The following Terms and Conditions apply to all direct purchases by internet or phone.
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ORDER/KEEP YOUR PRODUCT.
NOTE: These Terms of Sale apply to direct purchases made from Quench by phone or via the internet.
Ordering through the Internet Website located at www.QuenchWater.ca (the “Site”)
After placing an order, you will receive an email from us acknowledging that we have received your order (“Order Confirmation”). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirming the shipment of your order (the “Shipping Confirmation”). A contract with us will only be formed when we send you the Shipping Confirmation. The contract will relate only to those products whose shipment we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other products that may have been part of your order in a separate Order Confirmation. We reserve the right to cancel your order at any time before we have accepted it and we may rescind our acceptance and cancel your order where there has been an obvious error in price or where the product is no longer in our or our third party fulfillment provider’s inventory.
Prices and Availability of Products
Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered. Our Site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our Site may be incorrectly priced. We will normally verify prices as part of our fulfillment procedures so that, where a product’s correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation or a Shipping Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error.
On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently canceled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time during which an order may be submitted but where the relevant product may no longer be available. You agree that we may cancel your order after you have received an Order Confirmation without penalty.
On very rare occasions, you may receive a Shipping Confirmation from us, but the product is no longer available in our or our third party fulfillment provider’s inventory. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability.
Notice to Site Users on Collection of Tax; User Waiver of Damages Arising from Error in Calculation of Tax
In states where we have no physical presence, we are not required to collect and remit sales tax for Site purchases. However, many states require that residents file a sales tax or use tax return for items purchased on this Site. You should consult your state and local tax laws to determine compliance with tax laws and regulations in your area. In certain states, we collect and remit sales tax. For purchases where sales tax is applicable, you will see the tax calculated before you are asked to confirm the purchase. We use commercially reasonable efforts to calculate and remit the correct amount of tax required on each taxable purchase, but we do not guarantee the accuracy of the amount of the tax that we represent to you as the tax owed. Minor errors may occur owing to the inability to accurately track multiple taxing districts, state and local “tax holidays,” the timing of rate changes or the application of certain taxes to categories of items we sell. As a result of any error, we may over-collect or under-collect your tax. In consideration of our allowing you access to and use of the Site, and in collecting and remitting taxes required on your purchases, you hereby waive your right to claim that the tax collected on any purchase is incorrect in any respect, and agree to hold harmless Quench USA, Inc., its officers, directors, employees, agents and representatives (collectively, “Quench”), for any harm or other damages you may incur as a result of our error in calculating the taxes you owe for your purchases.
The term “shipping” or “ship” includes the commencement of shipping items in an order for multiple purchases or where the item purchased consists of components that must be shipped separately. For example, your order may consist of (1) several different items, (2) a quantity of the same item, or (3) a single item with several component parts the size of which might require them to be shipped in separate packages. In all such orders, we endeavor to ship out individual packages together so that they arrive at the same time; however, when that is not possible, we commence shipping by shipping individual packages in the order in which they are available and conditions permit. In these instances, our notification to you that your order has ”shipped,” marks the time when shipping has commenced; it does not mean that all items in the order have shipped at that time. You agree that credit cards and debit cards are to be charged on the date of inventory reservation for the order, not the date of shipping.
Risk of Loss
Loss or damage that occurs during shipping by a carrier selected by Quench is Quench’s responsibility. This means that the risk of loss and title for such items pass to you upon delivery of the item.
Return Policy; Exchanges
Our return policy can be found at https://quenchwater.ca/return-policy/ and you agree to those terms. Note that under the terms of the Return Policy, not all products may be returned.
Quench shall assign to you any manufacturer warranties applicable to the purchased products (copies of which shall accompany the relevant product(s) when shipped), to enable you to obtain warranty service to the extent available for such products. Any enforcement by you shall be at your expense, and shall in no way render Quench responsible to you for the performance of any such manufacturer warranties. In the event that no manufacturer warranty is available for a particular product, Quench will provide to you a ninety (90)-day limited warranty against product defect, covering parts and any labor required to repair such defective product. Disregard of or non-compliance with any product instructions, as well as mishandling, modification or improper care of the product, will constitute an abnormal use condition and void any applicable warranty.
Quench specifically disclaims any other express or implied standards, guarantees, or warranties, including any warranties of merchantability, fitness for a particular purpose or non-infringement, and any warranties that may be alleged to arise as a result of custom or usage. SOME STATES DO NOT ALLOW LIMITATIONS OF IMPLIED WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
Quench shall not be liable for any direct (except as expressly provided herein), indirect, special, incidental, consequential or punitive damages, arising or alleged to arise out of or in connection with its performance of any obligations or any product sold by Quench, whether such damage results from any negligent act or omission or is related to strict liability or otherwise. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, QUENCH IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. SOME JURISDICTIONS MAY NOT ENFORCE ALL OF THESE LIMITATIONS, AND ONLY THE LIMITATIONS THAT ARE LAWFULLY APPLIED TO YOU IN YOUR JURISDICTION WILL APPLY.
Not for Resale or Export
You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying for your own internal use only, and not for resale or export.
YOU AND QUENCH AGREE THAT THESE TERMS OF SALE, ANY SALES MADE UNDER THESE TERMS OF SALE, AND ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW AND EQUITABLE CLAIMS) BETWEEN YOU AND QUENCH arising from or relating to any sales pursuant to these terms, the interpretation, breach, termination or validity of such terms, the relationships that result from this arrangement, Quench’s advertising, or any related purchase or sale SHALL BE GOVERNED BY THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA, WITHOUT REGARD TO CONFLICTS OF LAW.
Dispute Resolution and Binding Arbitration
YOU AND QUENCH ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND QUENCH, its agents, employees, principals, successors, assigns, affiliates, subsidiaries (collectively “Quench”) arising from or relating in any way to your purchase of a product, these Terms of Sale, the interpretation, breach, termination or validity of such terms, the relationships that result from this arrangement, Quench’s advertising or any related purchase or sale SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. The arbitrator shall have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision including any unconscionability challenge or any other challenge that the arbitration provision is, or the Terms of Sale are, void, voidable or otherwise invalid. The arbitration shall be administered by the American Arbitration Association (AAA) or JAMS (or a substitute forum if both are unavailable). Arbitration proceedings shall be governed by this provision and the applicable procedures of the selected arbitration administrator, including any applicable procedures for consumer-related disputes, in effect at the time the claim is filed. Consumer claimants (individuals whose transaction is intended for personal, family or household use) may elect to pursue their claims in small-claims court rather than arbitration. The arbitration or small-claims court proceeding will be limited solely to the individual dispute or controversy between you (sometimes referred to herein as “customer”) and Quench.
You agree to an arbitration on an individual basis. In any dispute, NEITHER CUSTOMER NOR QUENCH SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).
The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. This transaction shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. Information on AAA or JAMS and their applicable rules are available at the following numbers and URLs: American Arbitration Association, (800) 778-7879, www.adr.org; JAMS, (800) 352-5267, www.jamsadr.com.