Last Updated Date: January 1, 2024
These Terms of Use constitute an agreement (“Agreement”) between Teske PC and the customer (“Customer”) and applies to all sales and transactions. Teske reserves the right to change or modify any of these conditions at any time, with or without notice.
These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through teske.com (the “Site”). These Terms are subject to change by Teske PC (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
These Terms are an integral part of the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site.
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS SITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS SITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH TESKE PC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THIS SITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
No Third-Party Beneficiaries. These Terms are for the sole benefit of the Parties and their permitted successors and assigns, and nothing herein expressed or implied will give or be construed to give to any Person, other than the Parties and such permitted successors and assigns, any legal or equitable rights hereunder.
Mutual Limitation of Liability. No Party may bring a legal action against another Party, including arbitration, for any breach of these Terms unless the action is brought within two (2) years and one day from the date of the cause of action.
Governing Law. These Terms will be governed by, and construed in accordance with, the Laws of the State of Texas, without regard to its conflict-of-laws rules. As additional consideration negotiated between the Parties for entering into these Terms, the Parties agree that any suit, action or proceeding seeking to enforce any provision of, or based on any matter relating to, arising out of or otherwise attributable to these Terms shall be Bexar County, Texas.
JURISDICTION; VENUE. Any suit, action or proceeding seeking to enforce any provision of, or based on any matter relating to, arising out of or otherwise attributable to this Agreement or the transactions contemplated hereby may be brought in a Texas state court in Bexar County, or in a federal district court sitting in Bexar County. Each Party (a) consents to the exclusive jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding, (b) irrevocably waives, to the fullest extent permitted by Law, any objection it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding that is brought in any such court has been brought in an inconvenient forum, (c) will not attempt to deny or defeat such personal jurisdiction by motion or other request for leave from any such court, and (d) will not bring any action relating to this Agreement or any of the transactions contemplated by this Agreement in any other court. Process in any such suit, action or proceeding may be served on either Party anywhere in the world, whether within or without the jurisdiction of any such court. Without limiting the foregoing, each Party agrees that service of process on such Party as provided for in the Notices Paragraph will be deemed effective service of process on such Party.
WAIVER OF JURY TRIAL. CUSTOMER, AFTER CONSULTATION WITH AN ATTORNEY OF THEIR OWN SELECTION (WHICH COUNSEL WAS NOT DIRECTLY OR INDIRECTLY IDENTIFIED, SUGGESTED, OR SELECTED BY THE OTHER PARTY), BOTH VOLUNTARILY WAIVE A TRIAL BY JURY OF ANY OR ALL ISSUES ARISING IN ANY ACTION OR PROCEEDING BETWEEN THE PARTIES HERETO OR THEIR SUCCESSORS, UNDER OR CONNECTED WITH THESE TERMS, OR ANY OF ITS PROVISIONS.TESKE PC AND CUSTOMER ACKNOWLEDGE TO EACH OTHER THAT TESKE PC AND CUSTOMER ARE NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION.
ARBITRATION (“Arbitration”). ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. THE CONSIDERATION FOR THIS SECTION IS US OFFERING A PRODUCT FOR SALE AND YOU AGREEING TO PURCHASE FROM US A PRODUCT OR SERVICE. IN THE EVENT OF ANY DISPUTE OR CONTROVERSY ARISING OUT OF, OR RELATING TO, THESE TERMS, THE PARTIES AGREE TO SUBMIT SUCH DISPUTE OR CONTROVERSY TO BINDING ARBITRATION THROUGH THE MUTUAL SELECTION OF AN ARBITRATOR FROM THE ACADEMY OF DISTINGUISHED NEUTRALS FROM SAN ANTONIO, TEXAS. ALL CLAIMS, DEMANDS, DISPUTES, CONTROVERSIES, AND DIFFERENCES THAT MAY ARISE BETWEEN US AND THE CUSTOMER ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE SUBMITTED TO BINDING ARBITRATION, WHICH SHALL BE GOVERNED BY THE PROVISIONS OF THE AMERICAN ARBITRATION ASSOCIATION (AAA). ARBITRATION IS A FORUM FOR THE RESOLUTION OF DISPUTES IN WHICH EACH PARTY AND COUNSEL FOR THE PARTY, IF ANY, PRESENT THE POSITION OF THE PARTY BEFORE ONE IMPARTIAL THIRD-PARTY ARBITRATOR WHO RENDERS A SPECIFIC AWARD. THE PARTIES AGREE THAT THE COST OF ARBITRATION SHALL BE SHARED EQUALLY BY THE PARTIES. IT IS ACKNOWLEDGED AND AGREED THAT BOTH PARTIES ARE AND KNOWLEDGEABLE IN MATTERS RELATED TO THE SITE, HAVE DEALT WITH EACH OTHER AT ARMS-LENGTH, HAD THE OPPORTUNITY TO SEEK LEGAL COUNSEL AS PART OF THE NEGOTIATION OF THIS SECTION, AND THIS SECTION IS AGREED TO AS PART OF THE CONSIDERATION FOR THE PURCHASE PRICE. FURTHERMORE, THE PARTIES AGREE THAT EACH PARTY SHALL BEAR ITS OWN ATTORNEY’S FEES. THE PARTIES AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE