aquaFusion
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  Terms and Conditions  
     

Detailed description of goods and/or services
aquaFusion is a business in the waterfeature and alternative energy industry that markets a range of  products as well as other miscellaneous products.

Prices

Prices are FOB AquaFusion warehouse and are subject to change without notice.  Merchandise will be shipped at the price prevailing at the time of shipment.  Quotations are valid for 30 days from the issue date.  Shipping quotations are valid for 15 days from the issue date.  

 

Orders

There will be a minimum charge of R300.00 on all Drop Shipments regardless of the invoice amount.  All orders must have a signed quotation agreeing to the specifications of the product.  No order will begin without a deposit.  Lead times do not begin until the deposit is received by AquaFusion cc.  To insure proper handling of the order, all orders must specify the following information: billing address, shipping address, postal codes, delivery request, item numbers, quantities, descriptions, frame finishes, waterfall surfaces, and accessories.  Orders, corrections, changes and cancellations must be submitted in writing and faxed to our Cape Town facility at: Fax: 086 660-7796 within 7 days of order.

 

Payments

All orders require a 50% balance payment to begin construction.  Refund of this payment upon cancellation of order is subject to the discretion of AquaFusion. Refunds may be received as early as 30 days after cancellation and may take up to 45 days after cancellation.  All orders must have balance paid in full before shipment of unit.  Payments may be made at anytime prior to the shipment of the order.  In the event of temporary storage – AquaFusion requires all balances paid by the scheduled ship date on the invoice.  See warehousing section for storage terms.  All installations of AquaFusion products will be treated as separate orders.  All product orders must adhere to the payment terms of AquaFusion cc.  Installation payments shall be received no later than 15 days from the completion date of the install.  In the event of a subcontract, AquaFusion shall adhere to the terms stated in the subcontract.  The client agrees to pay all terms as noted and further pay interest at a rate of 2% per month on overdue accounts.  All transactions shall be deemed to have taken place in Cape Town, and are subject to the jurisdiction of the courts of Cape Town regardless of the location of the client.

 

Change Orders

All change orders must be in writing and signed by both the client and AquaFusion Representative.  Change Orders are subject to a fee.  Lead times are subject to change upon all executed change orders.  Payment for change orders must be received before the 

unit is shipped.

 

Signage & Logos

All signage and logos are to be sent to AquaFusion “printer-ready”.  All images must have PMS color values.  Images must be in either CorelDraw or AI (Adobe Illustrator) formats.  All images must be in a vector- based format.  AquaFusion will not alter the color of the image or its appearance other than enlarging it.  All graphics requiring alterations by the AquaFusion Design Team are subject to fees.  Fees should be quoted on a per hour basis.  All graphics will be accepted and signed off by the client before attaching to the water feature.  If the client requests a new graphic the client shall be charged for any and all fees associated with the order.  

  

Lead Times

All products are manufactured and assembled at the time the order is placed.  Lead times will be given on each and every quotation.  Lead times are valid from the time the deposit is received to the time the order is shipped.  No order will be processed until deposit is received.  Expedited orders are available upon request and for an additional charge.  Special orders are subject to increased lead times.  Lead times for all products labeled, as special orders will be quoted at the time the order is placed.  All change orders are subject to extended lead times.

 

Warehousing

All units must be shipped within 10 days of project completion.  Any products not shipped by this time will be subject to warehousing fees at a rate of R100.00 per day.  

 

Freight

All shipments are FOB Cape Town, WP.  If your company requires special shipping, this must be indicated on each order.  If no shipping requirement is specified on the order, all orders will be shipped “best way/cheapest way” collect, from manufacturing facility.  White Glove Service can be ordered for any item, and includes expedited delivery, unpacking and set up by an AquaFusion representative.  Call for quotes.

 

Freight Claims

Claims for damages or loss in transit must be made with delivering carrier. AquaFusion cannot assume responsibility for items damaged or lost in transit.  Visible damage must be noted on freight bill at time of delivery, and it is your responsibility to file a written claim with the freight company within five (5) days.  If the package was signed for in good condition, your claim for concealed damage must be filed within seven (7) days of receipt.  AquaFusion does not assume responsibility for concealed damages.

 

All cartons and packaging must be saved.  AquaFusion will render all possible assistance in settling claims and replacing the damaged unit.

 

Returns

Merchandise is not to be returned unless a return goods authorization (RGA) has been obtained from AquaFusion.  Contact customer service to obtain an RGA number, and advise them of the invoice number on which the goods were originally supplied.  For dealers and resellers, AquaFusion will only credit the account with goods returned in resalable condition.  Stock items can be returned within 7 days from purchase.  All unauthorized returns will be refused and returned to the shipper at shipper’s expense.  Items must be packed in their original cartons and in the original condition.  Returns must be prepaid and returned within 5 days of authorization.  A 15% restocking fee will be charged for orders cancelled or returned.  Custom and made to order fixtures cannot be cancelled or returned. 

