Terms & Conditions
NOTICE TO PURCHASERS:
Below is EcoloBlue's Digital Signature Online Purchase Order for the EcoloBlue30E, EcoloBlue30X, EcoloBlue30X Alkaline and other EcoloBlue products. Using this online Purchase Order will speed processing of your order. However, your order may be delayed or back ordered when the volume of orders is too great for EcoloBlue to manufacture, ship, and deliver the products on time. All orders are processed in order of receipt. Using this Online Purchase Order constitutes your consent to conduct the transaction electronically.
2. However, should you prefer, you may contact EcoloBlue Customer Service at 1-800-691-6043, and request that a paper Purchase Order be e-mailed (Adobe pdf), faxed to you, or mailed to you.
3. You may update your electronic records by logging into your account at the EcoloBlue Store at any time or by calling customer service at 1-800-691-6043 or by writing to EcoloBlue 3109 Grand Avenue - Suite 423, Miami, Florida 33133.
4. Any contract executed by a Customer shall be enforceable, with or without electronic consent or confirmation of consent.
5. A Customer's withdrawal of electronic transaction consent shall be effective within a reasonable period of time after receipt of the withdrawal by EcoloBlue, but not with respect to orders already manufactured or shipped.
6. The Customer's electronic signature on this electronic Purchase Order must consist ONLY of letters of the English alphabet, or Arabic numerals, or both, with appropriate spaces and commas, periods, apostrophes, or hyphens for punctuation. The person signing the correspondence must personally insert the electronic signature with a forward slash mark immediately before (no spaces), and a forward slash mark immediately after (no spaces), the electronic signature (e.g., /James T. Jones, Jr., M.D./).
7. The signer's name must be presented in printed or typed form immediately below the electronic signature. Therefore, were Dr. James T. Jones, Jr. purchasing the Atmospheric Water Generator, the electronic purchase order would be signed as follows, with all typing performed personally by James T. Jones, Jr., M.D.: /James T. Jones, Jr., M.D./ James T. Jones, Jr., M.D.
The person inserting a signature under the above instructions as an order for the EcoloBlue Atmospheric Water Generator certifies that the inserted signature appearing in the document is his or her own signature. Therefore, a digitally signed order can never be made by one person for or on behalf of another, even with the permission of that other person to enter into the purchase order on behalf of the ordering person and permission to authorize a credit charge for that person.
Order for Purchase of EcoloBlue Atmospheric Water Generator(s)
Order No. ________________
To: EcoloBlue, Inc., 3109 Grand Avenue - Suite 423, Miami, Florida 33133
____________________________, Buyer, whose address and signature appear below, agrees to purchase from EcoloBlue, Inc., 3109 Grand Avenue - Suite 423, Miami, Florida 33133, the Seller, the goods described in Paragraph 1, below, of this offer, upon the following terms and conditions. The Buyer and the Seller are the Parties hereto, and each of them is a Party. The Purchase Order consists of this purchase document, the Limited Product Warranty, the Items Excluded from Warranty, the Disclaimer of Implied Warranties and Limitation of Remedies, and the Instructions for Returns, all of which together constitute the terms of purchase.
1. Description of Goods. Seller shall transfer and deliver to Buyer the following products and quantities of Seller’s products:
___ (quantity) EcoloBlue Atmospheric Water Generator, Model 30E;
___ (quantity) EcoloBlue Atmospheric Water Generator, Model 30X;
___ (quantity) EcoloBlue Atmospheric Water Generator, Model 30X Alkaline
(hereinafter, collectively, the "Goods"). The Goods shall be covered by a performance and operation warranty and a manufacturer's warranty against defects in materials, manufacturing, and assembly, for a period of one (1) year from the date of delivery to Buyer, except for consumable and maintainable components of the Goods, as specified in the Operation Manual and as set forth below.
2. Time of Delivery. The date of delivery will be within thirty (30) days following clearance of Buyer's payment in full for the Goods.
3. The Goods shall be delivered F.O.B. buyer's residence or office location.
4. Method of Tender. At least twenty-four (24) hours prior to the date of intended delivery, Seller will notify Buyer, at the telephone number and e-mail address Buyer has provided to Seller, of the approximate time of delivery of the Goods. At any time following clearance of Buyer's payment method for the Goods, Buyer may request delivery on a particular date convenient to Buyer, and Seller will try to accommodate that delivery date.
5. Risk of Loss and Title. Risk of loss of the goods shall pass to Buyer at the time that the Goods are actually delivered to and are received by the Buyer. Title to the Goods shall remain with the Seller until the Buyer actually receives the Goods.
6. The price to be paid by the Buyer shall be the total of
$_____ (_____________) dollars), plus two hundred dollars ($200.00) flat shipping charge, for each unit of the Model 30E,
$_____ (_____________) dollars), plus two hundred dollars ($200.00) flat shipping charge, for each unit of the Model 30X, and
$_____ (_____________) dollars), plus two hundred dollars ($200.00) flat shipping charge, for each unit of the Model 30X Alkaline purchased by Buyer.