ARBITRATED EXCLUSIVELY IN BEXAR COUNTY, TEXAS. THE AFOREMENTIONED CHOICE OF VENUE IS INTENDED BY THE PARTIES TO BE MANDATORY AND NOT PERMISSIVE IN NATURE, THEREBY PRECLUDING THE POSSIBILITY OF LITIGATION BETWEEN THE PARTIES WITH RESPECT TO OR ARISING OUT OF THIS AGREEMENT IN ANY JURISDICTION OTHER THAN THAT SPECIFIED IN THIS SECTION. EACH PARTY HEREBY WAIVES ANY RIGHT IT MAY HAVE TO ASSERT THE DOCTRINE OF FORUM NON CONVENIENS OR SIMILAR DOCTRINE OR TO OBJECT TO VENUE WITH RESPECT TO ANY PROCEEDING BROUGHT IN ACCORDANCE WITH THIS SECTION AND STIPULATES THAT THE ARBITRATOR SHALL HAVE IN PERSONAM JURISDICTION AND VENUE OVER EACH OF THEM FOR THE PURPOSE OF LITIGATING ANY DISPUTE, CONTROVERSY, OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT. EACH PARTY HEREBY AUTHORIZES AND ACCEPTS SERVICE OF PROCESS SUFFICIENT FOR PERSONAL JURISDICTION IN ANY ACTION AGAINST IT AS CONTEMPLATED BY THIS SECTION BY REGISTERED OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED, POSTAGE PREPAID, TO ITS ADDRESS (FOR TESKE PC AT THE PRIMARY CORPORATE OFFICE IN SAN ANTONIO, TEXAS) AND FOR THE CUSTOMER, THE CURRENT ADDRESS IN THE CUSTOMER’S ACCOUNT, FOR THE GIVING OF NOTICES AS SET FORTH IN THIS AGREEMENT. THE DECISION OF THE ARBITRATOR SHALL BE FINAL AND BINDING ON ALL THE PARTIES TO THE ARBITRATION AND MAY BE ENFORCED BY A COURT OF COMPETENT JURISDICTION. THE ARBITRATOR MAY GRANT ANY REMEDY APPROPRIATE INCLUDING, WITHOUT LIMITATION, INJUNCTIVE RELIEF OR SPECIFIC PERFORMANCE. IF YOU DO NOT AGREE WITH THIS PROVISION, DO NOT MAKE A PURCHASE FROM THIS SITE.
No Other Representations or Warranties. Except for the representations and warranties made to Purchaser in these Terms or in any other document delivered by Teske PC pursuant to these Terms, Teske PC does not make any other representation or warranty to Customer, including, without limitation, any representation or warranty, including the warranty of merchantability and fitness for a particular purpose.
Entire Agreement. This Agreement supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this shall be valid or binding. The Parties agree that this Agreement contains all agreements between the Parties.
Successors and Assigns. The provisions of this Agreement will be binding upon and inure to the benefit of the Parties and their respective legal representatives, successors and permitted assigns. No Party may assign, delegate, or otherwise transfer any of its rights or obligations under this Agreement (including any transfer by way of merger or operation of law) without the consent of the other Party.
Waivers. Any provision of this may be amended or waived if, but only if, such waiver is in writing and is signed by the Party against whom the waiver is to be effective. No failure or delay by either Party in exercising any right, power or privilege hereunder will operate as a waiver thereof nor will any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
Ambiguities Not to Be Construed against Party Who Drafted This Agreement. All provisions of this Agreement have been negotiated by both Parties at arm’s length and neither party shall be deemed the scrivener of this Agreement. The rule of construction that ambiguities in a document will be construed against the party who drafted it will not be applied in interpreting this contract. Teske PC and Customer acknowledge that (i) each Party has carefully read and understands the provisions of this Agreement, (ii) each Party has the right to seek independent legal advice at its own expense, and (iii) each Party has proposed modifications prior to signing the Agreement and has negotiated proposed modifications to the extent each Party deems necessary. Teske PC and Customer represent and warrant that each Party has entered into this Agreement voluntarily and after consulting with whomsoever each Party desired.
No Partnership. These Terms do not create a common law or de facto partnership, and no principal-agent relationship exists between the Parties.
Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Attorney’s Fees. If either Party retains an attorney to enforce these Terms, the Party prevailing in litigation is entitled to recover reasonable attorney’s fees and other fees and court and other costs.
Severability. If any provision of this Agreement or the application of any such provision to any person or circumstance is held invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, the remainder of the provisions of this Agreement (or the application of such provision in other jurisdictions or to persons or circumstances other than those to which it was held invalid, illegal or unenforceable) will in no way be affected, impaired or invalidated; and, to the extent permitted by applicable Law, any such provision will be restricted in applicability or reformed to the minimum extent required for such provision to be enforceable. This provision will be interpreted and enforced to give effect to the original written intent of the Parties prior to the determination of such invalidity or unenforceability.
Headings. The headings in these Terms are for convenience of reference only and will not control or affect the meaning or construction of any provisions hereof.