Service. This obligation will survive the termination of these TOU.
DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE
PASMODIRECT owns, protects and enforces copyrights in its own creative material and respects the copyright properties of others. Materials may be made available on the Service, or via the Service, by third parties such as affiliates or advertising which is not within the control of PASMODIRECT. It is our policy not to permit materials known by us to be infringing to remain on this Service. You should notify us promptly if you believe any materials on the Service infringe a third party copyright. Upon our receipt of a proper notice of claimed infringement under the DMCA, PASMODIRECT will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. The PASMODIRECT designated agent (i.e. proper party) to whom you should address such notice is listed at the bottom of this notice. It is the policy of PASMODIRECT to terminate its contractual relationships regarding content with third parties who repeatedly infringe the copyrights of others.
The Service is intended for use in the United States only. The TOU shall be governed by and construed in accordance with the laws of the state of New York, excluding its conflict of law provisions. You and PASMODIRECT agree to submit to the exclusive jurisdiction of the courts of the state of New York.Failure by PASMODIRECT to enforce any provision(s) of these TOU shall not be construed as a waiver of any provision or right. You and PASMODIRECT are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these TOU. If any provision of these TOU is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining TOU shall remain in full force and effect. These TOU inure to the benefit of PASMODIRECT, its successors and assigns.These TOU constitute the entire agreement between you and PASMODIRECT with respect to the Service, and supersede all prior agreements or understandings, whether written or oral, between you and PASMODIRECT with respect to the Service.