Bortek Industries, Inc. Terms of Service Agreement

Last Updated: February 1, 2026

These Terms of Service (“Terms”) govern doing business with Bortek Industries, Inc. as well as access to and use of the website, online store, portals, and related services (collectively, the “Services”) These Terms apply exclusively to business customers and not to individual consumers.

By accessing, registering for, or using the Services, you represent that you are acting on behalf of a business entity and agree to be bound by these Terms.

1. Eligibility and Authority

You represent and warrant that: - You are at least 18 years old. - You are acting on behalf of a legally recognized business entity. - You have authority to bind that entity to these Terms.

2. Account Registration and Security

·         Certain Services require account registration.

·         You agree to provide accurate, current, and complete business information.

·         You are responsible for maintaining the confidentiality of login credentials.

·         You are responsible for all activity occurring under your account.

We reserve the right to suspend or terminate accounts with inaccurate information or unauthorized use.

3. Orders and Acceptance

·         All orders placed through the Services are offers to purchase.

·         Orders are not binding until accepted by us, either by written confirmation or shipment.

·         We reserve the right to reject, cancel, or limit orders for any reason, including pricing errors or availability.

4. Pricing, Taxes, and Payment Terms

·         Prices are subject to change without notice.

·         Prices exclude sales tax, use tax, shipping, handling, fuel surcharges, and other applicable charges unless stated otherwise.

·         You agree to pay all applicable federal, state, and local taxes.

·         Payment terms are net as stated on the invoice unless otherwise agreed in writing.

·         We reserve the right to require deposits, advance payment, or revoke credit at any time.

·         Past-due balances shall accrue interest at 1.5% per month (18% annually) or the maximum rate allowed by law, whichever is less.

·         You agree to pay all reasonable costs of collection, including attorneys’ fees, court costs, collection agency fees, and expenses.

·         Right of Setoff: Bortek Industries, Inc. may apply any credits, deposits, rebates, refunds, or amounts otherwise owed to you against any outstanding balance due, whether or not the obligation is disputed.

·         We may suspend deliveries, services, rentals, or online access for accounts past due without liability.

5. Shipping, Delivery, and Risk of Loss

·         Shipping dates are estimates only and not guaranteed.

·         Risk of loss and title pass FOB shipping point unless otherwise agreed in writing.

·         You are responsible for inspecting shipments upon receipt and reporting damage or shortages within 5 business days.

·         Orders shipped via our fleet may be subject to nominal fees depending on purchase volume.

6. Returns, Cancellations, and Restocking

·         Returns require prior written authorization.

·         No returns past 30 days.

·         No returns on most electronic components

·         Authorized returns may be subject to restocking fees.

·         Custom, special-order, or used equipment may be non-returnable.

·         Shipping charges are non-refundable unless otherwise agreed.

7. Equipment Sales, Rentals, and Service

·         Bortek Industries, Inc. provides sales of new and used equipment, equipment rentals, parts sales, and repair or maintenance services.

·         Equipment sales, rentals, and service transactions may be subject to additional written agreements, rental contracts, service work orders, or manufacturer terms.

·         Rental customers are responsible for proper operation, routine care, and compliance with all operating instructions.

·         You assume all risk of loss, theft, or damage to rental equipment from delivery through return and acceptance.

·         Service work is limited to the scope authorized and may be subject to inspection findings or parts availability.

·         Customer orders for custom-built equipment may not be cancelled or returned.

8. Warranties and Disclaimers

·         Products may be covered by manufacturer warranties only.

·         EXCEPT AS EXPRESSLY STATED, ALL PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

·         WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: - WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING LOST PROFITS OR BUSINESS INTERRUPTION. - OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.

10. Indemnification

You agree to indemnify and hold harmless Bortek Industries, Inc. from any claims, damages, losses, liabilities, or expenses (including attorneys’ fees) arising out of your use of the Services, violation of these Terms, or failure to pay amounts due.

CHEMICAL CONCENTRATES & ON-SITE DILUTION LIABILITY

Customer acknowledges that Seller supplies chemical concentrates that require on-site dilution, dispensing, or mixing prior to use.

Customer agrees that:

Seller makes no warranty regarding results achieved from diluted or mixed products, as performance depends on conditions beyond Seller’s control.

DISPENSING SYSTEMS, RENTALS & LOANED EQUIPMENT

Where Seller provides, installs, rents, or loans chemical dispensing systems, proportioners, scrubbers, or related equipment:

Customer agrees to:

Customer assumes all risk of loss, damage, misuse, chemical exposure, or environmental release, regardless of cause, except to the extent caused by Seller’s gross negligence.

