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Terms and Conditions


TERMS & CONDITIONS

1. Dealer Representation:
Pure As Water?, Inc. ("Pure As Water") sells only to legitimate dealers ("Dealer") or trade resellers ("Reseller"). Pure As Water Inc, reserves the right to determine the appropriateness of any Dealer or Reseller to represent its products and to discontinue sales to any Dealer or Reseller at any time.

2. Minimum Orders:
For Dealers, Pure As Water Inc, requires a three (3) piece minimum opening order (the "Dealer Opening Order"). Dealer Opening Orders require prepayment by major credit card or check. All prices shall be those in effect at the time of each shipment. Pure As Water Inc, reserves the right to change prices without notice.

3. Specifications, Terms and Prices:
Some Pure As Water Inc, products,including but not limited to fountains, are made of slate. Sizes, textures and colors are approximate and may vary. Specifications, terms, and prices are subject to change without notice. Contact Pure As Water Inc, directly to confirm current information or suitability for a particular application.

4. Domestic Terms of Payment:
Terms for stock products are "net 30 days" with a signed purchase order and Credit Approval, or prepayment via credit card, money order or check (unless stated otherwise in contract). Standard credit terms include a one percent (1%) cash discount on the product total only, not including delivery fees, taxes, duties or other sundry charges, offered for payments received within ten (10) days of date of invoice. Pure As Water Inc, reserves the right to rescind cash discount terms for those abusing them. Pure As Water Inc, may decline to deliver except for cash or stop goods in transit if any reason develops to question the financial responsibility of the Dealer. After an Opening Order, a Dealer may complete a Pure As Water Inc, Credit Application. Upon approval of such Credit Application by Pure As Water Inc, Credit Department, Pure As Water Inc, may allow Dealer a line of credit. Pure As Water Inc, reserves the right to reduce, modify or cancel credit limits or credit amounts and to change or otherwise modify payment dates, late charge amounts or any other credit sales terms at any time and without any notice whatsoever. Pure As Water Inc, will not, without prior notice, increase late charge amounts or reduce the discount amount, except as provided herein. Dealers completing the Credit Application should allow three (3) weeks for the Credit Application to be processed. If credit is not approved prior to shipment, Pure As Water Inc, may request payment in advance on special products or in special situations. A late charge calculated at one and one-half percent (1-1/2%) per month (eighteen percent (18%) per annum) of the invoice total will be assessed and added from the date invoiced if payment is not received by Pure As Water Inc, on or before the due date, or unless special payment arrangements have been made in advance with written approvals by Pure As Water Inc. The original invoice and remittance copy will be mailed to the Dealer¡¯s billing address as reported to Pure As Water Inc.

5. Freight Charges:
Freight charges apply as an additional cost on all items. All shipments are FOB Ontario, California. Freight charges are subject to change without notice. Unless otherwise requested, Pure As Water Inc, products are shipped via standardized freight for all non-truck shipments within the continental United States. Truck freight rates will be quoted upon request for certain large fountains and quantity shipments of products. Additional charges will be assessed when special services including but not limited to lift gate or residential delivery are requested or, at Pure As Water Inc, discretion, required. A $50.00 charge per shipment will be assessed to drop ship to an additional address. Delivery predictions are based upon best information available, but are without guarantee. Circumstances beyond Pure As Water Inc, control may render such predictions inaccurate. Pure As Water Inc, specifically accepts no penalty for late shipments unless it has made a delivery guarantee in a prior-authorized writing.

6. Limited Warranty:
Pure As Water Inc, warrants to the original purchaser of its product from an authorized Dealer or Reseller, that its products (except as may be further disclaimed on a particular invoice or in these Terms and Conditions) will be of the kind and quality described in the order or contract and will be free of defects in workmanship or material. Should any failure to conform to this warranty of the Pure As Water Inc, fountains appear within three (3) months after the invoice date, Pure As Water will, upon written notification thereof, take commercially reasonable steps to correct such defects, at Pure As Water Inc, sole option, by suitable repair, replacement, or refund. THIS LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ANY IMPLIED WARRANTY OMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHER WARRANTY OF QUALITY, WHETHER EXPRESS OR IMPLIED, EXCEPT FOR THE WARRANTY OF TITLE AGAINST PATENT INFRINGEMENT. Corrections of nonconformities, in the manner and for the period of time provided above, shall constitute fulfillment of all liabilities of Pure As Water Inc. to any Dealer or Reseller with respect to the goods, whether based on contract, negligence, strict tort or otherwise. Pure As Water Inc. contract sales personnel, including but not limited to authorized Dealers and Resellers (collectively, "Sales Personnel"), are not authorized to make warranties about Pure As Water Inc. merchandise. ORAL STATEMENTS DO NOT CONSTITUTE WARRANTIES. Oral statements made by Pure As Water Inc. employees or other Sales Personnel shall not be relied upon by a Dealer and shall not become part of any contract for sale. The entire sales contract between a Dealer and Pure As Water Inc. will be set forth in the invoice and/or accompanying or reference documents provided by Pure As Water Inc. to the Dealer or Sales Personnel. No other warranties are given beyond those set forth in those documents.

