WARRANTY & PRIVACY
PRIVACY STATEMENT
PortaFire® will not collect any personal information
about you except for statistical purposes when
you visit our website except where you choose
to provide that information to us. We do not
give, transfer, share, or sell any personal
information to a third party.
Usage of Cookies
A cookie is a small file with text that is placed
on your computer's hard drive for future use.
We do not use cookies to record any personal
information. Accepting a cookie, from this website,
in no way gives us access to your computer or
any information about you.
We analyze all user traffic on our web site
for information that is automatically provided
by your browser when you visit our site. We
use this data to measure site and server performance
to continually improve the content of our sites
and to better serve you. PortaFire® does not
use the information to collect personal information.
Information provided by you
PortaFire® does not sell, rent, or publish any
of our visitors personal or private information.
We do not reveal personally identifiable data
to unaffiliated third parties for their independent
use.
Privacy Protections for children using the Internet
Protecting children's privacy is important to us.
For that reason, we do not collect or maintain information
on our Web Site from those we actually know are under the age
of 13. We request that all visitors to our Web Site who are
under 13 not disclose or provide any personally identifiable
information. If we discover that a child under 13 has provided us
with personally identifiable information, we will delete that
child's personally identifiable information from our records.
Learn more about COPPA
Our Links to other sites
This Web site contains hyperlinks to web sites
created & maintained by organizations other
than PortaFire®. These links are "Link Partners"
and are provided for your reference and convenience
only. PortaFire® does not control other web sites
and is not responsible for their content; nor
do they imply any endorsement of the material,
products, or services on these web sites or
any association with their operators or owners.
Once you link to another site, you are subject
to the policies of that site. The privacy policies
and procedures described here do not apply to
those sites as they are not under our control.
PortaFire® suggest you contact these sites directly
for information on their data collection and
distribution policies of personal and private
information. To avoid confusion all external
links will appear in a new separate browser
window.
DISCLAIMER
Content
United States and foreign copyright laws and
international conventions protect the contents
of this Site. You agree to abide by all copyright
notices.
External Links
Some links on Our website lead to websites
that are not operated by PortaFire®. PortaFire®
does not control these websites nor do we review
or control their content. Portafire® provides
these links to users for convenience and resource.
The links do not imply any endorsement of products,
services, or information, and does not imply
any association between PortaFire® and the operators
or owners of these linked website's.
Disclaimer of Warranty
You expressly understand and agree that your
use of this Site, or any material available
through this Site, is at your own risk. Neither
PortaFire® nor its employees warrant that this
Site will be uninterrupted, problem-free, free
of omissions, or error-free; nor do we make
any warranty as to the results that may be obtained
from the use of the Site. The content and function
of this Site is provided to you "as is," without
warranties of any kind, either express or implied.
Limitation of Liability
In no event will Portafire® or its employees
be liable for any direct, incidental, punitive,
special, indirect, consequential, or exemplary
damages, arising out of your use of or inability
to use this Site, including without limitation,
loss of revenue or anticipated profits, loss
of goodwill, loss of business, loss of data,
computer failure or malfunction, or any and
all other damages.
TERMS OF USE
General Terms of the Agreement
Your access to this web site is subject to the
following terms and conditions, as well as all
applicable laws. Your access to the Site is
in consideration for your agreement to these
Terms and Conditions of Use, whether or not
you are a registered user. By accessing, browsing,
and using this Site, you accept, without limitation
or qualification, these Terms and Conditions
of Use. There are sections of this website that
connect you to other sites outside of the control
of PortaFire®. These terms and conditions
apply only to those areas that are registered
under the PortaFire's name. Refer to the Terms
of Use of those sites outside of PortaFire's
control. Also see Disclaimer.
Modification of the Agreement
PortaFire® maintains the right to modify these
Terms and Conditions of Use without notice.
Any modification is effective immediately upon
posting the modification unless otherwise stated.
