Terms and Conditions
1. Definitions
Aquanoss Benthic Technologies, LLC is referred to as “Seller,” and the person, organization or company purchasing as indicated herein is referred to as “Buyer.” All designs, documents, materials, goods, services or work described herein, regardless of type, are referred to as “products” or “goods.”
2. Billing
All payments for products and services are made in advance in full and orders are shipped only after payments, including shipping costs, are cleared by our bank. Prices are subject to change without notice. All payments are in US dollars only. Once an order has been submitted, credit/debit cards will be charged for the full amount.
3. Payment options
Credit Cards
Aquanoss Benthic Technologies LLC (the Seller) accepts VISA and Mastercard online, via fax and on the phone. You can reach us by phone at 417-942-3144 to place an order, or at 417-368-4558 to place an order by fax. To fax your order, simply fill out our online Fax Order Form and fax it to Aquanoss Benthic Technologies LLC. If we don’t have credit card information on file for you, we’ll contact you to get payment information.
Checks
We accept checks for domestic orders in US dollars. Orders will be processed only after the funds clear and are deposited in our account.
Wire Transfer and Letter of Credit
We accept Electronic Funds Transfer (EFT) for international orders. All fees associated with these payment methods are borne by the Buyer. Buyer agrees to reimburse Seller for all EFT-related charges.
Taxes and Fees
The amount of any present or future sales, use, excise, customs, import duty, or other tax applicable to the manufacture, sale, or transport of our products will be added to the invoice and must be paid by Buyer, unless the Buyer provides us with a tax exemption certificate acceptable to the applicable taxing authority.
4. Shipping
General Information
Once payment has cleared and an order has been accepted, please allow up to 72 hours for it to be processed. Delivery may be 4 to 6 weeks from the date of the accepted order, subject to material availability. Domestic orders are shipped via UPS Ground unless otherwise specified. All international orders are shipped via UPS Expedited or Express shipping unless otherwise specified in advance. We strongly recommend that the Buyer purchase shipping insurance from UPS for shipping benthic chambers and accessories.
All orders are shipped and delivered on business days only (Monday-Friday). Orders will not be shipped on bank holidays, government holidays or weekends.
International Shipping
All International orders are shipped via UPS Worldwide Expedited or Express (unless other arrangements have been agreed on). The cost of shipping is calculated based on weight and the shipping address. Aquanoss Benthic Technologies is not responsible for damage or loss on uninsured orders. The Buyer is responsible for all customs duties, taxes, levies and import or export fees associated with the sale of our products.
Shipping Terms and Risk of Loss
All domestic shipments by Seller are F.O.B. Seller’s place of shipment. All international shipments by Seller are Ex-Works. Risk of loss for Goods will transfer to Buyer upon Seller presenting Goods to carrier. If Seller prepays shipping, insurance, or other related costs, Buyer agrees to reimburse Seller promptly for the actual costs incurred by Seller.
Delivery Schedules
Shipping dates are approximate and require prompt receipt of all necessary Buyer-furnished information and material if applicable.
Aquanoss Benthic Technologies, LLC is not liable for any damages, re-procurement costs, or penalties related to late deliveries. Without limiting the generality of the foregoing, Aquanoss Benthic Technologies LLC is not liable for delays due to force majeure, including, but not limited to, weather conditions, acts of God, acts of civil or military authorities, fires, strikes, job actions, floods, earthquakes, epidemics, quarantine restriction, war, terrorism, riot, supplier or vendor delays, or any other causes beyond the reasonable control of Seller. In the event of such delay, Seller will promptly notify Buyer and the date(s) of delivery will be deferred for a period commensurate with the time lost due to the delay. If the excusable delay under force majeure continues for more than one hundred and twenty (120) days, Seller and Buyer will each have the option of terminating the affected Order(s).
Export
If the Products are to be exported, this order is subject to Seller's ability to obtain export licenses and other requisite documentation within a reasonable period. Buyer agrees to furnish all consular and custom declarations and will accept and bear all responsibility for penalties resulting from errors or omissions thereon. Buyer shall not re-export the Products or any goods or items which incorporated the Products if the re-export would violate United States export laws.
