Terms and Conditions

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Scope of Applications 

All business relationships are based on these terms and conditions of sale, delivery and payment. Differing agreements including the purchaser's conflicting terms and conditions - only apply if expressly agreed in writing. 

Quotation 

We will abide by our quotation for a period of 1 month calculated from the date of our quotation. 

TERM 

1.1 The Service Contract (Contract) defines how Analytical Water Solutions Inc. will provide service on each piece of Customer equipment covered (individual quotes and on service contracts). This Contract shall become effective on the service commencement date of the first Customer Service Visit and continue until modified in writing by Analytical Water Solutions Inc. or until the final service visit where Contract terminates without renewal. 

1.2 The Customer may terminate any service contract with 30 days prior written notice. The remaining balance shall be paid in full per the Term and Conditions. 

1.3 If any invoice issued under this Contract is not paid within 30 days, the account will be suspended, and will be canceled if not paid or resolved within 90 days. A grace period of 7 days will be given to all late payments. If payment is not made during the 7 day grace period a  5% per month rate will be applied. If any service was performed on equipment during the period the service contract was suspended, it will be billed at the applicable per call rates then in effect. To restart service after it has been canceled previous balance shall be paid in full.

1.4 In consideration for the extension of credit, said business promises to pay for all purchases within the terms agreed (NET30) and agrees to pay a service charge per month of 5% on all past due balances. In the event any third parties are employed to collect any outstanding monies owed by said business the undersigned agrees to pay reasonable collection costs, including attorney fees, whether litigation has commenced, and all costs of litigation incurred. The undersigned represents that he/she has the authority to execute this credit agreement on behalf of the business identified.

 RENEWALS

 2.1 A renewal invoice will be sent before each service contract expiration date. 

SERVICE RESPONSIBILITIES

 3.1 Analytical Water Solutions Inc. will provide services under this Contract sufficient to maintain the equipment in good operating condition per manufacture specification. 

3.2 Service will include replacement of maintenance parts, reagents, calibration, and a detail service report emailed to designated plant contact(s).

EXCLUSIONS 

4.1 Service is contingent upon the proper use of all equipment and does not cover Equipment which has been modified, or which has been subjected to unusual physical or electrical stress. Analytical Water Solutions Inc. shall be under no obligation to furnish service (preventative or remedial) if: (1) adjustment, repair or parts replacement is required because of supplies, operator-caused error, or repeated misuse of equipment; (2) the equipment is maintained or repaired or if attempts to repair or service the equipment are made by others than authorized Analytical Water Solutions Inc. personnel, without the prior approval of Analytical Water Solutions Inc. (3) The equipment is removed from its location of initial installation and/or reinstalled without the prior approval of Analytical Water Solutions.

4.2 Service does not include damage from terrorism, vandalism and acts of God, such as but not limited to fire, flood, lightning, Earthquake, electrical disturbances, etc. 

GENERAL 

5.1 The customer agrees that Analytical Water Solutions Inc. will not be liable for any special, indirect consequential damages. 

5.2 The terms and conditions of this Contract shall prevail not withstanding any Variation from the terms and conditions of any present or future order submitted by the Customer for service. 

5.3 This Contract supersedes all prior Service Contract Terms & Conditions or Understandings between the parties and may not be changed or terminated orally. All changes must be made in writing. 

Receiving Shipments (including loss or damage by transportation) 

6.1 It is the customer’s responsibility to check for missing cartons and sign of damage to cartons. If found, customer should note missing and/or damaged cartons on the delivery receipt and have delivery receipt signed by the representative of the transportation company. If unpacking discloses concealed damage from rough handling, the customer should request a concealed damage inspection from the Transportation Company. 

6.2 It is the receiver’s responsibility to file claim with the carrier for damage or loss. 

Warranty Conditions & Limitations 

7.1 This Warranty shall not apply to any product which, in the opinion of Analytical Water Solutions Inc., has been (a) altered or repaired in a manner affecting the efficiency of performance of the unit or (b) Incorrectly installed or operated or (c)

damaged in shipment or (d) damaged by flood or fire or (e) if the serial number is missing, altered or defaced. 

7.2 In no event shall Analytical Water Solutions Inc., its subsidiaries or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of Information, or other pecuniary loss) arising out of the use of or inability to use the product.