Sales terms & conditions – Ultraaqua LLC

1. Introduction

The following terms and conditions shall apply to all sales of UV and Ozone systems or products from ULTRAAQUA LLC unless expressly agreed by the parties in writing. The Quotation and these terms and conditions shall constitute a “Contract” upon acceptance by Buyer.

2. Drawings, descriptions, samples, etc.

All specifications and information on price, dimensions, capacity, properties, composition, technical, and other data stated in catalogs, advertisements, price lists, etc. are approximate and are only intended as a guide. Such information, including specifications, properties and capacity, among others, may be changed in the sole discretion of ULTRAQUA at any time and without notice. In the event of such change for a system or product sold by ULTRAQUA being changed, ULTRAQUA shall be entitled to deliver the changed system or product provided that the performance of such system or product has not been materially and adversely affected by such change. All samples delivered by ULTRAAQUA LLC shall be regarded solely as type samples and may vary or deviate from the systems and products sold hereunder, unless expressly agreed in writing otherwise by the parties.

3. Packaging

Unless otherwise agreed in writing by the parties, the prices quoted are exclusive of packaging or other protection for shipment, which, under normal transportation conditions, is required to prevent damage or deterioration of the systems or products until delivered at the destination stated in the purchase order or order confirmation, as the case may be. These Terms & Conditions shall supersede and supplant any terms and conditions contained in Buyer’s purchase order.

4. Delivery Time

ULTRAAQUA LLC shall provide an estimated delivery time for the system or products upon initiation of production, which shall commence only after the Buyer has fulfilled all agreed milestones. The delivery period shall be estimated in good faith from the date of issuance of an official order confirmation by ULTRAAQUA LLC. Any delivery target dates provided prior to the point the Buyer has fulfilled all agreed milestones shall be regarded as indicative only and subject to change without notice.

5. Shipment

Unless otherwise expressly agreed in writing by the parties, systems and products are sold ex-works and the method of shipment is selected, when not stated in the order, using our judgment and without responsibility for freight differences, which may occur. Unless it has been agreed in writing to the contrary, the date at which the risk is transferred is fixed according to the international rules of interpretation of commercial expressions (Incoterms) issued by the International Chamber of Commerce, valid at the time of acceptance of the purchase order. Complaints of consignments must be made within eight (8) days from receipt of the system or products ordered.

6. Insurance

ULTRAAQUA LLC will insure the system or products shipped to the Buyer only to the extent stated by the Buyer in writing and the insurance will be arranged at the Buyer’s expense. The Buyer shall notify ULTRAAQUA LLC of all damage to or missing parts shipped immediately after the Buyer has become aware of such damage or missing parts and under any circumstances immediately after receipt of the shipment such notification shall be accompanied by a declaration in this respect from the carrier.

7. Date of dispatch

Unless otherwise agreed in writing, confirmation of a purchase order will be sent, stating the estimated date of shipment, according to our best judgment. We take no responsibility for any consequential losses due to late shipment or late delivery of the order, and such late shipment or receipt shall not entitle the Buyer to cancel or rescind this Contract.

8. Number of articles

ULTRAAQUA LLC has the right to increase or reduce the number ordered up to five (5) percent in its sole discretion.

9. Prices

Systems and products are normally supplied at prices as stated in quotations and confirmations of purchase order acknowledgments. All prices are however subject to alteration without notice and the price to be charged will be the published prices as of the date of shipment. Errors and omissions in acknowledgments are subject to correction. All prices stated in the offers of ULTRAAQUA LLC or order confirmations are based on the exchange rates reasonably determined by ULTRAAQUA LLC at or near the date of payment. In the event of changes in exchange rates, etc., ULTRAAQUA LLC reserves the right to increase the price where the exchange rate on the date of payment changes by more than 0.25% as compared to the exchange rate mentioned above. All prices stated in ULTRAAQUA LLC’ written material, including the order confirmation and the quotation, are exclusive of VAT, duties, packaging, taxes, tariffs, and any shipping and delivery charges.

10. Document handling

ULTRAAQUA LLC exclusively sends sales orders, and invoices through our internal electronic system, where you can verify the authenticity of the document as you will be redirected to our system. Under no circumstances will we send official documents by regular email.

11. Ownership

Title to the systems or products delivered together with all accessories shall remain with ULTRAAQUA LLC or the party to whom he has assigned ownership until the entire purchase price for such system and products, together with interest and costs, has been paid in full to ULTRAAQUA LLC or to the party to whom he has assigned ownership in so far as such retention of title is possible.

12. Returned goods

Systems and products may only be returned with our permission, and then on a carriage-paid basis and after a deduction as agreed upon on the invoiced price. Returned goods not exceeding DKK 50.00 in value, will not be credited. In the case of nonstandard articles or articles that have deteriorated in their condition since delivery, we reserve the right to make extra deductions in our sole discretion.

13. Warranty

Articles shown to have a manufacturing defect are exchanged or replaced free of charge when returned to ULTRAAQUA LLC within a period of one year from the date of shipment. The warranty is only valid on condition that the defect is due to faulty workmanship or material and has not been subject to mishandling, poor maintenance, neglect, or other abnormal conditions causing wear and tear. The warranty is strictly limited to the replacement of the defective part only and no liability or responsibility is accepted for loss or damage to persons, other equipment, goods, or property, loss of production time, profit, or any other loss without written agreement of the parties. There is no warranty on quartz glass tubes and UV lamps due to their sensible nature. However, all UV lamps are tested for correct performance prior to shipment.