Terms & Conditions of Sale

Acceptance of Orders

An order shall not be valid, nor shall it be a binding contract upon the Company, unless it is in accordance with these terms and conditions and shall have been received and approved at the Company’s offices in Ontario California.

Payments and Deposits

Unless other arrangements have been made in advance, terms of payment are 50% deposit with order and balance prior to shipment.

Material Specification

Materials used are cast acrylic and will conform to ASTM-D-4802 (LP-391). Seller may provide drawings prior to fabrication to buyer for design and dimensional approval when buyer has not already supplied drawings. As Seller has no control over the use, environment, and/or conditions for which the tank may be subjected to in the future, Seller recommends that the Buyer independently verify the suitability of the specifications through a Professional Engineer. Seller accepts no responsibility for engineering design unless contract so stipulates engineering has been included in price.

Packing and Packaging

Seller shall palletize; edge and surface protect the goods for delivery at Seller’s expense. If Buyer requires other packing or packaging, Seller shall pack or package the goods according to Buyer’s instructions provided such instructions are furnished in sufficient time to permit Seller to complete the packaging before delivery. Buyer shall pay Seller the cost of such other packing or packaging at the time Buyer takes delivery of the goods.

Protective Shipping Paper or Film: Never leave the paper or film protective covering on the surface of the acrylic. Always remove paper or film prior to hydro testing and never leave in direct sunlight. Paper or film left on acrylic for prolonged periods may result in the adhesive solidifying, making the removal difficult and damage to the acrylic may result during the removal process.

Freight

Unless otherwise agreed in writing, all shipments are F.O.B. Shipping Point California Quality Plastics.

Identification

Risk of Loss; Passage of Title. Seller shall notify Buyer as soon as the goods are ready for delivery. Title to the goods shall remain with Seller until Buyer takes physical possession of, and pays the full Purchase Price for the goods. Risk of loss of the goods shall pass to the Buyer upon on site approval (California Quality Plastics) or release to shipping company of the goods.

Limited Express Warranty

Seller warrants the goods to conform to the characteristics specified in Material Specifications (above). Seller warrants tanks, steel stands, and bonds/glazing will remain free from manufacturing defects for a period of two years. In the event of a tank, stand or bond is found to be defective within the warranty period; Buyer shall photograph defect and forward photos to Seller for review. Seller shall have final determination as to whether tank has suffered from field damage or a manufacturing defect. If a manufacturing defect has occurred, seller will determine if the tank needs to be repaired or replaced. Buyer is responsible for freight back to the Seller and Seller will cover the freight costs for shipping the repaired or replacement tank to the Buyer. All cost associated with removal and/or re-installation is at the Buyers expense. Buyer is responsible for providing proper support of tank and using approved methods for care and maintenance. Failure to provide proper care or support of tank voids warranty. Steel support structure is recommended and shall conform to industry standards for normal applications and conditions. A failure as a result of Acts of God, excessive heat created by metal halide lighting due to improper mounting height or ventilation is not covered and voids warranty.

Disclaimer of all Implied Warranties & Limitation of Liability

Any direct or consequential damage or damages flowing from the failure, for any reason of the physical enclosure, method of installation, bonds, metal halide lighting or excessive heat source, acrylic windows and stands are the risk, responsibility and liability of the Buyer.

Promotional Use

Owner herby grants, at no charge, to Cal Aquaria, the right to use and reproduce the name of Owner, the Work, the building at the Site, and photographs, videos, audios, and other likenesses and reproductions thereof for Cal Aquaria’s promotional purposes only and to allow Cal Aquaria access at a mutually agreeable time to photograph and videotape the exhibition at Owner’s Site after it is assembled. Cal Aquaria herby agrees not to publish the above- mentioned materials prior to the opening of Exhibition to public.