HydraCheck Online Store Policy

We want your visit to our shopping site to be as easy and as user-friendly as possible which is why we recommend that you read through this policies page before placing your order.

HydraCheck LIMITED WARRANTY

LIMITED WARRANTY.

All products sold are warranted by HydraCheck only to Purchaser's for resale or for use in business or original equipment manufacturer, against defects in workmanship or materials under normal use for one year after date of purchase from HydraCheck, unless otherwise stated. Any part which is determined by HydraCheck to be defective in material or workmanship and returned to HydraCheck, shipping costs prepaid, will be, as the exclusive remedy, repaired or replaced, at HydraCheck's option.

WARRANTY DISCLAIMER.

NO WARRANTY OR AFFIRMATION OF FACT, EXPRESS OR IMPLIED, OTHER THAN AS SET FORTH IN THE LIMITED WARRANTY STATEMENT ABOVE IS MADE OR AUTHORIZED BY HydraCheck. HydraCheck DISCLAIMS ANY LIABILITY FOR PRODUCT DEFECT CLAIMS THAT ARE DUE TO PRODUCT MISUSE, IMPROPER PRODUCT SELECTION OR MISAPPLICATION, AND ANY DESCRIPTION DOES NOT EXPRESS OR IMPLY A WARRANTY THAT THE PRODUCTS ARE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY.

ANY LIABILITY FOR CONSEQUENTIAL AND INCIDENTAL DAMAGES IS EXPRESSLY DISCLAIMED. HydraCheck'S LIABILITY IN ALL EVENTS IS LIMITED TO, AND SHALL NOT EXCEED, THE PURCHASE PRICE PAID.

PROMPT DISPOSITION.

HydraCheck will make a good faith effort for prompt correction or other adjustment with respect to any product which proves to be defective within warranty period. Before returning any product, write or call HydraCheck, giving date and number of original invoice, and describing defect. Title and risk of loss pass to Purchaser on delivery to the common carrier.

AVAILABILITY.

Due to constant orders being placed, availability of products is subject to change at any time. HydraCheck makes no representations or warranties regarding the accuracy of product inventories quoted.

Items shown on this website may differ slightly in appearance from actual product shipped. HydraCheck reserves the right to substitute items shown on this website with items of similar or higher quality.

MANUFACTURERS' WARRANTIES & SALES LITERATURE

Most of the products supplied to HydraCheck are warranted to the final consumer by their manufacturer; copies of such warranties are supplied with the product or are available from the manufacturer. HydraCheck assumes no responsibility for the content of such warranties.

ADDITIONAL TERMS:

FORCE MAJEURE.

HydraCheck shall not be liable for any delay in or impairment of performance resulting in whole or in part from Acts of God, severe weather conditions, labor disruptions, governmental decrees or controls, insurrections, war risks, shortages, inability to procure or ship product or obtain permits and licenses, supplies or raw materials, or any other circumstances or causes beyond the control of HydraCheck in the conduct of its business.

CANCELLATION.

Any cancellation must be approved by HydraCheck, and may be subject to restocking and other charges.

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PRODUCT RETURNS.

Call the HydraCheck sales department and request your RA (Return Authorization) number prior to shipping any items for return. All returns are to be returned shipping pre-paid. All items must be returned in their original packaging. Unless the item is defective or the item was shipped in error by HydraCheck, a 15% restocking charge will apply.

SECURITY INTEREST.

On any sales on open account, Purchaser hereby grants to HydraCheck a priority lien, purchase money security interest and/or chattel mortgage in the products and any accounts receivable or cash from resale thereof until full payment is made to HydraCheck. Purchaser agrees to file any financing statements or other appropriate document with its governmental authorities to assure the validity, priority, and enforceability of the lien. Purchaser agrees to inform HydraCheck immediately if it intends to use any import financing or has or will be granting a lien or security interest on its inventory to any third party.

ASSIGNMENT.

Purchaser shall not assign any order or any interest therein without the written consent of HydraCheck. Any actual or attempted assignment without HydraCheck's prior written consent shall entitle HydraCheck to cancel such order upon notice to Purchaser without liability to HydraCheck.

MODIFICATION OF TERMS.

