Website Terms and Conditions

Welcome to the website of Power Survey Ltd. & Power Standard Labs (doing business as Powerside). By using our website, you agree on behalf of yourself and the entity you represent, to comply with the terms and conditions of use which are set out below and by our 'Privacy Policy'. Certain areas of this site are restricted to customers or potential customers of Powerside and the use of these areas may be subject to additional terms of usage which are posted elsewhere on this website and govern particular features and applications. If you do not wish to abide by these terms and conditions, please leave this site immediately.

Any disputes arising from the use of this site shall be governed exclusively by the laws of the province of Quebec and the applicable laws of Canada and the user expressly consents to the exclusive forum, jurisdiction and venue of the courts of Quebec.

Disclaimer

Powerside will use reasonable efforts to include accurate and up to date information on this site but makes no representations or warranties of any kind, either express or implicit, including but not limited to performance, fitness for a particular purpose, non infringement or with respect to the accuracy, currency or completeness of the information provided. As laws and regulations are continually changing and can only be interpreted in light of particular factual situations, nothing herein shall to any extent substitute for the independent investigations and business judgment of the reader.

This site is provided as a service to its users and Powerside reserves itself the right to modify or delete its content at any time without prior notice. As you are bound by any such revisions you should therefore periodically visit this page to review the then current terms and conditions.

The information on this site is intended to provide general information and guidance (on matters of interest) for the reader. The content herein should not be interpreted as providing a professional opinion or advice. As such it should not be used as a substitute for consultation. For detailed information specific to your situation and requirements, please contact a Powerside representative.

Powerside or any of its affiliates, directors, officers, employees or other representatives will not be liable for any damages or injuries resulting from access to or inability to access or reliance upon information provided on this website. Nor will Powerside be liable for any direct, incidental, consequential, indirect, punitive or other damages arising out of your use of this website or any errors or omissions in the content thereof, including, without limitation, lost profits, business interruption and loss of programs or other data.

Powerside shall not be liable for any damages resulting from or caused by any part of the content of this website.

Use of Site

You may view and download the information on this site only for your own personal, non-commercial or educational use. Any other use, modification or duplication of this website or its contents in whole or in part, without the prior written permission of Powerside is prohibited and then only in such a way that the source and intellectual property rights are acknowledged. For permission to reproduce any contents of this website for any public or commercial purpose, please e-mail us at marketing@powerside.com.

This site is protected by copyright. Therefore, you may not post, upload, publish, reproduce, transmit or otherwise distribute information or other material on it without first obtaining permission of the copyright holder. You may not otherwise use this site in a manner which is contrary to law or etiquette or which would adversely impact use of the site by others.

PQube Terms and Conditions

Your Price Quotation from Powerside refers to these Terms and Conditions.

The information you have received in your Price Quotation from Powerside, including but not limited to pricing and delivery, is based on your Company’s acceptance of the following Terms and Conditions without modification. By making use of the prices and delivery terms in your Price Quotation for any purpose, including preparation of a Purchase Order, you indicate your Company’s acceptance of these Terms and Conditions. Your Company can decline these Terms and Conditions by not preparing a Purchase Order.

The external packaging of each shipment you receive from Powerside refers to these Terms and Conditions. By opening the internal packaging in each shipment from Powerside, you indicate your Company’s acceptance of these Terms and Conditions. Your Company can decline these Terms and Conditions by returning each shipment, in its original unopened internal packaging, to Powerside.

  1. These Terms and Conditions govern all transaction(s) between your Company and Powerside.
  2. Your Company agrees that these Terms and Conditions take precedence over and replace any other Terms and Conditions provided by either your Company or by Powerside, whether prior or subsequent. Your Company agrees that these Terms and Conditions can only be modified in writing signed by Powerside's CEO or by Powerside's Legal Counsel. Your Company explicitly waives and voids any other Terms and Conditions in their entirety, if any, associated with this transaction, including any associated with your Company’s Purchase Order, and your Company substitutes these Terms and Conditions in their place. Powerside explicitly rejects any other Terms and Conditions.
  3. You agree that Powerside’s liability is limited to those liabilities explicitly set out in Powerside's warranty, and that under no circumstances whatsoever will Powerside's liability consequent to, or associated with, this transaction exceeds the amount received by Powerside from your Company for this transaction.
  4. You agree that your payment terms are set out on the Price Quotation received by your Company from Powerside.