Your continued use of the Site following the
posting of any modification signifies your acceptance
of such modification. You should periodically
visit this page to review the current Terms
and Conditions of Use.
Termination of Use
PortaFire® may, in its sole discretion, terminate
or suspend your access and use of this Site without
notice and for any reason, including for violation
of these Terms and Conditions of Use or for other
conduct which PortaFire®, in its sole discretion,
believes is unlawful or harmful to others. In
the event of termination, you are no longer authorized
to access the Site, and we will use whatever means
possible to enforce this termination.
Copyright
All images and text on this Web site are copyrighted
by PortaFire® and are protected by applicable
laws. Anyone wishing to use PortaFire's graphics
such as our logo or banners, or text , or video,
or articles should Contact
Us to obtain a license or permit. Republication
or redistribution of this content, including by
framing or by similar means, is expressly prohibited
without the prior written consent of PortaFire®.
PortaFire® diligently protects its intellectual
property and will take all steps to prevent unpermitted
use, up to, and including, litigation and or criminal
prosecution.
Conduct
You agree to access and use the Site only for
lawful purposes. You are solely responsible
for the knowledge of and adherence to any and
all laws, statutes, rules and regulations pertaining
to your use of this Site. By accessing this
Site, you agree that you will not:
PRODUCT RETURN AND RESTOCKING POLICY
Return of Product
All Products shall be deemed accepted by Purchaser twenty (20) business days after receipt thereof unless Purchaser returns such Product within such twenty (20) business day period. If Purchaser is dissatisfied for any reason with any Product, unless such dissatisfaction is due to damage caused during shipping as described below, Purchaser may return the Product to PORTAFIRE within said twenty (20) business day period for a full refund subject to the terms and conditions hereof. To qualify for this refund, the return Product must 1) be accompanied with a copy of a receipt or other proof of purchase, 2) be returned in a like-new and unused condition, 3) be returned in the original box(es) with original packing materials and with all original accessories, components and literature, and 4) be returned In condition for immediate restocking and resale by PORTAFIRE. In the event that all of the terms and conditions 1-4 above are met, Purchaser will receive a full refund of the purchase price (not including any original shipping fees paid by Purchaser) less a restocking fee of 15% of the purchase price, and less any return shipping fees and insurance paid by PORTAFIRE, if applicable. In the event all of the terms and conditions of 1-4 above are not met, Purchaser will receive a full refund of the purchase price (not including any original shipping fees paid by Purchaser) less a restocking fee of 15% of the purchase price, less any return shipping fees and insurance paid by PORTAFIRE, if applicable, and less all costs and materials required to refurbish the Product to a like-new condition for restocking and resale. Should such refurbishment costs exceed 85% of the purchase price, then Purchaser will receive no refund for the return.
Products Damaged during Shipping
All Products shipped by PORTAFIRE shall be packaged in PORTAFIRE's shipping cartons so as to prevent damage and shall be delivered to a common carrier FOB PORTAFIRE's facilities, at which time risk of loss shall pass to Purchaser. All freight, insurance, and other shipping expenses, as well as expenses for any special packing requested by Purchaser and provided by PORTAFIRE, shall be paid by Purchaser. In the event a Product as delivered to Purchaser is damaged in transit, Purchaser must file a claim with the appropriate carrier for such damage and shall not return the Product to PORTAFIRE. PORTAFIRE cannot file such a claim on Purchaser's behalf and therefore will not replace the Product or refund the purchase price if Product damage is due to carrier mishandling, accident or abuse. However, PORTAFIRE will assist Purchaser in filing such a claim for damage reimbursement against the carrier. Once Purchaser's claim has been processed, approved and paid by the carrier, PORTAFIRE will replace the damaged product with a new unit of like kind, at Purchaser's discretion, in exchange for receipt of the damaged Product and the carrier claim payment.
