- Deposit – The Customer will pay to InWater Technologies Inc. a deposit of fifty percent (50%) upon acceptance of a Purchase Order on orders over $10,000 CAD.
- Invoices and payment – Customers with approved credit will be invoiced when the service has been completed or when the equipment has shipped. Other customers will be invoice for the full amount prior to shipping.
- Taxes – The Customer will pay InWater Technologies Inc. the applicable taxes (e.g. HST, GST, PST) in addition to the price and the amount shown on this quote is only an estimate of the applicable taxes.
- Duties – The Customer is responsible for any import duties, tariffs, and taxes, when applicable.
- Interest – The Customer will pay InWater Technologies Inc. interest on any invoice not paid within 30 days of the invoice date at the rate of 18% per annum or the highest rate permitted by applicable law, whichever is less, from date of shipment, on amounts invoiced and unpaid in accordance with the payment terms.
- Estimates – The price quoted is valid for 30 days after the date of the quote unless otherwise stated on the estimate.
- Receipt of Goods and Services – The Customer will be deemed to have received all items listed in the invoice if not disputed in writing within 15 days of the invoice date.
- Set Off – The Customer waives any right of set off and will pay the amount due to InWater Technologies Inc. in full on the due date.
- Ownership – InWater Technologies Inc. retains ownership of any reports and information and provides a license to the Customer to use the reports and information but for the use of the Customer only.
- Waiver and Release – The Customer waives and releases, and agrees to indemnify and hold harmless InWater Technologies Inc., its successors, assigns, officers, employees and agents from all liability for any claims which may result.
- Delay – InWater Technologies Inc. will not be liable for any delay in delivery or for non-delivery, in whole or in part, caused by the occurrence of any contingency beyond the control of InWater Technologies Inc., including, but not limited to, war (whether an actual declaration thereof is made or not), sabotage, insurrection, riot or other act of civil disobedience, act of a public enemy, failure or delay in transportation, act of any government or any agency or subdivision thereof, judicial action, labor dispute, accident, fire, explosion, flood, storm or other act of God, shortage of labor, fuel, raw material or machinery or technical failure where InWater Technologies Inc. has exercised ordinary care in the prevention thereof.
- Warranty – InWater Technologies Inc. warrants that upon completion of the services or at the time of delivery, as the case may be, and for a period of twelve (12) months thereafter: (i) professional services, if any, will be performed in a good and workmanlike manner in accordance with generally acceptable industry standards, and (ii) products specifically manufactured by InWater Technologies Inc. shall be free from all material defects in materials and workmanship. With respect to the professional services warranty, Buyer’s sole and exclusive remedy for InWater Technologies Inc. breach of the warranty shall be for InWater Technologies Inc. to re-perform the services at InWater Technologies Inc.’s sole cost and expense. With respect to the InWater Technologies Inc. manufactured product warranty, if the InWater Technologies Inc. manufactured product shall prove to be defective in material or workmanship under normal intended usage and maintenance during the warranty period, upon examination by InWater Technologies Inc. or its authorized representative, then InWater Technologies Inc. shall repair or replace, at its sole option, such defective products at its own expense; provided, however, that the Buyer shall be required to ship each such defective product, freight prepaid, to InWater Technologies Inc.’s designated facility. The warranty on products and/or components not manufactured by InWater Technologies Inc. is limited to the warranty, if any, provided by the original manufacturer of said product or component which can be passed onto Buyer. InWater Technologies Inc. DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTIBILITY AND FITNESS FOR A PARTICULIAR PURPOSE.This Warranty does not extend to any products that have been subjected to:
- Damage caused by careless handling, improper repackaging, or shipping.
- Damage due to misapplication, misuse, abuse or failure to properly operate the product.
- Damage caused by improper installation or storage.
- Damage due to unauthorized product modifications or repairs.
- Damage caused by negligence, or failure to properly maintain products.
- Accidental damage, fire, acts of God, or other circumstances outside the control of InWater Technologies Inc.
- Proper Law of Agreement – This agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein.
- LIMITATION OF LIABILITY
INWATER TECHNOLOGIES INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF INWATER TECHNOLOGIES INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WITH RESPECT TO THIS AGREEMENT OR ANY OTHER MATTER RELATING TO THE PRODUCTS OR SERVICES.IN NO EVENT SHALL INWATER TECHNOLOGIES INC.’S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL FEES PAID BY BUYER WITH RESPECT TO THE SPECIFIC QUOTE, ORDER OR AGREEMENT TO WHICH THESE TERMS AND CONDITIONS APPLY. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE OR EXTEND THE LIMIT.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO BUYER.
Terms & Conditions