TERMS & CONDITIONS
By placing an order and/or accepting delivery of any product delivered from Aerobic Water Works LLC (“Aerobic Water Works”), you ("Customer") agree to be bound by the terms and conditions listed below. You and Aerobic Water Works agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and Aerobic Water Works. In addition, these terms and conditions are subject to change by Aerobic Water Works without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from Aerobic Water Works.
1) Payment Methods • Visa • MasterCard • Discover • Pre-paid company check, personal check, cashier's check or money order. (Expect slightly longer processing time)
2) Shipping Charges Your total cost for purchase of any product will include shipping charges shown on the Aerobic Water Works shopping cart and invoice.
3) Shipping Methods and Processing Time Aerobic gel products will be shipped via USPS Priority 2-3 day shipping. Due to the special refrigerated packaging used, Aerobic Gel orders are only shipped on Monday through Wednesday to insure a maximum three day delivery.
4) Sales Tax Sales tax is only applied to orders shipping to Illinois.
5) Order Status Aerobic Water Works will provide information on your order status via e-mail. Shipment tracking information will be emailed to your submitted e-mail address once your order has shipped.
6) Security Your security is important to us. All on-line transactions are sent through our secure server and encrypted with 128-bit technology. Once we receive your order or information submission, only trusted, authorized employees will process the payment to make sure your information is handled with the utmost security.
7) Your Privacy Aerobic Water Works respects your privacy. We will not under any circumstances sell or release your information to anyone except as outlined in our privacy policy. All of the information obtained from our web site will be used for processing purposes only. You will only receive e-mails or correspondence from Aerobic Water Works to update you on recent orders and/or returns.
8) Changing an Order You may request a change to your order provided the order has not already been charged to your account. Please contact customer service by phone or by using the form found on our “contact us” web page.
9) Canceling an Order You may request than an order be cancelled provided the order has not already been processed and shipped. Please contact customer service by phone or by using the e-mail form found on our “contact us” web page.
10) Customer Satisfaction Aerobic Water Works is dedicated to continually improve the performance and reliability of its products. If you experience any difficulties with our products, please contact customer service.
11) A Return Merchandize Authorization number (“RMA”) is required for all returns. Aerobic Water Works will not accept returns without prior authorization and a RMA number. Contact customer service for an RMA number. Once issued, RMA numbers are valid for 15 days within which return products must be received by Aerobic Water Works. Please prominently display the RMA number(s) on the shipping label of boxes containing the returned product. Product
Return Procedure
a) Obtain a Return Merchandise Authorization ("RMA") number within 30 days of purchasing the product. RMA numbers are valid for 30 days. Customer should display the RMA number on the shipping label of box containing the returned product.
b) Customer is responsible for shipping any returned product to Aerobic Water Works.
c) Aerobic Water Works will not refund to Customer the original shipping charges.
12) WARRANTIES
AEROBIC WATER WORKS MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN THIS DOCUMENT. AEROBIC WATER WORKS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
13) LIMITATION OF LIABILITY
IN ALL CIRCUMSTANCES AEROBIC WATER WORKS’ MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. AEROBIC WATER WORKS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. AEROBIC WATER WORKS SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE DUE TO EXEMPLARY DAMAGES, WHETHER OR NOT AEROBIC WATER WORKS HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
14) GENERAL TERMS AND CONDITIONS
An order is not binding upon Aerobic Water Works until it is accepted; Aerobic Water Works must receive payment before it will accept or ship an order. Price, specifications and terms of offers are subject to change by Aerobic Water Works without notice. Aerobic Water Works is not responsible for typographical and/or photographical errors.
15) Title; Risk of Loss
Aerobic Water Works will advise Customer of estimated shipping dates, but Aerobic Water Works will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
16) Governing Law and Jurisdiction
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between Aerobic Water Works and Customer shall be governed by the laws of the State of Illinois, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Aerobic Water Works and Customer consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of Illinois, Cook County, to resolve any dispute between them related hereto, and the parties waive all rights to contest the exclusive jurisdiction and venue of such Courts. Finally, the Customer also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against Aerobic Water Works that is more than one year after the date of the applicable invoice date.
17) Severability
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Illinois law.
