Terms And Conditions Of Purchase and Use

Your access and use of the website and your purchase of goods and services through our website is subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the website, and by placing orders through the website, you accept, without limitation or qualification, the Terms and Conditions below.

License and Website Access

We grant you a limited license to access and make personal use of this website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Watermatic LLC. This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Watermatic LLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without the express written consent of Watermatic LLC. Any unauthorized use terminates the permission or license granted by Watermatic LLC.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this website so long as the link does not portray Watermatic LLC., its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Watermatic LLC. logo or other proprietary graphic or trademark as part of the link without our express written permission.

Copyright and Trademarks

All content included on this site, including but not limited to, text, graphics, logos, button icons, images, audio and video clips, digital downloads, data compilations, and software is the property of Watermatic LLC. or its content suppliers and protected by United States and international copyright laws. All software used on this site is the property of Watermatic LLC. or its software suppliers and is protected by United States and international copyright laws.

Marks indicated on our website are registered trademarks of Watermatic LLC. or its affiliates, in the United States and other countries. All other trademarks not owned by Watermatic LLC. or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Watermatic LLC. or its subsidiaries.

Use of the Website

Please review our Privacy Policy, which also governs your visit to our website, to understand our information practices.

If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

If you are under 18, you may use this website only with the involvement of a parent or guardian. Watermatic LLC. and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Watermatic LLC. does not wish to receive any product, marketing, advertising or other ideas that are not covered by issued United States patents or copyrights. If you send any communications or materials to the website by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Watermatic LLC or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Watermatic LLC is free to use, without any compensation to you, any ideas, concepts, know-how, or techniques contained in any communication you send to the website for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information.

You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Watermatic LLC. will fully cooperate with any law enforcement authorities or court order requesting or directing Watermatic LLC. to disclose the identity of anyone posting such materials.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms and Conditions and will not cause injury to any person or entity; and that you will indemnify Watermatic LLC or its affiliates for all claims resulting from content you supply. Watermatic LLC retains the right to cancel all present and bar all future access from you in the event any of your use violated any portion of these Terms and Conditions and pursue all remedies available to Watermatic LLC, to protect itself and any of its affiliates, customers, users, assigns, officers, directors, agents or other related parties, including, without limitation, application for injunctive and restraining relief.

If you do post content or submit material, you grant us and our affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and our affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Watermatic LLC or its affiliates for all claims resulting from content you supply. Watermatic LLC has the right but not the obligation to monitor and edit or remove any activity or content. Watermatic LLC takes no responsibility and assumes no liability for any content posted by you or any third party.

Although Watermatic LLC may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the website, Watermatic LLC is under no obligation to do so and assumes no responsibility or liability arising from the contents of any such communications nor for any error, defamation, libel, obscenity, profanity, or inaccuracy contained in any such communication.

Reviews – You may be able to post reviews on this website. There is a 3,000 word maximum on reviews. The recommended length is 75 to 300 words.

Your comments should focus on your experience and context. The best comments include not only whether you liked or disliked an experience, but also why. Feel free to mention related items and how this submission rates in comparison to them.

Please refrain from including the following in your review:

• Time-sensitive material.

• Commenting on other reviews.

• Profanity, obscenities, or spiteful remarks.

• Single-word reviews. We want to know why you liked or disliked the item.

• Phone numbers, mail addresses, URLs.

• Solicitations for helpful votes.

Comments in violation of these guidelines will not be posted.

All submitted reviews become the licensed property of Watermatic LLC as set forth in our Privacy Notice. Your reviews may be posted on the website. Submissions that do not follow our review guidelines will not be posted.

Disclaimers

Your use of the website is at your risk. Watermatic LLC makes no warranties or representations as to its accuracy and Watermatic LLC specifically disclaims any liability or responsibility for any errors or omissions in the content on the website. Neither Watermatic LLC nor any other party involved in creating, producing, or delivering the website is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, or inability to use or access, the website. Without limiting the foregoing, everything on the website is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

Watermatic LLC assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the website or your downloading of any materials, data, text, images, video, or audio from the website.

