Disclaimer, Copyright, Trademarks and Return Policy
Last edited on 7/4/01
Disclaimer
This site is designed and displayed by Prosperity Management, Inc. on an "as is" basis. Neither Prosperity Management, Inc., Crystal Pure Water Company, nor PureWaterExpress.com makes any representations or warranties of any kind, express or implied, as to the operation of the site, the information, content, materials or products, included on this site. Price and availability information is subject to change without notice. All orders subject to acceptance, verification and confirmation by Prosperity Management, Inc.
To the full extent permissible by applicable law, Prosperity Management, Inc., Crystal Pure Water Company, and PureWaterExpress.com disclaim all warranties, express or implied, including but not limited to, implied warranties or merchant ability and fitness for a particular purpose. Prosperity Management, Inc. does not represent or warrant that the information accessible via this site is accurate, complete, or correct. Prosperity Management, Inc. will not be liable for any damages arising from the use of this site, including but not limited to direct, indirect, incidental punitive and consequential damages.
Neither Prosperity Management, Inc., Crystal Pure Water Company, nor PureWaterExpress.com assumes responsibility for water leaks or damages of any kind arising from installation or operation of the water purification equipment delivered directly from the manufacturing or assembling factory, or for continued maintenance and potential adverse health effects due to negligence of regular maintenance or improper usage.
Copyright
All content included on this site, such as text, graphics, logos, button icons, and images, is the property of Prosperity Management, Inc. or its content suppliers, and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on this site is the exclusive property of Prosperity Management, Inc. and protected by U.S. and international copyright laws. Any use, including the reproduction, modification, distribution, transmission, republication, or display, of the content on this site is strictly prohibited.
Trademarks
All trademarks, service marks, and trade names are proprietary to Prosperity Management, Inc. or other respective owners that have granted Prosperity Management, Inc. the license to use such trademarks, service marks, and trade names, and are protected by U.S. and international trademark laws. Rights to such trademarks, service marks, or trade names are granted only by express written agreement by Prosperity Management, Inc..
Return policy
Prior to returning a product(s), purchaser must obtain from Crystal Pure Water Company a Return Authorization Form (RAF) and an RMA number. Correct return address and receiving department will be specified. Returned goods without a valid RAF and an RMA number are not logged in and will likely get lost. Seller will not assume responsibility for the loss. Purchaser pays for the return shipment and insurance is recommended.
Crystal Pure Water Company and Prosperity Management, Inc. will assess the condition of the returned item(s). If a product(s) is found defective, out of spec, appropriate warranty terms will apply. Full refund is also an alternative, and the return shipment cost will be reimbursed. If the product(s) is functional and within spec, the return shipment cost will not be reimbursed, and the following return policy is in force.
If returned unit(s) is functional and suitable for resale as is, and if buyer orders any item from Crystal Pure with the credit, the original payment minus the first shipping cost is applied in full to the second purchase. If the buyer just wants refund, 15% handling fee will be levied on the original payment minus the original shipping.
If the item(s) has been in use for some time and found not suitable for resale as is, Prosperity Management, Inc. retains the right to unilaterally determine the level of reimbursement depending on the residual resale value.
General Terms and Conditions of Sale
Warning: It is the buyer's and user's responsibility to determine the suitability of a particular product for any particular purpose. Check all applicable industry, trade association, federal, state and local regulations. It is also the buyer's and user's responsibility to install the product, read its operating instructions and warnings carefully, use it properly and safely, and always maintain its components in good working condition. Failure to follow this warning could result in serious injuries and damages. Likewise, it is the buyer's and user's responsibility to maintain vigilance over the state of the equipment. The seller does not assume responsibility for leaks or damages thereof from the device(s) installed and maintained by the buyer or user.
Warranty:
Seller warrants its reverse osmosis equipment against defects in workmanship and material for a period of twelve (12) months from date of purchase, when such equipment is used strictly in accordance with the Operating Manual furnished by Seller, and for purposes disclosed by Buyer at time of purchase. Liability of Seller under this warranty shall be limited to the replacement or repair, F. O. B. Escondido, California, of any defective equipment or part which, having been returned to Seller, freight prepaid, has been inspected and determined by Seller as requiring replacement or repair because of defects in original workmanship and materials. Whenever any instrument or other part of Seller's equipment is covered by a warranty of the original manufacturer, the liability of Seller is limited to such original warranty. No allowance shall be granted for repairs or alterations made by Buyer without Seller's prior consent.
