Terms & Conditions
These terms and conditions (these “Terms”) apply to the purchase and sale of products (“Goods”) from L/B Water Service, Inc. (the “Seller”) and are subject to change by Seller without prior written notice at any time, at Seller’s sole discretion. Any purchases by Purchaser after written notice by Seller of such changes either via its website or other writing will constitute Purchaser’s acceptance of and agreement to the Terms.
1. TAXES. Purchaser is responsible for all taxes, including but not limited to all federal, state, and/or municipal sales, use, excise, or other taxes assessed on the Goods purchased by Purchaser. Sales tax will be charged by Seller unless a valid tax exemption certificate is provided by Purchaser prior to invoice. Exemption certificates provided by Purchaser more than sixty (60) days after delivery will not be honored.
2. DELIVERY TERMS. The Goods shall be delivered to Purchaser at such place provided by Purchaser at the time of purchase and as reflected on any purchase order. Seller shall bear the costs of delivery of the Goods when delivered by Seller’s employees. Title and risk of loss shall remain with Seller until the Goods are delivered. Alternatively, if the Purchaser requests special handling, partial shipments, or rush delivery, the Purchaser shall bear the costs of delivery of the Goods title and risk of loss shall pass to the Purchaser upon Seller’s delivery of the goods to the third-party carrier. In the absence of written instructions from Purchaser to the contrary, Seller, on behalf of Purchaser, shall exercise its discretion as to the manner of shipping. Title and risk of loss shall pass to the Purchaser in accordance with this Section. Shipping and delivery dates are estimates only and cannot be guaranteed. Seller is not liable for any delays in shipments. All claims for shortage of goods or for loss or damage of goods shall be waived unless customer notifies Seller in writing within ten (10) calendar days after receipt of material, detailing any shortages or damage to the goods.
3. PRICES. Quoted prices are subject to change without notice, and all quotations expire and become invalid if Purchaser does not accept them within thirty (30) days from the date of issue, unless a written extension was granted by the Seller. Price extensions when granted by the Seller are for the Purchasers convenience only, and they as well as any mathematical or clerical errors are not binding by the Seller. Any claims by Purchaser related to billing errors or adjustments shall be made in writing with ten (10) days from the invoice date or they are waived by the Purchaser.
4. PAYMENT TERMS. All sales are COD unless Purchaser has an approved credit application granting them other terms. Purchasers with an approved credit application shall be required to issue payment to Seller on any invoice within thirty (30) days of shipment of the Goods unless otherwise agreed upon by Seller and Purchaser in writing via credit application and approved by the sole discretion of the credit department. Should Purchaser fail to make timely payment to Seller, a service charge of 1.5% per month or 18% per year will be added to any past-due balance, until such balance is paid in full. Seller shall be entitled to recover from Purchaser all costs of collection of unpaid balances, including, but not limited to, reasonable attorneys’ fees, court costs, and interest. Purchasers with past due balances may be refused future deliveries at Seller’s sole discretion. Credit cards will be accepted for 100% prepayment or 100% payment in at the time of purchase without additional fees. Balance due amounts paid anytime past point of sale date with a credit card will include a 3% processing fee.
5. SPECIAL ORDERS. Orders for Goods that are non-stock are non-cancellable and non-returnable.
6. RETURNS. Except for any Goods designated as non-returnable, Seller will accept a return of the Goods for a credit to Purchaser’s account provided that such return is made within thirty (30) days of delivery with valid proof of purchase and provided that such Goods are returned in like-new, re-saleable condition. To return such Goods, Purchaser must contact Seller to obtain a Return Merchandise Authorization (“RMA”). No returns of any type will be accepted without an RMA. A handling charge of twenty-five percent (25%) will be charged on all returned items.
7. WARRANTIES. Seller does not manufacture or control any of the Goods. The availability of the Goods by Seller does not indicate an affiliation with or endorsement of any product or manufacturer. Accordingly, we do not provide any warranties with respect to Goods offered. The Goods are covered by the manufacturer’s warranty, if any, included with the Good. To obtain warranty service for defective products, please follow the instructions included in the manufacturer’s warranty.
ALL GOODS OFFERED BY SELLER ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
PURCHASER AFFIRMS THAT SELLER SHALL NOT BE LIABILE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO PURCHASER.
8. LIMITED LIABILITY. IN NO EVENT SHALL SELLER BE LIABLE TO PURCHASER OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES ARE FORESEEABLE, (B) WHETHER OR NOT SELLER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
SELLER’S SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND PURCHASER’S SOLE AND EXCLUSIVE REMEDY, FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY PURCHASER FOR THE GOODS ORDERED FROM SELLER.
9. FORCE MAJEURE. Seller will not be liable or responsible to Purchaser, nor be deemed to have defaulted or breached these Terms, for any failure or delay in Seller’s performance under these Terms when and to the extent such failure and delay is caused by or results from acts or circumstances beyond Seller’s reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to Seller’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, or telecommunication Breakdown or power outage.
10. ARBITRATION. SELLER AND PURCHASER ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT PURCHASER WOULD HAVE IF IT WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN PURCHASER AND SELLER ARISING FROM OR RELATING IN ANY WAY TO PURCHASER’S PURCHASE OF THE GOODS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 10 (the AAA Rules are available at www.adr.org/ or by calling the AAA at 1-800-778-7879). The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
11. GOVERNING LAW. These Terms shall be construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania, without regard to principles of conflicts of law, and without regard to rules of construction.
12. SEVERABILITY. In the event any provision of these Terms are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions of these Terms will remain in effect, along with the terms and conditions of the signed customer credit application shall remain in effect.
13. SELLER’S INTERPRETATION OF PURCHASER’S PLANS. Seller assumes no responsibility whatsoever for Seller’s interpretation of plans or specifications provided by Purchaser. Any interpretation of plans or specifications provided by the Purchaser to Seller for the purchase or bidding are for the Purchasers convenience only, and Seller shall have no liability for quantities or material arising from those interpretations. Purchaser shall rely solely on final approval of plans or specifications by architects, engineers, or other third parties, and NOT on the Seller’s interpretation of plans or specifications.
14. ENTIRE AGREEMENT. These Terms, any quotes provided by Seller, Seller’s Credit Terms and Conditions, and Seller’s Credit Policy, and approved credit application, will be deemed the final and integrated agreement between Seller and Purchaser and there are no other written or oral understandings, directly or indirectly, that are not incorporated herein. Seller reserves the right to change the quoted prices, if these Terms not accepted in its entirety, prior to the expiration date.
ALL ORDERS ARE COD UNLESS AN APPROVED CREDIT APPLICATION GRANTS OTHER PAYMENT TERMS
UPDATED December 8, 2022