STANDARD TERMS AND CONDITIONS OF SALE
1. Terms and Conditions.
This sale is subject to the terms and conditions
set forth below, which supersede any and all
terms and conditions set forth in any documents
issued by Purchaser, including Purchaser's purchase
order. ANY ADDITIONAL, DIFFERENT OR CONFLICTING
TERMS AND CONDITIONS HEREBY ARE OBJECTED TO
BY PORTAFIRE, INC. ("PORTAFIRE"), AND SHALL
BE OF NO FORCE AND EFFECT. No waiver or amendment
of these terms and conditions shall be binding
on PORTAFIRE unless made in writing expressly
stating that it is such a waiver or amendment
and signed by PORTAFIRE.
2. Limited Warranty
PORTAFIRE warrants to Purchaser (and only Purchaser)
(the "Limited Warranty"), that: (a) each Product
shall be free from defects in material and workmanship
under normal use and service for a period of
twelve (12) months from the date of shipment
(the "Warranty Period"); (b) during the Warranty
Period, the Products will materially conform
with the specification in the applicable documentation.
Notwithstanding the preceding provisions, PORTAFIRE
shall have no obligation or responsibility with
respect to any Product that (i) has been modified
or altered without PORTAFIRE's written authorization;
(ii) has not been used in accordance with applicable
documentation; (iii) has been subjected to neglect,
misuse, abuse, unusual stress, improper storage,
testing or connection; or unauthorized repair;
or (iv) is no longer covered under the Warranty
Period. PORTAFIRE MAKES NO WARRANTIES OR CONDITIONS,
EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OTHER
THAN THE EXPRESS LIMITED WARRANTIES MADE HEREIN,
AND PORTAFIRE HEREBY SPECIFICALLY DISCLAIMS
ALL OTHER EXPRESS, STATUTORY AND IMPLIED WARRANTIES
AND CONDITIONS, INCLUDING THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITION
OF SATISFACTORY QUALITY.
3. Exclusive Remedy; Limitation of Liability
Purchaser's exclusive remedy for a breach of
the Limited Warranty shall be limited to repair
or replacement of, or refund for, the non-conforming
Product (at PORTAFIRE's sole option). Product
returned to PORTAFIRE for non-compliance with
this Limited Warranty shall be returned in accordance
with the "Rejection/Return" provisions below.
Any refund shall be equal to the actual purchase
price for the applicable Product. IN NO EVENT
SHALL PORTAFIRE BE LIABLE TO PURCHASER FOR ANY
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES RESULTING FROM PORTAFIRE'S PERFORMANCE
OR FAILURE TO PERFORM, WHETHER DUE TO BREACH
OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHERWISE.
4. Repaired or Replaced Product
The warranty for repaired or replaced Product
shall be limited in scope to the warranty set
forth above, and shall have a duration of the
greater of (i) the remaining Warranty Period
in the original warranty that was applicable
to the original Product, extended by the time
elapsed between PORTAFIRE receiving notice of
the non-conformity and Purchaser's receipt of
the repaired or replaced Product; or (ii) ninety
(90) days following delivery to Purchaser of
the repaired or replaced Product.
5. Shipment and Risk of Loss
All Products shipped by PORTAFIRE shall be packaged
in PORTAFIRE's shipping cartons so as to prevent
damage and shall be delivered to a common carrier
FOB PORTAFIRE's facilities in Littleton, CO,
USA, at which time risk of loss shall pass to
Purchaser. All freight, insurance, and other
shipping expenses, as well as expenses for any
special packing requested by Purchaser and provided
by PORTAFIRE, shall be paid by Purchaser. In
the event a Product as delivered to Purchaser
is damaged in transit, Purchaser must file a
claim with the appropriate carrier for such
damage and shall not return the Product to PORTAFIRE.
PORTAFIRE cannot file such a claim on Purchaser's
behalf and therefore will not replace the Product
or refund the purchase price if Product damage
is due to carrier mishandling, accident or abuse.
