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Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.


Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of www.4deepblue.com. The collective work includes works that are licensed to www.4deepblue.com. Copyright 2003, www.4deepblue.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with www.4deepblue.com or purchasing www.4deepblue.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with www.4deepblue.com or to purchase www.4deepblue.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by www.4deepblue.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of www.4deepblue.com used in the site are trademarks or registered trademarks of www.4deepblue.com


Purchase Agreement
These terms and conditions (Agreement) apply to the purchase of any and all products sold by Deep Blue Water Technologies. This includes showroom, home and garden shows, telephone and internet orders. By ordering the product, you accept and are bound to the terms and conditions of this agreement.

IMPORTANT INFORMATION ABOUT THESE TERMS AND CONDITIONS OF SALE

THESE TERMS AND CONDITIONS OF SALE CONSTITUTE A BINDING CONTRACT BETWEEN, YOU THE CUSTOMER AND DEEP BLUE WATER TECHNOLOGIES, LLC CUSTOMER ACCEPTS THESE TERMS AND CONDITIONS OF SALES BY MAKING A PURCHASE, PLACING AN ORDER EITHER VIA TELEPHONE, SHOWROOM, HOME SHOW AND INTERNET SALES.


1. Documents. This agreement may not be altered, supplemented, or amended by the use of any other documents, unless agreed upon in writing and signed by both Deep Blue Water Technologies, LLC and the customer.

2. Payment Terms: Orders & Quotes. Payment terms are within Deep Blue Water Technologies, LLC, sole discretion, and unless otherwise agreed upon by Deep Blue Water Technologies, LLC, payment must be made at the time of purchase. Online payment for Product may be made by Visa or MasterCard. Phone orders may be placed by either credit card or cashier’s checks only. If we do not receive the payment for check orders within 2 weeks from your order date, the order will be cancelled by Deep Blue Water Technologies, LLC, Online quotes are only an estimate and do not guarantee the actual price or product availability. Online quotes are only valid for the time indicated on the quote or 14 business days if not listed. Telephone quotes are only valid for a maximum of 14 days, and subject to change based on availability of product. Deep Blue Water Technologies, LLC, is not responsible for pricing, typographical or other errors, in any offer and Deep Blue Water Technologies, LLC reserves the right to cancel any orders resulting from such errors. Any Telephone order that is placed with a request to ship on a specific date of more than 5 days from the date of order will be required to place a 20% non refundable deposit on the day the order is placed in order to hold that product for the specified ship date. Online orders are unable to specify a specific ship date. Deep Blue Water Technologies will specify a ship date to the best of their ability based on product availability information given to them by their suppliers. Deep Blue Water Technologies, LLC reserves the right to cancel any order where the lead times and customers expectations do not coincide.

3. Shipping. Shipping and handling charges are an additional charge unless otherwise specifically noted at the time of the sale. All shipping charges are non-refundable. Deep Blue Water Technologies, LLC, offers three types of shipping options. (1) Will Call at one of our shipping terminals, warehouse or retail or distribution outlets, which is the most cost effective way to accept delivery. (2) A Commercial business address. All of our carriers are set up for business deliveries, providing you have either a loading dock or fork lift to remove the shipment from the truck. Our shipping companies will not unload your product for you. (3) Residential/Lift-Gate delivery to your home address is also an option. The shipping companies will deliver your shipment to your driveway only; they will not bring it into your home or move it to your desired location. This option is the most expensive due to the fact that the carrier must arrange for a specific delivery date and time. We do not guarantee any shipping times; although we will do our best to get the product to you as quickly as possible, sometimes factors occur beyond our control and may affect shipping times. If for any reason you cannot accept delivery of your shipment, after the order has shipped, any and all re-delivery, re-consignment and or storage fees will be the consumer’s responsibility. These fees can be costly, so please be sure you can accept delivery, once it reaches its final destination.

4. Receiving your freight. Please be sure to inspect your shipment before signing for it. Although freight damage is rare, it can occasionally happen. Any and all damage must be noted in writing on the freight bill/delivery receipt. It is the consumer’s responsibility to make sure that no damage has occurred, prior to signing for your shipment. Be sure to verify that you have the correct number of pieces. A packing slip is attached on each shipment and will show the total piece count for the order. Once you sign the delivery receipt, the shipment becomes your property. Upon receipt of your order you must notify Deep Blue Water Technologies, LLC. of any discrepancies within 24 hours from receipt of the shipment. Failure to do so will hold Deep Blue Water Technologies, LLC, harmless of any claims.

5. Damaged Merchandise. We carefully package your order, prior to shipping and although freight damage is rare, it can occasionally happen. If apparent/visual damage should occur, it must be noted on the freight bill or delivery receipt and signed by the carrier’s agent, failure to do this will result in the carrier refusing to honor the claim. If excessive damaged has occurred the merchandise should be refused upon original delivery attempt. Please save any damaged product, and the original box and packaging and notify Deep Blue Water Technologies, within 24 hours of receipt of your shipment. We will send (at our discretion, should the parts exceed our internal formulas we reserve the right to have you repackage the product and ship it back to us.) any parts required for documented freight damage. Failure to notify us of any documented damage or missing parts within the 24 hour time frame will be the customer’s responsibility for any repairs and or replacement parts. Once you sign for your shipment, it becomes your property.

