STANDARD TERMS AND CONDITIONS OF SALE
Unlimited Pure Water, referred to as “UPW” or “We,” provides quotations/sales to potential clients interested in our water filtration solutions. The following terms and conditions apply to all quotations or sales we offer:
1. Validity: Our quotations are valid for 30 days from the date of issuance unless stated otherwise.
2. Pricing: Prices listed in the quotation are exclusive of any applicable taxes, duties, or fees. We reserve the right to adjust prices if there are changes in market conditions or regulatory requirements.
3. Scope of Work: Our quotation outlines the specific services and products included. Any additional work or modifications requested by the client will be considered an amendment and may incur extra charges.
4. Payment Terms: Payment is due the same day of the invoice date. Late payments will delay processing or shipping. Payments made through wire transfer may incur additional banking charges, to be borne by the client.
5. Installation and Implementation: Quotations might include installation and implementation services. We will schedule these services with the client, considering our availability and resource allocation.
6. Warranties and Guarantees: Our products and services come with factory guarantees. Additional warranties or maintenance agreements can be purchased separately if available.
7. Cancellation: Clients can not cancel a project after accepting the quotation unless specified otherwise.
8. Ownership and Title: Unlimited Pure Water retains ownership and title to all equipment and materials until full payment is received.
9. Confidentiality: Both parties must maintain each other’s confidential information’s secrecy.
10. Governing Law: These Terms and Conditions and the quotation will be governed by and interpreted following the laws of New Jersey.
11. Dispute Resolution: Any disputes arising from the quotation or subsequent agreements will be resolved through a dispute resolution mechanism, e.g., mediation, arbitration, or litigation of UPW's choice at the cost of the customer.
12. Liability and Indemnification: Unlimited Pure Water shall not be liable for any loss or damage or product not operating correctly due to specific exceptions, e.g., force majeure events or client-provided information. The client agrees to indemnify UPW against any third-party claims related to the services.
13. Assignment and Subcontracting: We reserve the right to subcontract parts of the work or assign our rights to affiliates or successors without the client's consent.
14. Confidentiality and Non-Disclosure: Both parties must maintain confidentiality regarding each other's information and ensure their respective employees, agents, and contractors adhere to this obligation.
15. Intellectual Property: Unlimited Pure Water retains ownership of all intellectual property rights related to our services and products, excluding client-provided materials.
16. Limitation of Liability: Our liability for damages will be limited to direct damages, and in no event will we be liable for consequential, indirect, or punitive damages.
17. Return of Property: Upon project completion or termination, each party must return any confidential information, data, or property belonging to the other.
18. Entire Agreement: The quotation, these Terms and Conditions, and attached documents constitute the entire agreement, superseding prior understandings or agreements.
19. Amendments and Waivers: Changes to the quotation or Terms and Conditions require written consent from both parties. Failure to enforce any provision won't be deemed a waiver.
20. Acceptance: By accepting the quotation, the client acknowledges understanding and agrees to abide by these Terms and Conditions.
21. Severability: If any provision is deemed invalid or unenforceable, it won't affect the remaining provisions' validity and enforceability.
22. Notices and Communication: All notices, requests, and communications must be in writing, addressed to the respective parties' designated contact persons, and sent through email to info@unlimitedpurewater.com.
23. Assistance and Cooperation: Both parties agree to reasonably assist and cooperate with each other to perform their obligations under this agreement.
24. No Partnership or Joint Venture: These Terms and Conditions don't create a partnership or joint venture between the parties.
25. Governing Language: The official language of the quotation and these Terms and Conditions is USA English. All communications and documents will be in this language.