Descriptions of Products and Services

The website refers to products and/or services that are generally available for purchase in the continental United States but may not be available in your particular locality. The reference to any such products or services in this website does not imply or warrant that these products or services will be available at any time in your particular locality. You should therefore check with your local Watermatic LLC authorized representative for specific product/service availability in your locality.

We do not warrant that the descriptions or other content of this site are accurate, complete, reliable, current or error-free. Features and specifications of products described or depicted on the website are subject to change at any time without notice.

Orders of Products and Services

Orders for in-stock items that are placed and received before 1:00 p.m. (EST) Monday through Friday, are processed the day the order is placed. Orders received after 1:00 p.m. (EST), will be processed the following business day. Orders may be delayed by increased holiday business, out-of-stock items, or unforeseen difficulties. Watermatic LLC will make every attempt to meet shipping deadlines. Please note that our warehouses do not ship on weekends, nor is Saturday or Sunday delivery available.

Shipping

Shipping Practices - Please note that, in most instances, each cooler will require that two boxes be shipped and each may arrive on a different day. One will come from the West Coast and will contain the cooler. The other box will come from the East Coast and will contain your purification system, the installation kit and other ancillary products that you purchased.

Ship Methods – Watermatic LLC primarily uses, without limitation, UPS or Federal Express Standard Ground Shipping to ship products. Delivery time with this ship method is usually between 3 and 5 business days once the product ships. Expedited Next Day, Second Day, or Three Day shipping is available at your request and cost. If you with to contact us for a quote on just the expedited shipping, please call the office (_________________) or send an email to ____________________ (and include your delivery address). We ask that you give us a call or notate your shipping requirements in the comment section on your order to arrange for the expedited method. We will let you know what the new shipping cost will be for your expedited request before processing the order.

Confirmation Email - You will receive this after placing your order.

Tracking-Number Email - You will receive this after your order ships.

Shipping Charges – Watermatic LLC calculates shipping charges based on current UPS/freight line tables, weight of the product and the final delivery destination. Please note that all shipping charges are for standard ground delivery within the lower 48 United States, unless otherwise noted.

NOTE: WATERMATIC LLC WILL NOT SHIP TO P.O. BOXES, APO'S OR FPO'S UNDER ANY CIRCUMSTANCES.

Product Inspection - We take as many steps as possible to ensure that the product you receive is in perfect working condition. However, occasionally, a product may be damaged in transit. If you receive a damaged product delivered by Federal Express or UPS, please give us a call immediately. If the unit is damaged, we ask that you refuse the shipment or notate the damage on the packing slip and give us a call immediately. If you do sign for a product with concealed damage, you must notify us in writing within 48 hours after receipt and acceptance of the product (excluding holidays and weekends) and it will be replaced with another unit. However, we can get a new unit to you faster if you notice the damage on arrival and refuse the shipment.

When arranging for pick up of a damaged unit, please note the shipping companies operating on our behalf to pick up a product will only make one attempt at pick-up. You must have the product available for pick up at that time.

Order Acceptance - Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Watermatic LLC reserves the right at any time after receipt of your order to accept or decline your order for any reason. Watermatic LLC reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order.

Out-of-Stock Items - If for some unforeseen reason an item is no longer available, or will be backordered for an extended period of time, you will be notified immediately. Items found on this website are generally available to be shipped within 1 to 10 business days. Once shipped, most products will arrive within 3 - 7 business days depending on the destination.

Sales Taxes - Watermatic LLC charges all applicable sales taxes and/or tariffs required by the State of New York and any other applicable state or territory on purchases of goods and services made through the website.

Cancellation Policy - You may cancel your order, for any reason, and receive a full refund provided your order has not been shipped. Please note that a small percentage of orders cannot be stopped from shipping out of our warehouse even though they may not have physically left the premises. In these rare instances, the customer will be responsible for whatever shipping charges are incurred.

