PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PURCHASING THE PRODUCT. BY CLICKING “I AGREE” BELOW, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK ON THE “CANCEL” BUTTON AND YOU WILL NOT HAVE ANY RIGHT TO PURCHASE THE PRODUCT. HYDROPHASE’S AGREEMENT TO SELL YOU ANY OF THE PRODUCTS IS EXPRESSLY CONDITIONED UPON YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS. IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY HYDROPHASE, THEN ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
THIS PURCHASE AGREEMENT (this “Agreement”) is made effective as of the Effective Date (as defined below), by and between HYDROPHASE, LLC, a Texas limited liability company (“Hydrophase”), and the party clicking on “I AGREE” below as the “Buyer” (“You” or “Buyer”). You and Hydrophase may be referred to individually as a “Party” or collectively as the “Parties.”
1. Purchase of Product. Hydrophase agrees to sell to You, and You agree to buy from Hydrophase, the product or products (collectively, the “Product”) listed on the separate order form, and in the quantities and at the purchase price listed thereon. Upon Hydrophase’s receipt of Your payment in full and Your agreement to the terms and conditions of this Agreement, Hydrophase shall cause the Product to be delivered to You at the shipping address specified by You. Hydrophase makes no representation or warranty concerning the time of shipment or delivery of the Product.
2. Effective Date. The effective date of this Agreement (the “Effective Date”) shall be the later of (1) the date You sign this Agreement, either digitally or physically, and (2) the date Hydrophase actually receives payment of the full purchase price for the Product.
3. Returns. Buyer may return the Product to Hydrophase within sixty (60) days after the Effective Date if and only if the Product is returned to Hydrophase in its original condition and is in good working order when received by Hydrophase. Buyer shall pay all shipping costs related to any such returns.
4. Sole and Exclusive Remedies of Buyer. The exclusive remedies of Buyer under this Agreement shall be (1) the return of the Product (in good working order) to Hydrophase and the reimbursement of the purchase price from Hydrophase, OR (2) the repair and replacement of a faulty or defective Product pursuant to the Limited Warranty attached hereto as Exhibit A. It is the express intent of the Parties that the remedies set forth in this Agreement are the sole and exclusive remedies of Buyer and are not cumulative of the remedies provided in the Texas Business and Commerce Code. In the event of a breach or repudiation of this Agreement by Hydrophase, Buyer shall not be entitled to any personal injury damages, property loss damages, economic loss damages, incidental or consequential damages, or any other damages except as expressly set forth herein.
5. LIMITATION OF LIABILITY. IN NO EVENT SHALL HYDROPHASE, ITS MANAGERS, MEMBERS, OFFICERS, AGENTS, EMPLOYEES, ASSIGNS AND/OR DEALERS BE LIABLE TO BUYER OR BUYER’S CUSTOMERS, AGENTS, ASSIGNS, EMPLOYEES OR USERS (WHETHER AUTHORIZED OR UNAUTHORIZED) FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR DAMAGES, LOSSES OR EXPENSES FOR ANY PERSONAL INJURIES, PROPERTY LOSSES OR ECONOMIC LOSSES ARISING DIRECTLY OR INDIRECTLY FROM ANY ALLEGED BREACH OF WARRANTY, BREACH OF CONTRACT OR ANY ACT, USE OR OMISSION OF ANY PERSON, TORTIOUS OR OTHERWISE, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY AND PRODUCT LIABILITY, WHETHER AT LAW OR EQUITY. BUYER HEREBY RELEASES AND DISCHARGES HYDROPHASE AND ITS MANAGERS, MEMBERS, OFFICERS, AGENTS, EMPLOYEES AND DEALERS FROM ANY LIABILITY, UNDER ANY CIRCUMSTANCE OR THEORY OF LAW, RELATING TO OR ARISING OUT OF THE SALE OR USE OF THE PRODUCT IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT ACTUALLY PAID BY BUYER.
6. Limited Warranty. The Product and all of the Product’s component parts are subject to the terms of the Limited Warranty attached hereto as Exhibit A and incorporated into this Agreement for all purposes.
7. ASSUMPTION OF RISK. BY PURCHASING AND USING THE PRODUCT, YOU EXPRESSLY AGREE TO ASSUME ALL RISKS, DANGERS, CLAIMS AND LOSSES RELATING TO, OR ARISING OUT OF, THE USE OF THE PRODUCT, WHETHER OCCURING PRIOR TO, DURING, OR SUBSEQUENT TO SUCH USE, WHETHER DIRECTLY OR INDIRECTLY CONNECTED TO SUCH USE, AND WHETHER CAUSED BY ANY PERSON’S NEGLIGENCE, GROSS NEGLIGENCE, OR INTENTIONAL CONDUCT.
