Buyer’s offer resulting from the quote is conditioned upon Buyer’s assent to the standard terms and conditions listed below. All orders will be subject to these terms and conditions as noted on all quotes issued.
If Buyer objects to any of the terms below, the objection must be submitted in writing within ten days of receipt of these conditions. Failure to properly submit objections within this time period or acceptance by Buyer of any goods or services shall be conclusively deemed agreeable to the terms and conditions below. HydroScientific West’s failure to object to provision contained in any communication from Buyer will not be a waiver of the provision hereof.
Prices do not include taxes applicable to goods and/or services sold on this transaction. Taxes will be added when invoicing Buyer unless a valid Resale Certificate is provided by Buyer. If not such certificate is received, Buyer is bound to pay taxes to comply with law.
Prices are only valid 60 days from the quotation submittal to Buyer unless the quotation is stated otherwise. If Buyer submits an order after the time period, HydroScientific West reserves the right to charge adjusted new price(s) if applicable.
3. Title and Delivery
All shipments of goods shall be delivered F.O.B. HydroScientific West or F.O.B. from an approved supplier. Title and liability for loss or damage thereto shall pass to Buyer upon delivery of the goods to a carrier for shipment. Buyer shall be liable for costs of insurance and transportation and for all import duties, taxes, and any other expenses incurred or licenses or clearance required at port of entry and destination. Prices do not include shipping fees applicable to goods sold on this transaction.
4. Terms and Method of Payment
Terms of payment shall be net thirty days from date of invoice. Such acquisition of these terms is subject to approval with credit references with the exception of governmental agencies/departments. The amount of credit or terms of payment may be changed, or credit withdrawn at any time. If shipments and/or services are delayed by Buyer, payments are due from the date when HydroScientific West is prepared to make shipments and/or scheduled services. Goods held for Buyer are at Buyer’s risk and expense.
Visa and Mastercard payments are also accepted methods of payment for current or past due charges. Invoices may be paid by credit card without credit reference approval.
Past due invoices will be charged at a rate of 18% per annum. Failure to remit such payments may result in collection agencies and/or legal action.
HydroScientific West shall not be liable for any delay in delivery or for non-delivery of goods and/or services in whole or part, caused by the occurrence of any contingency beyond the control of HydroScientific West or approved suppliers.
6. Retention of Ownership HydroScientific West reserves the right to repossess the shipped goods until payment is received in full. If the article is sold with the intention of installation at a later date, the product is covered by the retention of ownership until installation is done for warranty purposes and payment is still due per the terms above.
7. Warranty Most products carry a one-year warranty. If there are defects in the products, contact HydroScientific West immediately so the issue can be remedied. At any time, Buyer can inquire about the warranties on the specific products of interest.
Returns are accepted on a case by case basis and with prior approval. Buyer is required to obtain an RMA number or approval from HydroScientific West. Returns are dependent on the products and can be inquired about during the quotation and/or ordering process. Services such as maintenance and training are non-refundable and Buyer is bound to payment.
9. Legal Compliance
Buyer, at all times, shall comply with all applicable federal, state and local laws and regulations. Export of the goods covered by this quotation or acknowledgement may be subject to export license control by the US government. It is Buyer’s responsibility to obtain any licenses which may be required under such applicable laws.
1. Statement of Qualifications
HydroScientific West represents that it is fully experienced and properly qualified and licensed as necessary to perform the work provided for in this contract and that it shall perform all such work in a satisfactory manner and in accordance with the best standards of practice. HydroScientific West shall provide all necessary documentation such as contractor’s license, necessary insurance documents, and any other reasonable requests made by the Buyer. In the event HydroScientific West serves as a subcontractor, all requests made by the Master Contractor will be completed within a specified time frame. HydroScientific West requires written instructions only before performing any work (contract, purchase order, change order, etc.).
2. Scope of Work
HydroScientific West shall conduct the work in accordance with the quote/proposal provided to the Buyer. If there is an objection to the proposal, the Buyer shall notify HydroScientific West before issuing a contract/work order. HydroScientific West in return will provide confirmation or declination of objections. HydroScientific West shall furnish all necessary supervision, management, labor, tools, material, equipment, supplies, engineering testing and/or services included in the originally quoted amount. Any additional work outside the scope shall be discussed with the Buyer and a Change Order or additional Purchase Order must be issued. The performance of such work and materials used shall be done so in strict compliance with the agreement. HydroScientific West shall comply with any and all laws, ordinances, rules, and regulations of any and all governmental authorities bearing on the conduct of work, including but not limited to, OSHA Regulations, Fair Labor Standards Act of 1938, as amended, and Executive Order 11246, as amended (including Equal Opportunity and Nondiscrimination provision thereof). If such abidance is not pursued, HydroScientific West shall take full responsibility. HydroScientific West shall also comply with Buyer set forth guidelines such as safety laws, accident prevention programs, etc. as well as maintain a respectful presence on more delicate sites including but not limited to Wildlife Refuges, Parks, etc.
HydroScientific West shall obtain the Buyer’s prior approval before subcontracting any portion of work inside the scope. In the event a subcontractor is used, HydroScientific West will continue to take full responsibility of work.
As a subcontractor, HydroScientific West shall conduct all work in strict accordance with the Prime Contractor’s contract/work order. All questions, requests, etc. will be brought to the Master Contractor as quickly as possible to advice. HydroScientific West shall abide by all agreed upon laws, ordinances, rules, and regulations of any and all governmental authorities as laid out in the contract. HydroScientific West shall not take responsibility of any repercussions resulting from any work conducted outside HydroScientific West’s scope from the Buyer, and will refer all non-related issues to the Prime Contractor.
2.3 Contract/Work Order Termination
In the event Buyer terminates the work order/contract, Buyer is responsible for payment on all charges accrued up until the formal date of written cancellation regardless of completion. This includes, but is not limited to, labor charges, travel costs and materials cost. The above listed payment options are the same for contracts/work orders. If the contract is terminated based on Buyer (or Prime Contractor) dissatisfaction after work completion, written communication must be provided explaining the reasons. If this written communication is not received or it does not demonstrate that HydroScientific West did not complete the scope of work, full payment is required by Buyer. If it is terminated based on Buyer (or Prime Contractor) dissatisfaction before work completion, written communication must be provided citing where HydroScientific West did not abide. If it is not received or does not demonstrate a breach of contract or scope of work, Buyer must remit payment on all charges accrued up until the date of the written communication by the customer and may also be subject to early termination fees. Failure to remit such payments may result in collection agencies and/or legal action.
HydroScientific West should indicate on the quote to Buyer instructions for the first maintenance visit. After one-year of work completion (or after the first site visit whichever comes first) the Buyer (or Prime Contractor) requests a maintenance visit, Buyer (or Prime Contractor) is subject to maintenance charges. These charges may vary depending on location and reason for requested maintenance. Buyer (or Prime Contractor) may inquire about such rates at any time.
*Please note: Sales Provisions 1-7 and 9 apply.