6. Return Policy. If you are unsatisfied with your purchase you may return the item(s) in original re-saleable condition, in the original unopened packaging for a refund within 30 days of the original purchase date. You will be credited (less a 30% restocking fee and all shipping charges incurred) upon arrival, and inspection of the item(s) at our warehouse. The shipping charges to return the item(s) to us will be the purchaser’s responsibility. Please contact us for a return authorization number prior to the return. Any items returned without prior authorization may be refused and returned to the purchaser at their expense. “Discontinued” and or “Dent and Scratch” items are exempt for our Return Policies; they are a final sales item and are not returnable. All items returned must be in a saleable condition. Merchandise must be in its original box. Merchandise must be unused. All merchandise not meeting the above criteria will be refused or returned to the customer at the customers own expense.

7. Warranty. If it is determined that repair is necessary, we will ship any required replacement parts to you. All parts are sent via Freight Ground with an option for the consumer to pay for an express shipping method. Packages too large for Freight Ground shipments will be communicated with the customer and separate arrangements made for such products taking into consideration that the lowest shipping costs will be used to determine freight methods. The purchaser is responsible for return of any defective part(s) to Deep Blue Water Technologies, LLC. In order to ensure the return of defective parts, replacement part(s) will be charged to you and reimbursed upon the return of the defective part(s). A Labor reimbursement fee may be paid to you based on the servicers’ rate schedule for that specific repair.

8. Liabilities. Due to the fact that Deep Blue Water Technologies, LLC only manufactures apportion of what can be ordered, we shall assume no liability arising from the use, misuse or improper operation or installation of any products purchased from us. We shall not be responsible for any amount other than that of the original purchase price of the product in question.

9. Cancellations. Once your order has been processed we are unable to accept cancellations. If you order is on back order and has not been shipped you may contact us directly for updates. Special permission can be requested under these circumstances and cancellation granted, special restrictions may apply for special order items.

10. Governing Law. THESE TERMS AND CONDITIONS OF SALE AND ANY FURTHER SALES WILL BE GOVERNED BY THE LAWS OF THE STATE OF ARIZONA, WITHOUT REGARD TO CONFLICTS OF LAWS OR RULES.

11. Product selection. We reserve the right to add, change or delete product selection at any time. All pricing is subject to change at any time, once an order has been processed, no price adjustments will be made. Deep Blue Water Technologies, LLC, is authorized by all its’ manufacturers to do minor adjustments to their product. Deep Blue Water Technologies, LLC may substitute a specific model number and their sole discretion and reserves the right to change manufacturers at any time, based on inventory levels and economic needs.

12. Dispute Resolution/Arbitration. The parties will attempt to resolve any claim, or dispute or controversy (whether in contract, tort or otherwise) against Deep Blue Water Technologies, LLC, its agents, employees, successors, assigns or affiliates arising out of or relating to this Agreements, Deep Blue Water Technologies, LLC, Advertising, or any related purchase (a “Dispute”) through face to face negotiation with persons fully authorized to resolve the “Dispute” or through mediation utilizing a mutually agreeable mediator, rather than through litigation. If the parties are unable to resolve the “Dispute” through negotiation or mediation within a reasonable time after written notice from one party to the other that a “Dispute” exists, the “Dispute” will be settled by binding arbitration in accordance with the then current CPR Rules for Non-Administered Arbitration. The arbitration hearing shall take place in Phoenix, Arizona and will be governed by the United States Federal Arbitration Act to the exclusion of any inconsistent state laws. Each party will bear its own cost of any legal representation, discovery or research required to complete arbitration. The arbitrators shall render their award in writing and will include the findings of fact and conclusion of law upon which their award is based. Judgment upon the arbitration award may be entered by any court of competent jurisdiction. The existence or results of any negotiation, mediation or arbitration will be treated as confidential. Notwithstanding the foregoing, either party will have the right to obtain from a court of competent jurisdiction a temporary restraining order, preliminary injunction or other equitable relief to preserve the status quo or prevent irreparable harm, although the merits of the underlying “Dispute” will be resolved in accordance with this paragraph.

13. Competitive Pricing. We will beat or match competitor pricing for a period 30 days after purchase so long as the competitor has the product in question in stock, and the price can be verified through the following submission from the customer: competitor business name, address, phone number, advertised price, and dates through which the competitor price is valid. This information must be submitted via fax or email to a Deep Blue Water Technologies, LLC sales professional during the period which the competitor price is valid. Deep Blue Water Technologies, LLC, considers the customers total cost of purchase as the price, and this is the price that Deep Blue Water Technologies will match or beat.

DEEP BLUE WATER TECHNOLOGIES ~ Terms and Conditions of Sale