PLEASE READ THESE TERMS AND CONDITIONS VERY CAREFULLY
UNLESS OTHERWISE SPECIFICALLY AGREED TO BY ALPINE PERFECT WATER TECHNOLOGIES (“ALPINE”) IN WRITING, THESE TERMS AND CONDITIONS APPLY TO ALL SALES BY ALPINE, ALL PROVISION OF SERVICES BY ALPINE, AND ANY OTHER BUSINESS TRANSACTION IN WHICH YOU MAKE WITH ALPINE.
ANY ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS IN ANY FORM DELIVERED BY YOU ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN.
BY ACCEPTING DELIVERY OF ANY EQUIPMENT/PRODUCT SOLD BY ALPINE OR ANY SERVICE PROVIDED BY ALPINE, YOU AGREE TO BE BOUND BY AND ACCEPT THESE TERMS AND CONDITIONS. TO THE EXTENT THERE IS ANY CONFLICT BETWEEN THESE TERMS AND CONDITIONS AND THOSE IN ANY OTHER AGREEMENT YOU MAY HAVE WITH ALPINE, THESE TERMS WILL GOVERN.
Important Information About These Terms and Conditions
These Terms and Conditions constitute a binding contract between You and Alpine and are referred to herein as either “Terms and Conditions” or this “Agreement.” You accept these Terms and Conditions by making a purchase from or placing an order with Alpine or otherwise engaging Alpine to perform or procure any services. These Terms and Conditions are subject to change without prior notice, except that the Terms and Conditions posted on Alpine’s website at the time You place an order or sign a contract with Alpine will govern the order in question, unless otherwise agreed in writing by Alpine and You.
These Terms and Conditions, any related agreement, any sale of products or provision of services by Alpine, and any claim, dispute, or controversy (whether in contract, tort, or otherwise, including statutory, consumer protection, common law, intentional tort, and equitable claims) between You and Alpine, including their affiliates, contractors, and agents, and each of their respective employees, directors, and officers (a “Dispute”) will be governed by the laws of the State of Florida, without regard to conflicts of laws.
All Disputes, controversies or claims of any sort, arising out of or in any way relating to this Agreement, its negotiation, and the services provided pursuant to it, whether based in contract, tort, regulation, or any other legal or equitable theory, shall exclusively be resolved by final and binding arbitration. Arbitration shall be conducted within the geographical limits of Broward County, Florida. The Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association (the “Arbitration Rules”) in effect at the time arbitration is demanded by either party shall govern the arbitration proceeding and the selection of one neutral arbitrator to preside over the proceeding. The arbitrator is empowered to decide all Disputes and all questions related to the enforceability and scope of these Dispute Resolution provisions, including but not limited to the validity, interpretation and applicability of these Dispute Resolution provisions. Additionally, this transaction involves interstate commerce, and these Dispute Resolution provisions shall be governed by the Federal Arbitration Act, as amended (9 USC 1). No arbitration may proceed on a class or representative basis, and the arbitrator may not consolidate any arbitration proceeding governed by these Dispute Resolution provisions with any other person’s arbitration proceeding, and may not otherwise preside over any form of a representative or class proceeding. Under the Arbitration Rules, although each party is required to pay certain administrative and arbitrator fees, the amount the consumer may be required to pay is limited. Each party to arbitration is responsible for its own attorney’s fees, if the party chooses to be represented by an attorney.
Class Action and Jury Trial Waiver
Each party to this Agreement may bring a Dispute against the other only in its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Each party gives up or waives any right it may have to have any Disputes between them resolved by a jury.
Except in the case of nonpayment, neither party may institute any Dispute in any form more than one (1) year after the cause of action first arose. The rights and remedies provided to Alpine under these Terms and Conditions are cumulative, are in addition to, and do not limit or prejudice any other right or remedy available at law or in equity.