Product Warranty

TWO (2) YEAR LIMITED WARRANTY

Powerside warrants its PQube 3 (and its variants), PQube 3 plug-in modules, PQ1, and IPC (“Products”), to be free from defects in material and workmanship. This warranty is effective for two (2) years from the date of shipment of the product to the original purchaser.

EXCLUSIONS AND LIMITATIONS

This Limited Warranty applies only to Products manufactured by Powerside that can be identified by the “PSL” or “Power Standards Lab” or "Powerside" trademark or logo affixed to them. The Limited Warranty does not apply to any non-Powerside hardware products or any software, even if packaged or sold with Powerside hardware. Non-Powerside manufacturers, suppliers, or publishers may provide their own warranties. Software that is distributed by Powerside brand name is not covered under this Limited Warranty. Powerside and its Authorized Service Providers are not liable for any damage to or loss of any data, or any non-Powerside product or part not covered by this warranty.

This warranty does not apply:
(a) to any damage caused by accident, abuse, misuse, misapplication, or non-Powerside products;
(b) if Powerside does not find evidence of product malfunction;
(c) to damage caused by service performed by anyone who is not a Powerside Authorized Service Provider;
(d) to a product or a part that has been modified without the written permission of Powerside;
(e) to a product damaged during shipment;
(f) if any Powerside serial number has been removed or defaced;
(g) if any tamperproof seal is damaged or removed;
(h) if the product is returned in a shipping container that does not offer sufficient shock or vibration protection;
(i) Powerside is notified of the defect after the expiration of the warranty period; or
(j) Powerside is not promptly informed of the defect.

THIS WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. POWERSIDE SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF POWERSIDE CANNOT LAWFULLY DISCLAIM IMPLIED WARRANTIES UNDER THIS LIMITED WARRANTY, ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO THE DURATION OF THIS WARRANTY. No Powerside reseller, agent, or employee is authorized to make any modification, extension, or addition to this warranty. POWERSIDE IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOST PROFITS, DOWNTIME, GOODWILL, DAMAGE TO OR REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH POWERSIDE PRODUCTS, AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT. POWERSIDE SPECIFICALLY DOES NOT REPRESENT THAT IT WILL BE ABLE TO REPAIR ANY PRODUCT UNDER THIS WARRANTY OR MAKE A PRODUCT EXCHANGE WITHOUT RISK TO OR LOSS OF PROGRAMS OR DATA.

Some states and provinces do not allow the exclusion or limitation of incidental or consequential damages or exclusions or limitations on the duration of implied warranties or conditions, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary by state or province.

OBTAINING WARRANTY SERVICE

To return a defective product, contact a Powerside representative or the Powerside factory for an RMA number.

Unauthorized returns will not be accepted and will be returned at the shipper’s expense.

For Powerside products found to be defective within thirty days of receipt by the original purchaser, Powerside will absorb all reasonable (not rush) freight charges for the repair. Products found defective within the warranty period, but beyond the initial thirty-day period, should be returned prepaid to Powerside for repair. Powerside will repair the unit and return it freight pre-paid.

Normal warranty service is performed at Powerside during the weekday hours of 8:00 am to 5:00 pm Pacific time. Warranty repair work requested to be accomplished outside of normal working hours will be subject to Powerside non-warranty service rates (unless otherwise agreed to by Powerside).

A returned product found, upon inspection by Powerside, to be in specification is subject to an inspection fee and applicable freight charges.

Note: Before you deliver your product for warranty service it is your responsibility to keep a separate copy of the data on the PQube memory. Data recovery is not included in the warranty service and Powerside is not responsible for data that may be lost or damaged during transit or a repair.