Western Water Associates, Inc. warranty and return policy on equipment:

We will extend each manufacturers warranty and return policy per individual unit and/or component.  Please see the manufacturers website for the details.

Terms and Conditions of Sale (Construction industry)

ACCEPTANCE: All orders are accepted solely on the basis of these terms and conditions only; regardless of contrary conditions or wording written in Buyers’ purchase order or other
documentation unless exceptions are clearly stated and signed by an officer of
Seller, Western Water Associates, Inc (WWA).  These terms and conditions are
applicable whether or not they are attached to or enclosed with the product to
be sold.  These terms and conditions are used in every sale without exception regardless if they were emailed with the quotation or not and are publicly available through our website.

PAYMENT: 
All payment terms are the total amount due net 30 days after date of invoice to Buyer. The date of invoice, unless otherwise noted will be the date of shipment of Sellers’ product. 
Retentions of any type are not acceptable. All unpaid amounts after 30 days from the date of invoice will be subject to a finance charge of 1.5% per month.  If a commercial credit card is used for payment the total amount of the invoice will incur a 4% addition to compensate for the cards’ merchant processing service fees.

TAXES: 
Quoted prices do not include any sales tax or other charges levied by the government of the United States, any State, County, or local government body.  Any foreign tariffs, taxes, duty taxes, freight forwarding fees, or any other special fees are not included in our quotations. All of these items are additional to quote pricing and to be paid by the Buyer net 30. Should
any additional taxes be levied at a later date for a particular invoice these taxes would also be additional to the Buyer due net 30 after receiving the tax invoice.

PERFORMANCE: 
Individual new system cleanouts are quoted for one single phase cleaning and passivation procedure.  Any alternate cleaning schedule which changes the total system volume, such as a multistage cleanout, shall require a change order based on the additional volume
and scope. Special procedures such as pretreatment of the hydro test water, special component isolation procedures, or mothballing will require change orders and are in addition to quoted single stage cleanout pricing.
 
Where specifications call for a time period of chemicals and service to be included the time period shall start immediately following the cleanout procedure.  This starting time will be used regardless if systems have loads or automatic control equipment is enabled or not.

Seller shall not be responsible for seismic bracing of any equipment or for any seismic calculations.

WARRANTY: 
Equipment warranties shall be by the manufacturer only and shall be warranted for the duration set by the manufacturers.  Warranty periods shall be based on the original ship date in combination with the installation date should the manufacturer recognize a grace period for installation delays.  
 
Defective equipment may be returned for replacement under manufacturers’ warranty.  Seller shall not be liable for any loss or damage arising from the use of such equipment, either direct or consequential.  The exclusive remedy against seller shall be that of replacement of defective materials.  Where “parts only” are warranted any service or installation performed by Western Water Associates is additional to our original sale price and becomes payable net 30 upon invoice.

DELIVERY: 
Unless otherwise stated, delivery shall be made to the Buyer at Seller’s shipping point. Title to goods shall pass from Seller to Buyer upon delivery to carrier.  Western Water Associates may opt to arrange a third party carrier as a customer convenience. Buyer shall be liable for any loss or damage to such goods after delivery to such carrier.  All claims for damages or loss must be made to carrier – not WWA.

Buyer shall inspect all equipment conditions upon receipt of material.  Any damages noted upon inspection of material or container must be immediately brought to the attention of the carrier within tha acceptable period of time stipulated by the manufacturer.  Take pictures of the damage material and make notes for your claim records.  If concealed damage is discovered when merchandise is unpacked, save the packages and notify the carrier for their inspection. Your claim with the carrier should be filed at once as the responsibility of the Seller ceases upon delivery to the carrier at the shipping point.

RETURNS: 
For return of items due to Buyers’ error in ordering or unwanted merchandise the following applies:  25% restocking fee plus return delivery charge for unopened chemical drums in good condition returned within 30 days of delivery. Equipment return policies and restocking fees shall be that of each manufacturer plus payment to seller of reasonable cancellation charges which shall take into account expenses already incurred, commissions, commitments made, return shipping charges,  fees for recapturing BOE sales tax, and Sellers’ anticipated profit. Return item acceptance shall be at the discretion of the Seller and the manufacturer.  A “Return Authorization” will be required for all returns which will require a signature signoff from WWA.

DELAYS: 
Seller shall not be liable for losses, either direct or consequential, caused by delays in delivery resulting from labor disputes, shortage of raw materials, inability of suppliers to deliver or perform, or any other cause beyond the control of the Seller.  Seller shall not be liable for damages in the hands of the common carrier, or damages due to fire, flood, riot, acts of God, or any other circumstances beyond control of Seller.

LIMITATION ON
DAMAGES:  Western Water Associates, Inc. shall be relieved of its liabilities and obligations with respect to its warranties, performance goals, cost savings or usage goals or any other
commitments, in addition to any other remedies it may have, in the event the Buyer fails to; (a) operate the systems treated with Sellers’ goods and all related equipment and processes (systems) within Sellers’ control parameters or, if none,  within industry customary operating conditions (b)  to maintain the systems in good operating order and repair treatment equipment when inoperable (c) to follow Sellers’ recommendations or to fulfill responsibilities for system operations (d) to communicate to Seller hidden or not obvious system processes or equipment conditions affecting Sellers’ goods or (e) to provide complete and accurate
system data.  (f) to apply chemicals for cleaning in a timely manner as recommended by Seller.  (g)  to install chemical control equipment in a timely manner. 
(f) Buyer does not fully compensate Seller. 

Under all circumstances the Seller shall be limited in liability on any purchase order to the purchase price of the order (or item within an order).

In the event Seller fails to comply with Buyers insurance requirements or any other requirements discovered after Buyer or Project Manager, Foreman, or Agent of Buyer releases items for shipment, whether imposed by contract or otherwise, Buyer’s sole remedy shall be discontinuance of the project purchases from WWA.  In this case Buyer shall pay for all items shipped or return charges.
                                                                                                                                                                                                                               
End.