All sales are final and deposits are non-refundable. If purchase of equipment is made through a financing plan, then such equipment will remain Alpine property until the full cost thereof is paid and you agree that Alpine shall have a secured interest in such equipment until payment is made in full.
Prices Subject to Change
Alpine’s range of products, prices, special offers and promotions are subject to change at any time without prior written notice.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH HEREIN OR ANYTHING TO THE CONTRARY SET FORTH IN ANY WARRANTY PROVIDED IN CONNECTION WITH ANY PRODUCT/EQUIPMENT OFFERED BY ALPINE, WILL ALPINE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR: (A) ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS, REVENUES OR SAVINGS, EVEN IF ALPINE HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES OR IF SUCH DAMAGES ARE OTHERWISE FORESEEABLE, IN EACH CASE, WHETHER A CLAIM FOR ANY SUCH LIABILITY IS PREMISED UPON BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY; OR (B) ANY CLAIMS, DEMANDS OR ACTIONS AGAINST YOU BY ANY THIRD PARTY. IN THE EVENT OF ANY LIABILITY INCURRED BY ALPINE OR ANY OF ITS AFFILIATES, THE ENTIRE LIABILITY OF ALPINE AND ITS AFFILIATES FOR DAMAGES FROM ANY CAUSE WHATSOEVER WILL NOT EXCEED THE LESSER OF: (A) THE DOLLAR AMOUNT PAID BY YOU FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM OR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM; OR (B) $10,000.00.
Although you may seek financing and/or loans to provide payment for any sales and/or service provided by Alpine Perfect, you understand and agree that, if such financing is rejected and/or delayed for any reason, you shall remain personally responsible for prompt payment (meaning payment in full within 3 days after installation of the subject equipment) and that such failure of financing shall not provide you with an option to terminate your contractual agreement with Alpine Perfect.
Use of Third-Party Contractors
You acknowledge and agree that Alpine may utilize the services of one or more third-party contractors to effectuate the installation of products purchased from Alpine or to perform any service that you have ordered. Although Alpine will endeavor to arrange for qualified personnel to perform such installation/service, Alpine cannot and does not guarantee or warrant the work of such third-party contractors. In the event of any dispute concerning installation or other services provided by such third-party contractors, you agree that Alpine shall have no liability and that you will look solely to the third-party contractor(s), if any, who effectuated the installation or other service work for compensation, damages, or otherwise.
Conditions of Sale
The purchase of any products is an agreement by the purchaser/user to hold Alpine harmless of all liabilities and damages indemnify and agree to defend. The purchaser/user assumes all responsibility for the use of any product sold on or by Alpine and its affiliates.
You understand and agree that Alpine is a passive reseller and doesn’t share liability with manufacturer(s) for damages caused by faulty water treatment products or the installation or usage of such products. You agree to hold Alpine, its parent company, officers and affiliates harmless for any damages caused by improper system manufacturing, design, installation or operation.
Alpine is not responsible or financially liable for any water damage, property damage, or personal injury, direct or indirect, that may occur from normal and correct use of the products we sell, catastrophic failure of the products we sell, failure to properly connect the units to the water supply lines, and/or failure to understand and observe the proper water pressure ratings and requirements for these units. Use and install all of our products solely at your own risk. Do not expose any of these units to freezing temperatures (<33 degrees Fahrenheit) or direct sunlight (UV rays).
Non-Sufficient Funds / Returned Checks
If any payment provided by check is returned or rejected for non-sufficient funds (NSF), you agree to pay a penalty up to the full amount authorized by Florida law; i.e. $25.00 if the check amount if less than or equal to $50.00; $30.00 if the check amount is less than or equal to $300.00, $40.00 if the check amount is less than or equal to $800.00, or up to 5% if the check amount is greater than $800.00.
Finance Charge for Late Installment Payments
If you finance any part of your purchase, you agree to pay a monthly finance charge equal to 1.5% for any month in which your payment is late by more than three (3) days. In the event such finance charge is greater than that allowed under governing law, it shall be reduced to the maximum interest rate allowed for such finance charges.
