This website is operated by DGS Energy, LLC (“DGS”). Your use of this website and/or your purchase of products from DGS bind you to the below Terms and Conditions (“Terms”). Any reference to or mention of “dgsenergy.com”, “us”, “we”, or “our” expressly includes DGS, and vice versa.
DGS’s order system automatically submits your order to our warehouse for picking, packing, and shipping, and you cannot cancel an order once you have placed it. If you violate these Terms in any way, we may cancel your order at our sole discretion. If we cancel your order due to a violation of these Terms, you will receive a refund of the amount of your purchase minus a $40 cancellation fee or 5% of your total purchase amount, whichever is greater. You also understand that if you refuse to accept delivery of an order that you placed, then we will charge you the full cost of shipping plus a restocking fee equal to 20% of the value of your order. In this instance, the “full cost of shipping” is the cost to ship from our warehouse to your shipping address, plus the cost to ship back to the warehouse (which is the same amount of the initial shipment to your shipping address). You will receive back the remainder of your original payment as a store credit, not as a refund.
DGS’s products are unique, and therefore DGS does not accept returns for defective or damaged product if you fail to notify us of such issues within 30 days of their order date. If anything is wrong with your product, we want to make it right, we just ask that you report any issues immediately, and especially within 30 days of your order date so that you can be helped promptly. We do not accept returns unless your product is defective or damaged. To discuss any returns or refunds, please contact us. If we choose to accept your return, you understand that we may, at our sole option, choose to reimburse you by either a refund, a store credit, or a replacement of the product you ordered.
You fully understand and agree that once your order is given to the shipping carrier, DGS no longer has control over your order and all risk of loss passes to you and/or the shipping carrier. You agree that once such shipping carrier delivers your order to your address, you bear responsibility for the products.
Warranties and Disclaimers
We offer a 6-month limited warranty on all refurbished PTAC units, with the aim to replace any damaged or defective unit subject to these terms. Warranty claims must be made within 6 months from the date you purchased the relevant unit(s). You must contact us and provide us with the unit identification number, as well as answer a series of questions to help us better evaluate your claim. We reserve the right to deny any warranty claim if we in our sole discretion believe the claim is frivolous or fraudulent, that the claim is for cosmetic issues like flaking or denting (instead of damage or defect), or if our investigation reveals that your units’ alleged damage or defect was caused by something other than our refurbishment process.
All warranty claims related to factory-new products should be directed to the product manufacturer, not DGS.
OTHER THAN THOSE EXPRESSLY INCLUDED HEREIN, DGS ENERGY, LLC MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE, ITS CONTENTS, ITS SERVICES, OR THE PRODUCTS YOU ORDER FROM DGS ENERGY, LLC. WE HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO YOUR USE OF THIS WEBSITE INCLUDING ANY PRODUCTS OR SERVICES PROVIDED OR PURCHASED. DGS ENERGY, LLC DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS OR ITS EMAIL WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). DGS ENERGY, LLC DOES NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA, INCLUDING WITHOUT LIMITATION ANY MODELS SUBMITTED BY YOU WHEN YOU REQUEST A QUOTE.
Release of Liability and Indemnification Obligations
Nothing contained on dgsenergy.com or otherwise published or communicated by DGS will be construed as providing consult or advice to you. Thus, DGS expressly disclaims any and all liability for the accuracy of information provided to you, and for how you use information provided to you, by DGS, and you understand and acknowledge that DGS cannot be held liable for how you or anyone else uses any information you receive from DGS. Therefore, you explicitly agree to release, hold harmless, indemnify, and pay to defend DGS and its owners, agents, officers, and employees against any resulting claims, actions, damages, costs, fines, investigations, assessments, and expenses (including reasonable attorney’s fees) and/or civil liability or criminal prosecution arising from or related to your use of the site and/or any information provided by DGS, including all information on the website and all information published or communicated by representatives or agents of DGS. Additionally, you also fully understand and agree that by placing an order with dgsenergy.com, you alone are responsible for how the products you purchased from dgsenergy.com are used by you and any other party. You explicitly agree to release, hold harmless, indemnify, and pay to defend DGS, its owners, officers, employees, and agents, against any and all civil or criminal claims, claims, actions, damages, costs, fines, investigations, assessments, liabilities, and expenses (including reasonable attorneys’ fees) arising from or related to the products you have purchased. If another party files a claim of any kind against DGS related to your purchase or use of products you ordered from dgsenergy.com, you explicitly agree to release, hold harmless, indemnify and pay to defend DGS, its owners, officers, employees, and agents, against any and all civil or criminal claims, claims, actions, damages, costs, fines, investigations, assessments, liabilities, and expenses (including reasonable attorney’s fees).