HydraCheck's acceptance of any order is subject to Purchaser's assent to all of the terms and conditions set forth in HydraCheck's acknowledgment, and Purchaser's assent to these terms and conditions shall be presumed from Purchaser's receipt of HydraCheck's acknowledgment, or from Purchaser's acceptance of all or any part of the goods or services ordered. All other contrary terms and conditions are expressly rejected, and no addition or modification of terms and conditions shall be binding upon HydraCheck unless agreed to by HydraCheck in writing.

TRADEMARKS AND COPYRIGHTS.

Purchaser acknowledges that it has no right, title or interest in the trademarks or copyrights in the products, and Purchaser covenants that it will take no action to register or otherwise interfere with such rights.

INDEPENDENT CONTRACTORS.

HydraCheck and Purchaser are independent contractors. Purchaser is not authorized to and shall not make any representations on behalf of which are binding upon HydraCheck.

SEPARABILITY.

If any provision of these Terms of Purchase shall be deemed illegal or unenforceable, such illegality or unenforceability shall not affect the validity and enforceability of any other legal provisions hereof which together shall then be construed as if such illegal and unenforceable provision or provisions had not been inserted herein, unless such illegality or unenforceability shall destroy the underlying business purpose of these Terms of Purchase.

CROSS REFERENCE INFORMATION

Product cross reference comparisons do not imply that all products compared are available, or in the case of functional equivalency, that performance and other characteristics are perfectly comparable. For critical applications, review specifications prior to purchase.

PRODUCT INFORMATION

HydraCheck's ability to keep product information accurate and up-to-date is limited by manufacturers and other industry sources ability to provide product information. THEREFORE, HydraCheck MAKES NO WARRANTIES, EXPRESS OR IMPLIED AS TO THE ACCURACY OF THE ONLINE CATALOG DATA.

DOMESTIC ORDERS:

SALES POLICY

PRICES HEREIN are net wholesale prices and are subject to change without notice. Market sensitive commodity items will be priced according to current market conditions. Orders under $10.00 U.S. dollars (does not include shipping costs) will not be accepted.

QUOTATIONS on large quantities are available on request. Contact the HydraCheck sales department.

SALES TAX.

HydraCheck is required to charge Utah state and local taxes on items for which sales tax exemption certification has not been provided. When ordering please indicate clearly which items are tax exempt.

PAYMENT TERMS.

For Purchaser's with established credit, terms are net 30 days from date of shipment. If credit is not established, please include payment with order or purchase through American Express, Visa or MasterCard. All payments must be in U.S. dollars.

CREDIT BALANCE.

Purchaser agrees that any credit balances issued will be applied within one (1) year of its issuance. IF NOT APPLIED OR REQUESTED WITHIN ONE (1) YEAR, ANY BALANCE REMAINING WILL BE SUBJECT TO CANCELLATION, AND HydraCheck SHALL HAVE NO FURTHER LIABILITY.

FREIGHT POLICY

FREIGHT IS PREPAID ON ALL ORDERS unless otherwise stated, to Purchaser's place of business anywhere in the contiguous United States, using routing of our choice. Other terms apply to Alaska, Hawaii, Puerto Rico and export orders. Contact HydraCheck for further information.

Any extra charge incurred for additional services, such as Purchaser's carrier or special handling at the destination, must be paid by consignee. If any item is backordered on an order qualifying for freight prepayment, that item will be shipped prepaid. Title and risk of loss pass to Purchaser on delivery to the common carrier. If product was damaged in transit, recipient must file claim with carrier.

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ORDERS SHIPPED OUTSIDE OF THE UNITED STATES:

EXPORT SALES TERMS AND CONDITIONS

ORDER ACCEPTANCE.

It is acknowledged that no order shall be deemed accepted unless and until it is verified and accepted by HydraCheck. Purchaser further consents that submission of its order shall subject Purchaser to the jurisdiction of the courts of the United States and the state of acceptance.

PAYMENT TERMS.

