Conditions of Use

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.

The use of this site or any other site owned or maintained by ONTRACK MACHINERY & PARTS, INC. a corporation organized and existing under the laws of the State of Florida (referred to herein as “Ontrack”) is governed by the policies, terms and conditions set forth below. Please read them carefully. Your use of this site signifies your acceptance of the terms and conditions set forth below. Your order placed on this site signifies your acceptance of the terms and conditions set forth below.

1. PRIVACY & SECURITY; DISCLOSURE

1-1. Ontrack’s privacy policy may be viewed at ontrackmachinery.com/privacy

1-2. Ontrack expressly reserves the right to modify its privacy policy in its reasonable discretion from time to time.

2. PAYMENT TERMS AND METHODS

2-1. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order.

2-2. All payments must be made in United States dollars.

2-3. Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described below.

2-4. Credit and Debit Cards

Ontrack accepts payment via U.S. issued credit and debit cards:

○ Visa

○ MasterCard

○ American Express - ( No refunds - store credit only )

○ Discover

When placing an order online, you will need:

a. The address the card’s statement is sent to (billing address).

b. The card number and expiration date.

c. The 3 or 4 digit code found only on the card (CVV2 code).

You represent and warrant that: (i) the credit card information you supply to us is true, correct and complete; (ii) charges incurred by you will be honored by your credit card company; and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

2-5. Paypal

Ontrack accepts payment made through Paypal. An option to make payment via Paypal is located on Ontrack’s payment information page and you will be redirected to the Paypal website to make payment when you select to checkout with Paypal.

2-6. Check/Money Order

Ontrack accepts payment via check and money order. Please make your check or money order payable to:

Ontrack Machinery & Parts Inc. Checks and money orders shall be mailed to Ontrack at the following address:

8311 NW 64 ST #8 Miami, FL 33166

Your order will not ship until we receive payment.

2-7. Bank/wire Transfer

Ontrack accepts payment via bank/wire transfer. Please contact Ontrack at the number(s) listed below to initiate the wire transfer of payment to Ontrack. All such fees associated with the wire transfer shall be borne by you as a cost of the transaction.

Toll Free#8666767452 Tell#3054206096 Fax#3055923828 Email: sales@omap.bz

Your order will not ship until we receive payment.

3. SHIPPING POLICIES

3-1. Shipping within the United States

Ontrack offers a variety of shipping options to meet your shipping needs. Ontrack ships orders within the 50 United States via UPS, FedEx and USPS. The arrival time of your order depends on product availability, and your selection of shipping method at checkout. Accurate shipping address and phone number are required. Your signature may be required for delivery. All shipping prices are quoted in United States dollars.

These shipping terms are accepted by you by placing an order with us.

4. DELIVERY CONFIRMATION

Because many instances may occur at your delivery address that are beyond our control, you agree that any delivery confirmation provided by the carrier is deemed sufficient proof of delivery to the card holder, even without a signature.

5. RETURN AND CANCELLATION POLICY

If the item(s)/part(s) ordered are non-conforming or unsatisfactory, you may return the item or unused portion of your order within 21 days from the date that the product was originally shipped to you. Subject to the following terms, you will be provided a refund for the amount you paid for the non-conforming or unsatisfactory item minus a 20% restocking charge. To obtain a full refund, your return must be approved and postmarked 21 days from the date that the product was originally shipped to you.

The following terms apply for all returned items:

○ To return a product for an exchange or refund you will need to obtain a Return Merchandize Authorization (RMA) number by contacting the billing department at sales@omap.bz

○ An RMA number can ONLY be obtained by contacting the Ontrack billing department at sales@omap.bz

○ Ontrack cannot process or refund packages marked “Return to Sender.”

○ Refunds will be issued to the same credit card that was charged when ordering the product.

○ Shipping charges and return shipping charges are not refundable in any case.

○ To ensure a refund is processed for you, please send returns to the address provided along with your RMA number. The RMA number must be clearly written on the package that you are sending back. Our shipping department is NOT allowed to accept any packages without an RMA number.

Returned products must be sent to the following address:

Ontrack Machinery & Parts, Inc.

c/o Returns Department

8311 NW 64t5h St. #8

Miami, FL 33166

Ontrack is not responsible for lost or stolen items. You must insure the shipment or accept the risk of loss or damage during shipment. We strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.

After the shipping department receives your return, it generally takes 20 business days or sooner to process your refund. Once a return is processed, the amount of time for this return to be posted to your account is dependent upon your financial institution and method of payment.

