TERMS AND CONDITIONS OF SALE

WATERAX strives to make ordering as simple as possible. A toll-free phone call to your local sales representative is all it requires. When you call, you will speak to a highly trained and experienced sales representative who will quickly and accurately process your order right over the phone. We will gladly process all online orders and all orders faxed, mailed, or emailed.

GENERAL CONDITIONS OF SALE

This agreement is entered into between WATERAX INC. (hereinafter, “WATERAX” or “we”), having its main place of business at 6635, Henri-Bourassa West boulevard, Montreal (Québec) H4R 1E1, and you, having previously registered on the online purchasing platform or having placed an order either by phone, fax, mail or email (hereinafter respectively the “Buyer” or “you” and the “Platform” and the “Order”) whose contact information is the information you entered in the registration form or the information you have provided us with by any other means, and that appears in the email or other document confirming your Order (the “Order Acknowledgement”).

The contact information of WATERAX are the following:

Phone number: 1-855-616-1818

Email : [email protected]

Object

By this distance sales agreement (the “Agreement”), the Buyer purchases the goods detailed in the Order Acknowledgement.

Prices

The cost of the sale is that shown on the Order Acknowledgement, unless a pricing error occurs, and is due at the conclusion of this Agreement. For the purposes of this payment, you will be redirected to an external Paypal transactional platform. You will be subject to the terms and conditions of use of this external transactional platform.

The fees related to the handling and delivery of your Order, if applicable, are those indicated in the Order Acknowledgement (including applicable taxes) and no other fees will be charged.

While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered, we will inform you as soon as possible and give you the option of reconfirming your Order at the correct price or cancelling it. If we are unable to contact you after five (5) business days, we will treat the Order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

Acceptance of your Order and the completion of the Agreement between you and us will take place on dispatch to you of the goods ordered unless we have notified you that we do not accept your Order or you have cancelled it.

All prices are subject to change without notice. Feel free to call, fax, email or write to our sales personnel for current pricing information. All prices are FCA WATERAX’s warehouse/shipping point (Incoterm® 2020) unless specifically quoted otherwise.

United Nations Convention on Contracts for the International Sale of Goods

Please note that we expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods, whose terms therefore do not apply to any sales made to you by us.

Payment Terms

All payments for online purchases made through the Platform shall be made through the external transactional platform after the Order is placed.

For orders made by phone, fax, mail or email, payments shall be net 30 days, subject to credit approval. Past due amounts are subject to late payment charge of 1.5% per 30 days (being 18% on an annual basis), or service charge at the maximum rate allowed by applicable state or provincial law. Charges (including reasonable solicitor and other out of pocket costs) incurred in the collection of invoices owed will be the sole responsibility of the Buyer.

Minimum Charge

We will be pleased to accept orders of any value. Due to the cost of handling an order, a $45.00 service charge, plus any applicable taxes and/or transportation charges, will apply to all orders of less than $250.00. The minimum order service charge will be waived if goods are purchased on credit card.

Credit Card Payment

WATERAX accepts payment by credit card (Visa or MasterCard) up to a maximum of $25,000 per order. A surcharge of 3.5% will apply to any credit card charge over $25,000. Maximum amount per credit card transaction is $50,000.

Acknowledgement

Prior to the formation of the Agreement, the Buyer acknowledges having examined the proposal and not detected any error necessitating its correction, and acknowledges that he or she has expressly been given the opportunity to accept or reject the proposal. The Buyer further accepts and agrees to comply with the Platform’s Privacy Policy. By accepting this Agreement, you confirm that you have read this Privacy Policy.

Delivery

We strive to maintain an extensive inventory to service your needs. Every effort will be made to ship in a timely manner. Notwithstanding anything to the contrary set forth in any purchase order or distributor agreement, passage of title and risk of loss or deterioration will transfer to the Buyer from WATERAX upon shipment from any designated WATERAX warehouse or supplier location, unless otherwise explicitly agreed upon by WATERAX and the Buyer in writing for a specific shipment (in which case such exception only applies to the particular shipment in question and not any subsequent shipments).

