Terms of Service
Last edited: December 10, 2019
General
This website is operated by Waterline Technologies, Inc. ("Company", "Seller", "We", or "Us"), a company based in California. Our Services and Products are provided to you, upon your acceptance of the following Terms and Conditions.
"You" ("User", "Customer", or "Client") means you individually, and if you are accepting these Terms on behalf of a company or other legal entity, that legal entity. If you are entering into these Terms on behalf of a company or other legal entity, you must have the authority to bind such legal entity.
By visiting this website and/or purchasing one or more of our products ("Products"), you engage in our “Service” and agree to be bound by the following terms and conditions of service (“Terms of Service” or "Terms). We may amend these Terms from time to time. Please read them carefully, as they contain important provisions relating to your use of the site.
Prices
Price quotations made by Seller apply to online sales only (not in store) and are subject to change without notice. Any change in quantities or destination may result in a price adjustment by Seller. Any taxes now or hereafter imposed upon sales to Buyer will be added to the purchase price. Buyer agrees to pay Seller for any such tax or to provide Seller with an acceptable tax exemption certificate. All payments for Goods must be made in United States currency unless specified in writing by Seller. Payments of Goods will be made by such means as Seller may specify, such as by check or wire transfer, provided that Seller may refuse, in its sole discretion, payment by any means, including, without limitation, credit cards.
Delivery
Seller shall not be liable for delay or default in delivery. Shipment of Goods shall be F.O.B. point of shipment. All responsibility of Seller ceases upon delivery of the Goods to a common or independent carrier, to the Buyer, or to a specified location, at which time all risk of loss is transferred to Buyer. Seller shall not be liable to Buyer for Goods that are damaged or lost while in the possession of a common carrier, and it will be Buyer’s responsibility to recover any and all losses from damage directly from the carrier. In the event Seller is not using a common or independent carrier to deliver Goods, but is itself delivering said Goods, Buyer shall provide Seller the location to which delivery is to be made. Buyer hereby authorizes Seller to make delivery at such location without Buyer or a representative of Buyer being present at such location to physically receive, or sign for, said Goods, and Buyer acknowledges that upon such delivery, Seller shall be deemed to have “delivered” said Goods or to have “tendered delivery” of said Goods and Buyer shall be deemed to be in “receipt of said Goods” at which time all risk of loss transfers to Buyer. Once Seller delivers said Goods to the specified location, even if Buyer or a representative of buyer is not present, Buyer shall assume full responsibility for the Goods, and under no circumstance shall Seller be liable to Buyer for Goods that are damaged or lost while at such location. Seller does not insure shipments beyond the point of delivery to common or independent carriers or to a specified location, as the case may be. For packing and shipping convenience, it will be necessary to ship certain items unassembled. Reassembly of such equipment is the sole responsibility of Buyer. All quotations and agreements are subject to delay caused by the happening of some event beyond Seller’s reasonable control, including, but not limited to, governmental action, strikes or other labor troubles, fire, damage or destruction of goods, manufacturers’ shortages, inability to obtain materials, fuels or supplies, acts of God or any other circumstance whatsoever beyond Seller’s control.
Shipping
The cost of shipping your order is your responsibility unless otherwise negotiated. Our freight charges delivered by other carriers are non-taxable. Any delivery charge for deliveries using our trucks in our local area will be taxable. We ship using many types of carriers and receive large discounts.
We will pass along our saving to our customers. UPS and FedEx and most LTL carriers are available. Our freight quotes are always an estimate – the actual billing price shall apply.
All orders are FOB Santa Ana, California or origin unless otherwise negotiated.
If you are a Southern California customer, please refer to our free delivery schedule. All deliveries are subject to a $200 minimum.
Shipping will typically happen within 2-22 days of placing an order; this does not include transit time of purchased item.
Returns & Exchanges
*We reserve the right to charge a restock fee between 5-25% of the purchased item at our discretion.
Our policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.
To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
Non-Returnable Items:
Several types of goods are exempt from being returned. Perishable goods such as food, flowers, newspapers or magazines cannot be returned. We also do not accept products that are intimate or sanitary goods.
Other non-returnable items:
- Gift cards
- Downloadable software products
- Some health and personal care items
- Any chemicals that have been sealed.
To complete your return, we require a receipt or proof of purchase.
Please do not send your purchase back to the manufacturer.
Refunds (if applicable)
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
*We reserve the right to charge a restock fee between 5-25% of the purchased item at our discretion.
Late or missing refunds (if applicable)
If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact us at brobair@waterlinetech.com.
Partial Refunds (if applicable)
There are certain situations where only partial refunds are granted:
- Any item not in its original condition, is damaged or missing parts for reasons not due to our error.
- Any item that is returned more than 30 days after delivery
- Any item that has a broken seal.
Sale Items (if applicable)
Only regular priced items may be refunded, unfortunately sale items cannot be refunded.
Exchanges (if applicable)
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at brobair@waterlinetech.com and send your item to: 620 N Santiago St, Santa Ana, CA, 92701, United States.
*We reserve the right to charge a restock fee between 5-25% of the purchased item at our discretion.
Gifts
If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.
If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and he will find out about your return.
Shipping Your Return(s)
To return your product, you should mail your product to: 620 N Santiago St, Santa Ana, CA, 92701, United States.
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
Depending on where you live, the time it may take for your exchanged product to reach you, may vary.
If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.