Typically, most orders are filled and shipped within 24 to 48 hours from the time they are received. The Watermatic LLC Customer Service desk can inform you of the status of your order and advise you whether or not the order can be cancelled for a full refund. Please contact them during the listed service hours of 8am to 5pm EST Monday through Friday. Please do not email cancellation requests, as we may not receive them due to the imperfect delivery method of email transmissions. Once an item is shipped the terms of our Returns policy will take effect. We reserve the right to charge a restocking fee on any cancelled orders.

Returns Policy:

Regular Returns - Most products may be returned for any reason within the first 14 days after delivery. Returned products must be in new (unused), fully functional, and undamaged condition, and must include the original box, packing materials, manuals, and accessories. All returns must have a return merchandise authorization number (RMA) and will be subject to a 20% restocking fee. SHIPPING AND HANDLING COSTS ARE NOT REFUNDABLE AND THE PURCHASER IS RESPONSIBLE FOR THE COST OF THE RETURN SHIPPING. All returns will be inspected and Watermatic LLC reserves the right to adjust the refund on the return depending upon the condition of the returned product.

We are not able to accept returns of water filters due to health concerns. You may keep the filters and the value of the filters posted on our website will be deducted from the refund.

Please call _________________ prior to returning a Watermatic LLC water cooler to receive a Return Authorization Number and shipping instructions. The water cooler must be returned in the original packaging and intact within 14 days of delivery. Returned water cooler(s) must be shipped within two weeks of issuance of a Return Authorization Number to be eligible for a refund. A refund will be issued within 30 days after the returned water cooler has been received and inspected.

Damaged Shipments - If you are returning the item because it was damaged in transit, we will gladly exchange it or give you a refund for the full amount of the merchandise so long as you contact us within 48 hours of delivery. Damaged products must have the original box, packaging materials, manuals, and accessories. Once we are contacted in accordance with the above procedures, we will have the shipping company return to the delivery location to pick up the damaged product. Please make sure the product is available and ready for the one (1) pick-up attempt in order to avoid delays and possible cancellation of the pick-up. If you do not make the product available for pick-up on this one (1) pick-up attempt, you will be required to ship the product back yourself. Please call us ASAP at _______________ to set up a return for a damaged product.

Defective Products - All defective products will be handled under the terms of the limited warranty as set forth hereinbelow.

Limited Warranty:

Limited Non-Transferrable Warranty – This Limited Warranty is available only for products manufactured by Watermatic LLC. The duration of this limited warranty shall be for one (1) year from the date of the shipping of the product and warrant that the entire product shall be free from defects in material under normal use. This limited warranty is not transferrable. Upon receipt of written notification by Watermatic LLC of an alleged defect or problem with the product, Watermatic LLC shall have the right, in its sole discretion, to:

(i) replace the product with a same or similar model;

(ii) credit you with the amount paid by you for the defective product; or

(iii) repair the portion of the product deemed defective by Watermatic LLC.

To make the determination of how to handle the alleged defect, Watermatic LLC has the right but no obligation to send a service technician to the location of the product upon reasonable notice to you. Failure to provide access to the product for determination of the problem therewith shall void this limited warranty and shall relieve Watermatic LLC from any obligations hereunder.

This limited warranty does not provide for the actual services necessary to install the replacement product and/or parts/portions of the product and the cost of such installation shall be borne by you.

This limited warranty likewise does not provide coverage:

(i) for components that are not factory installed, such as customer-installed accessories not originally sold to you by Watermatic LLC, or for any damage/defect caused to the product by such accessories;

(ii) when the product is not properly installed or operated in accordance with the applicable written instructions; and/or

(iii) for products that have been modified, altered, abused, misused, damaged accidentally or intentionally, subjected to misapplications, corrosive type atmospheres and/or abnormal use.

In no event shall the value of this limited warranty exceed the original purchase price of the product.