Should Alpine waive any of its contractual rights; such waiver will not constitute a future waiver of said rights.
If any provision of this Agreement is determined to be invalid or unenforceable, in whole or in part, by any rule of law or public policy, all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect.
Payment Constitutes Acceptance
In the event you choose to finance or pay in installments for any part of your purchase, your payment of any invoice, installment, or credit/debit card authorized charge shall constitute an absolute admission and agreement for all future charges remaining on such installment contract/order. You understand and agree that Alpine shall at all times maintain an absolute right to accelerate all remaining payments due on any installment contract for any reason, and you agree to pay such accelerated amounts if so demanded by Alpine within thirty (30) days of any such demand.
You agree that you will be responsible for payment of Alpine’s reasonable attorneys’ fees incurred in connection with any claim brought by Alpine for collection of amounts due for the purchase of any product or service covered hereunder. Attorneys’ fees shall not be recoverable with respect to any other claim between the parties arising under or related to this Agreement.
By purchasing any product covered hereunder, you understand that certain service and/or maintenance of such product will be required to maintain the condition of such product. Such service/maintenance may include filter replacement, disinfection of equipment, self-monitoring of the system, service appointments, etc. The failure to properly service and maintain any equipment covered hereunder may result in the voiding of any warranty provided in connection therewith or in increased costs to repair the product at issue. Alpine reserves the exclusive right to determine if compliance with maintenance/service guidelines has occurred.
You agree to be solely responsible for obtaining all necessary permits or other government approvals for any equipment to be installed or service to be performed at your property. To the extent you fail to obtain any necessary permits/approvals for the subject work, you agree to indemnify and hold harmless Alpine with respect to any action, fine, expense, or delay incurred as a result of such failure to obtain such permit/approval.
Leaks and Other Faults
By purchasing any equipment covered hereunder, you understand that it is your sole and exclusive responsibility to inspect the equipment on no more than a weekly basis to ensure that the equipment is not leaking and is otherwise performing as intended. Upon discovery of any such leaks or other faults, you shall immediately notify Alpine to identify and describe the issue. Alpine shall have no responsibility for any leaks or other faults of equipment that could or should have been discovered if the above protocols were followed. You shall be solely responsible for maintaining a written log of weekly inspections of equipment and must provide such log to Alpine when reporting the discovery of any leaks or other faults. The failure to provide such log upon your first contact to Alpine to report the leak/issue shall conclusively establish that you did not abide by the above protocols.
You understand that water leakage can occur with respect to any product or equipment sold/installed hereunder. It is your sole responsibility to install a leak detection device capable of monitoring and alerting you to any such leakage that shall shut off water to your property within ten (10) seconds of any such detection. While you are not required to install any such device, the failure to do so constitutes a waiver of any and all claims against Alpine, its affiliates, or its contractors/installers with respect to any and all damage (physical or personal) as a result of or connected in any way to water leakage.
These Terms and Conditions, together with any written forms provided by Alpine to you, sets forth the entire understanding of the parties in connection with the subject matter hereof, and is intended to supersede all previous oral agreements between you and Alpine. You agree that neither Alpine nor any employee/contractor/representative thereof has made any statement, representation, or warranty in connection herewith, except as expressly set forth herein, which has been relied upon by you or which has acted as an inducement for you to enter any agreement with Alpine or otherwise purchase any product or service to which these Terms and Conditions apply. You specifically agree and represent that you are not in fact relying upon any such statements, representations, or warranties, or any other expectations, understandings or agreements other than those expressly set forth or incorporated by reference in these Terms and Conditions or other written material provided to you at the time of sale. By purchasing any product or service from Alpine or any contractor selling products on behalf of Alpine, you agree that no representations or guarantees were made with respect to the products or services purchased other than what has been provided to you in writing.
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We wish you a pleasant buying experience at Alpine Perfect Water Technologies!