Damages or Shortage Claims
These must be made within three days after delivery. No returns accepted unless authorized and accompanied by a WTI return goods form. Merchandise returned will be subjected to a 5-25% restocking fee at our discretion. A service fee may be charged to accounts 30 days past due at the rate of 1 ½% per month or 18% per annum. In the event of default buyer shall pay all attorney or collection fees. Under California mechanics lien laws, any contractor, subcontractor, laborer, supplier or other persons who helps to improve your property but is not paid for his work or supplies, has a right to enforce a claim against your property. You must request a labor or material release to insure all labor and materials have been paid up to the date of your payment to the contractor. Your property could be sold by the court and the proceeds of the sale could be used to satisfy the indebtedness, this can happen even if you have paid your own contractor in full, if the laborer or supplier remain unpaid.
Safety Information
Buyer acknowledges that Goods sold by Seller may contain a safety information package supplied by the Manufacturer of the Goods. Buyer agrees to provide any such safety information to the person or entity to whom Buyer sells, assigns or transfers the Goods and to thoroughly review same with them. Buyer will make every effort to install any “no diving” and other safety signage as illustrated in the instructions included in the safety package.
Indemnity
Buyer agrees to defend and hold Seller harmless from and against any and all claims of any kind or nature (whether based in tort, contract or otherwise) resulting directly or indirectly from the purchase of Goods by Buyer from Seller or the use or consumption of such Goods by any third party, as well as all other actions or inactions of Buyer, its agents, employees and all others acting on its behalf or at its direction related thereto. For the purpose of this provision, the term “Seller” includes Seller, all parent, subsidiary and related entities, as well as their past, present and future officers, directors, agents, employees, insurers and all for whom they are responsible.
Reformation/Severability
If any provision of this Application, or its application to any person or circumstance, shall at any time or to any extent be held invalid, illegal, or unenforceable in any respect as written, Seller and Buyer intend that such provision be modified or limited so as to render it valid and enforceable to the fullest extent permitted by law. Any such provision that is not susceptible of such reformation shall be ignored so as not to affect any other provision of this Application, and the remainder of this Application shall not be affected thereby and each provision of this Application shall be valid and enforceable to the fullest extent permitted by law.
Waiver of Warranties
Goods sold by Seller are warranted and guaranteed only by the original manufacturer of such Goods to the extent and in the manner warranted and guaranteed by the manufacturer. ALL OTHER WARRANTIES ARE EXCLUDED, WHETHER EXPRESSED OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF REDHIBITION, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR OR ORDINARY PURPOSE. SELLER’S LIABILITY HEREUNDER, AND BUYER’S EXCLUSIVE REMEDIES HEREUNDER, EITHER IN CONTRACT OR IN TORT, INCLUDING BUT NOT LIMITED TO FOR BREACH OF WARRANTY OR FOR NEGLIGENCE, ARE EXPRESSLY LIMITED TO THE COST OF THE GOODS SOLD BY GIVING CREDIT OR REPLACEMENT. SELLER MUST BE GIVEN WRITTEN NOTICE IDENTIFYING THE DEFECTIVE GOODS AND SPECIFYING THE DEFECT WITHIN TEN (10) DAYS AFTER RECEIPT OF THE GOODS BY BUYER. SELLER MUST ALSO BE GIVEN THE OPPORTUNITY TO INSPECT THE DEFECTIVE GOODS, AND IF REQUESTED BY SELLER, THE GOODS MUST BE RETURNED TO SELLER. FAILURE TO GIVE REQUIRED NOTICE WITHIN THE TIME PROVIDED, OR FAILURE TO RETURN DEFECTIVE GOODS TO SELLER FOLLOWING SELLER’S REQUEST, CONSTITUTES A WAIVER OF ALL CLAIMS AGAINST SELLER. SELLER’S RESPONSIBILITY TO GIVE CREDIT OR REPLACEMENT IS LIMITED TO THE EXTENT THAT SELLER IS ABLE TO OBTAIN EQUIVALENT CREDIT OR REPLACEMENT FROM THE ORIGINAL MANUFACTURER OF SUCH GOODS. BUYER AND SELLER AGREE THAT SELLER SHALL NOT BE LIABLE DIRECTLY OR INDIRECTLY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES IN ANY WAY ARISING FROM THE SALE, HANDLING, INSTALLATION OR USE OF THE GOODS SOLD OR FROM ANY OTHER BREACH OF THIS AGREEMENT. It is Buyer’s responsibility to ensure that the Goods are the ones that it has requested and that all specifications and quantities are correct. SELLER HEREBY EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY AND WARRANTIES THAT GOODS CONFORM TO ANY SPECIFICATIONS, DRAWINGS, DESIGNS, OR SAMPLES. Receipt or acceptance of this Application by Seller does not guaranty that credit will be extended. Seller reserves the right to refuse to extend credit and to modify or terminate credit within its sole discretion. If Buyer fails to comply with these Terms and Conditions, or if Buyer’s credit becomes unsatisfactory in Seller’s sole discretion, Seller reserves the right to terminate or restrict any order upon notice to Buyer. Buyer certifies that it is solvent and that it will immediately advise Seller if it becomes insolvent. Buyer agrees to send Seller written notice of any changes in the name, address, form of ownership, state of organization or tax identification number of Buyer within five (5) days of such changes. Such changes may require Buyer to submit an updated Application. Buyer and Seller agree and intend that there are no third party beneficiaries to this Agreement and that Buyer and Seller are the sole intended beneficiaries of this Agreement.
For questions, please contact sales@waterlinetech.com or talk to a person at our facility in Santa Ana, California.
620 N Santiago St, Santa Ana, CA, 92701, United States. (714) 564-9100
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