Available Extended Warranty – An extended warranty may be purchased by you at the time of purchase of the products. This Extended Warranty shall cover compressors, faucets and component related issues. If purchased at the time of purchase of the products, the Extended Warranty shall cost $49 per year and may be renewed for five (5) consecutive years, at the cost of $49 for each additional year, provided, however, that you renew the Extended Warranty each year at any time prior to thirty (30) days prior to the expiration of the previous year of coverage under the Extended Warranty (“Renewal Window”). The fee must be prepaid to cover the Extended Warranty for the upcoming year. In the event the Extended Warranty is not purchased at the time of purchase or during the Renewal Window, the fee for the Extended Warranty shall be $115 per year. The Extended Warranty may be renewed for a maximum of five (5) consecutive years.

In the event the product is being rented, the Extended Warranty must be purchased by renter. In the event the product is being leased, the Extended Warranty will be included (only at the express request of the lessee) for those leases with terms of 35 months or longer.

The Extended Warranty does not provide coverage:

(i) for components that are not factory installed, such as customer-installed accessories not originally sold to you by Watermatic LLC, or for any damage/defect caused to the product by such accessories;

(ii) when the product is not properly installed or operated in accordance with the applicable written instructions; and/or

(iii) for products that have been modified, altered, abused, misused, damaged accidentally or intentionally, subjected to misapplications, corrosive type atmospheres and/or abnormal use.

Maintenance and Service – Maintenance is not included in the price of the product. You have the obligation and responsibility to diagnose and/or make minor repairs to the product to keep it in working order and hereby expressly acknowledge that each product that comes equipped with a filter requires an annual filter replacement. To facilitate the maintenance of the product, Watermatic LLC shall ship to you a filter appropriate to your product annually prior to the time the change of such filter is required. The cost of the filter and shipping shall be borne by you solely. Upon receipt of the annual filter shipment, you have the right to reject such shipment and return it to Watermatic LLC within five (5) days of receipt at your own cost. If returned, the replacement filter must remain unopened and if it is received in any condition altered from the condition as shipped by Watermatic LLC, even if through no fault of yours, it shall become unusable and no credit shall be issued to you. Your failure, if any, to provide minor repairs and annual filter replacements with appropriate parts and filters shall void any and all warranties for your product and relieve Watermatic LLC from any liability to you under the limited and/or extended warranties.

Miscellaneous:

International Orders - Our standard delivery area is within the contiguous 48 United States. We do not ship to foreign countries nor do we accept credit cards issued by banks in foreign countries. We reserve the right to cancel any order without prior notice that is placed on our website and being shipped outside of the continental United States.

Typographical Errors - In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Watermatic LLC shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Watermatic LLC shall immediately issue a credit to your credit card account in the amount of the incorrect price.

Product Pictures and Information - Watermatic LLC strives to have the most recent and accurate product pictures and information. However, occasional external factors can affect the accuracy of product pictures and information displayed. Watermatic LLC makes all reasonable efforts to verify that product pictures and information are accurate and correct in all regards.

Installation Liability – Watermatic LLC will take no part in the physical installation of the product. Watermatic LLC assumes no liability for damage due to the installation of the unit or for the unintentional violation of any federal, state or local code requirements. Watermatic LLC will, upon written demand, provide you with an installation kit and installation guide. Watermatic LLC may also use its customer service representatives to help the client locate a suitable local plumber to aid with installation and/or schedule an appointment with Sears service on behalf of the client to facilitate installation.

