Legal Notice

Conditions of Use of the Aqueous Technologies Web Site

Aqueous Technologies makes no representations or warranties about the information provided through this web site, including any hypertext links or any other items used either directly or indirectly from Aqueous Technologies' web site and reserves the right to make changes and corrections at any time, without notice. Aqueous Technologies accepts no liability for any inaccuracies or omissions in Aqueous Technologies' web site and any decisions based on information contained in Aqueous Technologies' web site are the sole responsibility of the visitor. Aqueous Technologies accepts no liability for any direct, special, indirect, or consequential damages, or any other damages of whatsoever kind resulting from whatever cause through the use of any information obtained either directly or indirectly from Aqueous Technologies' web site.

PRIVACY POLICY

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SECURITY (AQUEOUS TECHNOLOGIES' ON-LINE SHOPPING)

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CHANGES TO THIS PRIVACY POLICY

Aqueous Technologies may edit this policy at any time.

TERMS AND CONDITIONS OF SALE

GENERAL TERMS. ALL TRANSACTIONS BETWEEN YOU (the “Customer”) AND AQUEOUS TECHNOLOGIES CORPORATION (“Aqueous Technologies”) ARE GOVERNED BY THESE TERMS AND CONDITIONS (“Terms and Conditions”). Additional or different terms that vary in any respect from these Terms and Conditions are strictly objected to and disallowed unless such additional and/or different terms are in writing, signed by an authorized representative of Aqueous Technologies.

QUOTED PRICES. Quoted prices apply and are subject only to the specific items and in the specific quantities identified on the quote. The quoted prices specified on a quote shall remain valid and fixed for thirty (30) days from the quote’s issuance date, unless otherwise stated on the quotation form.

FORMATION OF CONTRACT. A purchase order received from the Customer is deemed by Aqueous Technologies to be an offer to purchase by the Customer, which Aqueous Technologies may accept or reject in its sole discretion. Aqueous Technologies shall not be bound by any terms of Customer's purchase order. Aqueous Technologies’ acceptance of any offer to purchase is binding on Aqueous Technologies if and only if made by written instrument or, if not by written instrument, by Aqueous Technologies' commencement of performance. Any such acceptance by Aqueous Technologies is expressly conditioned on Customer’s assent and acceptance of these Terms and Conditions. Customer shall be deemed to have assented to these Terms and Conditions, whether or not previously received, upon accepting delivery of anything shipped by Aqueous Technologies. If tender of these Terms and Conditions is deemed an offer, acceptance is expressly limited to the terms hereof.

PRODUCTS. "Products" shall mean and include any and all products identified on: (a) Aqueous Technologies’ then current applicable price list; (b) any of Aqueous Technologies’ proposals or quotations; or (c) any of Aqueous Technologies’ invoices.

ORDERS. Customer shall initiate the purchase of Products by issuing a purchase order sent by an authorized representative, indicating specific Products, quantity, price, total purchase price, shipping instructions, bill-to and ship-to addresses, tax exempt certifications, if applicable, and any other special instructions. Any contingencies contained on such order are not binding upon Aqueous Technologies unless mutually agreed upon in a writing signed by an authorized representative of Aqueous Technologies. ACCEPTED ORDERS ARE NOT CANCELLABLE UNLESS AGREED TO BY AQUEOUS TECHNOLOGIES, IN WRITING, SIGNED BY AN AUTHORIZED REPRESENTATIVE OF AQUEOUS TECHNOLOGIES, WHICH MAY INCLUDE THE IMPOSITION OF TERMINATION CHARGES AGAINST THE CUSTOMER. THE AMOUNT OF THE TERMINATION CHARGE IS AT THE SOLE DISCRETION OF AQUEOUS TECHNOLOGIES.

SHIPPING AND DELIVERY. Preliminary shipping dates will be established by Aqueous Technologies upon receipt of orders from Customer. Shipping terms are FOB Aqueous Technologies’ designated shipping location (Corona, CA unless otherwise specified). Tile to the Products shall pass to Customer upon Aqueous Technologies’ receipt of full payment for the Products. Risk of loss shall pass from Aqueous Technologies to Customer upon tender to the carrier, Customer, or Customer's representative at the FOB point identified herein. Delivery shall be deemed made upon transfer of possession to the carrier, Customer or Customer’s representative. Customer shall be responsible for all costs of delivery, including without limitation, freight, drayage, handling, and insurance charges. Unless given written instruction otherwise, Aqueous Technologies shall select the delivery carrier. In no event shall Aqueous Technologies have any liability whatsoever for loss or damage to Products arising or resulting from the shipment, transport, or delivery of the Products, nor shall the delivery carrier, irrespective of whether it is selected by Aqueous Technologies or by Customer, be deemed to be an agent of Aqueous Technologies.

