Terms and Conditions
Terms & Conditions of Sale
The following terms and conditions govern the sale of products by Aqua-Blue (Niagara) LTD. By submitting your on-line order to www.aquablue.ca you have indicated your acceptance to be bound by these terms and conditions of sale. At Aqua-Blue (Niagara) LTD. sole discretion, these terms and conditions may be changed without prior notice at any time before Aqua-Blue (Niagara) LTD. accepts your order.
Payment Terms
Payment is due by Credit card. Once an order is placed by credit card, the credit card account will be verified at the time the order is placed. Should a credit card be declined, so will be the order. No C.O.D. orders are accepted. Orders are processed ONLY upon receipt of payment.
Disclaimer of Warranty
When products are shipped to you, their warranties determined on a per product basis are in effect and are included with the shipment. (other than those warranties implied by and incapable of exclusion, restriction or modification under applicable law)
Payment Shipping and Handling Charges and Taxes
The buyer is responsible for any taxes or tariffs associated with your purchase.
Prices
Prices shown on the Aqua-Blue (Niagara) LTD's site do not include shipping and handling or insurance. Neither do the prices include applicable taxes unless otherwise noted. All prices are in Canadian dollars. The price charged for an order will be the price in effect at the time the order is placed. Nonetheless, if the price drops before shipment and you notify Aqua-Blue (Niagara) LTD. of the lower price before the product is shipped, in which case (and in that case only) the price charged will be the lower price. All pricing is subject to change.
Shipping & Risks during Shipping
When products are shipped to you by common carrier, Aqua-Blue (Niagara) LTD. liability to you for breakage and/or non-delivery of the products by the common carrier to you will be limited by the limits of liability provided by the common carrier's terms and conditions of carriage. You may wish to purchase insurance from loss or breakage during carriage for full insurable value of the products you have ordered by arranging it before hand with Aqua-Blue (Niagara) LTD. Staff.
Order Cancellations & Changes
For the benefit of our customers, we attempt to process orders as rapidly as possible. As such, orders may be shipped from our warehouse for fulfillment very soon after they are placed. Due to difficulty of locating orders once they have begun the fulfillment process, we will not be able to make any order changes or cancellations once they have reached this stage of processing.
Please review orders very carefully prior to submitting them and in the case a cancellation is necessary; please contact us as soon as possible to increase the likelihood that we are able to stop your order before it goes to the warehouse for fulfillment. Unfortunately, no guarantees can be made.
Limited Warranty
Aqua-Blue (Niagara) LTD.warrants product(s) to be in good working condition and free from defects in material and workmanship for a period of Fifteen (15) days for RETAIL packaged products from the original invoice date unless otherwise restricted below or by the manufacturer's own warranty policy.
Aqua-Blue (Niagara) LTD. liability is limited to repairing or replacing, at its option, any defective product, freight prepaid to Aqua-Blue (Niagara) LTD., according to the Merchandise Return Procedure set forth in Section Merchandise Return Procedure. Buyer shall bear all responsibility for shipping charges and risk of loss or damage during transit to Aqua-Blue (Niagara) LTD. Products which have been subjected to abuse, misuse, alteration, neglect or unauthorized repair or installation, as determined solely by Aqua-Blue (Niagara) LTD., are not covered by this warranty.
Any alterations, addition, improvements or attachments to the product(s) not authorized in writing by Aqua-Blue (Niagara) LTD. shall be deemed to be a waiver of this warranty by Buyer and shall render this warranty null and void. Aqua-Blue (Niagara) LTD. shall return repaired or replaced product(s) to Buyer, at its expense via regular ground service within Canada. Shipping charges by all other methods and to all other destinations shall be borne by Buyer.
THIS WARRANTY IS IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED. Aqua-Blue (Niagara) LTD. MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED. IN NO EVENT SHALL Aqua-Blue (Niagara) LTD. BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES SUCH AS LOSS OF PROFITS OR BUSINESS OPPORTUNITIES, AND IN NO EVENT SHALL Aqua-Blue (Niagara) LTD.'s LIABILITY EXCEED THE PURCHASE PRICE OF THE PRODUCT(S).
Limitation of Liability
The maximum liability to you for products purchased from Aqua-Blue (Niagara) LTD. shall be limited to the purchase price you have paid for the products. Also, Aqua-Blue (Niagara) LTD. will not be liable for any property damage, personal injury, loss of use, interruption of business, loss of profits, incurred labour charges, incurred water or material charges or other consequential, indirect, incidental, punitive or special damages. This applies to all situations however caused, whether for breach of warranty, contract, tort (including negligence), strict liability or otherwise, other than those damages that are incapable of limitation, exclusion or restriction under applicable law.
THE RETURN POLICY IS NOT A WARRANTY. Aqua-Blue (Niagara) LTD. reserves the right to change or to cancel it at any time before accepting your order. For all refunds, you need to precisely follow the previous return procedures to ensure the return of your refund. You need to also allow a reasonable period of time for the product to arrive at our warehouse and pass an inspection process. When your return is accepted, we will process your credit as soon as possible.
Interpretation
These terms and conditions shall be interpreted under and governed by the federal laws of Canada, without giving effect to conflicts of law rules. Headings used in these Terms and Conditions are for convenience of reference only and are not intended to be part of, or to affect the meaning or interpretation of, these Terms and Conditions.
No Modification
Any additional or altered terms attached or adhering to an order shall be null and void and without effect, unless agreed to in writing by Aqua-Blue (Niagara) LTD.. These terms and conditions may not be modified, altered or amended without the written agreement of Aqua-Blue (Niagara) LTD..
Severability
If any provision of these terms and conditions is held to be illegal, invalid or un-enforceable, in whole or in part, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired. The terms and conditions stated herein are declared to be Severable.
General
You may not assign this agreement without Aqua-Blue (Niagara) LTD. prior written consent. Aqua-Blue (Niagara) LTD. is the intended beneficiaries of this agreement. If there is any inconsistency between this agreement and other agreement included with or relating to products purchased from Aqua-Blue (Niagara) LTD., this agreement shall take precedence.
Linking and Framing the Web Site
Links to the Web Site without the express permission of Aqua-Blue (Niagara) LTD. are strictly prohibited. Aqua-Blue (Niagara) LTD. reserves the right to cancel and revoke any permission it may give to link to the Web Site at any time, for any reason, without any notice, and without any liability to you or any other person. The framing of the Web Site or any of its content in any form and by any method is strictly prohibited.
Merchandise Return Procedure
You may return most new, unopened items within 14 days of delivery for a refund minus 20% restocking fee. We will pay the return shipping costs if the return is a result of our error (you received an incorrect item), otherwise return shipping arrangements and related charges and fees will be the purchasers responsibiltiy.
You should expect to receive your refund within four weeks of giving your package to the return shipper, however, in many cases you will receive a refund sooner. This time period includes the transit time for us to receive your return from the shipper (5 to 10 business days), the time it takes us to process your return once we receive it (3 to 5 business days), and the time it takes your bank to process our refund request (5 to 10 business days).
If you did not create an account with us to order your product, start your return process by E-mailing sales@aquablue.ca they will require the orginal order number, the product you are wishing to return, the reason you are wishing to return the product and a photo of the product to prove quality. We'll notify you via e-mail of your refund once we've received and processed the returned item.
Note: Liners have a 40% restocking fee
Custom Liners and Safety/Winter Covers are final sales
Custom Orders are final sales
All Pricing is subject to Change
Pricing in store may vary.
