PLEASE READ THESE TERMS AND CONDITIONS VERY CAREFULLY
UNLESS OTHERWISE SPECIFICALLY AGREED TO BY FLORIDA WATER CONTROL CO (“FWC”) IN WRITING, THESE TERMS AND CONDITIONS APPLY TO ALL SALES BY FWC, ALL PROVISION OF SERVICES BY FWC, AND ANY OTHER BUSINESS TRANSACTION IN WHICH YOU MAKE WITH FWC.
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 FWC OR ANY SERVICE PROVIDED BY FWC, 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 FWC, THESE TERMS WILL GOVERN.
About These Terms and ConditionsThese Terms and Conditions constitute a binding contract between You and FWC 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 FWC or otherwise engaging FWC 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 FWC’s website at the time You place an order or sign a contract with FWC will govern the order in question, unless otherwise agreed in writing by FWC and You.
These Terms and Conditions, any related agreement, any sale of products or provision of services by FWC, 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 FWC, 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.
You agree that any Dispute shall be brought exclusively in the state or federal courts located in Broward County, Florida. You agree to submit to the personal jurisdiction of such courts and waive any challenge to venue in such courts or as to personal jurisdiction.Bench TrialYou agree to waive, to the maximum extent permitted by law, any right to a jury trial with respect to any Dispute.
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 FWC 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 FWC property until the full cost thereof is paid and you agree that FWC shall have a secured interest in such equipment until payment is made in full.
Prices Subject to Change
FWC’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 FWC, WILL FWC, 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 FWC 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 FWC OR ANY OF ITS AFFILIATES, THE ENTIRE LIABILITY OF FWC 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 FWC, 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 FWC.
Use of Third-Party Contractors
You acknowledge and agree that FWC may utilize the services of one or more third-party contractors to effectuate the installation of products purchased from FWC or to perform any service that you have ordered. Although FWC will endeavor to arrange for qualified personnel to perform such installation/service, FWC 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 FWC 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.