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Bluworld of
Water |
To qualify for wholesale purchasing of Bluworld of Water, Water Wonders, and/or Wind Wonders products, a business must have a valid tax id #, resale #, and a retail establishment or catalog where our product can be properly displayed and repetitively sold. All orders must be submitted in writing, either by mail, fax, or E-mail. 1. Qualified Sellers: Bluworld Innovations, LLC. ("Bluworld”) sells only to legitimate and pre-qualified dealers ("Dealer") customers (“Customer”) and/or trade resellers ("Reseller"), collectively (Customer). Bluworld reserves the right to determine the appropriateness of any Dealer, Customer, or Reseller to represent its products and to discontinue sales to any Dealer, Customer, or Reseller at any time. It is Bluworld policy to sell only through Dealers and not direct to Consumers. All Bluworld authorized Dealers will be required to maintain the minimum Bluworld authorized MSRP’s as published by Bluworld. Exceptions to this policy require a signed authorization by an authorized Bluworld Representative. 2. Minimum Order: Minimum initial order is $1500.00 3. General Payment Terms: All initial orders are prepay. Upon approval Bluworld credit terms may be established for those customers who submit a completed credit application with valid credit and bank references. Bluworld reserves the right to reduce, modify or cancel credit limits or credit amounts and to change or otherwise modify payment dates, late charge amounts or any other credit sales terms at any time and without any notice whatsoever. Bluworld will not, without prior notice, increase late charge amounts or reduce the discount amount, except as provided herein. Customers completing the Credit Application should allow three (3) weeks for the Credit Application to be processed. Bluworld may decline to deliver except for cash or stop goods in transit if any reason develops to question the financial responsibility of the customer. Customer agrees to pay all costs associated with collection actually incurred by Bluworld, including agent and/or attorney’s fees. A late charge calculated at one and one-half percent (1-1/2%) per month (eighteen percent (18%) per annum) of the invoice total will be assessed and added from the date invoiced if payment is not received by Bluworld on or before the due date, or unless special payment arrangements have been made in advance with written approvals by Bluworld. If Customer or Dealer defaults under this Agreement, Bluworld may, at its option, exercise any or all of the following remedies, in addition to or in lieu of any other remedies provided by law: (i) Declare all monies owed at that time under this Agreement or under other agreements between Bluworld and Customer or Dealer immediately due and payable, (ii) Cease performance under this Agreement or any other agreement between Bluworld and Customer or Dealer, including but not limited to, the shipment of any additional goods which Bluworld is otherwise obligated to ship under this Agreement or any other agreement between Bluworld and Customer or Dealer, or (iii) Without demand or legal process, enter into the premises where any goods sold by Bluworld to Customer or Dealer (for which the purchase price has not been paid) may be found and take possession of and remove the goods without liability therefore. Upon Bluworld regaining possession, all Customer or Dealer's rights in such goods shall terminate absolutely. 4. Freight Charges: Freight charges apply as an additional cost on all items. All shipments are FOB the Bluworld designated warehouse. Freight charges are subject to change without notice. Unless otherwise requested, Bluworld products are shipped via standardized freight for all non-truck shipments within the continental United States. Truck freight rates will be quoted upon request for certain large waterfalls and quantity shipments of products. Additional charges will be assessed when special services including but not limited to lift gate or residential deliveries are requested or, at Bluworld’s discretion, required. An $10.50 charge per shipment will be assessed to drop ship to an additional address. Delivery predictions are based upon best information available, but are without guarantee. Circumstances beyond Bluworld control may render such predictions inaccurate. Bluworld specifically accepts no penalty for late shipments unless it has made a delivery guarantee in a prior-authorized writing. 5. Product Acceptance: Dealer, Customer and/or Reseller agrees that his/her signature or a signature by his/her representative or affiliate to receive the product(s) or on any order confirmation, invoice, delivery receipt, purchase order, or other sales receipt is presumed to establish customer’s acceptance of these Terms and Conditions. Customer or Dealer agrees to inspect the goods within 7 days of receipt and to promptly report any damage to Bluworld. Customer or Dealer further agrees to inspect the goods within 7 days of receipt to determine whether any defects exist which would justify Customer or Dealer not accepting the goods. For any claims for defective goods (where the defect can reasonably be determined by inspection) Customer or Dealer must give Bluworld notice of the defect in writing within 7 days of delivery completely describing the nature of the defect. Otherwise, Customer or Dealer will be deemed to have waived any objections based upon such defects and will be deemed to have accepted the goods. 