However, PORTAFIRE will assist Purchaser in
filing such a claim for damage reimbursement
against the carrier. Once Purchaser's claim
has been processed, approved and paid by the
carrier, PORTAFIRE will replace the damaged
product with a new unit of like kind, at Purchaser's
discretion, in exchange for receipt of the damaged
Product and the carrier claim payment.
6. Payment
Payment shall be in U.S. Dollars, and shall
be due and payable in accordance with the terms
set forth on the applicable PORTAFIRE Quotation.
Payment shall be in an amount equal to the purchase
price for the applicable Product plus all applicable
taxes, shipping charges, and other charges to
be borne by Purchaser.
7. Rejection/Return
If any Product fails to comply with the Limited
Warranty set forth above, Purchaser shall immediately
notify PORTAFIRE of the defect and non-compliant
Product rejection and shall, at PORTAFIRE's
option, return the Product or allow PORTAFIRE
to inspect the rejected Product and shall follow
PORTAFIRE's instructions regarding disposition
of the rejected Product. Prior to the return
of any Product to PORTAFIRE as provided for
hereunder, Purchaser shall obtain from PORTAFIRE's
Technical Support Department a Return Material
Authorization ("RMA") number. Within ten (10)
business days after receiving an RMA number
for the Product, Purchaser shall package the
Product in its original packing material or
an equivalent and return such Product to PORTAFIRE
or such other location as PORTAFIRE may designate
in writing. PORTAFIRE shall bear the cost of
freight and insurance for the return to PORTAFIRE.
Purchaser shall enclose with the returned Product
the applicable RMA form, and any other documentation
or information requested by PORTAFIRE. PORTAFIRE
may refuse to accept returns of any Product
not properly packed and shipped as provided
in this paragraph. Upon verification that the
Product does not comply with the Limited Warranty,
PORTAFIRE shall repair, replace, or provide
a refund for such Product, at PORTAFIRE's option,
no later than thirty (30) days after the time
PORTAFIRE receives the non-compliant Produce
from Purchaser. PORTAFIRE shall be responsible
for returning, at PORTAFIRE's cost, repaired
or replaced Products to Purchaser.
8. Return/Refund
All Products shall be deemed accepted by Purchaser
twenty (20) business days after receipt thereof
unless Purchaser returns such Product within
such twenty (20) business day period. If Purchaser
is dissatisfied for any reason with any Product,
Purchaser may return it to Portafire within
said twenty (20) business day period for a full
refund subject to the terms and conditions hereof.
To qualify for this refund, the return product
must 1) be accompanied with a copy of a receipt
or other proof of purchase, 2) be returned in
a like-new and unused condition, 3) be returned
in the original box(es) with original packing
materials and with all original accessories,
components and literature, and 4) be returned
In condition for immediate restocking and resale
by PORTAFIRE. In the event that all of the terms
and conditions 1-4 above are met, Purchaser
will receive a full refund of the purchase price
(not including any original shipping fees paid
by Purchaser) less a restocking fee of 15% of
the purchase price, and less any return shipping
fees and insurance paid by PORTAFIRE, if applicable.
In the event all of the terms and conditions
of 1-4 above are not met, Purchaser will receive
a full refund of the purchase price (not including
any original shipping fees paid by Purchaser)
less a restocking fee of 15% of the purchase
price, less any return shipping fees and insurance
paid by PORTAFIRE, if applicable, and less all
costs and materials required to refurbish the
Product to a like-new condition for restocking
and resale. Should such refurbishment costs
exceed 85% of the purchase price, then Purchaser
will receive no refund for the return.
