Terms and Conditions of Sale for
Home, Home Office and Small
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT
INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS (LIMITATIONS AND
EXCLUSIONS THAT MAY APPLY TO YOU).
This Agreement contains the terms and conditions
that apply to your purchase (or lease) from the SeaVisions entity named on the
invoice ("SeaVisions") that will be provided to you
("Customer') on orders for Aquarium systems and/or related products sold
in the United States. By accepting delivery of the Aquarium systems and/or
other products described on that invoice, Customer agrees to be bound by and
accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY UNLESS THE
CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH
SEAVISIONS, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR UNLESS
OTHER SEAVISIONS STANDARD TERMS APPLY TO THE TRANSACTION. These terms and
conditions are subject to change without prior written notice at any time, in
SeaVisions sole discretion.
1. Other Documents. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and SeaVisions. 2. Governing Law. THIS AGREEMENT AND ANY SALES THERE UNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. 3. Payment Terms; Orders; Quotes; Interest. Terms of payment are within SeaVisions sole discretion, and unless otherwise agreed to by SeaVisions, SeaVisions must receive payment prior to SeaVisions acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by SeaVisions. Invoices are due and payable within the time period noted on the reverse side of this invoice, measured from the date of the invoice. SeaVisions may invoice parts of an order separately. Orders are not binding upon SeaVisions until accepted by SeaVisions. Any quotations given by SeaVisions will be valid for the period stated on the quotation. Customer agrees to pay interest on all past due sums at the highest rate allowed by law. 4. Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on SeaVisions invoice(s). Unless Customer provides SeaVisions with a valid and correct tax exemption certificate applicable to the product ship to location prior to SeaVisions acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated, except for SeaVisions franchise taxes and taxes on SeaVisions net income. If applicable, a separate charge for taxes will be shown on SeaVisions invoice. 5. Title; Risk of Loss. Title to products passes from SeaVisions to Customer on shipment from SeaVisions facility. Loss or damage that occurs during shipping by a carrier selected by SeaVisions is SeaVisions responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Title to software will remain with the applicable licensor(s). 6. Warranties. THE LIMITED WARRANTIES APPLICABLE TO SEAVISIONS BRANDED PRODUCTS ARE INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS.
MAKES NO EXPRESS
APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE
THE INVOICE. ANY SUCH WARRANTIES WILL BE EFFECTIVE, AND
WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES, ONLY
SEAVISIONS' RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE
SEAVISIONS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS
IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES
MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
RESPONSIBILITY FOR WARRANTY CLAIMS IS LIMITED TO
AND REPLACEMENT AS SET FORTH IN SEAVISIONS APPLICABLE
STATEMENT IN EFFECT ON THE DATE OF THE INVOICE.
reserves the right to modify its warranty at any time, in its sole discretion.
Year 2000. SeaVisions branded hardware is covered by
SeaVisions "Year 2000
of Compliance," a copy of which may be obtained by visiting SeaVisions
at www.SeaVisions.com/year2OOO or by contacting your sales representative.
Year 2000 Statement of Compliance is the exclusive statement of SeaVisions
for year 2000 readiness and compliance.
Return Policies. SeaVisions systems and parts that are purchased
by an end user may be returned only if the part or item was not a custom
designed part or item and or was not a filtration type device or the Biosafe Mail system
that was put into
and all items that the customer request to be returned must receive an RMA #
from SeaVisions. It will be At SeaVisions sole discretion if the Item is
Exchanges. From time to time, SeaVisions may, in its sole
or portions of a product. Any exchanges will be made in accordance
SeaVisions exchange policies in effect on the date of the exchange.
Products. SeaVisions policy is one of on going product update
may revise and discontinue products at any time. SeaVisions will ship products
have the functionality and performance of the products ordered, but
between what is shipped and what is described in a specification
or catalog are possible. The parts and assemblies used in building SeaVisions
are selected from new and equivalent to new parts and assemblies
accordance with industry practices. Spare parts may be new or
Limitation of Liability. SEAVISIONS DOES NOT ACCEPT LIABILITY BEYOND
REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR
NOT BEING AVAILABLE FOR USE OR FOR LOST OR
DATA OR SOFTWARE. SEAVISIONS WILL NOT BE LIABLE FOR
PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL,
INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE
OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD
PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
Arbitration. Any claim, dispute or controversy (whether in contract,
whether pre-existing, present or future, and including statutory,
law, intentional tort and equitable claims) against SeaVisions, its agents,
successors, assigns or affiliates (collectively for purposes of this
"SeaVisions") arising from or relating to this Agreement, its
the breach, termination or validity thereof, the relationships which result
this Agreement (including, to the full extent permitted by applicable law,
with third parties who are not signatories to this Agreement),
advertising, or any related purchase shall be resolved exclusively and
by binding arbitration administered by the National Arbitration Forum
under its Code of Procedure then in effect (available via the Internet at
, or via telephone at 1‑800‑474‑2371). The
will be conducted before a single arbitrator, and will be limited solely
the dispute or controversy between Customer and SeaVisions. The arbitration
held in a mutually agreed upon location in person, by telephone, or online.
award of the arbitrator(s) shall be final and binding on each of the parties,
may be entered as a judgment in any court of competent jurisdiction.
may be obtained and claims may be filed at any office of the NAF
at P.O. Box 50191, Minneapolis, MN 55405. Applicable Law; Not For
Customer agrees to comply with all applicable laws and regulations of
various states and of the United States. Customer agrees and represents
it is buying for its own internal use only, and not for resale. SeaVisions has
terms and conditions governing resale’s.
Service and Support. SeaVisions endeavors to provide the best
telephone support in the aquarium systems
industry. For end‑user
SeaVisions promises that its support people will attempt to handle over
telephone any problem involving SeaVisions products. However, SeaVisions
may not be able to understand or resolve any given problem. Service
may vary from product to product. SeaVisions has no obligation to provide
or support until SeaVisions has received full payment for the product or
service/support contract for which service or support is requested. SeaVisions can
on-site service available to Customer in the United States in accordance
the then current terms and conditions set by SeaVisions and/or the third party