Unless otherwise agreed, all export sales are made on condition that Purchaser make payment by cash in advance at the time of order, that Purchaser open an irrevocable letter of credit in favor of HydraCheck prior to shipment payable by sight draft drawn against such letter of credit, or that Purchaser establish satisfactory credit with HydraCheck prior to shipment. For Purchaser's with established credit, terms are net thirty (30) days from date of shipment. At HydraCheck's option, export orders may be subject to special export payment terms and quotations. All payments must be in U.S. dollars, and HydraCheck shall have the right to set-off and deduction for all sums owed. If an open account Purchaser fails to make full payment within thirty (30) days from date of shipment, HydraCheck may defer shipment of other orders, or cancel all or any part of any unshipped order until such payment is made.

CREDIT BALANCE.

Purchaser agrees that any credit balances issued will be applied within one (1) year of its issuance. IF NOT APPLIED OR REQUESTED WITHIN ONE (1) YEAR, ANY BALANCE REMAINING WILL BE SUBJECT TO CANCELLATION, AND HydraCheck SHALL HAVE NO FURTHER LIABILITY.

FREIGHT POLICY.

Unless varied herein, shipping terms are FCA (as defined by International Chamber of Commerce Terms) closest U.S. airport or port of exit from HydraCheck shipping warehouse, except Hawaii or Alaska, using local shipping point and routing of HydraCheck's choice. Freight is Prepaid on all Orders. Purchaser shall be responsible for obtaining insurance. At HydraCheck's option, freight policy for export orders may be subject to special terms and conditions. If any item is backordered on an order qualifying for freight prepayment, that item will be shipped prepaid as Purchaser's exclusive remedy. Title and risk of loss shall pass to Purchaser on delivery to the common carrier or vessel in the United States. If product is damaged in transit, Purchaser must file claim exclusively with carrier, vessel and/or insurance company.

COUNTRY OF IMPORTATION.

Purchaser represents that it is purchasing the products for the purpose of exporting them from the United States and importing them to the country specified in Purchaser's purchase order. Purchaser agrees that the products will be shipped to that destination in compliance with the laws of such country, and that there will be no re-export or diversion. If requested by HydraCheck, Purchaser shall provide documentation satisfactory to HydraCheck verifying delivery at the designated port of entry.

EXPORT AND IMPORT LICENSES; PERMITS AND FREIGHT FORWARDER.

Notwithstanding anything contained herein and unless expressly agreed, Purchaser shall be responsible for obtaining and paying for any permits, licenses, or other governmental authorization(s) necessary for the exportation or importation of the products into the designated country of importation, and it shall comply with all laws and regulations thereof. Purchaser shall select and pay the freight forwarder who shall solely be the Purchaser's agent. The freight forwarders actions shall not be deemed authorized by, or binding upon HydraCheck, unless expressly agreed to by HydraCheck.

FOREIGN CORRUPT PRACTICES ACT.

Purchaser acknowledges that it is not the agent of HydraCheck and represents and warrants that it has not and covenants that it will not pay anything of value to any government employee in connection with the resale of the products.

GOVERNING LAW; LIMITATIONS.

These Terms and Conditions shall be construed, interpreted and performed exclusively according to the laws, excluding conflict of law rules, of the State of Utah, United States of America. Any legal action with respect to any transaction must be commenced within one year after the cause of action has arisen. The provisions of the Uniform Commercial Code as adopted by the State of Utah, and not the United Nations Convention on Contracts for the International Sale of Goods, shall apply.

DISPUTE RESOLUTION.

Actions by HydraCheck for nonpayment by the Purchaser of the purchase price of products sold by HydraCheck, or for redress of other breaches by the Purchaser of the Terms and Conditions of Sale, may be brought by HydraCheck, at its option, before any judicial court of competent jurisdiction. At HydraCheck's option, disputes between the Purchaser and HydraCheck, including all claims for non-performance by HydraCheck, shall be finally settled by arbitration in Salt Lake City, Utah, USA, under the Rules of the American Arbitration Association, which Rules with respect to matters not regulated by them shall incorporate the UNCITRAL arbitration rules by one or more arbitrators appointed in accordance with said Rules applying these Terms and Conditions and consistent provisions of the internal laws (except conflict of law rules) of the State of Utah, USA.

While efforts have been made to ensure the accuracy of this Web site, due to its open nature, HydraCheck does not warrant its accuracy.

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