Terms and Conditions
APPLICATION OF TERMS AND CONDITIONS
The following terms and conditions of sale ("Terms and Conditions") govern the sale of bath and spa products by Alberta Aquam Home Spas Ltd. ("Aquam") to customers in Canada and the USA ("Customer"). By using this web site and/or accepting delivery of products ordered from Aquam, Customer agrees to be bound by and accepts these Terms and Conditions. Certain additional terms may accompany the product and shall also apply. Aquam reserves the right to amend these Terms and Conditions without prior written notice at any time, at Aquam''s sole discretion, and the most current version of the Terms and Conditions will appear at all times on this website. These Terms and Conditions supersede any previous written or oral communications or representations by either party related to the products ordered and may not be amended by Customer without prior written consent of Aquam.
QUOTES - ORDERS - PAYMENT TERMS
Aquam accepts Visa, MasterCard, and American Express. At the time Customer's order is placed, Aquam obtains a pre-approval from the credit card company for the amount of the order. Credit card billing occurs when Customer's order ships. Where payment is made by credit card, such payment is subject to the approval of the financial institution issuing the credit card and Aquam shall not be liable in any way if such financial institution refuses to accept or honour the credit card for any reason. Orders are not binding on Aquam unless and until accepted by Aquam. Acceptance of an order occurs when product ships. Acknowledgment of receipt of an order does not constitute acceptance of the order by Aquam. Any quotation provided by Aquam will be valid for the duration stated in the quotation. If no duration is stated, such quotation is valid for 48 hours from date of quotation.
Product availability may be limited and products ordered by Customer from Aquam may not be available for immediate delivery. If the product ordered is not in stock, Aquam will contact Customer with a revised delivery date, at which time Customer may choose to accept the revised delivery date or withdraw the order. Aquam reserves the right, without liability or prior notice, to cease to make available any or all products, and to change the pricing on any or all products. If there are any revisions to or cessation of products, Aquam may ship products which have similar specifications to the products originally ordered. Customer will be given the opportunity to either reject or accept the substitute products and price which may differ from the price of the original products.
SHIPPING AND HANDLING
Aquam will only ship to locations in Canada and the Continental USA and does not ship to Post Office Box addresses. Prices quoted do not include charges for shipping and handling. Separate charges for shipping and handling will be shown separately on Customer's invoice. Aquam makes every effort to ship Customer's product according to estimated lead times at checkout. The estimated lead times are in business days (Monday through Friday), excluding holidays. Any delivery or shipment dates given by Aquam are estimates only and Aquam is not liable for any loss, damage, cost or expense for any failure to deliver in accordance with the given delivery or shipment date. Upon arrival of the shipment of products from Aquam, all packages must be inspected immediately for damage prior to the bill of lading of the carrier being signed by Customer. If the packaging of the products appears to be damaged, contact Aquam immediately for instructions. Customer must take digital pictures of any damage to the packaging and/or products and ensure that the damage is noted on the bill of lading and signed by the driver. If the packaging does not appear to be damaged, Customer must immediately open all packaging and ensure that all items are present. Any missing or damaged items must be reported to Aquam within 72 hours of delivery. The products will be delivered by a single driver and thus Customer must ensure there is an able-bodied individual available to assist in unloading the products. Aquam's carrier will only deliver the products to the ground floor of the Customer's location, and the carrier is not responsible for moving items up stairs, elevators, etc. If redelivery must be made because no one is present at the delivery location when the products are delivered, an extra charge may be applied.
Aquam does not offer installation services and the prices of Aquam products do not include installation. Products and any replacement parts must be installed by a licensed plumber and electrician. If the products are not installed by a licensed plumber and electrician, this may void Customer's warranty. Customer accepts full responsibility and liability for the products' proper use, operation, installation and maintenance. CUSTOMER AGREES TO HOLD HARMLESS AND INDEMNIFY AQUAM FROM ANY AND ALL ACTIONS, SUITS, JUDGMENTS, DEBTS AND LIABILITY CLAIMS ARISING FROM THE USE, OPERATION, INSTALLATION AND MAINTENANCE OF ANY PRODUCT PURCHASED FROM AQUAM. Customer is advised not to schedule installation or carry out preparatory work until the products are delivered and have been inspected by Customer. AQUAM IS NOT LIABLE FOR ANY LOSSES INCURRED BY CUSTOMER AS A RESULT OF DELAYED INSTALLATION SCHEDULES. Customer is advised to speak with the regulatory authority in its municipality and province or state prior to ordering products from Aquam, regarding the suitability of Aquam products in its jurisdiction and any certifications on electrical and plumbing products required in that jurisdiction. AQUAM IS NOT LIABLE FOR ANY FAILURE OF A REGULATORY AUTHORITY TO PASS ANY OF ITS PRODUCTS, OR THE INSTALLATION THEREOF, UPON INSPECTION.
Prices quoted do not include applicable federal and provincial or state taxes, and Aquam will add the appropriate sales tax to each order based on where the product is shipped and the sales tax rates in effect at the time of shipping. Customer is responsible for all sales, use, goods and services, harmonized sales, and other taxes associated with the order.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Aquam shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Aquam shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and Customer's credit card charged. If Customer's credit card has already been charged for the purchase and Customer's order is cancelled, Aquam shall immediately issue a credit to Customer's credit card account in the amount of the charge.
TITLE AND RISK OF LOSS OR DAMAGE
Title and risk of loss to all products will pass to Customer, and acceptance will occur, upon delivery to the address provided by Customer. If Customer selects a carrier other than a carrier that regularly ships for Aquam, title to products and risk of loss or damage during shipment passes from Aquam to Customer upon shipment from Aquam's facility.
Customer may be able to return products ordered from Aquam for a replacement or refund if Customer strictly adheres to all of the terms and conditions below:All eligible returns require prior authorization by Aquam. Customer must submit a written request to Aquam by mail, fax or email, to first get authorization to return the products, and Customer must then return the products within 10 calendar days of that date. A written return request must be made by Customer to Aquam within 7 calendar days of the date the products were delivered.All items must be in "as new" condition, in original sealed packaging, and with all warranty documents, manuals, and accessories. Aquam reserves the right to inspect returns. All shipping, handling and other charges incurred by Customer in returning products purchased from Aquam shall be paid by the Customer. Customer will not be reimbursed for such charges, except where the products returned are being returned as part of an approved warranty claim. Refunds on purchases made with a credit card will only be credited to the same card. After receipt and inspection of the products returned in compliance with all of the above terms, a credit less delivery charges will be issued by Aquam on eligible returns within 14 business days of receipt of the returned products. Aquam reserves the right to charge a restocking fee of 15%. No refund will be processed on installed items.
INVALIDITY OF PROVISIONS
If any of these terms and conditions are held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining terms and conditions shall not in any way be affected or impaired thereby.
Customer agrees and represents that it is buying products from Aquam for its own personal use and not for resale or for any commercial purposes.