By signing this contract acceptance, the Purchaser agrees to the terms and conditions of this document and the Aquatech-USA Sales and Service Agreement.
Unless otherwise specifically agreed in writing by Aquatech-USA, the total price for Equipment or services provided by Aquatech-USA to Purchaser is due and payable to Aquatech-USA, without any setoff or other deductions. Aquatech-USA may, in its sole discretion, extend to Purchaser an open credit account in accordance with and subject to the terms specified in the Aquatech-USA standard Credit Agreement, a copy of which shall be provided to Purchaser upon request.
A finance charge shall be imposed on any balance not received within (30) days and to all past due accounts. The Finance charge is a periodic monthly rate of 1.5% of which the corresponding annual rate is 18%. Purchaser agrees to pay all costs incurred in the enforcing of this agreement, including reasonable attorney’s fees, this agreement is a New Jersey contract and shall be governed by the laws and jurisdiction of the state of New Jersey. There will be no exceptions or arrangements, express or implied herein unless it is obtained in writing from an authorized representative of Aquatech-USA. Purchaser authorizes Aquatech-USA to obtain credit information and agrees to the release of credit information. A photocopy or fax shall be given the same effect as the original. This agreement shall continue without exception. Aquatech-USA shall maintain all right, title, and interest to said equipment, parts and supplies until equipment, parts and supplies are paid in full.
A $35.00 handling charge on returned checks. There is a non-refundable 3% processing fee on all credit card transactions. No merchandise is to be returned without written authorization and approval. A 25% restocking/handling charge will apply to non-defective approved returns, after the return is received and inspected by Aquatech-USA. All shipping and freight charges on all returns are non-refundable and the responsibility of the Purchaser. Any deposits collected upon receipt of order are non-refundable. All transactions are in US dollars.
If Purchaser is exempt from sales tax, please include a copy of Purchaser’s tax exemption certificate. Purchaser will be notified by the Aquatech-USA Accounting Department if further information is required. Purchaser will receive an email from the Aquatech-USA Accounting Department with a confirmation letter stating said Purchaser credit limit, and payment terms.
Aquatech-USA reserves the right to repair or replace defective products.
Customs duties and VAT not included for shipments outside of the U.S.
Purchaser shall inform Aquatech-USA of any management changes within Purchaser’s company structure. Purchaser acknowledges that any unapproved item(s) that have been stored in an Aquatech-USA facility after 90 days, will be forfeited and shall become property of Aquatech-USA. Aquatech-USA will make reasonable attempts to contact the Purchaser verbally, in written form, or electronic communication but if no response from the Purchaser is received, Aquatech-USA has the right to destroy or sell the item(s) to recover any repair, diagnostic, storage, and/or legal fees.
Purchaser acknowledges that: (i) not all items are repairable, (ii) that when repair is in process, there are situations wherein it is discovered that the item has extensive damage or unsafe, and (iii) parts may be unavailable, which may cause the items to be unrepairable. If Aquatech-USA determines, in its sole discretion, that an item is not reasonably capable of being repaired and/or unsafe to repair, then Aquatech-USA will make reasonable efforts to quote Purchaser on a comparable exchange or on a new comparable item of equipment. If none of these options fulfill the Purchaser’s requirements, then Aquatech-USA will return the Purchaser’s item back to the Purchaser or Aquatech-USA will dispose of the item if requested by Purchaser.
Purchaser acknowledges that shipping, credit card fees, processing fees, and wire transfer fees are not reflected on the initial quotes from Aquatech-USA. Accordingly, all shipping, credit card fees, processing fees, and wire transfer fees are additional costs, to the Purchaser, and all such costs will be included on the final billing statement unless expressly provided otherwise in this Agreement or in writing by Aquatech-USA.
All transactions are in U.S. Dollars. Unless otherwise agreed in writing between Aquatech-USA and Purchaser, Aquatech-USA reserves the right to increase or decrease any price with any such increase or decrease to apply to any purchase order or RMA that has not been accepted by Aquatech-USA as of the effective date of such change. However, such price changes will not apply to any purchase orders that have been accepted by Aquatech-USA, or pursuant to which Equipment has been shipped and billed prior to the effective date of the price change. Prices do not include related freight charges, duties, customs’ charges, use tax, sales tax, excise tax, value-added tax, or similar taxes, or charges of any nature whatsoever imposed by any governmental authority or by any shipper (collectively, “Taxes and Fees”) unless otherwise expressly agreed to in writing by Aquatech-USA, all of which charges and taxes shall be paid by the Purchaser. Delivery of Equipment will be F.O.B. point of origin and all transportation costs for all Equipment shipped by Aquatech-USA shall be billed to and prepaid by the Purchaser or charged to the Purchaser’s consignee freight account.
Prices quoted do not include (and Purchaser shall pay) all Taxes and Fees of any kind that may be levied or imposed on either party by federal, state, municipal, or other governmental authorities in connection with the sale, service, repair or delivery of the Equipment by Aquatech-USA including, but not limited to, sales, use, excise or similar taxes, shipping or credit card fees, wiring fee, with the exception of Aquatech-USA ’s income tax obligations arising out of the sale of the Equipment or repair services by Aquatech-USA.
Purchaser grants to Aquatech-USA a security interest in all equipment and parts purchased hereunder as security for balance owed in respect to the purchase. Upon request, Purchaser also agrees to execute a financing statement and additional security agreement documents to evidence this security interest.
No signature to these Terms and Conditions shall be required as a precondition to the enforcement of the Agreement and the Terms and Conditions. If Aquatech-USA requests a signature to these Terms and Conditions, these Terms and Conditions may be executed in counterparts (including counterpart facsimiles or by electronic signatures) and each counterpart shall be deemed to be an original instrument, but all counterparts shall together constitute one agreement. In that event, each signatory represents that it has all requisite authority to execute the Agreement on behalf of its principal and that the Agreement is fully enforceable against the principal in accordance with its terms.
Except as expressly set forth in this Agreement, neither party makes any warranties, express or implied, statutory, or otherwise. The Agreement contains the entire agreement between Aquatech-USA and Customer, and this Agreement can only be modified, amended, or rescinded by written agreement signed by both parties. Aquatech-USA reserves the right from time to time to correct any typographical or clerical errors, including errors in mathematical computations, that may exist in the Agreement or any related documentation. The Agreement shall be binding upon the parties and their respective heirs, representatives, successors, and permitted assigns. Failure of either party to insist on strict performance of the Agreement will not be construed as a waiver of any term or condition of the Agreement. Section headings are for convenience of reference only and are not to be construed as being a part of these Terms and Conditions.
Customer will be responsible for compliance with any and all federal, state, or local laws or regulations respecting safety or respecting use of the Equipment and shall indemnify and hold Aquatech-USA harmless from and against any and all claims of violations of laws or regulations or other claims of personal injury or property damage directly or indirectly related to the installation, maintenance, possession, use or operation of the Equipment, unless such claim results from the improper installation of the Equipment by Aquatech-USA.
All pictures shown on our website are for illustration purposes only. Actual products may vary due to photo enhancements. The final product received being different from the product image on our website is not a valid reason for a warranty claim, missing parts claim or return.
In addition, we do not warrant that product descriptions or other content of this site is complete and error-free. Any error in descriptions and downloadable files is not just cause for a warranty claim or missing parts claim. Your acceptance to these terms acknowledges the aforementioned statements.