Limitation of Liability – YOU EXPRESSLY ACKNOWLEDGE THAT WATERMATIC LLC DOES NOT MANUFACTURE THE EQUIPMENT PROVIDED TO YOU, IF ANY, AND, UNLESS OTHERWISE SPECIFICALLY SET FORTH IN WRITING BY WATERMATIC LLC, HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH EQUIPMENT, ITS SUITABILITY OR FITNESS FOR ANY PURPOSE OR MERCHANTABILITY. YOU ACCEPT SUCH EQUIPMENT "AS IS." NO DEFECT IN OR UNFITNESS OF SUCH EQUIPMENT, NO LOSS OR DAMAGE THERETO AND NO OTHER CONDITION WHATSOEVER WILL RELIEVE OR SUSPEND YOUR OBLIGATIONS, WHICH ARE ABSOLUTE AND UNCONDITIONAL. TO THE FULL EXTENT PERMITTED BY LAW, WATERMATIC LLC WILL INCUR NO LIABILITY WHATSOEVER TO YOU ARISING OUT OF OR IN CONNECTION WITH ANY DEFECT IN OR CONDITION OF SUCH EQUIPMENT OR ITS USE, OPERATION OR FUNCTION. YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER WATERMATIC LLC NOR ITS AFFILIATES, LICENSOR(S), OR SUPPLIER(S) WILL BE LIABLE UNDER THIS AGREEMENT OR ARISING OUT OF OR IN CONNECTION WITH THE WATERMATIC LLC WEBSITES TO YOU, OR ANY PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY YOU, FOR ANY DIRECT DAMAGES IN EXCESS OF THE AMOUNT YOU ACTUALLY PAID TO WATERMATIC LLC FOR THE PARTICULAR GOOD OR SERVICE YOU PURCHASED AND THAT IS THE SUBJECT OF THE CLAIM, OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST WAGES, LOST SAVINGS, INJURY TO PROPERTY, LOSS OF USE, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES AND OTHER LOSSES AND DAMAGES, EVEN IF WATERMATIC LLC OR ITS AFFILIATES, LICENSOR(S) OR SUPPLIER(S) HAVE BEEN ADVISED, KNEW OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION WILL APPLY REGARDLESS OF WHETHER THE BASIS FOR THE CAUSE OF ACTION IS IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. IN ADDITION, NEITHER WATERMATIC LLC NOR ITS AFFILIATES, LICENSOR(S) OR SUPPLIER(S) WILL BE LIABLE FOR ANY NON-PARTY CLAIM. WATERMATIC LLC, ITS AFFILIATES, LICENSOR(S), AND SUPPLIER(S) HEREBY EXPRESSLY DISCLAIM ALL SUCH DAMAGES, AND YOU HEREBY WAIVE AND RELEASE ALL SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING DISCLAIMER, EXCLUSION AND LIMITATION MAY NOT APPLY TO YOUR JURISDICTION, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY ACCORDING TO JURISDICTION. IN NO EVENT WILL DAMAGES PROVIDED BY LAW APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTAND-ING THEIR EXCLUSION BY CONTRACT.

Payment

Forms of Payment (Purchase) – Watermatic LLC accepts the following major credit cards for outright purchase of its units: Visa, MasterCard, and American Express. We also accept payments via PayPal. There is no surcharge for using your credit card to make purchases. Please be sure to provide your exact billing address and telephone number (this is the address where your credit card company sends your statements). Incorrect information may cause a delay in processing your order. Your credit card will be authorized at the time the order is placed. We reserve the right to cancel any orders without prior notice where the credit card billing address is not located within the United States.

Forms of Payment (Leasing) – In the event you do not wish to and/or are not able to purchase the unit you desire outright, Watermatic LLC may, but has no obligation to, assist you in obtaining financing for said purchase. You may fill out a questionnaire and/or application online at the time of your order and may be redirected to an affiliate and/or an unrelated third party. You may be required to fill out and complete additional forms and/or submit additional financial information throughout your application process for financing. When and if you are approved by this third party for the requisite financing, and Watermatic LLC receives the necessary documents to prove that such financing is approved from such third party, only then will the order be completed. In the event all available third parties decline your application for financing, Watermatic LLC has the right, at its sole discretion, but no obligation to finance your order on its own or through an affiliate. In the event of unavailability of the product(s) originally ordered by you at the time your financing is approved, Watermatic LLC will use best efforts to substitute, in its sole discretion, the products you ordered with comparable products. Such unavailability shall not be cause for you to cancel your purchase and/or breach the financing agreement/arrangement. Watermatic LLC has no obligation to retain the products ordered by you pending the approval of financing and you shall not have any vested rights in such products until and unless your financing is approved, the order is accepted and the products are shipped to you and accepted by you pursuant hereto.

