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.

2. Orders and Confirmation
   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.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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.

8. 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/.

9. Typographical 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

10. 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.

11. 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.

12. 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.

13. Amendments
    These Terms and Conditions, once under contract, may not be amended or modified except in writing signed by both parties.  Water Analytics reserves the right to modify or update these posted Terms and Conditions at any time for future agreements. Updated versions will be made available on our website or provided upon request and where applicable updates will be provided.

14. 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

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

WA Ref N100-40