Terms & Conditions
PLEASE NOTE THIS AGREEMENT CONCERNS ALL CUSTOMERS AND APPLIES TO ALL MERCHANDISE OFFERED.
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the WaterPumpLiquidators.com website (the “Service”) operated by Water Pump Liquidators (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
1.1 - By accessing this web site, you are agreeing to be bound by this web site's Terms and Conditions of Use. Should you be found in violation of the terms set forth below, Water Pump Liquidators, may terminate you from purchasing merchandise in the future.
1.2 - We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
1.3 - If you wish to terminate your account, you may simply discontinue using the Service.
1.4 - All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
2. Standard Disclaimers
2.1 - If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
2.2 - You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
2.4 - We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
2.5 - We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
3. Product Availability At Time of Purchase
3.1 - Merchandise for sale on website is offered based on solely on estimated availability.
3.2 - Under no circumstance can we guarantee the number of items that will be available at the time of purchase.
3.3 - If Customer uses our Service, and after purchase, it is found that the inventory purchased is not available, customer will be notified. We retain the right to either back order the items until such availability exists again, or cancel the order.
4. Product Errors and Inaccuracies
4.1 - We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mis-priced, described inaccurately, or unavailable at the time of purchase on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
4.2 - We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
5.1 - When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
5.2 - You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
5.3 - You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
5.4 - We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
6.1 - We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
6.2 - If you wish to terminate your account, you may simply discontinue using the Service.
6.3 - All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
7.1 - You agree to defend, indemnify and hold harmless Water Pump Liquidators and its licensee and licensor(s), and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
8. Limitation Of Liability
8.1 - In no event shall Water Pump Liquidators, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
8.2 - In no event shall Water Pump Liquidators, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, injury, or other intangible losses, resulting from the installation of, the improper installation of, the use or misuse of, any product sold on the Service.
9. "AS-IS" and "AS AVAILABLE" - Disclaimer
9.1 - Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
9.2 - We/Us, and its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
10.1 - Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
11. Governing Law
11.1 - These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.
11.2 - Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
12.1 - We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
12.2 - By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
13. Contact Us
13.1 - If you have any questions about these Terms, please contact us.