1. Purchase Order Requirements — Equipment Sales
Each Purchase Order shall include: (1) Description of the Product being ordered; (2) Quantity being ordered; (3) Price of Product being ordered; and (4) Required delivery
By placing an order with Suntuity Waterworks, as identified below, (herein referred to as “Suntuity Waterworks“), Buyer agrees to be bound by the following terms and conditions for the purchase of the Products. Whether these terms are included in an offer or an acceptance by Suntuity Waterworks, such offer or acceptance is conditioned on the Buyer’s assent to these terms. Suntuity Waterworks rejects all additional or different terms in any of the Buyer’s forms or documents, except to the extent agreed upon in writing and signed by both parties. No promise, statement or representation by any employee, agent, subcontractor or authorized representative of a Suntuity Waterworks Party will (a) be binding upon Suntuity Waterworks, or (b) relieve the Buyer of his or her obligations herein, unless it appears in a written document signed by the Buyer and Suntuity Waterworks. Waiver of any provision of this Order shall not be deemed to constitute a continuing waiver.
The Buyer shall pay Suntuity Waterworks the full purchase price, including any applicable taxes (e.g. state, G.S.T., provincial, county, property, etc.), delivery charges and any fees for storage or insurance after delivery to the location the Buyer may specify, and the Buyer shall reimburse Suntuity Waterworks for any such payments. Payments are due as per Suntuity Waterworks quoted payment terms. The Buyer shall be charged the lower of 1 1/2% interest per month or the maximum legal rate on all amounts not received by the due date and shall pay all of Suntuity Waterworks reasonable costs (including attorneys’ fees) of collecting amounts due but unpaid.
4. Use; Maintenance
The Products are not for use with influent water that is of unknown quality without adequate pretreatment. The Buyer must maintain the Products according to manufacturer instructions using manufacturer-authorized service parts, including replacement of filters and other components. If the Buyer’s water quality, water consumption, water pressure or flow rate change, or if maintenance of the Products is affected by external factors such as sand or sediment or an inadequate water supply, different or additional Products may be required, and these Products should not be used if such quality, consumption, pressure, flow rate change or external factors are outside of specified ranges. The Buyer is responsible for all maintenance of and repairs to the Products, except to the extent covered by paragraph 5, below.
5. Limited Warranty
As per the then current limited warranty policy published by Suntuity Waterworks.
If the Buyer cancels or suspends his or her Order for any reason other than Suntuity Waterworks breach, the Buyer shall promptly pay Suntuity Waterworks for work performed prior to cancellation or suspension and any other direct costs incurred by Suntuity Waterworks as a result of such cancellation or suspension.
7. Liens, Insurance & Indemnity
a. Purchased Equipment
If the Buyer is purchasing the Products, title to the Products and risk of loss shall pass to the Buyer at the time the Products are delivered to the carrier for shipment, or when delivered to the location specified by the Buyer, whichever comes first. Prior to the full payment of the purchase price, the Buyer shall not permit any lien, encumbrance or security interest to attach to the Products or be levied upon the Products under legal process, or dispose of the Products or permit anything to be done that may impair the value of the Products, and the Buyer shall insure the Products against risk of loss or damage by fire, including extended coverage, theft and such other casualties, in an amount equal to full replacement value.
The buyer shall pay, hold harmless, indemnify and defend Suntuity Waterworks, its officers, directors, employees, agents, affiliates, subsidiaries and franchisees (the “Suntuity Waterworks Parties”) from and against any loss, liability, claims, suits and costs caused by, arising out of, or relating to any damage to property or injury or death of persons arising out of the unloading, storage, application, handling, use, or disposal of the Products except for that portion of damages directly attributable to the negligence of the Suntuity Waterworks Parties. The Buyer agrees to obtain insurance in amounts sufficient to cover the Buyer’s obligations hereunder. The Buyer’s indemnity obligation will survive the expiration, termination or cancellation of this Order.
8. Warranty Obligor and contract partner for Region or Country of Purchase
USA & Canada
Suntuity, 2137 NJ-35, Holmdel, New Jersey 07733