For your Local Distributor Call 877.733.8022   

Terms

Terms and Conditions of Sale

Controlling Provisions:  No terms and conditions other than the terms and conditions contained herein shall be binding upon Seller unless accepted and signed by Seller’s Representative in writing.  All terms and conditions in prior documents including but not limited to Buyers Purchase Orders shall be rejected and shall not be binding to Seller.  Buyer will be deemed to have assented to all terms and conditions contained herein if any part of the goods and/or services are shipped or an invoice is presented in connection with the said goods and/or services.

Terms:  Buyer agrees to pay for the products according to the Seller’s payment terms.  In the event Buyer fails to make any payment to Seller when due, Buyer's entire account(s) with Seller shall become immediately due and payable without notice or demand. All past due amounts are subject to service charges at the rate agreed upon by the parties, otherwise at the maximum contract rate permitted by law.  Buyer does hereby grant Seller a purchase money security interest in the products until such time as Seller is fully paid. Buyer will assist Seller in taking the necessary action to perfect and protect Seller's security interest.  No products furnished by the Seller shall become a fixture by reason of being attached to real estate.

Remedies of Seller:  Upon default by Buyer, Buyer agrees to reimburse Seller all attorney fees and court costs incurred by Seller in connection therewith.  Buyer agrees that any of the following shall constitute an event of default which shall enable Seller, at its option, to cancel any unexecuted portion of this order or to exercise any right or remedy which it may have by law. (a) the failure of Buyer to perform any term or condition contained herein; (b) any failure of Buyer to give required notice; (c) the insolvency of Buyer or its failure to pay debts as they mature, an assignment by Buyer for benefit of its creditors, the appointment of receiver for Buyer or for the materials covered by this order or the filing of any petition to adjudicate Buyer bankrupt; (d) the death, incompetence, dissolution or termination of existence of Buyer; (e) a failure by Buyer to provide adequate assurance of performance within ten (10) days after a justified demand by Seller or (f) if Seller, in good faith, believes that Buyer's prospect of performance under this Agreement is impaired. All rights and remedies of Seller herein are in addition to, and shall not exclude, any rights or remedies that Seller may have by law.  In the event it becomes necessary to incur any expense for collection of any overdue account, reasonable collection charges, including reasonable attorneys' fees, will be added to the balance due and Buyer shall pay all such charges.

Governing Law:  This transaction shall be governed in all respects by the laws of the State of Texas.  All actions arising out of or related to this transaction or the products sold by Seller must be brought against Seller within the applicable statutory period but no more than one (1) year after the date of the invoice or the shipment of product, whichever comes first.

Taxes:  The amount of any sales, excise or other taxes, if any, applicable to the products shall be added to the purchase price and shall be paid by Buyer unless Buyer provides Seller with an exemption certificate acceptable to the taxing authorities.  Any taxes which Seller may be required to pay or collect under any existing or future law, upon or with respect to the sale, purchase, delivery, storage, processing, use or consumption of any of the products, including taxes upon or measured by the receipts from the sale thereof, shall be for the account of the Buyer, who shall promptly pay the amount thereof to Seller upon demand.  Sales tax of 8.25% will be added to orders shipped to locations in the state of Texas.