Buyer shall pay for the Goods and their delivery in full prior to the Buyer's order being considered placed with Seller.
7. Right of Inspection and Return. The Buyer shall have a right of inspection and trial use of the Goods (" Right of Inspection and Return") for a period of thirty (30) calendar days following delivery to the Buyer. The Right of Inspection and Return is contingent upon Buyer (a) properly unpacking the Goods from the Seller's packaging, (b) preserving all of the packaging and all accompanying paperwork, including the Operation Manual, (c) thoroughly reading and following carefully each step indicated in the Operation Manual which accompanies each unit of the Goods that the Operation Manual says or indicates shall be performed prior to attempting to set up or operate the Goods, (d) following each step indicated in the Operation Manual in setting up and operating the Goods, (e) communicating with Seller's Customer Service Department, at 1-800-691-6043, in the event the Buyer requires any assistance or clarification concerning the unpacking, set-up, or operation of the Goods set forth in the Operation Manual, (f) completely emptying the device of all water according to the instructions in the Operation Manual prior to re-packing the Goods in Seller's packaging, (g) re-packing the Goods and all documentation concerning the goods for return to Seller in the same manner and in the same packaging in which they were packed by the Seller, (h) arrange with Seller, not later than the thirtieth (30th) day following delivery of the Goods to Buyer, for pick-up of the Goods from Buyer's premises, including providing advance payment to the Seller for the pickup of the Goods from Buyer by common carrier. The cost of shipping the product back to EcoloBlue is the responsibility of the Buyer. Return of the Buyer's purchase price payment for the Goods shall be made in the same form as Buyer's payment was made (by credit to the same charge account if charged, by check if paid for by check.
8. The purchase or purchases made by the Buyer shall be subject to the Warranty which follows this Purchase Order.
9. This Purchase Order is intended by the Buyer and the Seller as a final, complete, and exclusive expression of their agreement and the terms associated with that agreement. This Purchase Order can be modified or rescinded only by a writing signed by both the Buyer and the Seller or their duly authorized agents.
10. Applicable Law. This Purchase Order agreement shall be governed by the Uniform Commercial Code, as adopted in the State of Florida, as effective and in force on the date of this agreement.
ECOLOBLUE, INC. HOME and SMALL OFFICE LIMITED PRODUCT WARRANTY
The EcoloBlue Atmospheric Water Generator is an appliance designed for reliable performance in the home or home office when used pursuant to the instructions, precautions and guidance contained in the written or digital materials that accompany its purchase from EcoloBlue, Inc. (“EB” or “Ecoloblue”). For one year from the date of date of delivery to the purchaser, when this appliance is installed, operated and maintained according to instructions attached to or furnished with the product, including the provided operation and maintenance manual which accompanies each unit,
EcoloBlue, Inc. will pay for factory-specified parts and customer service instruction by EcoloBlue or an EcoloBlue designated service company for the installation and use of those parts to correct defects in materials or workmanship with the device as shipped from the factory. In the event an EcoloBlue product cannot be rendered reliably operational by the above process, EB warrants the replacement of the product if returned by the purchaser within one year of the date of delivery, with purchaser to pay associated shipping costs. This limited warranty is valid only in the United States or Canada and applies only when the appliance is used in the country in which it was purchased. This limited warranty does not apply outside the contiguous United States and those provinces of Canada in which EcoloBlue maintains authorized distributors. Proof of original purchase and delivery date is required to obtain service under this limited warranty.
ITEMS EXCLUDED FROM WARRANTY
This limited warranty does not cover:
1. Service calls to correct the installation of your appliance, to instruct you on how to use your appliance, to replace or repair house fuses, or to correct house wiring or plumbing.
2. Service calls to repair or replace appliance sterilization UV light source, air filters, or water filters. Parts or components designed to be consumable are excluded from warranty coverage.
3. Repairs or replacement parts when your appliance is used for other than normal, single-family household or small office use, or when it is used in a manner that is contrary to published user or operator instructions and/or installed contrary to installation instructions.
4. Damage resulting from accident, alteration, misuse, abuse, fire, flood, acts of God, improper installation, installation not in accordance with electrical or plumbing codes, or use of consumables or cleaning products not approved by Ecoloblue, Inc.
5. Cosmetic damage, including scratches, dents, chips or other damage to the finish of your major appliance’s cabinet, unless such damage results from defects in materials or workmanship and is reported to EcoloBlue within 15 days from the date of receipt by the customer.
6. Costs associated with the removal from your home of your EcoloBlue, Inc. appliance for repairs. This appliance is designed to be maintained and repaired (with few exceptions) in the home, by the end user. In areas where no EcoloBlue in-home service has been established, only customer service-guided servicing by the end user and replacement parts offered by EcoloBlue, or re-shipment of the device at the customer’s expense to EcoloBlue for manufacturer’s service where explicitly authorized by Ecoloblue, are covered by this warranty.
