Terms and Conditions
GENERAL TERMS OF SALE
Agreement - Dealer expressly acknowledges that all orders are subject to these Terms and Conditions, unless Deepwater Aquatics agrees to other terms in writing signed by an officer, and that these terms and conditions create a binding contract between the parties.
Jurisdiction - Dealer submits to the exclusive jurisdiction of any state or federal court in Florida to resolve any issues, claims, disputes or actions between Dealer and Deepwater Aquatics.
Cancellation - Deepwater Aquatics (seller) reserves the right to refuse to conduct business with any person or entity at any time and for any or no reason, without liability.
Non-Exclusivity - Nothing herein is intended nor shall be construed as creating any exclusive arrangement with any Dealer. We are not restricted from selling and/or distributing equal or like goods and/or services to other entities or sources unless we expressly agree to be so restricted in a written agreement signed by us.
Sub-distribution - The “sub-distribution” of our products is not allowed without express written permission. This specifically applies to the sale of our products from an Authorized Dealer to a retailer who is not an Authorized Dealer. We reserve the right to close accounts if this happens.
Auctions & Discount Websites - We specifically ask that our Authorized Dealers not sell our proprietary brands on auction or discount community websites without our express written permission.
Display Products - Retail stores are often provided products free of charge that are intended to be used for display in a retail store. Customers that sell these free display products without authorization will be invoiced at standard wholesale pricing.
Pricing - Products are sold at prices in effect at the time the order is shipped, which may be different than current dealer catalog pricing, unless otherwise specified. Prices, discounts and terms of sale are subject to change without notice. Please see our website for our most current pricing.
Product Offering - We reserve the right to change, modify, improve, add or discontinue products at any time without notice.
Minimum Annual Purchases - In order to maintain a wholesale account a Dealer must purchase $10,000 annually. If an account is unable to meet this criteria, their account will be closed.
Minimum Order: NO ORDER MINIMUM
Special Orders - Special orders are considered to be items which are available through Deepwater Aquatics but not typically stocked. Any items that are drop shipped must be prepaid 100%.
Information Accuracy - Care has been given to ensure that proper information has been provided to our customers (i.e. catalog information), but this is not guaranteed. Prospective buyers are advised to check vital details. We reserve the right to correct typographical, oversight, clerical or factual errors and/or omissions.
Using our Company Name & Information -Deepwater Aquatics Dealers are prohibited from using our company name, product names, product images, product descriptions, etc. in the advertisement of any illegal or unauthorized activity. This includes all forms of print, TV, radio and web based advertisements.
Industry Exclusive Logo - You will find throughout the catalog an Industry Exclusive logo indicating that the product, the brand of the product or the US distribution rights to the product are exclusively available from Deepwater Aquatics Competitively similar products may exist under other brand names.
American Flag Logo - This logo indicates products offered by Deepwater Aquatics, which are either fabricated and assembled in the USA or assembled in the USA.
Orders placed before 1pm ship the same business day
Freight on Orders Less Than $2,500 - Freight will be charged on all orders under $2,500. Orders will generally be shipped from our distribution center that is closest to the Dealer’s location. Exceptions may apply. Freight charges will be prepaid by Deepwater Aquatics and added to the Dealer’s invoice.
Freight on Orders Over $2,500 - Freight is prepaid on orders over $2,500. Additional freight/fees on specific products will apply (i.e. Sand/Salt). Haz Mat charges apply to the shipment of hazardous materials (i.e. hydrogen peroxide). Fuel surcharges may also apply. Your order total must exceed $2,500 and backordered items do not count towards this total.
Freight Damage and Shortages - At the time of delivery, make sure there is no damage or any shortages. If there is, it must be noted on the delivery receipt at the time of delivery. If time does not permit you to inspect the shipment at the time of delivery, note on the delivery receipt “subject to count and inspection” before signing for the order. If the delivery receipt is signed as complete / undamaged and at a later point damage or shortages are found, you will be unable to receive compensation.Deepwater Aquatics prepaid freight claims (damages or shortages) must be reported within 24 hours of receipt. Claims made after the 24 hour time frame will be the responsibility of the customer. Please contact your sales rep immediately with Damage claims 888-789-5553
Our Pallets Have Green Stretch - All Deepwater Aquatics Pallets have Green Stretch wrap so you know that shipment is from Deepwater. Please inspect the delivery carefully for damages or broken stretch wrap.
