• Terms & Conditions

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Pricing / Terms
Due to constant market fluctuations, product availability, and possible pricing errors, we (AquaPhoenix Scientific, LLC) reserve the right to change pricing with or without notice but will quote current pricing at any time. Pricing for products not manufactured by AquaPhoenix is subject to change throughout the year at the discretion of the Manufacturer. Items may ship from our Hanover, PA, Fort Worth, TX, Midland, VA and/or Brea, CA locations.

Terms are Net 30 days to approved accounts, Visa, MasterCard, Discover, American Express or COD.  Terms for projects exceeding $50,000 may be applied 50% due with order and 50% payable net 30 days from invoice.

Shipping charges will be prepaid and added to the invoice unless carrier account number is provided on the PO.  Motor freight charges are sent PPA unless otherwise arranged. A $4.00 process and handling fee will apply to all collect shipments. Please be aware that hazards are subject to additional fees depending on the freight company and if shipped ground vs air.

Additional packing charges will apply to hazards and special DOT exempt shipping packages. A $50.00 processing fee will be charged for International Hazards requiring additional handling and paperwork.

Shipping
Unless otherwise specified, most orders will be shipped small parcel Fedex or UPS. Please inquire about our email notification for your shipments. Larger orders will usually ship via LTL carrier.  Orders requiring additional delivery services (white glove, inside delivery, etc) must be identified at time of order submission and will be subject to additional fees based on the level of delivery customization.  Many catalog items are shipped the same day the order is placed, and most stock or standard items will ship within 2-3 working days from receipt of order.

Any non-standard items or larger orders will have the shipment date confirmed at time of order based on product availability.  Some of our catalog items cannot ship via Next Day / Second Day due to the tight regulations on air shipments. AquaPhoenix is not responsible for damage due to adverse weather conditions (i.e., freezing). Please consider local weather conditions and request heated or cooled transport if necessary.

Warranty and Product Use
AquaPhoenix provides both products manufactured by AquaPhoenix (“AquaPhoenix Products”), products manufactured by third parties and distributed by AquaPhoenix (“AquaPhoenix Distributed Products”), and equipment assembled by AquaPhoenix (“AquaPhoenix Equipment Assemblies”).  AquaPhoenix Equipment Assemblies are often composed of components manufactured by AquaPhoenix and products supplied by third party manufacturers.  Separate warranties apply to each.

AquaPhoenix Products are warranted to comply with the specifications set forth on their label. For a period of 12 months from the date of delivery, AquaPhoenix shall, upon written notice from customer, at its sole discretion, replace the non-confirming product or refund the purchase price.  This shall be customer’s sole remedy in the event of a breach of the warranty provided in this Section.  All catalog information and statements by AquaPhoenix Scientific are believed to be correct but are given without warranty of any kind. AquaPhoenix Scientific’s products are for industrial, educational and laboratory use only. They are not intended for drug, food, or household use.

For its educational customers, AquaPhoenix compiles kits for its customers (each a “Customer Kit”).  The components of each Customer Kit are defined in writing by the customer (the “Written Specifications”) and AquaPhoenix warrants that the components of its Customer Kits will match the Written Specifications.  AquaPhoenix makes no representation or warranty regarding the fitness or safety of the components and the customer assumes all risk associated with the use of the Customer Kits.

The responsibility for the safe and legal use of the products, chemicals and reagents sold by AquaPhoenix Scientific rests entirely with the customer. We assume the customer to be competent and professional and to take the necessary precautions when handling, storing, and disposing of hazardous or nonhazardous materials.  Customer shall defend, indemnify and hold AquaPhoenix harmless from any and all claims, damages, loss, liability, fines, payments, attorneys’ fees and expenses, arising out of and in connection with injuries (including death), or damage to property (including materials, machinery, tools, equipment) resulting from the negligent or illegal use of AquaPhoenix Products or Customer Kits by customer or any third party to whom customer provided the Customer Kit or AquaPhoenix Product.

AquaPhoenix warrants that AquaPhoenix Equipment Assemblies are assembled in accordance with their written assembly specifications and shall meet all written specifications and requirements for assembly.  For a period of 12 months from the date of delivery, AquaPhoenix shall, upon written notice from customer, reassemble or repair the non-conforming AquaPhoenix Equipment Assemblies in the event of a breach of the warranty provided in this Section.  If the reassembly or repair requires AquaPhoenix to send personnel to perform the repair or reassembly, customer shall be responsible for travel costs which exceed $1,000.00.  In addition to the warranties granted herein by AquaPhoenix, for AquaPhoenix Equipment Assemblies and AquaPhoenix Distributed Products AquaPhoenix will, to the extent permissible, pass through to customer all available warranties and provide all available applicable original equipment manufacturer warranties for AquaPhoenix Distributed Products and third-party equipment which constitutes a part of any AquaPhoenix Equipment Assemblies.

Certain AquaPhoenix Equipment Assemblies rely on the availability of third-party networks.  Customer acknowledges and agrees that AquaPhoenix is not responsible for the availability of these networks and under no circumstances shall AquaPhoenix have any liability for the failure of the AquaPhoenix Equipment Assemblies to properly function due to the availability, or lack thereof, of networks.

THE FOREGOING WARRANTIES ARE AQUAPHOENIX’S SOLE WARRANTIES FOR ANY PRODUCTS SOLD BY AQUAPHOENIX (WHETHER MANUFACTURED, ASSEMBLED OR DISTRIBUTED BY AQUAPHOENIX OR THIRD PARTIES). ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED.

NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE PARTIES AGREE THAT NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR ANY OTHER LEGAL OR EQUITABLE PRINCIPLE, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Returns
To return items for credit or exchange, please contact us for a return material authorization (RMA). We must be notified within thirty days of the shipping date for claims, refunds, or replacements to be considered. The customer will be responsible for the return shipping charges, except in cases of shipping errors made by AquaPhoenix.  Returned goods not physically received within 30 days from the RMA issue date may not be accepted.

Most returns will be subject to a restocking fee. Restocking fee may vary for order-in items. All returned items that are hazardous must be packed, labeled, and shipped per DOT requirements in original packaging.  Private labeled product that is customer specific may not be eligible for return or a refund.

Sales Tax
Shipments to customers are subject to State sales tax except for customers who have provided us with a copy of a tax exemption certificate. If your orders should be exempt from State sales tax, please provide us with a copy of your sales tax exemption certificate(s) and include a reference to your email address so that we may update your customer profile.