Applicable to All Sales: Unless otherwise agreed by Arizona Choice Water Systems, LLC (“AZCWS”) in writing, these Standard Terms and Conditions shall apply to all sales by AZCWS.
- Payment terms: Unless otherwise agreed in writing, the net amount stated on an invoice is due on presentation of the invoice and a late charge of one and one half percent (1 1/2%) will apply to any amount not paid within thirty (30) days of the date due. An additional one and one half percent (1 1/2%) per month (or the amount permitted by law if less) shall be charged for each additional thirty (30) days that a payment is outstanding. Customer shall pay all costs of collection, including attorney fees. AZCWS may condition a sale on receipt of the entire amount due prior to shipment or receipt of a letter of credit acceptable to AZCWS.
- Limited Warranty, Disclaimer of Implied Warranties: AZCWS may provide a limited warranty on certain products, and if it does, then the limited warranty will be stated in writing on a printed form included in the package with the product sold. NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRIGEMENT SHALL APPLY TO ANY SALE.
- Limitation on Damages: IN NO EVENT WILL AZCWS BE LIABLE FOR ANY AMOUNT EXCEEDING THE PURCHASE PRICE OF A PRODUCT WITH REGARD TO ANY CLAIMS RELATED TO SUCH PRODUCT. WHETHER SUCH CLAIMS ARISE OUT OF CONTRACT, PRODUCT LIABILITY, NEGLIGENCE OR OTHERWISE. AZCWS HAS THE RIGHT TO REPAIR OR REPLACE ANY PRODUCT FOR WHICH A CLAIM IS MADE RATHER THAN PAY MONETARY DAMAGES. AZCWS SHALL IN NO EVENT BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
- Delivery Dates: All delivery dates quoted by AZCWS are approximate. AZCWS reserves the right not to ship until full payment has been received. If AZCWS ships prior to full payment, AZCWS shall have a security interest in the products shipped to secure all amounts due with regard to such shipment. AZCWS may make shipments in installments if necessary or at its discretion.
- Shipping & Delivery: Currently AZCWS ships to the Continental United States, Alaska, Hawaii, Puerto Rico, Guam, the US Virgin Islands and Canada. For any other countries please contact us by phone at (480)-272-7746 for shipping charges and order placement. Risk of loss and title passes to the Customer upon delivery to the shipper by AZCWS. Customer shall pay all shipping charges either prior to shipping or upon delivery, as specified by AZCWS.
- Law and Venue: All purchases, sales and other transactions between Customer and AZCWS shall be subject to and governed by the internal laws of the State of Arizona applying to transactions between residents within the state, notwithstanding what the law of conflicts would otherwise provide. Customer and AZCWS consent to the jurisdiction of all courts presiding in Maricopa County, Arizona and agree that such courts shall have exclusive jurisdiction to adjudicate any dispute arising out of a transaction between AZCWS and Customer, provided that a judgement may be entered in any jurisdiction and AZCWS may pursue prejudgement remedies in the event of any infringement in any jurisdiction.
- Taxes: Customer shall pay all sales tax, use tax, transaction privilege tax, excise tax, value added tax, duty, customs, inspection or testing fee, storage fees or any other tax, fee or charge of any nature whatsoever imposed with regard to a sale from AZCWS to Customer, other than taxed on net income imposed by the State of Arizona or The United States of America.
- Written Terms and Modifications: Any modifications, additions or changes to these written terms must be in writing and executed by an authorized employee of AZCWS.
- Descriptive Literature: Catalogues, sales materials, product brochures, advertisements, and instruction manuals provide general descriptions of the products offered, but shall not be taken as setting precise terms or as being part of any contract for sale.
- Force Majeure: The time for performance by AZCWS shall be extended by any delays caused by acts of God, riots, war, fire, embargo, casualty, or other matters outside of the reasonable control of AZCWS.
- Severability: If any provisions of these terms and conditions of sale are deemed to be illegal or unenforceable such illegality or unenforceability shall not affect the validity and enforceability of any legal and enforceable provisions which shall be construed as such illegal and unenforceable provisions has not been included, unless the illegality or unenforceability would destroy the underlying business purpose of these terms and conditions.
- Defective products: Defective products will be repaired or replaced, at the discretion of AZCWS. All defective products need to be returned to AZCWS for testing and verification that the product is defective. All return shipping from Customer to AZCWS is the Customer’s responsibility. Shipping from AZCWS to Customer is the Customer’s responsibility. All products returned to AZCWS need to have a Return Authorization Code (RAC). See the contact page to request a RAC.
- Return Goods: Any unused or undamaged products may be returned within thirty (30) days of purchase date. Customer is responsible for all return shipping fees. No original shipping and handling charges or fees will be refunded. For free shipping items, the cost of shipping will be deducted from the refund. All returns will incur a minimum ten (10) percent handling charge. All returns will incur a minimum $5.00 handling charge in the event the ten (10) percent handling charge does not equal $5.00. All returns must have a Return Authorization Code (RAC). See the contact page to request a RAC.
Applicable to Web Site Usage:
- Use of Site: This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. AZCWS and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if AZCWS believes that customer conduct violates applicable law or is harmful to the interests of AZCWS and its subsidiaries.