FREIGHT
& DELIVERY:
All shipments are F.O.B. local stocking warehouse or manufacturing
facility, as applicable. Title to the products, and risks of loss,
passes to customer at the time of delivery by Seller to the freight
carrier selected by Seller. Seller is not liable for loss or damage
occurring during shipment; and customer assumes the responsibility
to insure each shipment. Any claims for loss should be filed by customer
with the freight carrier immediately upon notification. Date of delivery
estimates are estimates made in good faith and are subject to delay
due to government restrictions, failure of our suppliers to deliver,
fire, strikes, power failures, Acts of God, or other causes beyond
our reasonable control. Packaging of all products shall be at the
discretion of Seller, unless otherwise agreed in writing.
PRODUCT CHANGES:
Seller reserves the right to redesign, alter or modify its products
without any liability for customer’s or any third parties’
existing inventory that may become obsolete as a result of such changes.
MANUFACTURER’S LIMITED WARRANTY
AQUARIUS BRANDS, INC.,
a California corporation ("Seller") dba “Acu-Drip”,
proudly manufactures quality water distribution products and warrants
to its trade customers that it’s products will be free from
defects in materials and workmanship for a period of one year from
date of shipment (the "Warranty Period’).
During the Warranty Period,
Seller, at its sole discretion and without charge to its trade customers,
will repair or replace or refund the purchase price for any products
it determines to be defective. Products returned under this warranty
must be accompanied by a pre-approved Returned Merchandise Authorization
(RMA) and shipped via pre-paid freight to the location given on the
RMA; products returned without a pre-approved RMA will void this warranty.
This warranty limits Seller’s liability solely to repair or
replace or refund of the purchase price for defective products, and
is the customer’s only remedy under any circumstances. Misuse
of a product, including use of a product for a purpose not intended
as set forth in Seller literature, or modification or unauthorized
repair of a product in any manner nullifies and voids this warranty
in its entirety. Filter screen warranty does not cover normal wear
and tear caused by fluid abrasives or for damage caused by over pressurization.
Seller is not responsible
for any incidental or consequential damages to any person or property
resulting from the use of it’s products, and Buyer assumes all
such risk. Products in this catalog are intended for outdoor use only
and should not be used in static pressure applications. Any technical
advise or assistance furnished by Seller with respect to the products
covered by this warranty shall be furnished without charge and will
be given and accepted at the buyer’s sole risk.
This is Seller’s
sole and exclusive warranty. Seller expressly excludes and disclaims
all other warranties of any type, whether expressed or implied, including,
without limitation, those of merchantability and fitness for a particular
purpose. Seller will not be liable for any loss, liability, damage,
cost or obligation, whether direct or indirect, including but not
limited to replacement labor or operating costs, crop or vegetation
loss, or any other consequential or incidental or punitive damages
of any type, resulting from the use of its products.
Seller does not assume
liability for defective products or damage caused by defective products
not manufactured or sold by it even though such products may be used
in conjunction with Seller’s products. This warranty is not
transferable, and does not extend to anyone other than those who purchase
products from Seller. All warranty claims arising during the Warranty
Period must be communicated in writing to Seller within thirty days
after discovery of an alleged defect in materials or workmanship.
CONDITIONS OF
USAGE: This warranty is not valid if the irrigation system and/or
its components are subjected or exposed to any of the following: a.
Greater than 50 psi operating pressure; b. Irrigation water which
has not been filtered or treated to the level specified for individual
components by Aquarius Brands; c. Chemical concentrates (internally
or externally), mechanical abuse, or other foreign material which
are harmful to the individual components.
DISCLAIMER: THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU
OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING WARRANTIES
OF MERCHANTABILITY AND WARRANTIES OF FITNESS OF PARTICULAR PURPOSE.