Lessees may purchase the Extended Warranty as defied and upon the terms provided in this document. For leases of 35 months or longer, the Extended Warranty will be included in the lease, provided the lessee expressly requests such coverage. Lessee must provide Watermatic LLC and/or its agents or repair personnel with access to perform the repairs covered by the Extended Warranty. Any repairs covered by the Extended Warranty but not performed by the agents and/or repair personnel of Watermatic LLC at the election of the lessee, may void the Extended Warranty despite any required payments being made appropriately.

You must remain in compliance with all terms and conditions of the financing agreements/arrangements securing your purchase of the products. In the event Watermatic LLC receives notification that you are in default of the financing agreement/arrangements, Watermatic LLC shall have, in addition to all of its contractual and equity rights under the laws of the State of New York and hereunder, the unrestricted right to physically enter your premises and physically repossess and remove the products and you shall not impede such repossession via civil or penal means.

Forms of Payment (Rental) - In the event you do not wish to and/or are not able to purchase the unit you desire outright, and are not approved for financing as set forth hereinabove, Watermatic LLC may, but has no obligation to, rent you the product pursuant to a separate rental agreement to be entered into between you and Watermatic LLC. You may be required to fill out and complete additional forms and/or submit additional financial information throughout your rental application process. Watermatic LLC will verify all information provided by you and you hereby irrevocably grant Watermatic LLC the right to contact any and all necessary parties to secure such verification, as well as contact any credit rating and/or history and/or reporting agencies as may be desired by Watermatic LLC. When and if you are approved for a rental agreement by Watermatic LLC, you remit the required deposit and execute the rental agreement and any ancillary documents required by Watermatic LLC, only then will the order be completed. In the event of unavailability of the product(s) originally ordered by you at the time your rental is approved, Watermatic LLC will use best efforts to substitute, in its sole discretion, the products you ordered with comparable products. Such unavailability shall not be cause for you to cancel your purchase and/or breach the rental agreement. Watermatic LLC has no obligation to retain the products ordered by you pending the approval of rental and you shall not have any vested rights in such products until and unless your rental is approved, the order is accepted and the products are shipped to you and accepted by you pursuant hereto.

Renters are required, as a condition precedent to final approval of the rental relationship, to purchase the Extended Warranty, as defined and on the terms provided in this document. You must provide Watermatic LLC and/or its agents or repair personnel with access to perform the repairs covered by the Extended Warranty. Any repairs covered by the Extended Warranty but not performed by the agents and/or repair personnel of Watermatic LLC at the choice of the renter, may void the Extended Warranty despite payments being made appropriately.

You must remain in compliance with all terms and conditions of the rental agreement securing your use of the product. In the event you become in default of the rental agreement, Watermatic LLC shall have, in addition to all of its contractual and equity rights under the laws of the State of New York and hereunder, the unrestricted right to physically enter your premises and physically repossess and remove the products and you shall not impede such repossession via civil or penal means.

All funds are in US Dollars.

Risk of Loss

You expressly assume risk of all loss or damage to the products ordered and shipped to you and will be responsible for all liability resulting from their use and operation. If you are renting or leasing the products, you will pay upon demand costs to repair or replace any lost, stolen, damaged or destroyed products, as determined by Watermatic LLC. You will, to the full extent permitted by law, indemnify, defend and hold harmless Watermatic LLC, its parent, affiliates, officers, directors, employees and agents from any loss, damage, liability, cost, fine or expense, including reasonable attorneys’ fees, incurred in connection herewith. This provision will survive termination or expiration hereof.