7. Consequential Damages:
Pure As Water Inc. shall not under any circumstances be liable for special, incidental, or consequential damages such as, but not limited to, damage to or loss of other property or equipment, loss of profits or revenue, cost of capital, cost of purchased or replacement goods, or related claims of a Dealer or Dealer¡¯s customer. Dealers¡¯ remedies set forth herein are exclusive. The liability of Pure As Water Inc. under these Terms and Conditions, or from negligence, strict tort, or under any warranty or otherwise, shall not exceed the price of the goods upon which such liability is based. Pure As Water Inc. may elect to repair or replace such goods at its own expense. Pure As Water Inc. reserves the right to sell certain goods "AS IS," without any warranty whatsoever, by indication on the invoice or sales receipt for such goods.

8. Damaged Items:
If a package is damaged in transit, Dealer or Dealer¡¯s customer should refuse it back to the carrier if possible. If Dealer or Dealer¡¯s customer receives a damaged package, Dealer or Dealer¡¯s customer should note on the carrier¡¯s delivery report the condition of the package. Dealer or Dealer¡¯s customer should also save the packing boxes. If possible Dealer or Dealer¡¯s customer should take a photograph of the damaged products and packing boxes. Damaged products must be reported to Pure As Water Inc. Customer Service Department immediately upon receipt. Within ten (10) days thereafter, Dealer is responsible for providing to Pure As Water Inc. Customer Service Department all information and documentation, including any available photographs, regarding the damaged goods. Dealer¡¯s failure to comply with these requirements shall relieve Pure As Water Inc. of any obligation to provide Dealer or Dealer¡¯s customer with a replacement or refund for the damaged products. In the event a Dealer has questions at the time of delivery, the Dealer should contact his/her Sales Personnel or a Pure As Water Inc. Customer Service Representative prior to signing for the shipment(s). Pure As Water Inc. personnel will work to resolve any defects by providing replacement parts or instructions as necessary. Dealer will not be charged a restocking fee for severely damaged or defective product(s). During a Dealer¡¯s contact with Sales Personnel or a Pure As Water Inc. Customer Service Representative, the Dealer should indicate whether he/she would prefer to receive a credit or, upon the return of the damaged or defective product(s) to Pure As Water Inc, to have the product(s) replaced and re-shipped at no charge. Any damaged product can be exchanged only for the same item, assuming it is available. Returned goods will not be accepted, nor will credit for returned goods be extended unless (i) prior written permission from Pure As Water Inc. is obtained by contacting the Sales Personnel with whom the order was placed and obtaining a Pure As Water Inc Returned Goods Authorization ("RGA"); (ii) Dealer or Dealer¡¯s customer clearly marks the RGA number on the package (returns will be refused without a clearly visible RGA number); (iii) transportation charges for the returned product(s) are prepaid by Dealer; and (iv) Pure As Water Inc, receives such returned product(s) within thirty (30) days after receipt of the products by or on behalf of Dealer. Without exception, no merchandise will be accepted without a Pure As Water Inc, RGA. The return of goods without a Pure As Water Inc, RGA could result in additional costs to Dealer. Pure As Water Inc, reserves the right to authorize product returns beyond thirty (30) days from the invoice date, upon written approval. Returns other than those due to manufacturing defects or damage in transit shall be subject to a twenty-five percent (25%) of the invoice restocking fee. Goods must be packaged properly to avoid damage in shipment. Original shipping charges will not be refunded on returned items. Dealer or Dealer¡¯s customer must insure his/her shipment of the returned product(s) and such shipment must be prepaid. Pure As Water Inc. suggests using a carrier that provides tracking information or proof of delivery for Dealer¡¯s protection.