6. Warranty: Bluworld product is warranted against defects that render it unfit for its reasonably intended use. This Warranty is not extended to cover use of the product for a purpose other than as intended, and if the product is used unreasonably, or for purposes other than as intended, or if it is altered, modified or repaired by a party other than Bluworld, then the Warranty shall be null and void. The Warranty is in effect for a period of one (1) year beginning from the date of sale to the original retail purchaser and the rights under this Warranty are limited to the original retail purchaser. Customer (retail purchaser) must register the product with Bluworld within 30 days of purchase to activate the product warranty. Bluworld will, upon written notification thereof, take commercially reasonable steps to correct such defects, at Bluworld sole option, by suitable repair, replacement, or refund. THIS LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ANY IMPLIED WARRANTYOF MERCHANTABILITY, FITNES FOR A PARTICULAR PURPOSE, OR OTHER WARRANTY OF QUALITY, WHETHER EXPRESS OR IMPLIED, EXCEPT FOR THE WARRANTY OF TITLE AGAINST PATENT INFRINGEMENT. Corrections of nonconformities, in the manner and for the period of time provided above, shall constitute fulfillment of all liabilities of Bluworld to any Dealer with respect to the goods, whether based on contract, negligence, and strict tort or otherwise. Bluworld contract sales personnel, including but not limited to authorized Dealers and Resellers (collectively, "Sales Personnel"), are not authorized to make warranties about Bluworld merchandise. ORAL STATEMENTS DO NOT CONSTITUTE WARRANTIES. Oral statements made by Bluworld employees or other Sales Personnel shall not be relied upon by a Dealer and shall not become part of any contract for sale. The entire sales contract between a Dealer and Bluworld will be set forth in the invoice and/or accompanying or reference documents provided by Bluworld to the Dealer or Sales Personnel. No other warranties are given beyond those set forth in those documents. Please be aware that you may have valuable rights under the state law in which you reside. Some of the provisions of this Warranty may be prohibited by your state law in which case your state law will govern and control. 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. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. This Warranty gives you specific legal rights, and you may also have other rights which vary from state to state. 7. Damages: BLUWORLD SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES SUCH AS, BUT NOT LIMITED TO, DAMAGE TO OR LOSS OF OTHER PROPERTY OR EQUIPMENT, LOSS OF PROFITS OR REVENUE, COST OF CAPITAL, COST OF PURCHASED OR REPLACEMENT GOODS, OR RELATED CLAIMS OF A CUSTOMER. REMEDIES SET FORTH HEREIN ARE EXCLUSIVE. THE LIABILITY OF BLUWORLD UNDER THESE TERMS AND CONDITIONS, OR FROM NEGLIGENCE, STRICT TORT, OR UNDER ANY WARRANTY OR OTHERWISE, SHALL NOT EXCEED THE PRICE OF THE GOODS UPON WHICH SUCH LIABILITY IS BASED. BLUWORLD MAY ELECT TO REPAIR OR REPLACE SUCH GOODS AT ITS OWN EXPENSE. BLUWORLD RESERVES THE RIGHT TO SELL CERTAIN GOODS “AS IS”, WITHOUT ANY WARRANTY WHATSOEVER, BY INDICATION ON THE INVOICE OR SALES RECEIPT FOR SUCH GOODS. 8. Damaged Products: If a package is damaged in transit, customer should refuse it back to the carrier if possible. Customer should take a photograph of the damaged products and packing boxes. If customer receives a damaged package, customer should note on the carrier’s delivery report the condition of the package. Customer should also save the packing boxes. Damaged products must be reported to Bluworld Customer Service Department (407) 426-7674 immediately upon receipt. Within three (3) days thereafter, Customer is responsible for providing to Bluworld Customer Service Department all information and documentation, including any available photographs, regarding the damaged goods. Customer’s failure to comply with these requirements shall relieve Bluworld of any obligation to provide Customer with a replacement or refund for the damaged products. In the event a customer has questions at the time of delivery, the customer should contact his/her Sales Personnel or a Bluworld Customer Service Representative prior to signing for the shipment(s). Bluworld personnel will work to resolve any defects by providing replacement parts or instructions as necessary. During a customer’s contact with Sales Personnel or a Bluworld Customer Service Representative, the customer should indicate whether he/she would prefer to receive a credit or, upon the return of the damaged or defective product(s) to Bluworld, to have the product(s) replaced and re-shipped at no charge. Any damaged product can be exchanged only for the same item, assuming it is available. Returned products will not be accepted, nor will credit for returned goods be extended unless (i) prior written permission from Bluworld is obtained by the Sales Personnel with whom the order was placed and obtaining a Bluworld Returned Goods Authorization ("RGA"); (ii) customer clearly marks the RGA number on the package (returns will be refused without a clearly visible RGA number); (iii) transportation charges for the returned product(s) are prepaid by customer; and (iv) Bluworld receives such returned product(s) within thirty (30) days after receipt of the products by or on behalf of customer. Without exception, no merchandise will be accepted without a Bluworld RGA. The return of goods without a Bluworld RGA could result in additional costs to customer. Bluworld reserves the right to authorize product returns beyond thirty (30) days from the invoice date, upon written approval. Returns other than those due to manufacturing defects or damage in transit shall be subject to a twenty-five percent (25%) of the invoice restocking fee. Goods must be packaged properly to avoid damage in shipment. Original shipping charges will not be refunded on returned items. Customer must insure his/her shipment of the returned product(s) and such shipment must be prepaid. Bluworld suggests using a carrier that provides tracking information or proof of delivery for customer’s protection. All returned product, regardless of the reason returned, must be in the original shipping container. 9. Overages and Shortages: Bluworld reserves the right as a manufacturer to ship less than the entire quantity ordered. Claims on account of shortages must be made within three (3) days after receipt of shipment to the Sales Personnel with whom the customer’s order was placed. Prior payment will not prejudice a claim. Questions concerning freight or pricing discrepancies should be made prior to payment with the Sales Personnel with whom the order was placed. Whenever the payment amount differs from the amount invoiced, documentation should accompany any check that is presented to pay that invoice. Bluworld is required to collect state sales tax for items deemed taxable. The only exception will be if Bluworld is supplied with a valid and properly completed blanket or unit exemption certificate. If Bluworld is not in receipt of such a certificate at the time of invoicing, the appropriate tax will be applied to that invoice. Deductions for sales tax at time of payment will not be cleared until the certificate is received. Not forwarding a certificate may endanger customer’s credit status due to open balances on customer’s account. 10. Disclaimers, Waivers: These Terms and Conditions do not constitute an offer by Bluworld to sell or extend credit. Each Bluworld Credit Application, request for credit, credit transaction, and customer order is subject to prior approval by Bluworld. Bluworld shall not be responsible for typographical errors. Any controversy between the parties involving the construction or application of any of the terms, covenants, or conditions of these Terms and Conditions, except concerning violations of Bluworld intellectual property rights, shall be submitted to arbitration in Orlando, Florida and the arbitration shall comply with and be governed by the Laws and Provisions of the State of Florida. If any one or more of the provisions contained in these Terms and Conditions is found to be invalid or unenforceable in any respect, such invalidity or unenforceability shall not effect any other provision, and the intent manifested thereby shall be recognized. Pursuit of any one remedy shall not preclude pursuit of any other remedies provided for herein or by law. No waiver of one violation of these Terms and Conditions shall be deemed to constitute a waiver of any similar violations subsequently occurring or any other violation whatsoever. These Terms and Conditions are subject to modification by Bluworld at any time without prior notice and shall be effective upon Bluworld publication of the revised Terms and Conditions on its Website at www.Bluworldusa.com. 11. Venue: All matters relating to the enforcement or interpretation of any sale transaction and this statement of Terms and Conditions shall be governed by the laws of the State of Florida. The parties to any sales transaction hereby consent to exclusive jurisdiction and venue by the courts of the State of Florida as the location where the sale contract was made, and agree that after arbitration any suit or action to enforce or interpret any matter relating to any sale transaction may be brought only in the courts within the State of Florida in Orange County. 12. Attorneys’ Fees: If any legal proceeding, arbitration, or other action is brought or threatened for the enforcement or interpretation of these Terms and Conditions, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of these Terms and Conditions or any transaction arising hereunder, and the prevailing party in any such action(s) should incur any legal fees, including but not limited to any attorney’s fees, paralegal fees, expert witness fees and other similar costs, the successful or prevailing party or parties to any such dispute or action shall be entitled to recover their reasonable attorney’s fees and additional legal costs incurred, together with any other relief to which they may be otherwise entitled, as determined by an arbitrator, judge or jury at trial, or upon appeal or petition. 13. Trademark: 2003 Bluworld Innovations, LLC, Bluworld of Water, BluworldUSA,
Bluworld, Water Garden, Gardenfall, and all other all designs appearing
on Bluworld products are copyrighted, patented, and protected by the Lanham
Act or licensed by Bluworld Innovations, LLC. 635 West Michigan Orlando,
Florida U.S.A. Bluworld may enforce its intellectual property rights in
court without resorting to compulsory arbitration. |