PRICES AND PAYMENT. Prices for Products are quoted in US dollars and are FOB Aqueous Technologies’ designated shipping location. All stated prices are exclusive of any taxes, fees and duties or other amounts, however designated, and including without limitation, value added and withholding taxes which are levied or based upon such charges, or upon these Terms and Conditions. Any and all sales, use, excise or similar taxes, or other charges related to Products purchased pursuant to these Terms and Conditions shall be borne and paid by Customer or Customer shall present an exemption certificate acceptable to the taxing authorities. Applicable taxes and other charges which Aqueous Technologies is required to pay, or to collect and remit, to any federal, state, or local authority shall be billed as a separate item on the invoice, to the extent possible. All payments shall be made by company check, cashier’s check, money order, or credit card acceptable to Aqueous Technologies.

PAYMENT TERMS. Payment Terms are: Fifty Percent (50%) Due Upon Receipt of Purchase Order, Balance Net 30 Days (on approved credit), unless otherwise stated. Acceptable methods of payment include Cash, Company Check, EFT, VISA, MasterCard, American Express. If paid by credit card, Customer agrees to pay all bank charges as indicated in the Credit Card Authorization Form. All payments shall be made in U.S. currency. Any sum not paid by Customer when due shall bear interest until paid at a rate of 1.5% per month (18% per annum), or the maximum rate permitted by law, whichever is less. Aqueous Technologies may cancel or delay delivery of Products in the event Customer fails to make prompt payment therefore, or in the event of a past due amount in customer’s account with Aqueous Technologies. Aqueous Technologies shall retain a purchase money security interest under Division 9 of the California Commercial Code concerning security interests in personal property in the Products sold until payment in full has been made. In the event of default by Customer under these Terms and Conditions, Aqueous Technologies shall have all the rights and remedies of a secured creditor under the laws of the State of California, including without limitation, to Division 9 of the California Commercial Code. Customer agrees to execute such financing statements and other documents as Aqueous Technologies may request in order to perfect Aqueous Technologies’ security interest in the Products.

AQUEOUS TECHNOLOGIES CORPORATION PRODUCT LIMITED WARRANTY

Subject to the terms and conditions stated herein, Aqueous Technologies Corporation (“Aqueous Technologies”) warrants to the original purchaser that each Aqueous Technologies product, for a period of one (1) year from the date of purchase (the “Term”), will be reasonably free from defects in materials and workmanship (the “Limited Warranty”). This Limited Warranty shall only apply to Aqueous Technologies’ products which are used, stored, handled, and installed in strict accordance with instructions provided by Aqueous Technologies, including without limitation, any and all usage instructions and equipment manuals.

WHAT THIS LIMITED WARRANTY COVERS

During the Term of this Limited Warranty and subject to any and all limitations and exclusions set forth herein, Aqueous Technologies will, at its option, repair or replace, any product or component part if the product or component part that is defective, malfunctions, or otherwise fails under normal use. Subject to the exclusions below, repair or replacement during the Term shall include reasonable labor charges necessary to repair or replace the defective product or part. During the Term, Aqueous Technologies’ obligation to repair or replace a product or part shall further be limited to repair or replacement with products and parts that are reasonably available at the time of repair or replacement, and shall be further limited to only the repair and replacement of the specific product or part that is determined to be defective. Any repaired or replaced product or part shall also remain subject to the original warranty Term, and any repair or replacement shall not extend the original warranty period in any manner or start a new warranty period.

WHAT YOU MUST DO TO OBTAIN LIMITED WARRANTY COVERAGE

To obtain warranty coverage under this Limited Warranty, the original purchaser must notify Aqueous Technologies, in writing, of the alleged defect, which notice shall include all customer information, identification of allegedly defective product or part, and proof of purchase. Upon verification of coverage, and subject to the exclusions below, Aqueous Technologies will repair or replace (at Aqueous Technologies’ option) the defective product or part at no charge to the customer. However, in the event Aqueous Technology chooses to replace the product or part, upon receipt of the replacement product or part, the customer may be required, at Aqueous Technologies’ option, to return the defective product or part. Failure to return defective product or part to Aqueous Technologies may result in a charge to the customer for the cost of the replacement product or part.

