SCOPE - Notwithstanding any different or additional terms and conditions of sale that may be embodied in Buyer’s order, such order is
accepted only on the condition that Buyer assents to the terms and conditions contained herein. Failure of Buyer to object hereto in writing shall
constitute assent hereto.
PAYMENT TERMS: Terms of sale are Net 30 Days (Special payment terms may be approved upon request)
CANCELLATION AND RETURN POLICY: Materials normally carried in inventory of the location of this branch which have been delivered as
ordered may be returned ‘unused, within 15 days from the date of purchase for credit only upon Seller’s prior authorization. All such returned
materials must be accompanied by a copy of the original invoice and a minimum restocking fee of 25% will apply. In addition to ‘unused’, the
materials must be in resalable condition or in its original packaging. (Return of “special order product” may not be allowed unless otherwise
previously agreed by E-Water. A minimum restocking fee of 30% will apply.)
DELIVERY: All quotations and sales are shipped FOB shipping point unless they qualify for Prepaid Shipment as stated in our current freight
policy. We reserve the right to ship via the most economical transportation means, including the routing of the shipment, and the selection of
the point of origin for the shipment. If special routing or method is requested, resulting in a higher rate, the additional amount will be charged
to the customer. E-Water will not be responsible for any extra charges, handling or otherwise, arising out of possible misdirected shipments to
any location. If the specific error was deemed to be E-Water, only the additional freight charged involved in returning the shipment to E-Water,
or the freight cost involved in forwarding the shipment to another location or company will be paid by E-Water Solutions.
SALES AND USE TAX: Prices do not include tax. Taxes will be added, in all cases, unless an exemption certificate is on file with the seller.
Buyer shall pay the amount of any applicable sales, use, compensating, intangibles, gross income or like tax, import duties and similar charges
levied by any governmental authority in connection with this order. Buyer has ultimate responsibility to ensure tax is paid to tax authority.
PRICES AND QUOTATION: All prices and quotations are subject to change without notice. If you need material not shown in our catalog or
website, then please call for a quote. When ordering quoted items, you must specify price, quantity and our quote number.
WARRANTY: Defective material under manufacturer’s warranty will be accepted for return to be replaced or repaired in accordance with the
manufacturer’s policy. Seller offers no additional warranty beyond that of the manufacturer’s written warranty policy. Please include the invoice
number & date of purchase. All warranty return merchandise should be sent prepaid, otherwise make prior arrangements to be picked up by
Seller. NOTE: All claims for shortage or allowances must be made in writing on date of delivery.
FINANCE CHARGES: A service charge of 1-1/2% per month (APR 18%) will be charged on all past due balances.
COLLECTION AND ATTORNEY FEES: In the event of any breach or default by Buyer on the terms and conditions of sale set forth herein;
Seller may employ any company, corporation, agency or attorney to collect any and all amounts owing from Buyer to Seller, including but not
limited to purchase price, service charges, delivery charges and taxes; and Buyer shall pay to Seller all costs, expenses and fees, including
reasonable attorneys’ fees, incurred by Seller in the enforcement of the said terms and conditions of sale.
WAIVER: Failure by Seller to exercise or enforce any rights hereunder shall not be deemed to be a waiver of any such right nor operate to bar
the exercise or enforcement thereof at any time or times thereafter.
FORCE MAJEURE: Seller shall not be liable to Buyer for any loss or damage suffered by Buyer, directly or indirectly as a result of Seller’s
failure to perform, or delay in performing any obligation where such a failure or delay is caused by labor troubles (including, without limitation,
strikes, slowdowns and lockouts), civil disturbance, war, acts of terrorism, weather, Government regulations, inability to obtain or revocation of
export or import licenses, interruptions of or delay in transportation, materials shortages, power failures, accident, or other cause of like or
different character beyond Seller’s control.
LIMITED LIABILITY: Neither Seller nor Buyer shall be liable for incidental or consequential damages, including but not limited to, the cost of
labor, re-qualifications, rework charges, delay, lost profits, or loss of goodwill arising out of the sale, installation or use of any product. If Seller
has any liability for breach of contract, breach of any implied condition, warranty or representation, the aggregate liability of Seller to Buyer
shall be limited in respect of any occurrence or series of occurrences to the total contractual value of the products or services supplied by
Seller under these Terms and to which the claim relates.
CONFIDENTIALITY: Except as required by law, neither party shall use (except for purposes connected with the performance of its obligations
hereunder), divulge or communicate to any third party any information of the other if it reasonably knows to be confidential.
Material furnished for use in the improvement of real property may be subject to the mechanics’ lien laws of the jurisdiction in which the
material is used.