Shipments that are made freight prepaid will have shipping and freight charges added to the invoice unless the Buyer’s freight account number is provided. We may make partial shipments and each shipment may be treated separately for purposes of invoicing. Our count and weight taken at the shipping point shall govern. Please note that delivery schedules are approximate and not guaranteed. We assume no responsibility for any delays in delivery.

For shipments made freight prepaid by WATERAX, orders shall be delivered by the carrier designated by WATERAX, at the choice of WATERAX, (hereinafter the “Deliverer”).

The Deliverer shall deliver the Order to the place specified by the Buyer and indicated in the Order Acknowledgement and within the timeframe chosen by the Buyer from the periods proposed by WATERAX (hereinafter the “Initial Delivery”). The Buyer undertakes to be present at the place of delivery for the entire duration of the chosen period for the Initial Delivery to take possession of the Order.

The Buyer understands and agrees that, in his or her absence and if the condition of the premises so permits according to the reasonable judgment of the Deliverer, the Deliverer may leave the Order at the place of delivery (e.g. in front of the door of the residence). The Buyer gives WATERAX full and unqualified discharge from all liability in connection with such a delivery of the Order, particularly in the event of theft, vandalism, or bad weather.

If the Deliverer is unable, for whatever reason, to leave the Order at the place of delivery in the absence of the Buyer during the Initial Delivery, the Deliverer will retain the Order and return it to WATERAX. The Deliverer will never be able to leave the Order at the place of delivery when it is located, in particular, in a multi-unit complex, in a group of residences held in divided co-ownership (condominiums) with a common entrance, or in any other location with similar characteristics. The Buyer must then contact WATERAX to arrange for a second delivery (hereinafter the “New Delivery”), the cost of transport and handling of which shall be paid by the Buyer.

Warranty

Please refer to the WATERAX Limited Warranty for details pertaining to the terms and conditions of the conventional warranty provided.

Shortages or Damaged Goods

Any shortage, damage or error in shipment should be reported to us immediately upon receipt of good and at the latest within 10 days after delivery. All packages should be carefully inspected for visible damage prior to acceptance from the Deliverer. In case of visible damage, the delivery should be refused or damage should be noted when signing for receipt of packages.

Prohibition of Re-export

The Buyer represents and warrants that all purchases are intended for final delivery to locations within Canada (if purchased in Canada) OR United States (if purchased in the United States). The Buyer shall not, directly or indirectly, resell or re-export goods to any place or country outside [Canada OR United States] nor shall resell goods to any other person, firm or corporation in [Canada OR United States], who the Buyer knows or has reason to believe intends to resell or re-export goods outside [Canada OR United States] without the prior written approval of WATERAX.

Returned Goods

Please contact our customer service department with full details concerning the return of any goods and the issuance of a Return Goods Authorization number (RGA). Returned Goods will not be accepted without a valid RGA number. Material returned for reasons other than defective replacement will carry a handling and restocking charge equal to 20% of the invoice price of such merchandise. Material must be in new and original condition subject to inspection, and returned freight prepaid.

Goods returned for reasons other than defective replacement will carry a handling and restocking charge equal to 20% of the invoice price of such goods. Goods must be in new and original condition subject to inspection, and returned freight prepaid. All special orders, being non-stocked items purchased on special order, are to be considered non-cancellable and non-returnable. Such sales are therefore final.

Jurisdiction

The Agreement is governed by the applicable laws of the Province of Quebec and the applicable laws of Canada. Any dispute between the parties arising out of the Agreement shall be subject to the exclusive jurisdiction of the courts of the Province of Quebec. Orders will be delivered within Quebec, or at the place agreed to in writing by Waterax and the Buyer, to the address confirmed in the Order Acknowledgement regardless of where the Order is placed.