WHAT THIS LIMITED WARRANTY DOES NOT COVER

Aqueous Technologies’ products must be stored, handled, installed, used, and maintained in strict accordance with instructions provided by Aqueous Technologies, including without limitation, any and all usage instructions equipment manuals, and this Limited Warranty is conditioned upon such strict compliance with all such instructions.

This Limited Warranty does not cover the following:

1. Used products and demonstration equipment unless otherwise stated herein or purchase-related documents.

2. Damage, defects, or malfunctions resulting from accidents, abuse, modifications, alterations, incorrect installation, or improper storage, handling, fabrication and/or use.

3. Damage or defect not resulting from manufacturing defects that occur while in the customer’s possession.

4. Unreasonable or unintended use of the products.

5. Freezing or chemical deterioration.

6. Units altered by customer in any way that deviates from original manufacturer’s specifications.

7. Damage to components from fluctuations in electrical service or water supply.

8. Normal maintenance service, including but not limited to: adjustments, filter or tank cleaning and clearing of obstructions.

9. Replacement of maintenance items including, but not limited to: O-rings, filters, media beds, light bulbs, fuses and seals.

10. Field labor charges in connection with adjustments, disassembly, reassembly of defective parts or maintenance items.

11. Transportation charges in connection with the repair or replacement of defective parts.

12. Damage during transit, unless the product is transported by an Aqueous Technologies preferred carrier, and the bill of lading specifies the damage.

THIS IS THE ONLY EXPRESSED WARRANTY ON OUR PRODUCTS

THE WARRANTIES SET FORTH HEREIN ARE THE ONLY WARRANTIES MADE BY AQUEOUS TECHNOLOGIES IN CONNECTION WITH ITS PRODUCTS. AQUEOUS TECHNOLOGIES CAN NOT AND DOES NOT MAKE ANY IMPLIED OR EXPRESS WARRANTIES WITH RESPECT TO THE PRODUCTS, AND DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PRODUCTS SOLD BY AQUEOUS TECHNOLOGIES ARE SOLD ONLY TO THE SPECIFICATIONS SPECIFICALLY SET FORTH BY ACQUEOUS TECHNOLOGIES IN WRITING. OTHER THAN THE LIMITED WARRANTY SET FORTH HEREIN, AQUEOUS TECHNOLOGIES MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED. AQUEOUS TECHNOLOGIES’ SOLE OBLIGATION UNDER THIS WARRANTY SHALL BE REPAIR OR REPLACEMENT OF NON-CONFORMING PRODUCTS. BUYER ASSUMES ALL RISK WHATSOEVER AS TO THE RESULT OF THE USE OF THE PRODUCTS PURCHASED, WHETHER USED SINGULARLY OR IN COMBINATION WITH ANY OTHER PRODUCTS OR SUBSTANCES. AQUEOUS TECHNOLOGIES DOES NOT AUTHORIZE ANY OTHER PARTY, INCLUDING AQUEOUS TECHNOLOGIES’ SALES REPRESENTATIVES, TO MAKE ANY REPRESENTATION ON BEHALF OF AQUEOUS TECHNOLOGIES CORPORATION, OR TO MODIFY THE TERMS, CONDITIONS, OR LIMITATIONS IN ANY WAY.

LIMITATION OF RESPONSIBILITY

AQUEOUS TECHNOLOGIES’ LIABILITY SHALL BE LIMITED TO REPAIR OR REPLACEMENT OF DEFECTIVE COMPONENTS PURSUANT TO THE TERMS OF THIS LIMITED WARRANTY AND DOES NOT INCLUDE REPLACEMENT OF COMPLETE PRODUCTS. AQUEOUS TECHNOLOGIES WILL NOT BE HELD LIABLE FOR ANY CLAIMS IN REGARD TO EFFLUENT OR AIR EMISSIONS