8. Governing Law. The Parties agree and acknowledge that the transactions that are the subject matter of this Agreement bear a reasonable relation to the State of Texas and agree that this Agreement shall be construed and enforced in accordance with and governed by the laws of the State of Texas without regard to the conflict of law principles thereof.
9. Integrated Agreement. The terms of this Agreement are intended by the Parties as the complete and final expression of their agreements concerning the transactions contemplated herein. This Agreement supersedes any and all previous oral or written agreements between the Parties concerning the transactions contemplated herein, and this Agreement shall not be modified by any prior or contemporaneous oral or written agreements between the Parties. This Agreement may not be modified or amended except by a written agreement executed by both Parties.
10. Severability. The invalidity or unenforceability of any provision of this Agreement shall not invalidate or affect the enforceability of any other provision of this Agreement.
11. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns.
12. Waiver. No delay in the exercise of any right under this Agreement shall waive such rights. Any waiver, to be enforceable, must be in writing.
13. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall have the force and effect of an original, and all of which shall constitute one and the same agreement.
14. Digital Signature. You hereby expressly agree by clicking “I AGREE” below, You acknowledge and agree to all of the terms of this Agreement, and You further agree that You have “signed” the Agreement for the purposes of, and as defined in, Section 2.108 of the Texas Business and Commerce Code.
Exhibit A – Limited Warranty
Exhibit A
LIMITED ONE-YEAR WARRANTY
HYDROPHASE, LLC, a Texas limited liability company (“Hydrophase”), makes the following Limited Warranty with respect to the product(s) manufactured and sold by Hydrophase (collectively, the “Product”).
1. Hydrophase warrants the Product to be free from defects in workmanship and materials for a period of one (1) year after the date of purchase.
2. FOR BREACH OF ANY WRITTEN OR IMPLIED WARRANTY ON THIS PRODUCT, THE CONSUMER IS LIMITED TO DAMAGES EQUAL TO THE PURCHASE PRICE OF THE PRODUCT, AND ALL OTHER DAMAGES, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARE EXCLUDED.
NOTE: SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
3. This Limited Warranty extends exclusively to the original purchaser of the Product, and subsequent purchasers are not covered by this Limited Warranty.
4. This Limited Warranty covers the Product and each of its component parts.
5. This Limited Warranty is void if the Product (1) is not installed and operated according to the installation and operating instructions provided, or (2) the defect, malfunction or other failure of the Product results from (a) improper or negligent operation of the Product, or (b) misuse of or damage to the Product while in the purchaser’s possession, or (c) water damage.
6. In the event of a defect, malfunction, or other failure of the Product to which the Limited Warranty applies, Hydrophase will remedy the failure or defect, without charge to the purchaser, within a reasonable amount of time after the Product is returned to Hydrophase. The remedy will consist of repair or replacement of the Product OR a refund of the purchase price, at Hydrophase’s sole and exclusive option and discretion. This Limited Warranty does not include or cover any costs required to disassemble, remove, ship, or re-install the Product.
7. If the Product or one of its component parts contains a defect or malfunction to which the Limited Warranty applies, after a reasonable number of unsuccessful attempts to remedy the defect or malfunction, the purchaser shall be entitled to a refund or replacement of the Product or its component part(s), at the election of the purchaser.
8. The term of this Limited Warranty begins on the date of purchase and continues for a period of one (1) year thereafter.
9. To obtain performance of any obligation of Hydrophase under this Limited Warranty, Buyer shall contact Hydrophase for a RMA number and securely pack the Product and ship the Product, with the RMA written on the outside of the package, to:
Hydrophase, LLC
RMA: _________
1841 S Lakeline Blvd.
Suite 101
Cedar Park, Texas 78613
10. To obtain information about this Limited Warranty or Hydrophase’s performance under this Limited Warranty, the purchaser may call +1 512-524-8686.
11. If a dispute arises over the terms of this Limited Warranty or Hydrophase’s performance hereunder, either Hydrophase or the purchaser may submit the dispute to a qualified mediator in Cedar Park, Texas.
12. This Limited Warranty gives the purchaser specific legal rights, and the purchaser may also have other rights that vary from state to state.
13. Other than as expressly set forth in this Limited Warranty, Hydrophase makes no other express warranty, and no affirmation of Hydrophase, by words or action, shall constitute a warranty.
DISCLAIMER OF ALL IMPLIED WARRANTIES
THE PRODUCT(S) DESCRIBED IN THIS LIMITED WARRANTY ARE SOLD ON AN “AS IS” AND “WITH ALL FAULTS” BASIS, AND HYDROPHASE DISCLAIMS ANY AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.