Limitation of Liability
DGS liability for any claims, actions, injury, loss or damage of any kind, including, without limitation, personal injury, death, or property damage, arising from your use of the website or your purchase of products from DGS, shall be limited and capped at the selling price of the products you purchased. This liability shall be exclusive. Furthermore, to the extent you purchase used or refurbished products from DGS to benefit from a more affordable price, you agree to accept the risks of obtaining and using these less-than-new units. If you would like DGS to assume greater liability, you may contact DGS to discuss modified terms.
PRODUCT WARNING REGARDING HCFC-22
Some packaged terminal air conditioners units sold by DGS contain HCFC-22 (CHF2Cl) Monochlorodifluoromethane, a substance which harms public health and environment by destroying ozone in the upper atmosphere. Please contact DGS or the product manufacturer for more details.
Class Action Waiver
You explicitly agree that any dispute resolution proceedings, including but not limited to, litigation, arbitration, and mediation, will be conducted only on an individual basis and not in a class, consolidated, or representative action. By making this express agreement, you acknowledge and affirm that this is a knowing, voluntary, and permanent waiver of any right to bring federal, state, or local claims as any part of, or on behalf of, any class or any other individuals, before a court or other tribunal.
YOU EXPLICITLY AGREE THAT IN NO EVENT WILL DGS ENERGY, LLC BE LIABLE TO YOU FOR ANY INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, PUNITIVE DAMAGES, INDIRECT DAMAGES, LOSS OF PROFITS, LOSS OF REVENUES, OR LOSS OF USE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THESE LIMITATIONS AND EXCLUSIONS WILL APPLY REGARDLESS OF WHETHER LIABILITY ARISES FROM BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), BY OPERATION OF LAW, OR OTHERWISE.
Trademarks & Copyrights
You expressly acknowledge that all content on dgsenergy.com is the exclusive intellectual property of DGS, and all such rights (whether under copyright, trademark, common law, or any other form of intellectual property ownership) are reserved to and by DGS alone. You expressly agree not to take any action inconsistent with DGS’s intellectual property rights.
Recording Customer Phone Calls
Our goal is to at all times give you first-class customer service. In furtherance of that goal, we may record your phone calls with DGS, so we can monitor how we’re doing and evaluate how we can improve. You explicitly authorize DGS to record and monitor your phone calls with any of its agents or representatives.
- Should DGS employ an attorney to collect payment, to otherwise enforce these Terms, or to enforce any judgment based thereon, DGS will be entitled to receive its reasonable attorneys’ fees and costs.
- These Terms will be construed under the laws of the State of Tennessee, regardless of conflict of law principles. Any legal actions arising from these Terms must be filed within a court located in Knox County, Tennessee. Any legal action filed within any other jurisdiction shall be immediately removed to a court within Knox County, Tennessee.
- If any provision of these Terms is declared by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of these Terms will continue in full force and effect, and the offending provision will be construed so as to be valid and enforceable in keeping with the parties’ intent.
- The waiver by DGS of a breach of any provision of these Terms by Client will in no way be construed as a waiver of any succeeding breach of such provision or a waiver of the provision itself. No waiver of any provision of these Terms, whether by conduct or otherwise, in any one or more instances, will constitute a waiver of any other provision, nor will such waiver constitute a continuing waiver, and no waiver will be binding unless executed in writing.
- The rights and remedies of DGS under these Terms are not exclusive, but are cumulative, and are in addition to all other rights and remedies provided by law or equity.