1. DELIVERY:
Customer will purchase from Company, Company’s bottled water and/or purchase water for refill at the customers location or related products (“Products”) as ordered by Customer from time to time: Company reserves the right to subject all orders to a minimum delivery requirement of either $15.00 or any two Products as determined by Company from time to time per delivery, exclusive of any taxes, fees or surcharges. Company reserves the right to charge an auto delivery customer a “Skip Fee” of $4.99 per month for each skipped month after the second skipped month. Service may not be available in all areas. Company reserves the right to refuse delivery for any reason. Company is not responsible for tampered water and/or bottles. Company will delivery both tamper proof and non-tamper proof bottles. Water will be delivered to the address on the order and as close to the door as possible. Delivery days are subject to change at any time. Company will notify customer by text or email of any changes in delivery days. Company does not “change out” bottles. The bottles the customer purchases are his or hers to keep. Company will refill the bottles on subsequent scheduled water deliveries. Customer is more than welcome to purchase more bottles while also requesting a refill services for previously purchased bottles. Company will refill any bottle, tank, reservoir, etc. at the Customers location. In the case that bottles are not left outside for a refill order, customer will be charged a $15.00 “no access” fee. Company can provide any amount of water for delivery and any brand of salt.
2. PRICES:
(a) DELIVERY CUSTOMERS: Bottled water and refill service will not be increased during the first 90 days or during the Initial Term of this Agreement, whichever is shorter. Any price increase during the balance of the Initial Term will not exceed Company’s then current regular non-introductory prices. (b) ALL CUSTOMERS: Prices for Products and water are subject to change at any time on thirty (30) days’ notice, subject to the periods provided in this Section 2, if any. Prices of bottles, water, any future products and/or related products will be reviewed on a regular basis and are subject to increase at any time. Company charges a water fee, bottle fee, delivery fee and taxes. Current delivery fee is $7.95 for all retail customers. Wholesale customers please contact us for delivery fee. All fees are paid upfront prior to delivery. No C.O.D.
3. CHARGES; SURCHARGES, FEES AND DEPOSITS:
Customer will pay all charges for Products, Equipment, purchased equipment, and all applicable surcharges, taxes and fees; (a) any applicable delivery fees of up to $7.95 per delivery; (c) the Skip Fee, if applicable; and (d) all applicable State bottle deposits and redemption value on any free and purchased Products upon Customer’s receipt of Company’s invoice. Company may change its administrative, surcharges or other charges or deposit fees at any time with prior notice to Customer. If Customer does not pay any charge within thirty (30) days of the invoice date, Customer will pay Company the greater of (i) a late fee not to exceed $20 per month, or (ii) interest of 1.5% per month on any unpaid amount from the invoice date until paid. If the late fee or interest rate exceeds the maximum rate allowed by law, the late charge will be equal to such maximum rate. Customer will make all payments due without set-off, counterclaim or defense. Payment of invoice by Customer is an acknowledgment of acceptance and delivery. At Company’s sole discretion, applicable refunds, if any, may be credited back to the credit card used for payment.
4. RISK OF LOSS:
Customer assumes risk of loss or damage to the Bottles in Customer’s possession and is responsible for all liability resulting from their use and operation. Customer will pay Company upon demand costs to repair or replace any lost, stolen, damaged or destroyed Bottles, as determined by Company. Customer will, to the full extent permitted by law, indemnify, defend and hold harmless Company, its parent, affiliates, officers, directors, employees and agents from any loss, damage, liability, cost, fine or expense, including without limitation, reasonable attorneys’ fees, incurred in connection with this Agreement. This provision will survive termination or expiration of this Agreement. Company is not responsible for loss of animals. Customer assumes all risk and will ensure that water is not tampered with prior to adding to aquarium or providing to animals. Customer will ensure water is at room temperature prior to adding to aquarium or providing to animals. If Customer feels water has been tampered with, please contact Company for re-delivery and testing of water. Water provided by Company is NOT for human consumption. Water is manufactured for aquarium and pet use ONLY.
5. MOBILE PHONE DELIVERY SERVICE:
Company provides a mobile messaging service (“Mobile Messaging Service”) to its Customers. The Mobile Messaging Service is utilized to provide information to Customers via their mobile phones about upcoming delivery of their purchases. Text messages, emails and/or phone calls may be made using an auto dialer or prerecorded voice. If Customer wishes to receive the Mobile Messaging Service, Customer agrees to provide Company with a valid mobile number and/or email and to notify Company immediately of any changes to Customer’s mobile number or email. Customer agrees that Company may make phone calls, send emails or send text messages through Customer’s wireless provider. Company does not charge recipients to receive text messages, however, messaging and data rates may apply. CUSTOMER IS RESPONSIBLE FOR ALL CHARGES AND FEES ASSOCIATED WITH TEXT MESSAGING IMPOSED BY THEIR WIRELESS SERVICE PROVIDER. Customer will receive approximately 5 messages per delivery. Customer agrees to indemnify, defend, and hold harmless Company, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs of any kind (including reasonable attorneys. fees), resulting from any activity related to Customer’s use of the Mobile Messaging Service, or from Customer providing Company with a mobile number that is not Customer’s own mobile number. Customer agrees that Company will not be liable for failed, delayed, or misdirected delivery of any information sent through the Mobile Messaging Service; any errors in such information; any action Customer may or may not take in reliance on the information or Mobile Messaging Service; or any disclosure of information to third parties resulting from Customer’s use of the Mobile Messaging Service.