Remedies

When you are deemed to be in default by Watermatic LLC by (a) failing to pay the purchase price, or any amount when due under any leasing agreement/arrangement and/or the rental agreement; (b) failing to perform or violating any other term or condition thereof and failing to cure the same within ten (10) days after the occurrence; or (c) abandoning or abusing the products, Watermatic LLC has the right to exercise any or all of the following cumulative remedies in addition to any other rights or remedies it may have at law or in equity:

(i) terminate this agreement without relieving you of its accrued and continuing obligations;

(ii) if the products are leased through Watermatic LLC, declare immediately due and payable (as liquidated damages and not as penalty) all outstanding charges plus the balance of the lease payments due and/or physically repossess the products leased without notice to you or the obligation to go through legal process;

(iii) if the products are leased through an entity other than Watermatic LLC, notify such entity and/or physically repossess the products leased without notice to you or the obligation to go through legal process; and

(iv) if the products are rented through Watermatic LLC, declare immediately due and payable (as liquidated damages and not as penalty) all outstanding charges plus the balance of the rental payments due and/or physically repossess the products leased without notice to you or the obligation to go through legal process and/or, if Watermatic LLC cannot repossess the rented products, declare the products a total loss and demand you pay to Watermatic LLC the replacement value for the product.

It is expressly understood and agreed by you that Watermatic LLC will not be required to post a bond or other undertaking in a repossession proceeding and that you will pay all of the costs, including reasonable collection and/or attorneys’ fees, incurred by Watermatic LLC as a result of your default hereunder.

Transfer of Rights

If the products are leased or rented, you may not directly or indirectly transfer any of your rights hereunder and will not allow any other person or entity to use the products without Company’s prior written consent and will keep the products free and clear of levies, liens and encumbrances and will promptly notify Watermatic LLC of any third party seizure, levy, lien, or encumbrance regarding the product.

Third Party Websites

Watermatic LLC is not responsible for the content of any site linked to or from the website. Your linking to any other site is entirely at your own risk. While Watermatic LLC may provide links on this website to other sites, the inclusion of such links is for your convenience only and should not be interpreted as an endorsement of the owner/sponsor of the site or the content of the site. Watermatic LLC disclaims all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any materials or information contained on such sites.

Revisions

Watermatic LLC may at any time revise these Terms and Conditions by updating this posting. Since you are bound by these Terms and Conditions, you should therefore periodically visit this website to review the current Terms and Conditions.

Copyright Complaint

If you believe that any material contained on this website infringes your copyright, you should notify us of your copyright infringement claim in accordance with the following procedure. Watermatic LLC. will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this website’s Designated Agent who is:

Attn: Copyright Agent Watermatic LLC.

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. § 512(c)(3)):

1. Physical or electronic signature of a person authorized to act on behalf of the owners of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

6. A statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Applicable Law

These Terms and Conditions are to be governed by and construed in accordance with the laws of the State of New York, United States of America, without reference to its conflicts of law rules.

Arbitration

Any dispute, commenced by you against Watermatic LLC, relating in any way to your visit to a Watermatic LLC website or to products or services you purchase through a Watermatic LLC website shall be submitted by you to confidential arbitration in New York, New York. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. In no event shall the arbitrator be entitled to award either party exemplary, treble or any other form of punitive damages against the other, regardless of the claims raised. Watermatic LLC may seek injunctive or other relief in any state or federal court in the state of New York, and you consent to exclusive jurisdiction and venue in such courts.

Miscellaneous

Severability - If any portion hereof shall be deemed invalid, void, or for any reason unenforceable, that portion shall be deemed severable and shall not affect validity and enforceability of remainder hereof.

Entire Agreement - The terms of this Agreement may be waived or amended only in writing signed by you and Watermatic LLC.

Enforceability After Waiver - Failure or delay in exercising any right will not constitute a waiver. Waiver of any right on one occasion shall not be deemed waiver of such right on all subsequent occasions.