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Terms and Conditions PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. Copyright The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Rainwater Warehouse. The collective work includes works that are licensed to Rainwater Warehouse. Copyright 2003, Rainwater Warehouse ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Rainwater Warehouse or purchasing Rainwater Warehouse products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Rainwater Warehouse or to purchase Rainwater Warehouse products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Rainwater Warehouse. You further agree not to change or delete any proprietary notices from materials downloaded from the site. Trademarks All trademarks, service marks and trade names of Rainwater Warehouse used in the site are trademarks or registered trademarks of Rainwater Warehouse Limited Warranty
1. The Limited Warranty extends to the original purchaser only and is not transferable by operation of law or otherwise.
2. The Limited Warranty is limited to the repair or replacement of the tank, at the sole discretion of Seller. Seller is not liable for any damage to property or any other associated costs that may occur when repair or replacement of the tank is carried out. Repair work is undertaken at ground level, so tanks that are located on stands must be brought down to ground level before Seller can commence repair work. Note that expenses such as landscaping, plumbing, electrical, costs of lifting equipment and hire of additional labor are at purchaser's expense. Bringing tanks down from stands for repair work is also at the purchaser's expense. 3. The Limited Warranty does not apply to the tank color, which may in time fade or change.
4. The Limited Warranty applies to the one piece polyethylene structure of the tank and does not extend to fittings such as the strainer, outlet, valve, tap, overflow or any other fittings, accessories or ancillary components. Some fittings, accessories and ancillary components are covered under a separate limited warranty program, which is available upon request.
5. The Limited Warranty on water tanks is for the storage of water only, at a water temperature not exceeding 73°F/23°C. The Limited Warranty does not apply to tank damage due to freezing.
6. The Limited Warranty on water tanks is for storage of water on the site only. Transporting water in water tanks voids the Limited Warranty.
7. The Limited Warranty is void and will not be binding upon Seller in the event of damage to unsecured tanks through blowing away, or by abuse, improper installation, unsound base, or unauthorized modifications to the tank. Note that all installation instructions must be followed and in particular the fitting of flexible hoses. 8. Seller must be notified of any defect or fault (using a Seller-approved claim form) within seven (7) days of it occurring. Seller must be given the opportunity to inspect the tank within thirty (30) days of such notification, otherwise the Limited Warranty is void.
9. THIS LIMITED WARRANTY IS THE EXCLUSIVE WARRANTY PROVIDED BY SELLER AND IS IN LIEU OF, AND SELLER DISCLAIMS, ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, (II) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, (III) ANY OTHER OBLIGATIONS OR LIABILITIES WHATSOEVER, WHETHER IN CONTRACT, WARRANTY OR TORT, OR BY STATUTE OR OTHERWISE FOR ANY NONCONFORMANCE, DEFECT, DEFICIENCY, FAILURE, MALFUNCTION OR FAILURE TO PERFORM, (IV) STRICT LIABILITY OR PRODUCT LIABILITY, AND (V) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL AND INCIDENTAL DAMAGES OF ANY NATURE WHATSOEVER. Return / Refund PolicyOrder
Cancellation Policy Return Goods Policy Due to the nature of our business, Rainwater Warehouse needs to maintain a strict return policy. A return will only be accepted up to the duration and parameters of the manufacturer's warranty for exchange or repair if a product is found to have a manufacturing defect. The end user needs to acquire a Return Authorization from the customer service department at Rainwater Warehouse. The defective product then needs to be shipped in its original packaging to the location provided by the customer service department at Rainwater Warehouse. No return shipments will be accepted by Rainwater Warehouse, or by the manufacturer of the defective product, without the original packaging and Return Authorization.
In some cases the sales department at Rainwater Warehouse may arrange an exchange with the manufacturer for an alternative product. Once it is received in satisfactory condition by the manufacturer, the original product will be refunded, minus a restocking fee up to 25%, and the end user will be billed for the replacement product. The original product must be returned in "As New" and “resellable†condition, in the original packaging and with a Return Authorization provided by the customer service department at Rainwater Warehouse.. Any returned item that does not meet all three conditions will still be considered the property of the end user; and will be shipped back to the end user at the end user's expense. No refund will be provided for any product returned that does not meet all three conditions. Additionally, Rainwater Warehouse reserves the right to charge an additional 5% fee on all canceled orders, if the order has already been processed. There are no refunds for digital / downloadable goods. Limitation of Liability Rainwater Warehouse shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Rainwater Warehouse has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. Typographical Errors In the event that a Rainwater Warehouse product is mistakenly listed at an incorrect price, Rainwater Warehouse reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Rainwater Warehouse reserves 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 cancelled, Rainwater Warehouse shall issue a credit to your credit card account in the amount of the incorrect price. Term; Termination These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Rainwater Warehouse without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination. Notice Rainwater Warehouse may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Rainwater Warehouse. Miscellaneous Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Rainwater Warehouse products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Rainwater Warehouse products) must be commenced within one (1) year after the claim or cause of action arises. Rainwater Warehouse's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Rainwater Warehouse may assign its rights and duties under this Agreement to any party at any time without notice to you. Use of Site Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Rainwater Warehouse or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. Participation Disclaimer Rainwater Warehouse does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Rainwater Warehouse is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Rainwater Warehouse reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Rainwater Warehouse in its sole discretion. Indemnification You agree to indemnify, defend, and hold harmless Rainwater Warehouse, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account. Third-Party Links In an attempt to provide increased value to our visitors, Rainwater Warehouse may link to sites operated by third parties. However, even if the third party is affiliated with Rainwater Warehouse, Rainwater Warehouse has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Rainwater Warehouse. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Rainwater Warehouse seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work). |