The quality of feed water supplies and water usage rate vary periodically, especially if Buyer's equipment is moved to a new location. For these reasons and other general feed water condition problems, Seller assumes no liability for the determination of the proper equipment or pre-treatment necessary to meet Buyer's requirements, and Seller does not authorize others to assume such obligations for them. Seller's obligation under this warranty is limited to the repair or replacement of the defective parts of the equipment and assumes no liability, whatsoever, for incidental and consequential damages, whether from corrosion or other causes. Reverse osmosis membranes are not covered under this warranty.
Pricing:
All prices are in accordance with the established price schedule of Seller and are subject to change without prior notice. The price charged for the membrane will be fixed as of the date the order is placed with Seller. All prices are F. O. B. Escondido, California. Unless otherwise stated, payment in full is due prior to shipment. All payments shall be made to Seller in United States funds. No responsibility or liability will be undertaken by Seller for import duties, laws, regulations or taxes imposed by any foreign country. Possession of Seller's pricing and catalogues does not constitute the right to purchase. In the event of Buyer's default of payment for the goods sold hereunder, Buyer agrees to pay Seller's reasonable attorney's fees and court costs incurred by Seller to enforce payment thereof.
Sales tax:
Seller is required to charge applicable California sales tax and, if applicable, San Diego sales tax on every item for which a sales tax exemption certification has not been provided. Exceptions are small units where Seller pays applicable taxes, and this condition is explicitly stated in Seller's pricing literature.
Freight policy:
Buyer shall be responsible for all shipping and handling charges. Title and risk of loss pass to Buyer on delivery to the common carrier. If product was damaged in transit, Buyer must file claim with carrier. Shipping weights and dimensions furnished by Seller are as close to practicable as possible but are not guaranteed. No claims will be allowed because of any discrepancy between actual weight or dimensions shipped and listed data. Exceptions are small units where Seller pays shipping and handling, and this condition is explicitly stated in Seller's pricing literature.
Force majeure:
Seller shall not be liable for any failure to deliver, or delay in the delivery of any merchandise due to any cause beyond its control, including but not limited to acts of God, acts of civil or military authority, fires, bombings accidents, epidemics, floods, droughts, riots, wars, restraints on shipping, sabotage, labor disputes, governmental actions, or inability to obtain materials, labor, components, manufacturing facilities, or transportation affecting Seller, its suppliers or sub-contractors in the event of any such delay, or any other circumstances or causes beyond the control of Seller. Seller shall have the right to cancel this control of sale or extend the date of delivery or performance hereunder by a period equal to the time lost by reason of such delay, in the event Seller's production is curtailed for any of the above reasons. Seller may allocate its production among its various customers in a commercially fair and reasonable manner. In the event of delayed or extended shipping dates due to any of the above causes, and Buyer changed shipping instructions, any additional shipping charges shall be paid by Buyer.
Shipping date:
Shipping dates are approximate only and Seller shall not be liable for, nor shall Seller be in breach of its obligations to Buyer because of any delivery made within a reasonable time after the stated shipping date. Seller shall not be liable for any late delivery caused by the failure of Buyer to provide any necessary information in a timely manner.
Cancellation:
Any cancellation must be approved by Seller and may be subject to restocking and other charges.
Returns:
All returns must be authorized by Seller in advance. Items to be returned must be in original, unopened packaging and in sellable condition. Return of such items may be subject to restocking and other charges. Non-standard items (special order items) are non-cancellable and non-refundable except when Seller of said special order item agrees to accept item for return and allowance. Any returned item must be returned freight prepaid.
Credit balance:
Buyer agrees that any credit balances issued will be applied within one (1) year of issuance. If not applied or requested within one (1) year, any balance remaining will be subject to cancellation and Seller shall have no further liability.
Applicable law:
The validity and performance of the terms and conditions of this Agreement shall be governed, construed, interpreted and enforced in accordance with the laws of the State of California and as though both parties were responsible for and did prepare and draft it. Buyer expressly agrees to submit to the jurisdiction of the courts of the State of California for the purpose of enforcing this Agreement.
Assignment:
Buyer may not assign its rights or obligations under this Agreement or any other purchase order with Seller without the prior written consent of Seller and any purported assignment without such consent shall be of no effect.
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