9. Overages and Shortages:
Pure As Water Inc, reserves the right as a manufacturer to ship less than the entire quantity ordered. Claims on account of shortages must be made within five (5) days after receipt of shipment to the Sales Personnel with whom the Dealer¡¯s order was placed. Prior payment will not prejudice a claim. Questions concerning freight or pricing discrepancies should be made prior to payment with the Sales Personnel with whom the order was placed. Whenever the
payment amount differs from the amount invoiced, documentation should accompany any check
that is presented to pay that invoice. Pure As Water Inc. is required to collect California state sales tax for items deemed taxable in California, or whenever merchandise is picked up in or shipped to California. The only exception will be if Pure As Water Inc, is supplied with a valid and properly completed blanket or unit exemption certificate. If Pure As Water Inc, is not in receipt of such a certificate at the time of invoicing, sales tax will be applied to that invoice. Deductions for sales tax at time of payment will not be cleared until the certificate is received. Not forwarding a certificate may endanger Dealer¡¯s credit status due to open balances on Dealer¡¯s account.

10. Late Payments:
Dealer agrees to pay all costs and expenses of collection actually incurred by Pure As Water Inc, in collecting any amounts past due to Pure As Water Inc, whether or not Pure As Water Inc, retains an attorney.

11. Acceptance of Goods:
Dealer agrees that his/her signature or a signature by his/her representative or affiliate to receive the product(s) or on any order confirmation, invoice, delivery receipt, purchase order, or other sales receipt is presumed to establish Dealer¡¯s acceptance of these Terms and Conditions.

12. Disclaimers:
These Terms and Conditions do not constitute an offer by Pure As Water Inc, to sell or extend credit. Each Pure As Water Inc, Credit Application, request for credit, credit transaction, and Dealer order is subject to prior approval by Pure As Water Inc. Pure As Water Inc, shall not be responsible for typographical errors.

13. Miscellaneous Provisions, Waivers:
Pursuit of any one remedy shall not preclude pursuit of any other remedies provided for herein or by law. No waiver of one violation of these Terms and Conditions shall be deemed to constitute a waiver of any similar violations subsequently occurring or any other violation whatsoever.

14. Compulsory Arbitration:
Any controversy between the parties involving the construction or application of any of the terms, covenants, or conditions of these Terms and Conditions, except concerning violations of Pure As Water Inc, intellectual property rights, shall be submitted to arbitration in Ontario, California, and the arbitration shall comply with and be governed by the provisions of the California Arbitration Act (California Code of Civil Procedure Sections 1280-1294.2). Any arbitration shall be submitted to Judicate West, 2111 E. Anapamu Street, Santa Barbara, CA 93101. If Judicate West is unavailable, the matter shall be submitted to JAMS. If JAMS is unavailable, the parties shall submit the matter to another arbitrator.

15. Governing Law and Venue:
All matters relating to the enforcement or interpretation of any sale transaction and this statement of Terms and Conditions shall be governed by the laws of the State of California. The parties to any sales transaction hereby consent to exclusive jurisdiction and venue by the courts of the State of California as the location where the sale contract was made, and agree that after arbitration any suit or action to enforce or interpret any matter relating to any sale transaction may be brought only in the courts within the State of California in San Bernadino County.

16. Attorneys¡¯ Fees:
If any legal proceeding, arbitration, or other action is brought or threatened for the enforcement or interpretation of these Terms and Conditions, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of these Terms and Conditions or any transaction arising hereunder, and the prevailing party in any such action(s) should incur any legal fees, including but not limited to any attorney¡¯s fees, paralegal fees, expert witness fees and other similar costs, the successful or prevailing party or parties to any such dispute or action shall be entitled to recover their reasonable attorney¡¯s fees and additional legal costs incurred, together with any other relief to which they may be otherwise entitled, as determined by an arbitrator, judge or jury at trial, or upon appeal or petition.

17. Intellectual Property:
All designs appearing on Pure As Water Inc,products are copyrighted, patented, protected by the Lanham Act or licensed by Pure As Water Inc. Pure As Water Inc, is a registered trademark of Pure As Water Inc. All rights reserved. Pure As Water Inc. 9843 6th Street Unit 104 Rancho Cucamonga Ca, U.S.A. Pure As Water Inc, may enforce its intellectual property rights in court without resorting to compulsory arbitration.

18. Severability:
If any one or more of the provisions contained in these Terms and Conditions is found to be invalid or unenforceable in any respect, such invalidity or unenforceability shall not effect any other provision, and the intent manifested thereby shall be recognized.

19. Modification:
These Terms and Conditions are subject to modification by Pure As Water Imc?, Inc. at any time without prior notice and shall be effective upon Pure As Water Inc,?, Inc.¡¯s publication of the revised Terms and Conditions on its Website at www.Pureaswater.com.





  Model: PB2407-2