QUALITY. INO NO EVENT SHALL AQUEOUS TECHNOLOGIES BE LIABLE IN TORT, CONTRACT OR OTHERWISE, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE, STATUTORY, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS OF TIME, LOSS OF REVENUES, INCONVENIENCE, LOSS BUSINESS OPPORTUNITIES, DAMAGE TO GOOD WILL OR REPUTATION, OR LOSS OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN, IN CONNECTION WITH, ARISING OUT OF, OR AS A RESULT OF, THE SALE, DELIVERY, SERVICING, USE OR LOSS OF USE OF THE PRODUCTS SOLD HEREUNDER, OR FOR ANY LIABILITY OF BUYER TO ANY THIRD PARTY WITH RESPECT THERETO. IN NO EVENT SHALL AQUEOUS TECHNOLOGIES’ LIABILITY, INCLUDING BUT NOT LIMITED TO CLAIMS FOR INDEMNIFICATION, EXCEED THE PURCHASE PRICE OF THE PRODUCT IN QUESTION. IT IS THE BUYER’S RESPONSIBILITY TO ENSURE THAT THE INSTALLATION AND USE OF AQUEOUS TECHNOLOGIES CORPORATION PRODUCTS CONFORMS TO LOCAL CODES. WHILE AQUEOUS TECHNOLOGIES CORPORATION ATTEMPTS TO ASSURE THAT ITS PRODUCTS MEET NATIONAL CODES, IT CANNOT BE RESPONSIBLE FOR HOW THE CUSTOMER CHOOSES TO USE OR INSTALL THE PRODUCT.

CONTACT INFORMATION

Any questions concerning this Limited Warranty should be addressed to:
Aqueous Technologies
Customer Service Department
1678 N Maple, Corona CA 92878
951.298.8800
service@aqueoustech.com

FORCE MAJEURE/EXCUSED PERFORMANCE. All matters herein notwithstanding, any delay or failure in the performance by Aqueous Technologies of its duties, obligations or responsibilities under these Terms and Conditions shall not be a breach of these Terms and Conditions and Aqueous Technologies shall not be liable to Customer for any such delay or failure if such failure or delay arises out of, is caused by or results from acts beyond Aqueous Technologies' reasonable control, including without limitation, acts of God, acts of any government body or unit, acts of materialmen or subcontractors, accidents, breakdowns, compliance with or other actions taken to carry out the intent and purpose of any applicable laws or regulations, drought, explosion, fires, floods, frost, interruption of utility services, labor disputes, mechanical breakdown, sabotage, shortages and/or delays in obtaining suitable equipment, facilities, labor, material, parts and/or transportation, temporary or permanent plant shutdown, terrorism, transportation strikes, vandalism, or any similar or dissimilar cause beyond Aqueous Technologies' reasonable control. Also, and if due to a such force majeure or excusable performance event, Aqueous Technologies is unable to produce sufficient goods and/or products to meet all demands from all of its buyers, including, without limitation, Customer, Aqueous Technologies shall have the right to allocate production among its buyers in any manner that it may determine, acting reasonably.

TERMINATION BY AQUEOUS TECHNOLOGIES. In addition to any other remedies available to Aqueous Technologies at law, in equity or under these Terms and Conditions, Aqueous Technologies may terminate any contract with Customer in the event that: (i) Customer breaches or fails to perform its duties, obligations or responsibilities under these Terms and Conditions; (ii) Customer ceases to carry on its business substantially as such business is conducted on the date of the Purchase Order and such change in circumstances modifies Aqueous Technologies' duties, obligations or responsibilities or impairs either Party's ability to discharge its duties, obligations or responsibilities under these Terms and Conditions; (iii) Customer suffers voluntary or involuntary bankruptcy. reorganization, liquidation receivership or similar proceedings; (iv) Customer generally becomes unable to pay its debts as they become due; or (v) a force majeure or excused performance event as stated above for a period of more than thirty (30) days.

EXPORT RESTRICTIONS. Customer shall comply with all applicable international, national, state, regional, and local laws and regulations with respect to its performance under these Terms and Conditions. Customer agrees to adhere to all applicable US Export laws and regulations with respect to the Products purchased.

CONFIDENTIAL INFORMATION. Customer shall hold confidential and shall not use or permit others to use any confidential information identified as such in writing or orally by Aqueous Technologies or information which Customer knows or has reason to know is confidential, proprietary or trade secret information of Aqueous Technologies.

INDEMNIFICATION. Customer shall indemnify Aqueous Technologies for use and/or resale of the Products sold under these Terms and Conditions where such Product sold are subsequently used in the creation of any product(s) which are in turn to be sold by Customer or otherwise introduced into the stream of commerce.

MISCELLANEOUS PROVISIONS.

A. Entire Agreement; Modification. These Terms and Conditions, together with the Sales Order Confirmation and Credit Card Authorization, all of which are fully incorporated herein by reference, contains all of the Terms and Conditions of the Parties with respect to the matters contained herein, and supersedes all prior agreements, representations or understandings pertaining to any such matter. Except as provided below, these Terms and Conditions may only be amended or modified in writing signed by a duly authorized representative of Aqueous Technologies. Notwithstanding the foregoing, Aqueous Technologies reserves the right to amend or modify, or submit new Terms and Conditions, and if Aqueous Technologies so elects, Aqueous Technologies shall provide to Customer such amended or modified, or new Terms and Conditions. Thereafter, Customer's subsequent purchases of goods and/or products shall operate as Customer's acceptance in their entirety of any such amended or modified, or new Terms and Conditions.

