PF POS System: A PF POS System is any point of sale system, including tablets, Card readers, printers, cash draws, dongles, and associated devices, software, components, content, information, data, media, materials, and “online” or electronic documentation or files, delivered to you in connection with the Services, which enables you to accept credit card and/or debit card payments on purchases by customers, including but not limited to all intellectual property rights associated with such system. You may elect to receive a PF POS System in one of two ways, as designated in the PF Application: (i) through PF’s placement or licensing of that system; or (ii) through PF’s sale of that system.
If you have elected to receive a placement of a PF POS System (a “Placed PF POS System”), then the following terms and conditions shall apply to such placement: (a) you agree that the Placed PF POS System is PF’s property, is being licensed to you, and must be returned to PF in good and working condition within ten (10) days of the termination or expiration of this Agreement; (b) if the Placed PF POS System is not returned within ten (10) days, you agree to pay PF the value of such equipment, which shall be the same as the amount PF charges for the same equipment to PF’s other merchants; (c) you agree to pay the license fee, as set forth in the PF Application, if any, on the Placed PF POS System, plus the applicable sales or use taxes, beginning in the month the Placed PF POS System is received by you and continuing until the Placed PF POS System is returned by you or this Agreement is terminated or expires; (d) you agree to be responsible for any damage to the Placed PF POS System as a result of misuse or negligence; and (e) you agree to pay PF a shipping/handling charge for each delivery of replacement Placed PF POS Systems, regardless of the reason. Notwithstanding the foregoing, if you subscribe to certain level(s) of PF’s “Mybizperks Program”, you will not be responsible for failure of a Placed PF POS System for any reason, so long as such Placed PF POS System is returned to PF. Under this program, PF will also provide overnight replacement of a Placed PF POS System free of shipping/handling charges, after remote troubleshooting efforts are unsuccessful. The replacement Placed PF POS System may be new or refurbished, or a different brand or model, and such replacements are limited to two (2) in any consecutive twelve (12) month period.
If you have purchased a PF POS System (a “Purchased PF POS System”), then the following terms and conditions shall apply to such purchase: (a) you agree to pay the purchase price of the Purchased PF POS System, plus the applicable sales or use taxes, and shipping/handling charges, as set forth in the PF Application; and (b) upon PF’s receipt of full payment of the purchase price and applicable sales or use taxes, the Purchased PF POS Systems will become your property, subject to the restrictions set forth in this Agreement.
With regard to any PF POS System received by you, whether placed or sold: (a) you agree to indemnify and hold PF harmless from and against any and all liabilities, losses, claims, damages, disputes, offsets, claims or counterclaims of any kind in any way related to the use (or misuse) of the PF POS System, which includes any damage resulting from an act of nature, fire, or theft, or from misuse or negligence by you or your agents; (b) you agree to use the PF POS System only to process Transactions through PF, and only in accordance with this Agreement and PF’s, or its manufacturers’, instructions and requirements; (c) you agree not to reverse engineer, jailbreak, disassemble, disable or modify the PF POS System, or any components thereof, in any way, work around, bypass or circumvent any of the technical limitations of the PF POS System or and components thereof, wipe, delete or alter in any way the operating system or preset configurations of the PF POS System, or do anything else that would interfere with the authorized and intended working and use of the PF POS System; (d) you agree that you may only install, access and use PF POS System with compatible devices, and you will run a validly licensed copy of the operating system for which the PF POS System was designed (devices with disabled hardware and software controls are not compatible devices, and your use of any such modified device in connection with the PF POS System is expressly prohibited); and (e) you agree that you will only permit duly trained and authorized persons to use or access the PF POS System. You agree that you may not, nor may you permit any third party to, resell, lease or distribute in any way the PF POS System. Please refer to Section 23 below for a discussion of applicable, limited warranties relating to the PF POS System.
Warranties: EXCEPT AS EXPRESSLY PROVIDED BELOW, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN EXCEPT AS EXPRESSLY PROVIDED BELOW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PF OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, PF DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR FREE OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
The following express, limited warranties shall apply with respect to each PF POS System:
(1) PF warrants all tablets and Card readers sold or placed with you against defects in materials and workmanship under normal use for a period of one (1) year from the date delivered to you. PF will replace such defective tablet or Card reader at no cost to you. However, you must return the defective tablet or Card reader to PF at the designated address and in the designated box, with all accessories, cords, cables, parts and documentation included, within fourteen (14) days of receiving your replacement tablet or Card reader, as applicable. In the event you fail to return your defective tablet or Card reader pursuant to the process and time frame specified, PF will charge your bank account and/or pursue other available collection remedies. Such replacement is your sole and exclusive remedy for defects in your PF POS System. This limited warranty is only available to you as the original purchaser of a tablet or Card reader. Warranty coverage terminates if you sell or transfer your tablet or Card reader. No reseller, agent, or employee is authorized to make any modification, extension, or addition to this limited warranty.
This limited warranty does not apply to tablets or Card readers that have been subject to alteration, repair, tampering, accident, abuse, misuse, fire, acts of god (including, without limitation, earthquake, flood, hurricane, lightning, or tornado) or other external causes. This limited warranty does not apply to any third party hardware, such as, without limitation, any printers or cash drawers, any consumable parts, including batteries, or any software, even if resold or included with the tablet or Card reader. All third party hardware resold or included by PF is provided solely according to the warranty and other terms specified by the manufacturer, who is solely responsible for service and support for its product. For service, support, or warranty assistance, you should contact the manufacturer directly.
(2) If you are not fully satisfied with your tablet, Card reader, printer, cash drawer or other equipment comprising the PF POS System, you may return it within thirty (30) days of delivery so long as they are in their original condition and packaging and you enclose the original packaging slip. Tablet returns must be unopened. PF does not accept returns of tablets where any part of the original packaging has been opened, broken, or altered. PF will refund your purchase price in full and cover the cost of return shipping. You must return all cords, cables, parts and documentation that were included with the original package. PF POS Systems purchased from PF through an installment plan are not eligible for partial returns, and must be returned with all other products included in the installment plan purchase. Refunds will be applied to the original purchase method. Only PF POS Systems purchased directly from PF can be returned to PF. A restocking fee may apply to all returns that are in open packages.