Shipping Accounts - We are unable to use second party UPS or FedEx account numbers for shipments. Orders will be processed using only our shipping account numbers.
Lamps - We asses a $5 per box charge for lamps.
Freight Programs - Freight within Florida ships free over $500. $15 Prep/Fuel Charge.
SHIPPING AND HANDLING FEES
Drop Shipment Fees - NO DROP SHIP FEES!
Fuel/Prep - We charge a $15 fuel/prep charge on every LTL Pallet order regardless of size.
Haz Mat Fees - A $15 Hazardous Material handling fee will be assessed on certain products requiring special handling as identified by our carriers (i.e. hydrogen peroxide).
C.O.D. Shipment Fees - Accounts with C.O.D. terms will be charged the fees assessed by the carrier associated the C.O.D. shipments. COD customers who accept delivery of a multiple package COD shipment sent parcel, but refuse the box with the COD tag thus not paying for the shipment will receive a verbal warning on the first incident, on the second incident, the terms of sale will be changed to payment in advance.
Miscellaneous Shipping Fees - Any fees assessed by parcel or LTL carriers such as residential delivery, lift gate, signature required, redelivery etc., will be passed on to the respective Dealer.
Lift Gate: $45
Call Before Delivery: $30
Will Call - Authorized Dealers may will-call orders at our distribution centers with a two hour notice. Will call hours are 11:00 am to 5:00 pm. End users are not allowed to will call product – no exceptions. Will call orders not picked up within 48 hours of order placement will be returned to stock and Dealer will be invoiced for a 20% restocking fee.
New Accounts - Must fill out a credit application and agree to allow us to check vendor references, personal credit (by Equifax) and business credit (by Dunn and Bradstreet). Sole proprietors, partnerships, limited liability companies, limited liability partnerships, S corporations, non-public C corporations must sign our personal guarantee.
Credit - For established accounts with excellent personal credit scores or Dunn & Bradstreet reports, good payment history & vendor references, we will offer net 30 terms.
Acceptable Forms of Payment - We will accept payment in the form of a company check, personal check or cashier’s check. In all cases the name of the remitter must be preprinted on the check. No temporary checks will be accepted. Further, we will accept payment via credit card, ACH (automatic clearing house), electronic payment (check by email, check by fax) or wire transfer. We will NOT accept as payment cash, money orders, traveler’s checks or any other type of check without the remitter’s information preprinted on the check.
Online Payments - Available to most customers with credit terms (not ACH, credit card prepaid, or C.O.D.) on your account via our website. Payment with electronic charcks are made by providing a routing number, account number and check number. Credit cards can also be used. Be advised that a 2% service fee applies to terms invoices. If there are credits on your account, you can select and apply these credits to open invoices.
Credit Cards - We accept Visa, Master Card, American Express and debit cards. All credit cards will be charged prior to order shipment. If a credit card is declined, the order will not ship. A completed credit card authorization form must be on file in order to use a credit card. For customers paying by credit card, the “Ship to Address” must match the “Bill to Address”. Exception – drop shipments. Deepwater Aquatics will assess a 2% credit card processing fee on terms invoices (i.e. Net 30) paid with a credit card.
Finance Charges - A 1.5% per month finance charge is assessed for all invoices over 30 days past due. There is a 15 day grace period past the initial 30 day time period. If the grace period expires (30 days NET plus 15 day grace period equals 45 days) without receipt of payment finance charges will accrue starting on the 31st day.
Change in Terms/NSF Fees - We reserve the right to place the debtor on “Stop Ship” or “C.O.D.” without notice, in event of default, remittance(s) without sufficient funds (NSF) or for any other reason. A $40.00 service fee will be assessed for all NSF checks or failed ACH transactions.
ACH NSF - If an ACH fails (NSF), any ACH discount will be lost. In the event of a failed/NSF ACH, we reserve the right to change an accounts payment terms to another form of payment.