6. CHARGEBACK POLICY

All references to a “chargeback” refer to a reversal of a credit/debit card charge placed on ontrackmachinery.com including but not limited to reversal of payment(s) to Ontrack that were made using Paypal. There is no reason for a chargeback to ever be filed. If a credit is due, simply contact us and we will gladly issue it. Unnecessary chargebacks are theft and can be prosecuted. If you feel that your credit/debit card was used fraudulently on ontrackmachinery.com, please contact us for immediate resolution.

YOU AGREE THAT YOU WILL NOT CHARGEBACK ANY AMOUNTS CHARGED TO YOUR CREDIT/DEBIT CARD ON THIS SITE. IF YOU CHARGEBACK A CREDIT/DEBIT CARD CHARGE FOR A PAYMENT INITIATED BY YOU, YOU AGREE THAT THIS SITE MAY RECOVER THE AMOUNT OF THE CHARGEBACK IN ADDITION TO $75.00 BY ANY MEANS DEEMED NECESSARY, INCLUDING BUT NOT LIMITED TO RECHARGING YOUR CREDIT/DEBIT CARD OR HAVING THE AMOUNT RECOVERED BY A COLLECTION AGENCY.

7. ORDERING DISCLAIMER

Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. Ontrack reserves the right to accept or deny shipment to anyone for any reason. Orders will only deemed to have been accepted upon affirmative action by Ontrack at its principal offices in Miami, Florida. Ontrack reserves the right to require additional information before processing any order. If an order appears fraudulent in any way, Ontrack reserves the right to cancel the order, notify the card holder and the proper authorities.

8. PRODUCT DISCLAIMERS; DISCLAIMERS OF WARRANTY

ONTRACK MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY, WHETHER EXPRESS OR IMPLIED, AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THIS SITE. ONTRACK DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SITE OR ONTRACK’S PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU

THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY ONTRACK.

9. LIMITATION OF LIABILITY

IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE 6 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SITE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN ANY INFORMATION CONTAINED HEREIN, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.

10. NOTICE

Ontrack may give notice by means of a general notice on the ontrackmachinery.com website, electronic mail to your e-mail address on record in Ontrack’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in Ontrack’s account information. Such notice shall be deemed to have been given upon the expiration of 3 business days after mailing or posting (if sent by first class mail or pre-paid post) or 3 business days after sending (if sent by e-mail). You may give notice to Ontrack (such notice shall be deemed given when actually received by Ontrack) at any time by any of the following: letter sent by confirmed facsimile during normal business hours to Ontrack at the following fax number: 305-592-3828, or by letter delivered by the mail, registered or certified, return receipt requested, postage prepaid to Ontrack at the following address: 8311 NW 64th St. #8, Miami, FL 33166.

11. MODIFICATION TO TERMS

Ontrack reserves the right to modify the terms and conditions of this Agreement or its policies

relating to its products and services at any time, effective upon posting of an updated version of this Agreement on the ontrackmachinery.com Website. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.

12. Governing Law and Statute of Limitations

With respect to U.S. Customers, this Agreement shall be governed by Florida law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to the personal and exclusive jurisdiction of the courts located within Miami, Florida. You agree that any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction and venue of the state and federal courts located in Miami, Florida. You agree that any cause of action brought by you against Ontrack must be instituted within one year after the cause of action arises or it shall be deemed forever waived and barred.

13. Severability

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.

14. General

No joint venture, partnership, employment, or agency relationship exists between you and Ontrack as a result of this agreement or use of this Website. The failure of Ontrack to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless expressly acknowledged and agreed to by Ontrack in writing. These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these terms and conditions, these terms and conditions shall take precedence. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and service available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

15. DEFINITIONS

As used in this Agreement and in any Order Forms now or hereafter associated herewith: “Agreement” means these online terms of use, any Order Forms, whether written or submitted online via the ontrackmachinery.com Web Site, and any materials available on the Ontrack Website specifically incorporated by reference herein, as such materials, including the terms of this Agreement, may be updated by Ontrack from time to time in its sole discretion; “Effective Date” means the earlier of either the date this Agreement is accepted by selecting the “I Accept” option presented on the screen prior to completing your order, the Effective date on the subscription form or the date you begin purchasing products from this site; “Order Form(s)” means the form evidencing your purchase from this site and any subsequent order forms submitted online or in written form, each such Order Form to be incorporated into and to become a part of this Agreement (in the event of any conflict between the terms of this Agreement and the terms of any such Order Form, the terms of this Agreement shall prevail); “Ontrack” means collectively Ontrack Machinery & Parts, Inc., a corporation organized and existing under the laws of the State of Florida doing business as “ontrackmachinery.com” and having an office at 8311 NW 64th St. #8, Miami, FL 33166 together with its officers, directors, shareholders, employees, agents and affiliated companies.

14. QUESTIONS OR ADDITIONAL INFORMATION:

If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to sales@ontrackmachinery.com

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