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AGREEMENT FOR SALE. These terms and conditions of sale ("Agreement") apply to your purchase of the system, parts and accessories listed on the order acknowledgment ("Products") provided to you by FilterSmart Water (Neptune Online LLC). No course of dealing or custom or usage contrary to this Agreement shall apply. Notwithstanding the foregoing, FilterSmart may correct any typographical or clerical errors, including, without limitation, errors in price, taxes, specifications, quotations, or acknowledgments. By accepting delivery of the Products, you agree and are bound by the terms and conditions of this Agreement. If you do not wish to be bound by this Agreement, you must notify FilterSmart immediately and return your purchase in accordance with FilterSmart Return Policy set forth below.
PRICING. All price quotations are subject to change without notice. Purchaser shall be responsible for collecting and/or paying any and all such taxes, regardless of whether they are stated in the order acknowledgment for the Products. Such charges may, at FilterSmart's sole and exclusive discretion, be prepaid by FilterSmart and added to Purchaser's order acknowledgment.
PAYMENT. All orders for Products must be paid in full in advance of shipment. FilterSmart may, in its sole discretion, approve different payment terms for Products at any time.
SHIPMENT, DELIVERY, INSPECTION. All shipments are F.O.B. fromSanta Barbara California USA. All delivery and shipment dates stated are approximations only, not guarantees, and are subject to product availability. The risk of loss or damage to the Products in transit shall fall upon the Purchaser, whose responsibility it shall be to file claims with the carrier and/or the insurance company. Purchaser shall examine all Products promptly upon receipt and shall notify FilterSmart, in writing, within 7 days of delivery, of any nonconformance. If rejection is intended, Purchaser shall specify all grounds for rejection. Failure to provide FilterSmart with such notice shall be deemed an unqualified acceptance of the delivered Products by Purchaser. FilterSmart reserves the right to ship the products in multiple boxes and/or shipments.
CLAIMS AGAINST CARRIER, CONCEALED DAMAGE. The carrier is responsible for the Products while they are in transit to you. If there is a shortage or damage to your shipment, you must notify the carrier upon the arrival of the shipment to assure approval of your claim. It is the duty and responsibility of the delivering carrier to give you a written report of such shortage or damage following receipt of your notification. Both the Purchaser's copy and the carrier's copy of the receipt, freight bill, or delivery memo (as the case may be) must be noted with the detail of the shortage or damage and all the copies must be signed and acknowledged by the carrier's driver or representative. If the damage is concealed, notify the carrier within 48 hours by phone and in writing, asking them to send their agent to complete an inspection report. Retain all cartons and merchandise for their inspection report and claim approval. It is critical that you file a written claim with the carrier within 48 hours of receipt of shipment for any shortage or concealed damage. You must include the following along with your written claim to the carrier: Carrier's Inspection Report, paid freight bill and original or certified copy of the invoice.