Past Due Accounts - Orders to accounts with past due balances will be held until the account becomes current even if the account is under the established credit limit.
Transfer of Ownership - Legal title and ownership of merchandise supplied by Deepwater Aquatics does not transfer to a customer until the goods are paid for in full. The merchandise remains the property and collateral of Deepwater Aquatics until full payment has been received. We reserve the right to remove or repossess products from a retail store or other location if applicant fails to meet payment terms.
Releasing Orders - Payments must be received by Deepwater Aquatics in order for held orders to be released. Verbal assurances the check has been sent will not cause held orders to be released. In this situation, please consider making payment via check by email/fax, wire transfer or credit card to expedite the shipment of a future order.
Collections - Accounts with balances aged over 90 days may be turned over for collection by a third party collection agency. All collection costs and attorney fees will be incurred by the client if they are not paid as agreed. Accounts turned over for collection will have a public notice filed for the unpaid balance placed on their personal credit report(s) of all guarantors.
International Accounts - Cash in advance via wire transfer only.
UCC Filing - Accounts requesting credit limits in excess of $50,000 will be required to sign a Security Agreement for a UCC filing for the value of our unpaid inventory in your store.
Financial Statements - If you are requesting a credit limit in excess of $50,000 we require a copy of customer’s financial statements to evaluate prior to granting credit. This information will be kept strictly confidential and used only to determine an account’s credit worthiness.
WARRANTY AND RETURN MERCHANDISE AUTHORIZATION (RMA) INFORMATION
Warranty on all items will be the manufacturer’s standard warranty. Please consult the manufacturer’s literature or packaging for specifics. The warranty period will vary by product type. Most warranty periods are effective from the date of purchase. During the warranty period, Deepwater Aquatics will, at our option, repair, replace or credit this product if the unit or any of its components fail or malfunction. Any warranty offered will be based on the repair or replacement of that item and is not a money back guarantee.
Warranty on Our Proprietary Products - The warranty will vary by product type and brand. Any written warranty is expressly in lieu of all other warranties, expressed or implied, including the warranties of merchantability and fitness for use and of all other obligations or liabilities on the part of the seller. This warranty shall not apply to this product or any part thereof which has been damaged by accident, abuse, misuse, modification, negligence, alteration or misapplication. Deepwater Aquatics makes no warranty whatsoever in respect to accessories or parts not supplied by Deepwater Aquatics The warranty on our proprietary items shall apply only to the United States and Canada. In some cases, the customer will be responsible for inbound freight. The warranty does not cover labor, materials, travel time, equipment, etc. to de-install & re-install any lighting fixtures or other equipment.
Limitation of Liability - Exclusive Remedy: Buyer’s sole and exclusive remedy shall be the repair or replacement of the defective product or credit of amounts paid for the defective product under Seller’s Return Merchandise Authorization Program, at Seller’s sole discretion. The liability of Seller arising from any contract, or from the manufacture, sale, delivery, resale, use or handling of any product, whether in contract, in tort (including negligence and strict liability) or otherwise shall not exceed the purchase price of the product on which such liability is based, or the repair or replacement of the product.
Merchandise Returns - Products being returned to Deepwater Aquatics will be assessed a 20% restocking fee. We will only take back new, unused merchandise in resalable condition. Product must be in its’ original packaging. Do not write on packaging. Use over wrap boxes for shipping. Return items must be a current model and less than three months old. Customers must prepay the freight back to us. If merchandise is received back in condition other than what is described above or if it is damaged in shipment, we will be unable to give credit on the merchandise. Compensation for returned merchandise will be credited to the customer’s account only.
The warranty on distributed products comes exclusively from the manufacturer. Deepwater Aquatics offers Dealer Partners and consumers only the manufacturers warranty. If a manufacturer declined to cover a warranty or a manufacturer ceases operations etc., the corresponding warranty(s) will be null and void. In no case will Deepwater Aquatics be held liable in any way for covering warranty(s) not covered by the manufacturer. If for any reason Deepwater Aquatics discontinues a non-proprietary product line or manufacturer’s brand, all future warranty claims need to be made with that manufacturer directly.