5. Product Warranties:
One Year Limited Warranty on the Acrylic Benthic Chamber System. Aquanoss Benthic Technologies will repair or replace at its sole discretion, without charge, any defects due to faulty materials or workmanship in the Benthic Chamber, Stepper Motor, Stepper Motor Controller or ControlPak™ for 12 months from the date of purchase from Aquanoss Benthic Technologies, LLC. This warranty does not cover part failure due to normal wear or abuse, accidents, or neglect, nor does the warranty apply to damage or corrosion caused by exposure to the environment. This warranty does not apply to damage caused where repairs have been made or attempted by anyone not authorized by the Seller or if any part of the chamber or its sub-assembly or an accessory is modified in any way by anyone not authorized by the Seller. There are no user-serviceable parts in the Stepper Motor or the Stepper Motor Controller. Disassembling the Motor Chamber or the Stepper Motor or modifying or repairing the Stepper Motor Controller without written authorization from Aquanoss Benthic Technologies LLC will void the warranty. Batteries, magnets and syringes have no warranty. For shipments made under this warranty, the customer will pay for shipping to Aquanoss and Aquanoss will pay for shipping the unit back to the customer via surface carrier within the contiguous United States of America.
The warranty on the ControlPaks applies only if the ControlPak is deployed with its original contents as sold by Aquanoss, i.e., the sealed marine battery and the Stepper Motor Controller. If the ControlPak is submerged with any of its original contents removed or if the ControlPak is submerged with materials or objects not part of the original assembly as sold by Aquanoss or if the design or construction of the ControlPak is modified or altered in any way, the Warranty will be voided. Aquanoss' obligation under this warranty is limited to repairing or replacing (at Aquanoss' option) defective products, which shall be the sole and exclusive remedy under this warranty.
THESE EXPRESS WARRANTIES, INCLUDING REMEDIES, ARE EXCLUSIVE AND ARE IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS INTENDED OR GIVEN.
6. LIMITATION OF LIABILITY
IN NO EVENT SHALL SELLER BE LIABLE TO BUYER FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR AS THE RESULT OF THE SALE, DELIVERY, NON-DELIVERY, DELAYED DELIVERY, INSTALLATION, SERVICING, USE OR LOSS OF USE OF THE PRODUCTS OR ANY PART THEREOF, OR FOR ANY CHARGES OR EXPENSES OF ANY NATURE INCURRED WITHOUT SELLER’S WRITTEN CONSENT, EVEN THOUGH SELLER HAS BEEN NEGLIGENT. IN NO EVENT SHALL SELLER’S LIABILITY UNDER ANY CLAIM MADE BY BUYER EXCEED THE PURCHASE PRICE OF THE PRODUCTS IN RESPECT OF WHICH DAMAGES ARE CLAIMED. AQUANOSS BENTHIC TECHNOLOGIES LLC RESERVE THE RIGHT TO CHANGE PRODUCT SPECIFICATIONS AT ANY TIME WITHOUT ADVANCE NOTICE.
7. CANCELLATIONS
After acceptance by Aquanoss Benthic Technologies LLC, an order shall not be subject to cancellation by Buyer except as described in the Delivery Schedule section above or with Seller's consent and upon terms that will indemnify Seller against all direct, incidental and consequential loss or damages.
Returning Products
Please contact Aquanoss Benthic Technologies LLC at: 417-942-3144 or via e-mail at services@Aquanossbenthic.com for all returns and to obtain a Return Merchandise Authorization (RMA) number. No product will be accepted for return without an RMA number.
8. LOSS TO BUYER’S PROPERTY; PATENT, TRADEMARK, OR COPYRIGHT INFRINGEMENT
Seller shall not be liable for, and shall have no duty to provide insurance against, any damage or loss to any goods or materials of Buyer which are used by Seller in connection with this order. Where any Product is manufactured from patterns, plans, drawing, designs, or specifications furnished by Buyer, Buyer shall indemnify Seller against and save Seller harmless from all loss, damage and expense arising out of any suit or claim against Seller for infringement of any patent, trademark, copyright or other intellectual property right because of Seller’s manufacture of such Product or because of the use or sale of such Product by any person. Upon Seller's request, Buyer shall appear in and assume the defense of any such litigation.
