| COMPANY IDENTIFICATION |
www.EmperorAquatics-Pond.com is a DBA for AQUATIC E L.L.C. which is a sister company of Emperor Aquatics, Inc. |
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| PAYMENT
TERMS |
Payment options include: MasterCard, Visa and American Express. Once an order is placed you will receive an e-mail order confirmation. Please contact us immediately if the order is incorrect. If you wish to cancel the order please follow the steps outlined in the ORDER CANCELLATION POLICY. |
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| ORDERING
PROCEDURES |
Note: Shipping and Handling charges are applied to all orders and are additional.
Unless otherwise agreed by AQUATIC E, the price for the goods shall be the price listed at the time the order is placed. The price shall be exclusive of any delivery charges. Packages will be delivered by UPS or in the case of small items USPS. Additional delivery charges will be added for deliveries outside the continental United States and/or same-day or other form of special delivery. International orders may incur additional shipping and handling fees. AQUATIC E reserves the right to make additional charges for delivery and any taxes required by law.
In the event that more information is required to complete the order, AQUATIC E%u2019s Customer Service Department will contact you via the e-mail address and/or phone number you provided. AQUATIC E reserves the right to cancel an order if return contact is not received within 24 hours from AQUATIC E%u2019s initial contact, in which case the order amount will be credited back to the credit card.
AQUATIC E will not ship to Post Office Boxes. Please keep this in mind when ordering, if you list a P.O. Box we will have to contact you for another shipping address, and this will delay your order by at least TWO(2) business days.
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| ORDER CANCELLATION POLICY |
Order cancellations must be received via e-mail to info@emperoraquatics-pond.com and must include the purchaser's Name, Address, and Phone Number. If the order was shipped prior to receipt of the order cancellation notice (e-mail) the purchaser must refuse the shipment and is liable for all shipping costs in addition to a 25% restocking fee after the refused order is received at our facility. In the event that the shipment from the cancelled order is not refused it is the purchaser's responsibility to ship the items in their sealed original packaging to AQUATIC E If the order is cancelled prior to shipment the purchaser will be credited the order amount minus a 5% cancellation fee. |
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| SHIPPING POLICY |
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AQUATIC E strives to ship all orders “in stock items” within 48 hours (Business Hours) or less of receipt of your order, Monday through Friday, unless otherwise noted. We do not process or ship orders on weekends or holidays. If you have not received your order within 15 business days after placing your order, please call us at 1-610-970-0440 x0. Unless specified by the purchaser, the order will be shipped via the most economical method.
Large orders may be palletized and shipped via a freight company to reduce shipping costs. These costs would need to be approved by the customer before the order can be processed.
All orders being shipped outside the Continental United States will incur additional shipping costs. You must contact customer service department at 1-610-970-0440 x0 or at info@emperoraquatics-pond.com for a price quote.
AQUATIC E will not ship to Post Office Boxes. Please keep this in mind when ordering, if you list a P.O. Box we will have to contact you for another shipping address, and this will delay your order by at least TWO(2) business days.
For any addresses that you supply, that are incomplete or incorrect; there will be a $10.00 address correction fee as AQUATIC E is charged extra by the shipping company for corrections. AQUATIC E will not assume responsibility for insufficient or incorrect addresses provided by the customer.
AQUATIC E reserves a security interest in the products sold hereunder and in proceeds thereof to secure payment of the purchase price.
AQUATIC E may be subject to the export administration and control laws and regulations of the United States. Buyer shall comply fully with such laws and regulations in export, resale or disposition of the products. |
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| SHIPPING
DAMAGE |
Shipping Damage: All packages and package contents should be inspected for damage upon receipt. Packages exhibiting EXCESSIVE damage should be REFUSED by the receiver. Packages that are visibly damaged should be carefully inspected and it is the purchaser%u2019s responsibility to report said damage to our office within five(5) days from the date received. Shipping Damage Claims not reported within the stipulated timeframe will not be honored by AQUATIC E. |
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| WARRANTY - LIABILITY |
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Emperor Aquatics, Inc., via AQUATIC E, warrants to the original purchaser of our products, to be free from defects within the time constraints as listed below. All UV lamps and Sleeves are not warranted against breakage since they are made of glass. UV Lamps however, are warranted for 90 days for electrical operation only.
Should the unit become defective within ninety (90) days from the date of purchase, they will be replaced, if proven defective in workmanship or material in the opinion of AQUATIC E. Any costs incurred for the labor of removing the unit shall be the responsibility of the original purchaser. Also, all shipping charges to and from AQUATIC E's place of business
will also be the responsibility of the original purchaser. Damage or failure of any part of the unit covered by this warranty, which results from causes, directly or indirectly, connected with the installation, operation, environment, use or willful abuse, including, without limitation, improper packaging and damage incurred during shipping is not covered by this warranty. Otherwise, any implied warranties that
accompany the sale of these goods are limited to ninety (90) days from the date of purchase. Your exclusive remedy shall be for the replacement of any of the products thereof that are found to be defective or refund of the net purchase price of the defective unit. In no event shall AQUATIC E bear the cost of any incidental or consequential damages arising out of the occurrence of such a defect.
