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SeaVisions of South Florida

                                                    Terms and Conditions of Sale for Home, Home Office and Small

                                         Commercial Customers

 

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. 

SEAVISIONS MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN THIS SECTION AND IN

SEAVISIONS' APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE

OF THE INVOICE. ANY SUCH WARRANTIES WILL BE EFFECTIVE, AND

SEAVISIONS WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES, ONLY

UPON SEAVISIONS' RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE

WARRANTED. SEAVISIONS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS

OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES

OF' MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

SEAVISIONS RESPONSIBILITY FOR WARRANTY CLAIMS IS LIMITED TO

REPAIR AND REPLACEMENT AS SET FORTH IN SEAVISIONS  APPLICABLE

WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE.

SeaVisions reserves the right to modify its warranty at any time, in its sole discretion.

7. Year 2000. SeaVisions branded hardware is covered by SeaVisions "Year 2000

Statement of Compliance," a copy of which may be obtained by visiting SeaVisions

website at www.SeaVisions.com/year2OOO or by contacting your sales representative.

The Year 2000 Statement of Compliance is the exclusive statement of SeaVisions

liability for year 2000 readiness and compliance.

8. Return Policies. SeaVisions systems and parts that are purchased directly from

SeaVisions 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 service.

Any and all items that the customer request to be returned must receive an RMA #

directly from SeaVisions. It will be At SeaVisions sole discretion if the Item is returnable.

9. Exchanges. From time to time, SeaVisions may, in its sole discretion, exchange

products or portions of a product. Any exchanges will be made in accordance

with SeaVisions exchange policies in effect on the date of the exchange.

10. Products. SeaVisions policy is one of on going product update and revision.

SeaVisions may revise and discontinue products at any time. SeaVisions will ship products

that have the functionality and performance of the products ordered, but

changes between what is shipped and what is described in a specification

sheet or catalog are possible. The parts and assemblies used in building SeaVisions

products are selected from new and equivalent to new parts and assemblies

in accordance with industry practices. Spare parts may be new or

reconditioned.

11. Limitation of Liability. SEAVISIONS DOES NOT ACCEPT LIABILITY BEYOND

THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR

PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR

CORRUPTED DATA OR SOFTWARE. SEAVISIONS WILL NOT BE LIABLE FOR

LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL,

SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD

PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.

12. Arbitration. Any claim, dispute or controversy (whether in contract, tort, or

otherwise, whether pre-existing, present or future, and including statutory,

common law, intentional tort and equitable claims) against SeaVisions, its agents,

employees, successors, assigns or affiliates (collectively for purposes of this

paragraph, "SeaVisions") arising from or relating to this Agreement, its interpretation,

or the breach, termination or validity thereof, the relationships which result

from this Agreement (including, to the full extent permitted by applicable law,

relationships with third parties who are not signatories to this Agreement),

SeaVisions advertising, or any related purchase shall be resolved exclusively and

finally by binding arbitration administered by the National Arbitration Forum

(NAF) under its Code of Procedure then in effect (available via the Internet at

hftp://www.arb‑forum.com , or via telephone at 1‑800‑474‑2371). The

arbitration will be conducted before a single arbitrator, and will be limited solely

to the dispute or controversy between Customer and SeaVisions. The arbitration shall

be held in a mutually agreed upon location in person, by telephone, or online.

Any award of the arbitrator(s) shall be final and binding on each of the parties,

and may be entered as a judgment in any court of competent jurisdiction.

Information may be obtained and claims may be filed at any office of the NAF

or at P.O. Box 50191, Minneapolis, MN 55405. Applicable Law; Not For

Resale. Customer agrees to comply with all applicable laws and regulations of

the various states and of the United States. Customer agrees and represents

that it is buying for its own internal use only, and not for resale. SeaVisions has

separate terms and conditions governing resale’s.

13. Service and Support. SeaVisions endeavors to provide the best customer and

technical telephone support in the aquarium systems  industry. For end‑user

Customers, SeaVisions promises that its support people will attempt to handle over

the telephone any problem involving SeaVisions products. However, SeaVisions support

people may not be able to understand or resolve any given problem. Service

offerings may vary from product to product. SeaVisions has no obligation to provide

service or support until SeaVisions has received full payment for the product or

service/support contract for which service or support is requested. SeaVisions can

make on-site service available to Customer in the United States in accordance

with the then current terms and conditions set by SeaVisions and/or the third party

service provider.