9. General Provisions
Notwithstanding any other provision hereof,
performance by PORTAFIRE shall be excused to
the extent that performance is rendered commercially
unreasonable by acts of God, war, fire, flood,
riot, power failure, embargo, material shortages,
strikes, governmental acts, man-made or natural
disasters, failure or limitation of supply,
or any other reason where failure to perform
is beyond the reasonable control and not caused
by the negligence of PORTAFIRE. The time for
performance shall be extended for the time period
lost due to the delay. This Agreement shall
be governed by and construed under the laws
of the State of Colorado, USA, without reference
to conflict of laws. These terms and conditions,
including those on the face page hereof (if
any), set forth the entire agreement and understanding
of PORTAFIRE and Purchaser with respect to the
sale and distribution of Products and Parts
and supersede all prior or contemporaneous agreements
relating thereto, written or oral, between the
parties. Purchaser may not assign its rights
or delegate its obligations hereunder without
the express written consent of PORTAFIRE. Any
assignment by Purchaser without such consent
shall constitute a breach hereof by Purchaser.
WARRANTY POLICY
Limited Warranty
PORTAFIRE warrants to Purchaser (and only Purchaser) (the "Limited Warranty"), that: (a) each Product shall be free from defects in material and workmanship under normal use and service for a period of twelve (12) months from the date of shipment (the "Warranty Period"); (b) during the Warranty Period, the Products will materially conform with the specification in the applicable documentation. Notwithstanding the preceding provisions, PORTAFIRE shall have no obligation or responsibility with respect to any Product that (i) has been modified or altered without PORTAFIRE's written authorization; (ii) has not been used in accordance with applicable documentation; (iii) has been subjected to neglect, misuse, abuse, unusual stress, improper storage, testing or connection; or unauthorized repair; or (iv) is no longer covered under the Warranty Period. PORTAFIRE MAKES NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OTHER THAN THE EXPRESS LIMITED WARRANTIES MADE HEREIN, AND PORTAFIRE HEREBY SPECIFICALLY DISCLAIMS ALL OTHER EXPRESS, STATUTORY AND IMPLIED WARRANTIES AND CONDITIONS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITION OF SATISFACTORY QUALITY.
If any Product fails to comply with the Limited Warranty set forth above, Purchaser shall immediately notify PORTAFIRE of the defect and non-compliant Product rejection and shall, at PORTAFIRE's option, return the Product or allow PORTAFIRE to inspect the rejected Product and shall follow PORTAFIRE's instructions regarding disposition of the rejected Product. Prior to the return of any Product to PORTAFIRE as provided for hereunder, Purchaser shall obtain from PORTAFIRE's Technical Support Department a Return Material Authorization ("RMA") number. Within ten (10) business days after receiving an RMA number for the Product, Purchaser shall package the Product in its original packing material or an equivalent and return such Product to PORTAFIRE or such other location as PORTAFIRE may designate in writing. PORTAFIRE shall bear the cost of freight and insurance for the return to PORTAFIRE. Purchaser shall enclose with the returned Product the applicable RMA form, and any other documentation or information requested by PORTAFIRE. PORTAFIRE may refuse to accept returns of any Product not properly packed and shipped as provided in this paragraph. Upon verification that the Product does not comply with the Limited Warranty, PORTAFIRE shall repair, replace, or provide a refund for such Product, at PORTAFIRE's option, no later than thirty (30) days after the time PORTAFIRE receives the non-compliant Produce from Purchaser. PORTAFIRE shall be responsible for returning, at PORTAFIRE's cost, repaired or replaced Products to Purchaser.
Exclusive Remedy; Limitation of Liability
Purchaser's exclusive remedy for a breach of this Limited Warranty shall be limited to repair or replacement of, or refund for, the non-conforming Product (at PORTAFIRE's sole option). Product returned to PORTAFIRE for non-compliance with this Limited Warranty shall be returned in accordance with the provisions above. Any refund shall be equal to the actual purchase price for the applicable Product. IN NO EVENT SHALL PORTAFIRE BE LIABLE TO PURCHASER FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM PORTAFIRE'S PERFORMANCE OR FAILURE TO PERFORM, WHETHER DUE TO BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHERWISE.
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