 

ALL WATERFALLS REQUIRE REGULAR MAINTENANCE.  WARRANTIES ARE VOID IF THE WATERFALL HAS NOT BEEN PROPERLY MAINTAINED.  (See disclaimers below) All fixtures are guaranteed for a period of ONE year from the date of installation as per our expressed written warranty for commercial and residential installations. If applicable, Monitors shall be warranted by the original manufacturer and is not the responsibility of AquaFusion. Separate registration cards provided by the monitor manufacture are provided in the package contents.  It is the responsibility of the end-user of the water feature to fill out and return the registration cards to the appropriate manufacturer.  No alterations or deviations will be executed without prior written notice executed by an AquaFusion Engineer.  Alterations and deviations may increase the final price of water feature.  By signing below or the delivery slip or invoice the buyer agrees to our expressed, written TERMS AND CONDITIONS of sale. 

 

DISCLAIMERS 1. AquaFusion will not be liable for damages or malfunctions caused by "Auto-fill float valve" that does NOT have a Drain system in present or if Drain malfunctions.  AquaFusion strongly recommends a gravity-fed drain installed when using the "auto-fill" feature.  2. Reverse Osmosis (RO) filtration can not be installed if the water feature has the "automatic drain with timer" drain system installed.  Automatic drain systems cause water to be evacuated out of the reservoir faster than the RO system can refill it causing the RO system to overwork itself. 3. Shipment may be delayed and/or is contingent upon natural disasters, strikes, accidents, availability of materials and all other causes beyond our control.  4.  If installation by AquaFusion is not purchased, then the Client must provide the manpower and equipment necessary the "unload" freight from the carriers' truck. 5.  Careful inspection of freight and crated products is the Client's responsibility before accepting delivery of water feature. 6.  Safe and Secure storage of water feature and/or materials after delivery and prior to installation is the Client's responsibility. 7.  Decorative Surroundings and/or fascias to conceal or accessorize Reservoir is a responsibility of the Client and NOT that of AquaFusion. 8. We shall not be liable to you for any loss or damage arising directly or indirectly in connection with this product, its use or otherwise except to the extent that such liability may not be lawfully excluded unless we have explicitly agreed to accept that liability in our quotation. 9. Notwithstanding the generality of the above clause point 8, we expressly exclude liability for consequential loss or damage which may arise in respect of the product, maintenance, its use or for loss of profit, business, revenue, goodwill or anticipated savings unless we have explicitly agreed to accept that liability in the quotation. 10. In the event that any exclusion or other provision contained in this agreement is held to be invalid for any reason and we become liable for loss or damage that could otherwise have been limited, that liability shall be limited to the 50% of the sale value. 11.  Proper Maintenance after installation to ensure a long-lasting water feature is the responsibility of the Client. 12. Mirrors may get damaged by the water and although we seal the mirror edges with silicone we cannot be held responsible if these mirrors do succumb to deterioration. NO BLEACH, CHLORINE, OR CHLORINE BYPRODUCTS ARE AUTHORIZED FOR MAINTENANCE OF YOUR CUSTOM WATER FEATURE.  CHLORINE (I.E. BLEACH OR NON-CHLORINE "SHOCK") WILL DETERIORATE THE PUMP AND CAUSE MALFUNCTION.  This malfunction is not covered under the Warranty and AquaFusion will not be liable for damages caused by this behavior. 

 

Customer privacy policy
aquaFusion shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from:
http://www.polity.org.za/attachment.php?aa_id=3569

Payment options accepted
Payment may be made via Visa, MasterCard, Diners or American Express credit cards or by bank transfer into the aquaFusion bank account, the details of which will be provided on request

Credit card acquiring and security
Credit card transactions will be acquired for aquaFusion  via PayGate (Pty) Ltd who are the approved payment gateway for Standard Bank of South Africa.  PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website.  Users may go to www.paygate.co.za to view their security certificate and security policy. 

Customer details separate from card details
Customer details will be stored by aquaFusion  separately from card details which are entered by the client on PayGate’s secure site.  For more detail on PayGate refer to www.paygate.co.za

Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa.  Transaction Currency is South African Rand (ZAR).

Country of domicile
This website is governed by the laws of South Africa and aquaFusion chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.

Variation
aquaFusion may, in its sole discretion, change this agreement or any part thereof at any time without notice.

Company information
This website is run by aquaFusion based in South Africa with registration number ck 2006/223959/23

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