Warranty:  THE BUYERS SOLE AND EXCLUSIVE WARRANTY IS THAT PROVIDED IN WRITING BY SELLER.  UNDER NO CIRCUMSTANCES, AND IN NO EVENT, WILL SELLER BE LIABLE FOR PERSONAL INJURY OR PROPERTY DAMAGE OR ANY OTHER LOSS, DAMAGE, COST OF REPAIRS OR INCIDENTAL PUNITIVE, SPECIAL, CONSEQUENTIAL, OR LIQUIDATED DAMAGES OF ANY KIND, WETHER BASED UPON WARRANTY, CONTRACT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION ARISING IN CONNECTION WITH THE DESIGN, MANUFACTURE, SALE, TRANSPORTATION, INSTAI.LATION, USE OR REPAIR OF THE PRODUCTS SOID BY SELLER. BUYER HEREBY ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCES, AND IN NO EVENT, SHALL SELLER'S LIABILITY, IF ANY, EXCEED THE NET SALES PRICE OF THE DEFECTIVE PRODUCT(S); NO ADDITIONAL ALLOWANCE SHALL BE MADE FOR THE LABOR OR EXPENSE OF REPAIRING OR REPLACING DEFECTIVE PRODUCTS OR WORKMANSHIP OR DAMAGE RESULTING FROM THE SAME.  EXCEPT AS EXPRESSLY SET FORTH IN THIS PARAGRAPH, ALL PRODUCTS AND/OR SERVICES PROVIDED BY SELLER AND ITS EMPLOYEES AND AGENTS ARE PROVIDED "AS IS," "WHERE IS," AND “WITH ALL FAULTS."

WARRANTIES ARE PRODUCT SPECIFIC AND APPLICATION SPECIFIC.  FOR APPROPRIATE WARRANTY INFORMATION, PLEASE REFER TO WARRANTY INFORMATION INCLUDED WITH YOUR PRODUCT.  WARRANTY REGISTRATION MUST BE COMPLETED TO ENSURE VALIDITY OF WARRANTY.

Delivery:  Seller will make a good faith effort to complete delivery of the products as indicated by Seller in writing, but Seller assumes no responsibility or liability and will accept no backcharge for loss or damage due to delay or inability to deliver, whether or not such loss or damage was made known to Seller, including, but not limited to, liability for Seller's non-performance caused by acts of God, war, labor difficulties, accidents, inability to obtain

materials, delays of carriers, contractors or suppliers or any other causes of any kind whatsoever beyond the control of Seller. Under no circumstances shall Seller be liable for any special, consequential, incidental, indirect, or liquidated damages, losses, or expense (whether or not based on negligence) arising directly or indirectly from delays or failure to give notice of delay.

Recommendations by Seller:  Buyer acknowledges that Seller does not make and specifically negates, renounces and disclaims any representations, warranties and/or guaranties of any kind or character, expressed or implied, with respect to (i) the products sold, their use, design, application or operation, their merchantability, their physical condition or their fitness for a particular purpose, (ii)  the maintenance or other expenses to be incurred in connection with the products, (iii) the engineering, design, fabrication work or any other work or service (whether gratuitous or for payment) supplied by Seller and/or its agents, suppliers and employees or (iv) the accuracy or reliability of any information, designs or documents furnished to Buyer.  Seller neither assumes, nor authorizes any person to assume for it, any other obligation in connection with the sale of its products and/or rendering of its services.  Any recommendations made by Seller concerning the use, design. application or operation of the products shall not be construed as representations or warranties. expressed or implied.  Failure by Seller to make recommendations or give advice to Buyer shall not impose any liability upon Seller.

Indemnification:  The Buyer shall at its own expense apply for and obtain any permits and inspections required for the installation and/or use of the products.  Seller makes no promise or representation that the products or services will conform to any federal, state or local laws ordinances, regulations, codes or standards, except as particularly specified and agreed upon in writing by an authorized representative of Seller.

Seller shall not be responsible for any losses or damages sustained by the Buyer or any other person as a result of improper installation or misapplication of the products.  Buyer shall defend. indemnity and hold harmless Seller and its agents and employees against any loss, damage, claim, suit, liability, judgment or expense (including, without limitation, attorney's fees) arising out of or in connection with any injury or death of persons (including, without  limitation, Buyer's employees and agents) or damage to or loss of any property or the environment, or violation of any applicable laws or regulations resulting from or in connection with the sale, transportation, installation, use, or repair of the products by Buyer or of the information, designs, services, or other work supplied to Buyer, whether caused by the concurrent and/or contributory negligence of Buyer, Seller, or any of their agents, employees or suppliers.  The obligations, indemnities and covenants contained in this paragraph shall survive the consummation or termination of this transaction.

