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Terms and Conditions

  1. ACCEPTANCE OF TERMS
    By placing an order, the Buyer agrees to these Terms and Conditions, which supersede any prior agreements or understandings.

 

  1. ORDERS and CONFIRMATIONS
    All orders are subject to acceptance by the Seller. An order confirmation will be sent upon acceptance, which will outline the agreed terms including price, estimated delivery date, and specifications.

 

  1. PRICING
    All prices are quoted in U.S. dollars and are subject to change without notice. The Seller reserves the right to discontinue any items without notice. Prices do not include taxes, shipping, or handling charges, unless specified otherwise.

 

  1. PAYMENT TERMS
    Payment is due based on the terms outlined in the payment terms section of the order confirmation and is based on the invoice date unless otherwise agreed upon in writing. Late payments may incur a charge of 1.5% per month on the outstanding balance.

 

  1. DELIVERY
    The delivery dates are estimates and are not guaranteed. The Seller is not liable for any delays in delivery due to circumstances beyond its control. Title and risk of loss transfer to the Buyer upon the goods leaving the Seller’s facility.

 

  1. INSPECTION and ACCEPTANCE
    The Buyer must inspect all goods upon receipt and notify the Seller within two days of receipt for any discrepancies or defects. Failure to provide such written notice will be deemed acceptance of the goods.

 

  1. RETURNS & CANCELLATIONS
    Returns are accepted only with prior written consent from the Seller and will be issued an RMA number in advance of return shipment. Goods must be returned in their original condition and packaging. Orders cancelled prior to shipment or after shipment are subject to a restocking fee based on the order price.

 

  1. WARRANTY
    The Seller warrants that the goods will conform to the specifications agreed upon and be free from defects in material and workmanship. The Seller’s detailed warranty policy can be found at wateranalytics.net/Warranty_Policy/.

 

  1. TYPOGRAPICAL ERRORS

If a product is mistakenly listed at an incorrect price, the Seller reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. The Seller reserves the right to refuse or cancel any such orders whether or not the order has been confirmed

 

  1. LIMITATION of LIABILITY
    In no event shall the Seller be liable for any indirect, incidental, or consequential damages arising out of the sale of goods, even if the Seller has been advised of the possibility of such damages.

 

  1. GOVERNING LAW
    These Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles.

 

  1. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Seller, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account.

 

  1. AMENDMENTS
    These Terms and Conditions may not be amended or modified except in writing signed by both parties.

 

  1. CONFIDENTIALITY

The Buyer agrees to keep confidential any non-public technical information, commercial information (including, without limitation, prices) or instructions received from us as a result of discussions, negotiations and other communications between us in relation to our products

 

  1. SEVERABILITY
    If any provision of these Terms and Conditions is found to be unenforceable, the remaining provisions shall remain in full force and effect.

 

  1. ARBITRATION

In the event a dispute shall arise between the parties to this contract, it is hereby agreed that the dispute shall be referred to arbitration in accordance with the laws of the Commonwealth of Massachusetts. Each party acknowledges that the arbitration process, and in particular, the Arbitrator’s award, is binding on all parties and not subject to appeal or review by any judicial or administrative process (except as provided in G.L. c. 251, §§ 9, 12, and 13). Each party voluntarily consents to the arbitration process and to having this matter resolved entirely through arbitration, except for motions to confirm or set aside the Arbitrator’s award.

In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with arbitrator’s award, the other party is entitled of costs of suit including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award.

  1. CONSTRUCTION

This Contract may be executed in multiple counterparts, is to be construed as a Massachusetts contract, sets forth the entire contractual understanding between the parties, is binding upon and enures to the benefit of the parties hereto and their respective heirs, devisees, executors, administrators, successors and assigns, and may be cancelled, modified or amended only by a written instrument executed by all parties thereto. The captions and marginal notes are used only as a matter or convenience and are not to be considered a part of this agreement or to be used in determining the intent or the parties to it.

  1. SUPERSESSION

This Agreement supersedes all prior agreements and other understandings between the parties and represents the complete and full agreement of the parties hereto except as this Agreement is modified or altered by written agreement signed by the parties hereto.

 

  1. NOTICES

Any notice hereunder shall be deemed to have been duly given in writing and mailed by registered or certified mail, return receipt requested, all charges prepaid, or delivered in hand, addressed to the Parties at the addresses first listed above or by facsimile transmission or email to the attorneys. In the case of notice addressed to Water Analytics, a copy thereof to Mark Spencer, President. In the case of notice addressed to the (Customer), a copy thereof to: ___________________________.

NOTICE: This is a legal document that creates binding obligations.

If not understood, consult an attorney.

WA Ref N100-40

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