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Professional Beverage Systems

Professional Beverage Systems Terms of Service

Effective Date: April 10, 2025

1. Acceptance of Terms

Welcome to Professional Beverage Systems ("PBS", "Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the services provided by Professional Beverage Systems, including but not limited to the installation, maintenance, repair, leasing, and sale of beverage systems, equipment, and related products, as well as any associated consultations, support, or communication (collectively, the "Services").

By engaging our Services (including requesting a quote, signing a service agreement, accepting delivery of equipment, allowing service personnel access, or using our website or communication channels), you ("Customer," "you," or "your") agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use our Services. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.   

2. Description of Services  

Professional Beverage Systems provides comprehensive solutions for beverage dispensing systems. Specific details regarding the scope of work, equipment provided, service schedules, and deliverables will be outlined in separate documents such as quotations, proposals, service agreements, work orders, or invoices, which are incorporated into these Terms by reference.

3. Customer Responsibilities

To enable us to provide the Services effectively, you agree to:

  • Provide accurate, complete, and current information necessary for the provision of Services (e.g., contact details, site information).
  • Provide safe and timely access to your premises, equipment, and necessary utilities (e.g., power, water) as reasonably required by our personnel to perform the Services.
  • Operate and maintain any provided or serviced equipment in accordance with manufacturer guidelines, our instructions, and applicable health and safety regulations.
  • Promptly notify us of any issues, malfunctions, or concerns regarding the equipment or Services.
  • Ensure your premises comply with relevant laws and regulations pertaining to the installation and operation of beverage systems.
  • Not permit any unauthorized third party to modify, repair, or tamper with equipment installed or serviced by us, especially if under warranty or a service agreement, without our prior written consent.

4. Orders, Payment, and Billing

  • Pricing: Prices for Services and equipment will be specified in the relevant quotation, service agreement, or invoice. Prices are subject to change, but changes will typically not affect accepted orders or active agreement periods unless otherwise specified.
  • Payment: Payment terms (e.g., due upon receipt, net 30 days) will be specified on the invoice or service agreement. You agree to pay all applicable fees and charges for the Services rendered and equipment provided.
  • Late Payments: Overdue amounts may be subject to interest charges at the maximum rate permitted by Minnesota law, or a specified rate (e.g., 1.5% per month), whichever is higher. We reserve the right to suspend Services or take other collection actions for unpaid balances.
  • Taxes: All fees are exclusive of applicable taxes (e.g., sales tax, use tax), which will be added to your invoice and are your responsibility to pay, unless you provide a valid tax exemption certificate.

5. Equipment (If Applicable)

  • Ownership: Title to purchased equipment passes to you upon full payment. Leased or loaned equipment remains the property of Professional Beverage Systems or its leasing partner.
  • Care of Leased/Loaned Equipment: You are responsible for the routine care and safekeeping of any equipment leased or loaned to you, unless we separately agree that PBS will be responsible for such routine care. You may be liable for damage beyond normal wear and tear, loss, or theft of such equipment.

6. Intellectual Property

All materials provided by us, including branding, logos, service marks, documentation, manuals, and website content, are the intellectual property of Professional Beverage Systems or its licensors and are protected by intellectual property laws. You are granted no rights or licenses to our intellectual property except as explicitly stated in a specific agreement.

7. Confidentiality

Each party may receive confidential information from the other. Both parties agree to use reasonable care to protect the other's confidential information and not disclose it to third parties, except as necessary to perform the Services, or as required by law. This obligation survives the termination of the agreement.

8. Warranties and Disclaimers

  • Service Warranty: We warrant that the Services will be performed in a professional and workmanlike manner consistent with industry standards. Specific warranties on parts and labor may be provided in individual service agreements or manufacturer documentation. Your sole remedy for breach of this service warranty is re-performance of the non-conforming Service or, at our discretion, a refund for the non-conforming portion.
  • Disclaimer: EXCEPT AS EXPRESSLY STATED IN THESE TERMS OR A SEPARATE WRITTEN AGREEMENT, THE SERVICES AND ANY EQUIPMENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." PROFESSIONAL BEVERAGE SYSTEMS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR MEET YOUR SPECIFIC REQUIREMENTS.  

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROFESSIONAL BEVERAGE SYSTEMS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR EQUIPMENT; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY; (iii) ANY EQUIPMENT MALFUNCTION NOT DIRECTLY CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; OR (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR INFORMATION OR EQUIPMENT.  

IN NO EVENT SHALL PROFESSIONAL BEVERAGE SYSTEMS' AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES OR EQUIPMENT EXCEED THE AMOUNT PAID BY YOU TO US FOR THE SPECIFIC SERVICE OR EQUIPMENT GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to defend, indemnify, and hold harmless Professional Beverage Systems, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with (i) your access to or use of the Services or equipment; (ii) your violation of these Terms; (iii) your violation of any third-party right, including any intellectual property or privacy right; or (iv) your negligence or willful misconduct.  

11. Term and Termination

  • Term: These Terms become effective upon your first use of the Services and continue until terminated by either party. Specific service agreements may have defined terms.
  • Termination: You may terminate your relationship with us by ceasing to use the Services and settling any outstanding payments. We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including breach of these Terms or non-payment.  
  • Survival: Sections concerning Payment, Intellectual Property, Confidentiality, Disclaimers, Limitation of Liability, Indemnification, Governing Law, and Miscellaneous provisions shall survive any termination. Upon termination, you must pay any outstanding amounts owed and, if applicable, arrange for the return of any leased equipment.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of law principles. Any legal suit, action, or proceeding arising out of or related to these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Minnesota located in the relevant county. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.  

13. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide notice (e.g., via email, website posting, or invoice notification) prior to the new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms.  

14. Miscellaneous

  • Entire Agreement: These Terms, together with any referenced quotations, service agreements, work orders, or invoices, constitute the entire agreement between you and Professional Beverage Systems regarding the Services and supersede all prior agreements or understandings.
  • Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.  
  • Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.  
  • Force Majeure: Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, labor conditions, governmental actions, or utility failures.  
  • Notices: Any notices required or permitted under these Terms should be sent to the contact information provided below or on your invoice/agreement.
  • Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.

15. Contact Information

If you have any questions about these Terms, please contact us at:

Professional Beverage Systems 6935 146th St W B, Apple Valley, MN 55124, United States | 952-891-2077 | info@probeverage.com