Making clean water in the Greater Orlando area since 2003.
Making clean water in the Greater Orlando area since 2003.
TERMS & CONDITIONS, WARRANTIES AND EXCLUSIONS
Your decision to do business with us is your agreement to these terms and conditions.
Discount Water Supply Inc., a Florida corporation, hereinafter referred to as DWS, is in the residential and commercial potable water treatment equipment business. Every system, device, part and service is intended only for the stated purpose. Any other use or attempted use constitutes misuse and DWS will disclaim any liability.
1. THE OWNER AND END USERS ARE RESPONSIBLE for the operation, maintenance and monitoring of the water treatment system, including testing the water, the addition of salt, chlorine, replacement filters and other supplies or parts required. Failure or neglect of the end user to operate and maintain the treatment system is cause for DWS to disclaim any warranty and liability. Common sense is an absolute necessity for being responsible for any mechanical device, including water treatment devices. Common sense cannot be built into any product. It must be supplied by the end user.
2. Florida Statute 817.558 states, among other things, that we provide the end user this notice, which we do. It is on every page of our website, on the invoices, advertising literature and on the equipment we install. “Notice to Consumer: Operational. Maintenance and replacement requirements are essential for this water treatment device to perform as sold. “
3. Claims and Disputes In the event of a claim or dispute, the burden of proof always rests with the person initiating a claim or a dispute. It is not incumbent on DWS to disprove a claim, it is the claimant's responsibility to prove their claim.
4. The Final Responsibility for operation and maintenance of a water treatment supply, conditioning and or pumping system rests with the owner and end users. If you choose to live with a water treatment system and /or a private water supply, you are responsible for your water.
5. Owner’s Manuals are always available. For your convenience and in the spirit of the statute, we give you all the owner’s manuals relevant to your equipment at the time of purchase. It is the customers’ responsibility to keep them. We make available all relevant user manuals, checklists, instructional videos on our website, and we offer all required materials, supplies and parts in our retail store and on our website.
6. Suitability for human consumption. Operation and maintenance of the treatment system is ultimately the responsibility of the owner and / or end user. Only an EPA certified laboratory can determine if any water sample is safe for human consumption. DWS does not guarantee or warranty any water to be suitable or safe for human consumption. Warranties are limited to equipment and services to equipment. If the water is suspect, contact an EPA certified laboratory for analyses.
7. Manufacturer’s warranties are issued by the manufacturer. Claims are decided by the manufacturer. DWS will provide the end user with a copy of the warranty at the time of purchase or upon request. DWS will attempt in good faith to remedy any problem within the warranty period in the most expedient and fair manner. Any repairs or modifications performed by an outside party may void the manufacturer’s warranty and may void any DWS warranty and liability obligation. Manufacturers’ warranties do not cover labor charges of any kind. Customers are liable for customary labor charges on warranted equipment.
8. Labor warranty on new treatment system installation is 90 days and is limited to materials and workmanship. Repair warranty is 30 days and is limited to materials and workmanship. A repair includes replacement components. Damage to any landscaping, grounds, structures, utilities, crops, driveways, sidewalks, or other personal property during site visits for services is excluded from all liability obligations by DWS. Customer will be liable for any charges for labor that is not a direct result of this labor warranty.
9. Warranty Service is limited to legitimate warranty problems, such as manufacturer’s warranty of specific equipment and warranty on work we performed within the specified warranty period. The manufactures warranty is the final authority on resolving any equipment issue.
10. Warranty Exclusion There is no warranty on any maintenance, water testing, equipment we did not service even if it is adjacent to equipment we serviced, nor equipment you did not purchase from us. Also excluded from warranty are the use or attempted use of any system, device, part or service for irrigation, sprinklers, ponds, car washes, pressure cleaners, animals, fountains, laboratories, medical devices and applications, aquaculture, agriculture, aquariums, water features or swimming pools. Omissions in this document of any other possible misuse will not create or cause any liabilities by DWS.
11. Warranties are Non-transferable.
12. Payment in full is required at the time of purchase. The price is the same for cash, check or credit card. You must let us see your valid driver license or state ID and write the number on your check. We only accept local bank checks. We charge sales tax as required by state law. Management reserve the right to refuse your check or your card and to demand cash payment. We do not offer financing.