6. ELECTRONIC BILLING AND NOTIFICATIONS:
Customer agrees that Company may provide Customer with information regarding this Agreement by posting the information in Customer’s account on the Seatech H2O website and that doing so satisfies any obligation Company may have to provide the information in writing. Customer may have the right to withdraw consent and, when required by law, Company will provide Customer with paper copies upon request. To receive, access, and retain the notices, Customer must have Internet access and a computer or device with a compatible browser; software capable of viewing PDF files; and the ability to print or download and store PDF files. Customer confirms that Customer is able to receive, access, and retain information on the website. Customer may withdraw consent or update contact information by calling Seatech H2O, LLC.
7. MISCELLANEOUS:
Customer may not directly or indirectly transfer any of its rights under this Agreement and will not allow any third party to take possession of the Equipment or Bottles without Company’s prior written consent. The terms of this Agreement may be waived or amended only in writing signed by Company and Customer. Failure or delay in exercising any right will not constitute a waiver. Customer grants Company authority to conduct credit investigations and Company retains the right to terminate this agreement at any time based on such information.
8. Copyright
All information and images contained in this web site are the exclusive property of Seatech H2O, LLC. Any reproduction, modification, republication, or displaying of these materials without the prior written permission of Seatech H2O is prohibited.
9. Limitation of Warranty
Seatech H2O strives to ensure the accuracy and reliability of information contained in this web site. However, information on this site is provided without warranty. Seatech H2O disclaims any warranty of any kind, whether express or implied, as to any matter relating to this web site, including without limitation the merchantability or fitness of its products for any particular purpose. Seatech H2O cannot be held liable for any damages or injuries caused by use of this web site (such as viruses, interruptions, misstatements, deletion of files, outdated information or acts of God). In states that do not allow exclusions of damages, Seatech H2O’s liability is limited to the fullest possible extent permissible by law.
10. Disclaimer
Your water supply may or may not be affected by water quality problems, and the contaminants removed by Seatech H2O products may not be in your water. The presence of certain contaminants in water does not necessarily pose a health risk.
Seatech reserves the right to refuse delivery to certain addresses either due to distance, access, safety or other factors.
Seatech is not responsible for livestock deaths. Our water is tested daily and used in many other tanks daily. If you think our water caused any deaths of livestock, we will deal it with it on an individual basis. We will check with other water delivered that day and/or used in our tanks to see if there were any other water issues or deaths. We will also require a sample of your water for testing. If it comes to the conclusion that our water did cause any die off, after we’ve tested your water and checked other water used from the same batch as yours, we will replace your livestock. Remember when doing water changes, make sure bottles weren’t tampered with and also make sure water is at room temperature or close to your tank temperature prior to doing a water change. We are very confident in the quality of our water and go to extreme measures to ensure its quality from our location to yours.
11. DISCLAIMER OF WARRANTY:
COMPANY DOES NOT MANUFACTURE THE EQUIPMENT PROVIDED TO CUSTOMER, IF ANY, AND, UNLESS OTHERWISE SPECIFICALLY SET FORTH IN WRITING BY COMPANY, HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT, ITS SUITABILITY OR FITNESS FOR ANY PURPOSE OR MERCHANTABILITY. CUSTOMER ACCEPTS THE EQUIPMENT “AS IS.” NO DEFECT IN OR UNFITNESS OF THE EQUIPMENT, NO LOSS OR DAMAGE AND NO OTHER CONDITION WHATSOEVER WILL RELIEVE OR SUSPEND CUSTOMER’S OBLIGATIONS, WHICH ARE ABSOLUTE AND UNCONDITIONAL. TO THE FULL EXTENT PERMITTED BY LAW, COMPANY WILL INCUR NO LIABILITY WHATSOEVER TO CUSTOMER ARISING OUT OF OR IN CONNECTION WITH ANY DEFECT IN OR CONDITION OF THE EQUIPMENT OR ITS USE, OPERATION OR FUNCTION.
12. Warranty/Guarantee:
Company guarantees water. Company’s water is monitored and tested daily. RODI filters are changed monthly or as needed. This water is used daily on Seatech Aquariums maintenance accounts and delivered to other customers throughout the valley. If there are any issues like loss of aquatic life after adding water to Customers aquarium, Company will need a sample of aquarium water provided by Customer. Company will also test other water in that batch and that was delivered that day and/or used on our maintenance accounts. If it was determined that our water affected other accounts, we will replace livestock, however, if it is determined that this is an exclusive and single incident and that other aquariums/livestock were not affected by our water, then Company is not liable for specific customers loss. If Customer is unsure how to perform water changes, please contact Seatech Aquariums for maintenance related questions. Note: Water should be at room temperature and/or within three degrees of aquarium water and proper pH prior to water change. Please check for damage to tamper proof lids prior to water change. If there is damage, please call us immediately. Company will replace the bottle(s) free of charge but do not empty it, we will need the full bottle. We are not responsible for tampered water if you did not purchase the bottle(s) from us, you purchased bottles/jugs without tamper-proof lids and/or water was left outside.
