Terms and Conditions
This sets forth the Terms and Conditions of Sale for goods manufactured and/or supplied, and services provided by Aqua Solutions, Inc. of Deer Park, Texas and sold to the original purchaser thereof (“Buyer”). Unless otherwise specifically stated in a previously executed written purchase agreement signed by authorized representatives of Aqua Solutions, Inc. and Buyer, these terms and conditions establish the rights, obligations and remedies of Aqua Solutions, Inc. and Buyer, which apply to this offer and any resulting order or contract for the sale of Aqua Solutions, Inc.’s goods and/or services (“Products”).
Prices
Aqua Solutions, Inc. reserves the right to change prices without advance notice. Price changes will be provided as they occur. Whenever possible, Aqua Solutions, Inc. will give advance notice of expected price changes. To avoid order delays, Aqua Solutions, Inc. will bill the prevailing price at time of shipment. All prices are F.O.B. Deer Park, Texas 77536.
Ordering and Payments
Orders can be transmitted via phone, fax, e-mail (orders@aquasolutions.org), or website. Payments can be made by ACH, check, cash, or all major credit cards. Customers can also provide credit references to request to set up a Net 30 payment terms account.
Shipping
Every attempt will be made to provide economical, dependable carriers for all shipments. If provided and possible, we will adhere to your shipping specifications or routing guide. We reserve the right to determine the best transportation available for the size and nature of the order. Special packing charges will be added as required. Fuel surcharges may apply. Most routine orders are shipped within 72 hours.
Packaging and Labeling
The package types and sizes listed in this catalog are deemed most suitable for their particular use. Prices for sizes and types not listed will be quoted upon request. All Aqua Solutions, Inc.’s products are labeled with applicable warnings and hazards. For additional information please consult the SDS. Products used beyond expiration dates are solely the responsibility of the user. All products are intended for LABORATORY USE ONLY and Aqua Solutions, Inc. is not responsible for the misuse of any of the products it provides.
Inspection
Buyer will promptly inspect and accept any Products delivered pursuant to this Contract after receipt of such Products. In the event the Products do not conform to any applicable specifications, Buyer will promptly notify Aqua Solutions, Inc. of such non-conformance in writing. Aqua Solutions, Inc. will have reasonable opportunity to repair or replace the nonconforming product at its option. Buyer will be deemed to have accepted any Products delivered hereunder and to have waived any such non-conformance in the event such a written notification is not received by Aqua Solutions, Inc. within thirty (30) days of delivery.
Cancellation
Buyer may cancel product orders subject to fair charges for Aqua Solutions, Inc. expenses including handling, inspection, restocking, freight and invoicing charges as applicable.
Buyer must follow Aqua Solutions, Inc.’s return of material instructions when returning goods to Aqua Solutions, Inc. All items cancelled and returned will be at Buyers expense and must be within thirty (30) days of delivery, in the same condition received.
Return of Material/ Limited Warranty
Please request authorization before returning any items to Aqua Solutions, Inc. All requests must include Name, Catalog Number, Date of Receipt, Lot Number, and reason for return. You will be given an RGA (return goods agreement) which must be included with a return shipment. Material which has been custom manufactured or has limited shelf-life is not returnable.We will provide prompt advice about credit allowances, restocking charges and shipping instructions. Aqua Solutions, Inc. warrants that Products sold hereunder will be free from defects in material and workmanship and will, conform to any express written warranty pertaining to the specific goods purchased. Warranties do not cover damage due to external causes, such as accident, abuse and misuse of product. The sole remedy for products not meeting this Limited Warranty is replacement, credit or refund of the purchase price. This remedy will not be deemed to have failed of its essential purpose so long as Aqua Solutions, Inc. is willing to provide such replacement, credit or refund.
Safety Data Sheets
As required by law, Safety Data Sheets are available for any chemicals sold. In cases of emergency contact CHEMTREC at 1-800-424-9300, where emergency information on Aqua Solutions, Inc.’s products is available. Safety Data Sheets are available from our website.