Shipments:  All products are shipped F.O.B. point of shipment.  Risk of loss transfer to the Buyer , Buyer’s Representative, or common carrier.  The cost of any packaging or handling other than the standard used by the Seller caused by Buyer’s requirements or requests shall be the responsibility of the Buyer and added to the amount of the order.  If Buyer causes or requests a shipment delay, or if Seller ships or delivers the products erroneously as a result of inaccurate, incomplete or misleading information supplied by Buyer or its agents or employees, storage and all other additional costs and risks shall be borne solely by Buyer.

Product Inspection and Acceptance:  All damages must be reported to Seller within 2 business days of delivery.  Damages not reported within 2 days are responsibility of the Buyer.  Buyer shall have 2 days from the date product is delivered to inspect such products for defects which are not due to damage, shortage or errors in shipping and notify Seller in writing of any defects.  After such 2nd day, Buyer shall be deemed to have accepted such products.  The sole and exclusive remedy for merchandise alleged to be defective in workmanship or material will be the replacement of the merchandise subject to manufacturer’s inspection and warranty.

Return Policy:  Buyer may return most products within 30 days of ship date if: (i.) it is in new condition, suitable for resale in its undamaged original packaging with all its original parts and (ii.) it has not been used, installed, modified, rebuilt, reconditioned, repaired, altered or damaged.  Buyer is subject a restocking fee of 30% of price of item being returned.  Initial shipping charges are non-refundable.  Refunds are subject to inspection.  If the item fails inspection, credit will not be given and the product will be returned to the customer.  Buyer shall be responsible for all return shipping charges.  Products not meeting above criteria will be evaluated on an individual basis after Buyer has contacted Seller’s authorized representative for prior written permission.  No product will be accepted as a return without proper Return Merchandise Authorization (RMA) Number.  Once Seller has issued RMA Number, product must be returned by Buyer within 30 days.

Cancellation Policy:  Cancellation of any product is subject to a fee of 30% of product sale price.   Terms of Return Policy take effect upon shipment of product.

Severability:  These terms and conditions of sale shall not be construed against the party preparing them, but shall be construed as if all parties jointly prepared these terms and conditions of sale and any uncertainty or ambiguity shall not be interpreted against any one party.  If any provision hereof is held to be illegal, invalid or unenforceable under any present or future laws, such provision shall be fully severable and the terms and conditions herein shall be construed and enforced as if such illegal, invalid or unenforceable provision had never been made a part hereof.  The remaining provisions herein shall remain in full force and effect and shall not be affected by such illegal, invalid or unenforceable provisions or by their severance herefrom.

Set-Off:  Buyer shall not be entitled to set-off any amounts due Buyer against any amount due Seller in connection with this transaction.

Non-Waiver:  Seller's failure to insist upon the strict performance of any term or condition herein shall not be deemed a waiver of any of Seller's rights or remedies hereunder, nor of its right to insist upon the strict performance of the same or any other term herein in the future.  No waiver of any term or condition hereunder shall be valid unless in writing and signed by Seller’s Representative.

Entire Agreement:  This document constitutes the entire, complete, and exclusive agreement between the parties with respect to the subject matter hereof and contains all the agreements and conditions of sale; no course of dealing or usage of the trade shall be applicable unless expressly incorporated herein. The terms and conditions contained herein may not be added to, modified, superseded or otherwise altered except by a written modification signed by the Seller's Representative.  All transactions shall be governed solely by the terms and conditions contained herein.

TERMS

As an avid golfer I look forward to my "spa" treatments at home. I am so happy that we installed a Purewater Baths in our master bath remodel. I really feel like I'm on vacation each time I turn on the lights and jets. Plus, cleaning is so easy. Thanks Purewater Baths!

I purchased four pipeless hydrotherapy drop-in pedicure units in Febuary/March of 2012.  We have absolutely loved the quality of the pedicure sinks over the last year. Our clients are always blown away with the luxury and esthetic appearance of the units.  

Please call 877.934.0477 to have one of our sales representatives help you customize your order.