Seller shall not be responsible for:

Seller makes no representations or warranties regarding performance where results are affected by:

Dispensing Accuracy & Chemical Results

Seller does not guarantee dilution ratios, chemical performance, or outcomes where deviations are caused by water quality, plumbing conditions, or site variables.
Customer assumes all risk related to:

 

ENHANCED INDEMNIFICATION – CHEMICAL, JANITORIAL & RENTAL USE

Customer shall defend, indemnify, and hold harmless Seller, its officers, employees, agents, and affiliates from any and all claims, demands, losses, damages, penalties, fines, cleanup costs, environmental remediation, regulatory actions, and attorneys’ fees arising out of or related to:

This indemnification obligation applies regardless of negligence, except to the extent prohibited by law, and survives termination.

SDS ACKNOWLEDGMENT & TRAINING RESPONSIBILITY

Customer acknowledges that:

11. Intellectual Property

·         All website content, logos, text, images, and software are owned by or licensed to the Company.

·         No rights are granted except as necessary to use the Services in the ordinary course of business.

12. Confidentiality

Any non-public pricing, terms, or business information disclosed is confidential and may not be shared without written consent.

13. Compliance with Laws

You agree to comply with all applicable federal, state, and local laws, including export control and trade compliance laws.

14. Suspension, Collections, Termination, and UCC Remedies

·         We may suspend or terminate access to the Services, deliveries, rentals, or service work for non-payment or violation of these Terms.

·         Past-due accounts may be subject to a progressive collections process, including reminder notices, formal demand letters, credit holds, service suspension, repossession of rental equipment, and referral to third-party collection agencies or legal counsel.

·         UCC Remedies: To the extent applicable, Bortek Industries, Inc. retains all rights and remedies of a secured party under the Uniform Commercial Code, including the right to repossess equipment without judicial process where permitted by law.

·         You authorize Bortek Industries, Inc. to enter your premises at reasonable times to recover rental or financed equipment, provided such entry can be made without breach of the peace.

·         You waive any requirement for prior notice of repossession or disposition of collateral to the extent permitted by law.

·         You remain responsible for all unpaid amounts, damages, and costs incurred in connection with recovery.

·         You agree that all notices sent electronically, by mail, or included on invoices constitute valid notice.

·         Termination does not relieve you of payment obligations incurred prior to termination.

15. Governing Law and Venue

These Terms are governed by the laws of the State of Pennsylvania, without regard to conflict-of-law principles. Any disputes shall be brought exclusively in the state or federal courts located in Pennsylvania.

16. Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control, including acts of God, labor disputes, supply chain disruptions, or transportation delays.

17. Changes to Terms

We may update these Terms at any time. Updated Terms apply to all outstanding balances and future transactions. Continued use of the Services after changes constitutes acceptance of the revised Terms.

18. Entire Agreement

These Terms, together with any written agreements, invoices, quotes, rental contracts, service work orders, and credit applications, constitute the entire agreement between the parties regarding use of the Services and supersede any prior or conflicting terms.

Online Acceptance, Dunning, and Click-Wrap Agreement

By clicking “I Agree,” “Place Order,” “Submit Order,” or similar acceptance mechanism, or by submitting an order, quote approval, rental request, or service authorization electronically, you: - Affirm that you are an authorized representative of the business customer; - Agree to be legally bound by these Terms of Service; - Agree that electronic acceptance constitutes a binding agreement equivalent to a handwritten signature; - Acknowledge and agree to Bortek Industries, Inc.’s collections and dunning process for past-due accounts; - Agree that failure to dispute an invoice in writing within 10 days of invoice date constitutes acceptance of the charges.

You further agree that Bortek Industries, Inc. may pursue payment through progressive dunning notices, suspension of credit, service interruption, repossession (where applicable), and legal or third-party collection efforts, consistent with these Terms.

Invoice and Statement Notice Language [Add to Invoice footer- Use link for full version]

Invoice Notice: All sales, rentals, and services are subject to Bortek Industries , Inc. (CIE) B2B Terms of Service. Payment is due per invoice terms. Past-due balances accrue interest at 1.5% per month (or maximum allowed by law). Customer agrees to pay all collection costs and attorneys’ fees. Bortek Industries, Inc. | CIE reserves the right to suspend service, shipments, or rentals and to exercise all rights of setoff and remedies under the Uniform Commercial Code, including repossession where applicable.

21. Contact Information

Bortek Industries, Inc.

Address: 4713 Gettysburg Rd. Mechanicsburg, PA 17055
Phone: 717-737-7162
Email: now@sweeperland.com