7. Repairs to parts or systems resulting from or necessitated by unauthorized modifications made to the appliance, and set-up errors resulting from lack of customer consultation with Customer Service upon encountering set-up difficulties.
8. Expenses for transportation of the appliance for product service if your EcoloBlue appliance is located in an area where service by an authorized servicer is not available are covered only in the exclusive discretion of EcoloBlue when the product is defective, inoperable, or otherwise non-conforming to specification as originally delivered to the consumer.
9. The removal and reinstallation of your appliance if it is installed in an inaccessible location or is not installed in accordance with published installation instructions.
10. Appliances with original model/serial numbers that have been removed, altered or cannot be easily determined. This warranty is void if the factory applied serial number has been altered or removed from your appliance.
11. The cost of repair or replacement under the excluded circumstances enumerated above shall be borne by the customer.
Disclaimer Of Implied Warranties; Limitation Of Remedies. Implied warranties, including, to the extent applicable, warranties of merchant-ability or fitness for a particular purpose, are excluded to the extent legally permissible under the laws of the user's jurisdiction. Any implied warranties that may be imposed by law are limited to one year, or the shortest period allowed by law, whichever is longer. Some states and Canadian provinces do not allow limitations or exclusions on the duration of an implied warranty of merchantability or fitness. In such locations, the above limitations or exclusions may not apply to you. If this product fails to perform as warranted, customer’s sole and exclusive remedy shall be repair or replacement, according to the terms of the limited warranty of EcoloBlue, Inc. EcoloBlue, Inc. does not assume any responsibility or liability for incidental or consequential damages arising or resulting from the use of any EcoloBlue product. This warranty gives you specific legal rights; you may also have other rights, which vary from state to state or province to province.
INSTRUCTIONS FOR RETURNS. ECOLOBLUE OFFERS TOLL FREE CONSULTATION TO ITS PURCHASERS WITH RESPECT TO ANY DEFECT OR OPERATIONAL MALFUNCTION A PURCHASER BELIEVES EXISTS IN THE PURCHASED PRODUCT. YOU ARE INSTRUCTED, ENCOURAGED AND CAUTIONED TO USE CUSTOMER SERVICE TO ASSIST YOU IN DETERMINING WHETHER A CONDITION YOU BELIEVE EXISTS IS CAUSED BY USER ASSEMBLY OR OPERATOR ERROR RATHER THAN A MECHANICAL OR ELECTRONIC DEFECT IN THE DEVICE YOU PURCHASED. ECOLOBLUE WILL PAY RETURN SHIPPING SOLELY ON ITEMS IN WARRANTY FOUND BY ECOLOBLUE’S INSPECTION TO BE ACTUALLY DEFECTIVE IN MATERIALS, MANUFACTURE, OR OPERATION AS INTENDED BY ECOLOBLUE.
BE ADVISED THAT IN SHIPPING A MODEL 30E OR MODEL 30X SERIES OR A COMPONENT THEREOF, THE CUSTOMER AGREES TO BE RESPONSIBLE FOR ANY AND ALL DAMAGE TO CUSTOMER’S COMPONENT(S) OR THE ENTIRE MACHINE WHILE THEY ARE UNDER CONTROL OF A COMMON CARRIER. SELLER ASSUMES NO LIABILITY FOR DAMAGE CAUSED BY CUSTOMER’S IMPROPER PACKING AND PROTECTION, OR SELECTION OF PACKAGING, FOR WHAT IS SHIPPED TO ECOLOBLUE, OR FOR DAMAGE CAUSED BY CARRIER, UNTIL AFTER THE MACHINE IS DELIVERED TO ECOLOBLUE’S ADDRESS BELOW. THE ARRIVAL CONDITION OF ALL SHIPMENTS RECEIVED DAMAGED WILL BE PHOTO-DOCUMENTED UPON OPENING OF THE PACKAGING. PURCHASER MUST ACCOMPANY ANYTHING SHIPPED WITH A LEGIBLE WRITTEN DESCRIPTION (PLEASE TYPE OR PRINT!) WHICH DESCRIBES THE REASON FOR THE RETURN AND THE OPERATING CONDITIONS UNDER WHICH CUSTOMER HAS OBSERVED THE PROBLEM CUSTOMER IS SEEKING TO REMEDY NOTE: IT SHALL BE CUSTOMER’S OBLIGATION TO PROCURE FROM THE CARRIER OR FROM A THIRD PARTY WHATEVER INSURANCE COVERAGE CUSTOMER BELIEVES WILL COMPENSATE CUSTOMER FOR LOSS OF OR DAMAGE TO ITEM(S) SHIPPED TO ECOLOBLUE BY THE CUSTOMER’S CARRIER.