These Terms of Sale govern all quotations, proposals, sales, deliveries, and services provided by Cape Fear Water Solutions.

By purchasing products or services from Cape Fear Water Solutions, the customer agrees to these Terms of Sale.

 

Quotations and Pricing

All quotations are valid for thirty (30) days unless otherwise stated in writing.

 

Prices are subject to change without notice due to fluctuations in raw material costs, freight charges, manufacturer pricing, tariffs, or other market conditions.

 

Clerical, typographical, and pricing errors are subject to correction at any time.

 

Purchase Orders

Submission of a purchase order constitutes acceptance of these Terms of Sale unless otherwise agreed to in writing.

 

Any terms contained within a customer's purchase order that conflict with these Terms of Sale shall not apply unless expressly accepted by Cape Fear Water Solutions in writing.

 

Payment Terms

Payment terms are subject to credit approval.

 

Unless otherwise specified in writing:

• New customers may be required to prepay.

• Standard account terms are Net 30 days.

• Past due balances may be subject to a finance charge of 1.5% per month (18% annually) or the maximum rate permitted by law.

• Customers are responsible for all costs associated with collection of overdue balances, including attorney fees and court costs.

​

Cape Fear Water Solutions reserves the right to suspend shipments or services for delinquent accounts.

 

Taxes

Prices do not include sales tax, use tax, excise tax, or other governmental fees unless specifically stated.

 

Customers claiming tax-exempt status must provide a valid exemption certificate before invoicing.

 

Shipping and Delivery

Shipping dates are estimates only and are not guaranteed.

 

Cape Fear Water Solutions is not responsible for delays caused by manufacturers, freight carriers, weather events, supply chain disruptions, labor shortages, governmental actions, or other circumstances beyond our reasonable control.

 

Risk of loss transfers to the customer upon delivery to the carrier unless otherwise agreed in writing.

 

Freight Charges

Freight charges may be prepaid and added to the invoice or billed separately.

 

Additional charges for liftgate service, residential delivery, limited access locations, detention time, or re-delivery are the responsibility of the customer.

 

Inspection and Acceptance

Customers shall inspect all products immediately upon delivery.

 

Any claims regarding shortages, damage, or incorrect shipments must be reported within five (5) business days of receipt.

Failure to notify Cape Fear Water Solutions within this period constitutes acceptance of the shipment.

 

Special Orders and Custom Equipment

Special-order products, custom-engineered systems, fabricated equipment, tanks, and custom-built assemblies are non-cancelable and non-returnable once procurement or manufacturing has begun.

 

Lead times provided are estimates and may vary based on manufacturer schedules and material availability.

 

Chemical Products

Customers are responsible for reviewing Safety Data Sheets (SDS), proper storage and handling, regulatory compliance, employee safety training, and determining product suitability for the intended application.

 

Due to varying wastewater conditions and operating environments, treatment performance may vary.

 

Unless specifically stated in writing, Cape Fear Water Solutions does not guarantee specific treatment results, odor reduction percentages, corrosion prevention rates, or regulatory outcomes.

 

Technical Recommendations

Technical recommendations, dosage calculations, treatment programs, and product selection guidance are based on information provided by the customer and conditions observed at the time of evaluation.

 

Actual system performance may vary.

 

Final responsibility for system design, operation, maintenance, and regulatory compliance remains with the customer.

 

Limited Warranty

Products sold by Cape Fear Water Solutions are subject to applicable manufacturer warranties.

 

Chemical products are warranted only to conform to published specifications at the time of shipment.

 

Cape Fear Water Solutions disclaims all other warranties, express or implied, including merchantability and fitness for a particular purpose.

 

Limitation of Liability

Under no circumstances shall Cape Fear Water Solutions be liable for indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to:

• Lost profits

• Lost revenue

• Regulatory penalties

• Environmental claims

• Business interruption

• Equipment downtime

 

Cape Fear Water Solutions' total liability shall not exceed the purchase price of the product or service giving rise to the claim.

 

Force Majeure

Cape Fear Water Solutions shall not be liable for failure or delay in performance caused by circumstances beyond its reasonable control, including natural disasters, labor disputes, supply shortages, transportation disruptions, governmental actions, pandemics, or acts of God.

 

Governing Law

These Terms of Sale shall be governed by and construed under the laws of the State of North Carolina.

 

Entire Agreement

These Terms of Sale, together with any accepted quotation, proposal, invoice, or written agreement, constitute the entire agreement between the parties and supersede all prior discussions or understandings.