EXCEPT AS SPECIFICALLY SET FORTH ABOVE, EMPEROR AQUATICS, INC., VIA AQUATIC E, DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, AND EXPRESSLY DISCLAIMS ANY AND ALL SUCH WARRANTIES.
This warranty does not cover the following:
• Damage caused by improper installation or maintenance by user or their agent.
• Damage caused due to misapplication of product.
• Damage caused by corrosion, abuse, accident, alteration or improper use.
• Damage caused by flood, fire, earthquake, tornado or other acts of God.
• Damage caused by electrical spikes, surges, brownouts or improper voltage or amperage.
• Damage caused by failure of any third party equipment (ie., power supply, pump, etc.)
• Incidental damage to other equipment, property or livestock.
• Water damage of any kind – water in a power supply will blow the lamp.
IN NO EVENT SHALL EMPEROR AQUATICS, INC. OR AQUATIC E BE RESPONSIBLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER FOR BREACH OR IN TORT, EVEN IF AQUATIC E HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. AQUATIC E'S MAXIMUM LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY CUSTOMER FOR THE ITEM(S) TO WHICH THE CLAIM RELATES. |
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| RETURN POLICY |
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Emperor Aquatics, Inc., via AQUATIC E, warrants all products for 90 days for electrical operation only. All qualified returns will be given a Return to Manufacturer Authorization (RMA) Number by AQUATIC E's customer service staff. This number must be clearly marked on the package. AQUATIC E will refuse all shipments without a clearly visible RMA Number. The returned package must be received within 10 business days of the RMA# issued date. Please contact us at info@emperoraquatics-pond.com or 1-610-970-0440 x0 to acquire an official RMA Number.
The goods must be returned unused, in the original packaging, in complete re-saleable condition and in no way tampered with, changed, or in any way defaced. The goods are returned at the responsibility of and at the expense of the purchaser to the address provided and that proof of purchase and receipt of such goods is traceable by both parties. The purchaser must insure the goods for breakage or damage in transit and shall provide proof of such insurance on request by AQUATIC E prior to dispatch of the goods, provided that AQUATIC E shall not have informed the purchaser at the outset of the contract (order), that the goods are non-returnable or non-refundable.
All returns are subject to a 25% restocking fee.
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| NON-SHIPMENT POLICY |
The quantity of any consignment of goods as recorded by AQUATIC E upon dispatch from the AQUATIC E place of business shall be conclusive evidence of the quantity received by the purchaser on delivery unless the purchaser can provide conclusive evidence proving the contrary. AQUATIC E shall not be liable for any non-delivery of goods (even if caused by AQUATIC E's negligence) unless written notice is given to AQUATIC E within 3 working days of the date when the goods would in the ordinary course of events have been received. Any liability of AQUATIC E for non-delivery of the goods shall be limited to replacing the goods within a reasonable time or issuing a credit at the contract rate against any invoice raised for such goods. |
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| FORCE MAJEURE POLICY |
AQUATIC E reserves the right to defer the date of delivery or to cancel the contract or reduce the volume of the goods ordered by the purchaser (without liability to the purchaser) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of AQUATIC E including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials provided that, if the event in question continues for a continuous period in excess of 60 days, the purchaser shall be entitled to give notice in writing to AQUATIC E to terminate the contract. |
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| GENERAL |
These Payment Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, U.S.A, without regard to the conflict of law provisions, including where otherwise applicable the United Nations Convention on Contracts for the International Sale of Goods. You agree to the exclusive jurisdiction of the court in Montgomery County, Pennsylvania and/or the United States District Court for the Eastern District of Pennsylvania for any claim or cause of action arising out of, or relating to or in connection with these Payment Terms. |
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| WARNING
& SAFETY INSTRUCTIONS |
For Your Safety, Be Aware %u2013 sleeves and UV lamps are made of glass and may have been broken or damaged during transit! It is therefore
ESSENTIAL that the item be CAREFULLY INSPECTED
BEFORE USING IN A UNIT CONNECTED TO AN ELECTRICAL POWER SUPPLY!
WARNING: To guard against injury, basic safety precautions should be observed, including the following:
- WARNING: Avoid exposure to direct or strongly reflected germicidal ultraviolet rays. Germicidal ultraviolet rays are harmful to the eyes and skin.
- DANGER:To prevent the risk of severe or fatal electrical shock, always disconnect power from the UV sterilizer before performing any maintenance.
- Read and follow ALL safety warnings, instructions and notices.
- Do not use equipment for other than its intended purpose.
- Do not alter design or construction.
- Do not remove safety labels or devices.
- Products should be protected from the elements and from below freezing temperatures.
- Do not operate the equipment if its power cord and/or plug are damaged.
- Do not attempt to alter the equipment%u2019s plug by cutting off the ground plug or changing the cord to a two-wire plug.
- Electrical power supplied MUST match power requirements listed.
- CAUTION: Do not operate the equipment without proper electrical ground.
- Do not allow the equipment%u2019s power supply module to be submerged in water i.e. do not place it in the pond or place it in an area where rain water may collect to form a puddle.
- Close supervision is necessary when using our products with or near children.
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LAST UPDATE: APRIL 7th 2009
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