B. Construction. The captions throughout these Terms and Conditions do not in any manner define their scope, meaning or intent. All exhibits or documents referred to in these Terms and Conditions are deemed to be incorporated by reference as if fully set forth at length. Unless the provisions of these Terms and Conditions or the context require otherwise, the definitions set forth throughout these Terms and Conditions shall govern these Terms and Conditions’ construction and interpretation.

C. Remedies Cumulative. No right or remedy herein conferred upon or reserved to Aqueous Technologies are intended to be exclusive of any other right or remedy herein or by law, provided that each will be cumulative and in addition to every other right or remedy given herein or now, or hereafter, existing at law or in equity.

D. Waiver. A waiver of any breach of these Terms and Conditions by any Party shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or any other condition, covenant, provision or term of these Terms and Conditions.

E. Attorneys’ Fees and Costs. In the event of any arbitration or action at law or in equity between the Parties to enforce or interpret these Terms and Conditions, the non-prevailing Party to such litigation shall pay to the prevailing Party all costs and expenses, including reasonable attorneys' fees and disbursements, incurred therein by such prevailing Party and, if such prevailing Party shall recover judgment in any such action or proceedings, such costs, expenses and attorneys' fees and disbursements may be included in and as a part of such judgment. The prevailing Party shall be the Party who is entitled to recover his costs of suit, whether or not the suit proceeds to final judgment. If no costs of suit are awarded, then the prevailing Party shall be determined by the court or the arbitrator, as applicable.

F. Severability. If any condition, covenant, provision or term of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect. However, unless such stricken condition, covenant, provision or term goes to the essence of the consideration bargained for by a Party, the remaining terms, provisions, covenants and conditions of these Terms and Conditions shall continue in full force and effect, and to the extent required, shall be modified to preserve their validity.

G. Assignment. Aqueous Technologies may sell, assign, transfer, convey or encumber the rights and obligations contained in these Terms and Conditions. Customer shall not assign, convey encumber, sell or transfer any right or interest herein or hereunder without Aqueous Technologies’ prior written consent, which consent may be withheld in Aqueous Technologies’ sole and absolute discretion. Aqueous Technologies reserves the right, exercisable in its sole and absolute discretion, to source production of the goods and/or products sold hereunder from facilities other than its own.

H. Binding Effect. These Terms and Conditions shall inure to and for the benefit of and be binding upon each Party’s respective parent, subsidiary or affiliated organizations, agents, attorneys, beneficiaries, custodians, directors, employees, heirs, independent contractors, joint venturers, members, officers, partners, predecessors, representatives, servants, stockholders, successors, and all others acting for, under, or in concert with it, present and future.

I. No Third Party Beneficiary. These Terms and Conditions are made for the sole benefit of the Parties and their respective successors and permitted assigns and no other person or persons shall have any right of action hereon.

J. No Partnership or Joint Venture Created. The Parties’ relationship is that of a seller and a buyer, and these Terms and Conditions are not intended to nor does create a partnership or joint venture or relationship between the Parties.

K. Further Action. The Parties agree to perform all further acts, and to execute, acknowledge, and deliver any documents that may be reasonably necessary, appropriate or desirable to carry out the purposes of these Terms and Conditions.

L. Governing Law; Venue. These Terms and Conditions shall be construed, enforced, governed by, interpreted and performed pursuant to the internal laws, and not the law of conflicts, of the State of California applicable to agreements, contracts and understandings made and to be performed in such state. The Parties also agree that the United Nations Convention on Contracts for the International Sale of Goods, i.e., "CISG", shall not apply to the sale of Products, these Terms and Conditions or any other agreements, contract or understanding between the Parties. The Parties additionally agree that these Terms and Conditions are made and to be performed in Corona, California, and therefore that the only proper venue for any litigation shall be the state and/or federal courts in Riverside County, California. Each Party to these Terms and Conditions: (a) unconditionally consents and submits to the jurisdiction of the aforementioned courts and waives any and all objections each party may have to that court asserting jurisdiction over the Party and/or their respective assets and property; (b) waives any and all objections to venue in any of the aforementioned courts; and (c) waives any and all objections that any of the aforementioned courts are/is an inconvenient forum.