13. Past due amounts will accrue additional costs. Returned check charge is $35, or higher as permitted by law. We prosecute bad checks to the full extent of the law. Overdue balances accrue interest at the rate of 18% annually, or higher as permitted by law, compounded monthly. Customer may be liable for court costs, attorneys’ fees, collection costs and other fees as permitted by law.
14. Return Policy All sales are final. Returns for exchange or store credit are at the discretion of management, only if the part has not been used, subject to a Return Authorization prior to acceptance. Unauthorized returns will not be accepted. There is no return on electrical parts. Customer is liable for transportation and / or shipping of any part purchased in the store or by mail order for delivery and return.
15. In-Shop repairs warranty is at the discretion of DWS at the time of sale. You must pay your invoice in full before we release your equipment.
16. Abandoned equipment Any item left over 30 days is considered abandoned and becomes property of DWS.
17. Scheduled Maintenance Agreements means we replenish salt and other chemicals, perform maintenance checks according to our checklist and manufacturers recommendations, if any. The end user is still responsible for the operation and monitoring of the treatment system. Scheduled maintenance is not an appointment. The program is designed to provide flexibility in scheduling and is subject to change at any time. Monthly service means we visit one time per month. Bi-monthly service means one visit every two months. The end user is responsible to monitor your system between our visits. If you request, we will leave an extra chlorine jug for you to add to your system. Jug deposit charge is $7.50, so please leave the extra jug for us to retrieve. Please contact us if there any access issues such as gates, dogs, etc. Late fees apply to payments received after due date. Past due accounts are subject to discontinuation of service and referral to collection proceedings, including a mechanics lien against your property. Scheduled maintenance plans may be cancelled by either party at any time.
18. A Construction lien as per Florida Statute 713 will be filed against your home in the event you are past due for service performed or goods installed at your home or property. There are substantial fees associated with such liens. A lien can result in foreclosure.
19. Altering or moving of any system or device from its original installed location will void all warranty and liability obligations by DWS, unless DWS is contracted to perform the service.
20. Changes in the quality or quantity of source water or any other outside conditions that result in an adverse effect on any system, device, part or service provided by DWS are specifically excluded from any liability and warranty obligations by DWS. Changes in source water may cause a need for additional treatment equipment.
21. Destructive events. Any act of man, nature, weather, natural disaster, terrorists, acts of war, civil unrest, criminal activity, vandalism, floods, fires, earthquakes, volcanoes, hurricanes, insects, pestilence, acts of the Gods, or any other event, known or mysterious, that is beyond the control of DWS and that results in, or is suspected to result in any adverse effect on any system, device, part, or service provided by DWS is excluded from any liability and warranty obligations of any kind.
22. Delays by third party delivery operators of systems, parts, devices and supplies beyond the control of DWS and any resulting inconveniences or damages are excluded from any liability obligation of DWS.
23. Unavailability of any system, part, device or supplies beyond the control of DWS and any resulting inconveniences or damages are excluded from any liability obligation of DWS.
24. Ground movement. It is the customers’ responsibility to provide a suitable site for installation. Erosion, shifting, settling, sinkholes, subsidence or any other movement of ground under, near, around or adjacent to any installed system, tank, pump or other device that results in shifting, settling, moving or other adverse effect on such equipment is specifically excluded from any liability and warranty obligations of DWS.
25. Electrical disruptions, failures, surges or any other malfunctions that result in adverse effects on any system, device, part or service provided by DWS are considered to be an uncontrollable event and are excluded from any liability and warranty obligations of DWS.
26. Incidental and consequential damage. DWS disclaims any liability for any incidental or consequential damages or expenses or inconveniences of any kind under any circumstances unless a competent court finds otherwise.
27. Refusal of service DWS reserves the right to refuse service to anyone, so behave yourself.
28. Non-discrimination Notwithstanding paragraph 20, DWS does not discriminate against anyone based on race, gender or lack of it, color, creed, religion, national origin, peculiar children, disabilities or sexual orientation.
29. Change Orders Customer requests for work in addition to an existing contract will be processed within a change order which will reference the details of the additional work and materials, and their cost. The terms and conditions apply to change orders the same way as the original contract.
30. Final Authority This document is the final authority regarding terms and conditions from DWS. No other warranties or promises whether written or verbal from any employee or representative of DWS can override or alter this document in any way, shape or form.
This document is subject to change without notice. For the latest version, visit our website www.discountwatersupply.com/terms.html.
“Notice to consumer. Operational, maintenance and replacement requirements are essential for this water treatment device to perform as sold.” Florida Statute 817.558
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