Revised Nov 15 2014
Applicable Terms. These terms govern the purchase and sale of the equipment / services (Equipment) referred to in Sellers purchase order, quotation, proposal or acknowledgment, as the case may be (Sellers Documentation). Whether these terms are included in an offer or an acceptance by Seller, such offer or acceptance is conditioned on Buyers assent to these terms. Seller rejects all additional or different terms in any of Buyers forms or documents.
Payment. Buyer shall pay Seller the full purchase price as set forth in Sellers Documentation. Unless Sellers Documentation provides otherwise, freight, storage, insurance and all taxes, duties or other governmental charges relating to the Equipment or any included services shall be paid by Buyer. If Seller is required to pay any such charges, Buyer shall immediately reimburse Seller. All payments are due C.O.D. receipt of invoice. Buyer shall be charged the lower of 5% interest per month or the maximum legal rate on all amounts not received by the due date and shall pay all of Sellers reasonable costs (including attorneys fees) of collecting amounts due but unpaid. All orders are subject to credit approval.
NSF chqs surcharged @ $30.00 / chq + Interest @ 2% per Mo
Terms: All Orders are C.O.D ( except authorized by the Office Manager)
By signing this document you agree and fully authorize full entry to property and or buildings on said property (listed on the front of this document) at any point in time, to remove any or all equipment supplied and installed by FLOW WATER SOLUTIONS or any of its affiliates, this authorization commences immediately after the date on the front of this document, for non payment / NSF/ stop payment etc.
Delivery. Delivery of the Equipment shall be in material compliance with the schedule in Sellers Documentation. Unless Sellers Documentation provides otherwise, Delivery terms are F.O.B. Sellers facility.
Changes. Seller shall not implement any changes in the scope of work described in Sellers Documentation unless Buyer and Seller agree in writing to the details of the change and any resulting price, schedule or other contractual modifications. This includes any changes necessitated by a change in applicable law occurring after the effective date of any contract including these terms.
Warranty. Seller warrants to Buyer that the Equipment shall materially conform to the description in Sellers Documentation and shall be free from defects in material and workmanship. If Buyer gives Seller prompt written notice of breach of this warranty within 12 months from delivery or 1 year from acceptance, whichever occurs first (the Warranty Period), Seller shall, at its sole option and as Buyers sole remedy, repair or replace the subject parts or refund the purchase price. If Seller determines that any claimed breach is not, in fact, covered by this warranty, Buyer shall pay Seller its then customary charges for any repair or replacement made by Seller. Sellers warranty is conditioned on Buyers (a) operating and maintaining the Equipment in accordance with Sellers instructions, (b) not making any unauthorized repairs or alterations, and (c) not being in default of any payment obligation to Seller. Sellers warranty does not cover damage caused by chemical action or abrasive material, misuse or improper installation (unless installed by Seller)( See Warranty on Equipment and Expendables bellow). THE WARRANTIES SET FORTH IN THIS SECTION ARE SELLERS SOLE AND EXCLUSIVE WARRANTIES. SELLER MAKES NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE.
Warranty on Equipment and Expendables.(1.a) Warranty on new Equipment installed by “Flow” is 1 Yr from date of Installation.
(1.b) Warranty on Labor on New equipment installed by “Flow” is 1 yr from date of Installation. (1.c) Warranty on Repairs made to Equipment outside of warranty period is 15 Days from date of repair. (1.d) New Uv bulbs are warranted for a period of 30 days from the date of installation by “Flow”. (1.e) Warranty on expendables ( i.e. Filters /chemicals) 10 Days from Installation by “Flow”. (1.f) Warranty on Buyer’s self installed equipment is limited to equipment only, providing the equipment was installed to manufacturers specification is manufacturers warranty. (1.g) There is no warranty if any of all equipment has frozen due to buyers neglect to ensure that the area were the equipment / pipe work was not heated.(1.h) Should buyer be in default of any payment obligations, dispute of payment obligations, there is no warranty until the account has been paid in full along with all collection fees.
Indemnity. Seller shall indemnify, defend and hold Buyer harmless from any claim, cause of action or liability incurred by Buyer as a result of third party claims for personal injury, death or damage to tangible property, to the extent caused by Seller’s negligence. Seller shall have the sole authority to direct the defense of and settle any indemnified claim. Sellers indemnification is conditioned on Buyer (a) promptly, within the Warranty Period, notifying Seller of any claim, and (b) providing reasonable cooperation in the defense of any claim.
1.a Seller is only responsible to a max of $200.00 towards any claims arising out of flooding/ equipment failure( spit tanks / split water lines etc) beyond our control, as we have no control over what happens once our Techs have left the site.
Flexcon tanks 5 yr warranty / submersible pumps 5 yr warranty / jet pumps 1 yr warranty / treatment equipment 1 yr warranty unless specified on front of this document
Force Majeure. Under no circumstances shall either Seller or Buyer have any liability for any breach (except for payment obligations) caused by extreme weather or other act of God, strike or other labor shortage or disturbance, fire, accident, war or civil disturbance, delay of carriers, failure of normal sources of supply, change in law or other act of government or any other cause beyond such party’s reasonable control.
Cancellation. If Buyer cancels or suspends its order for any reason other than Sellers breach, Buyer shall pay Seller for work performed prior to cancellation or suspension and any other direct costs incurred by Seller as a result of such cancellation or suspension.
LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY, SELLER SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, AND SELLERS TOTAL LIABILITY ARISING AT ANY TIME FROM THE SALE OR USE OF THE EQUIPMENT SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE EQUIPMENT. THESE LIMITATIONS APPLY WHETHER THE LIABILITY IS BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY.
Miscellaneous. If these terms are issued in connection with a government contract, they shall be deemed to include those federal acquisition regulations that are required by law to be included. These terms, together with any quotation, purchase order or acknowledgement issued or signed by Seller, comprise the complete and exclusive statement of the agreement between the parties (the Agreement) and supersede any terms contained in Buyers documents, unless separately signed by Seller. No part of the Agreement may be changed or cancelled except by a written document signed by Seller and Buyer. No course of dealing or performance, usage of trade or failure to enforce any term shall be used to modify the Agreement. If any of these terms is unenforceable, such term shall be limited only to the extent necessary to make it enforceable, and all other terms shall remain in full force and effect. Buyer may not assign or permit any other transfer of the Agreement without Sellers prior written consent. The Agreement shall be governed by the laws of the Province in which the goods in question are sold without regard to its conflict of laws provisions.