Manufacturing Specifications and Quality
Aqua Solutions, Inc. is ISO 9001:2015 certified and ISO/IEC 17025:2017 accredited certified. Our products are manufactured under rigid quality control, and are quality assured. These products are guaranteed to equal or exceed specifications as labeled and be suitable for their intended use. All aqueous based solutions are manufactured with high purity deionized water. All of our reference buffers, and many of our acids, bases and other titrants are certified traceable to Standard Reference Materials from the National Institute of Standards and Technology (NIST). When suitable NIST material is not available, titrants may be certified using high purity primary standards or secondary standards. Our labels clearly indicate when a product is NIST traceable and certificates of analysis specify which Standard Reference Material the titrant is traceable to. Titrants are typically standardized at 20 degrees Celsius and the temperature of standardization is included on the label. Certificates of analysis are available on all products. Copies of our ISO certificates and sample labels can be found on our website.
Custom Manufacturing
Aqua Solutions, Inc. will be pleased to manufacture solutions in concentrations or strengths which are not listed in this catalog. We will also manufacture solutions or supply chemicals to your specifications. Please inquire for price and availability of specialty items.
Explanation of Expiration Dates and Product Stability
The expiration date provided on the product label is based on our experience with similar products, stability, studies, published data, or in the case of custom products may be established by the end-user. Our products are suitable for use until the expiration date if stored under the following conditions:
• Original unopened container with seal intact.
• Product stored at controlled room temperature (60° -90°F, 15.5° - 32°C). Note some products indicate to refrigerate(store between 36° - 46°F, 2° - 8°C). Opened Containers: Once the container is open, the shelf life depends on storage and handling by the end-user. Because of variability in handling and storage practices we cannot certify the expiration date for opened containers. The end-user can maximize the shelf life of opened containers by taking the following precautions:
• Once material is removed from the bottle, do not return unused product back to bottle.
• Keep open container in an area free from fumes.
• Always recap bottle immediately after use.
• Store opened bottles at recommended temperatures (60°- 90°F, 15.5° - 32°C for room temperature or between 36° - 46°F, 2° - 8°C for refrigerated products).
• Do not pipet directly from bottle. Expiration Verification: Aqua Solutions, Inc. has an expiration data verification procedure (method QCSP 52) that is employed to confirm the expiration on many product lines. Products involved in this process, are manufactured, tested and stored under the same conditions as product sold to our customers. Custom Products: The customer has the right to establish the expiration for custom blends using our Customer Product Quality Requirement Form (CPQR). When the CQPR form is used, the customer accepts responsibility to set the shelf life for specialty products.
Frozen Product Policy
Customers should take weather and time of year into consideration when ordering freezable products. Aqua Solutions, Inc. cannot be responsible for frozen products. Please review when ordering as non-hazardous materials may ship by air. Aqua Solutions, Inc. does not ship hazardous material by air.
Force Majeure
Aqua Solutions, Inc. is excused from performance of its obligations under this Contract to the extent caused by acts or omissions that are beyond its control of, including but not limited to acts of any government; fires, floods, severe weather conditions, or any other acts of God; quarantines; labor strikes or lockouts; riots; strife; insurrections; civil disobedience or acts of criminals or terrorists; war; material shortages or delays in deliveries to Aqua Solutions, Inc. by third parties.
Limitation of Liability
None of the Aqua Solutions, Inc. Indemnified Parties will be liable to any Buyer Indemnified Parties under any circumstances for any special, treble, incidental or consequential damages, including without limitation, damage to or loss of property other than for the product purchased hereunder; repair or replacement; lost profits, revenue or opportunity; loss of use; losses resulting from or related to downtime of the products or inaccurate measurements or reporting; the cost of substitute products; or claims of any Buyer Indemnified Parties’ customers for such damages, howsoever caused, and whether based on warranty, contract, and/or tort (including negligence, strict liability or otherwise). The total liability of the Aqua Solutions, Inc. Indemnified Parties arising out of the performance or nonperformance hereunder or the manufacture, sale, delivery, and/or use of Products will in no circumstance exceed in the aggregate a sum equal to the amount actually paid to Aqua Solutions, Inc. for Products delivered hereunder.
Non-Disclosure of Information
Customer data is confidential and proprietary information to customer. Aqua Solutions, Inc. acknowledges that it will have access to customer data in the course of providing the services and agrees to hold customer data in confidence and not to release or give access to customer data to any third party. Aqua Solutions, Inc. further agrees not to make use of data for its own benefit or for the benefit of any third parties, other than for the performance of this agreement. Notwithstanding the foregoing, Aqua Solutions, Inc. may retain customer data for the purpose of analysis and research and to aggregate it with that of other Aqua Solutions, Inc.’s customers for statistical analysis, trends or other industry-related purposes so long as such use does not result in identification of a customer.