These Consumer Purchase Terms and Conditions (the “Terms”) are a legal agreement between you and Niche Webstores, Inc. DBA: NU Aqua Systems, a California corporation (“NU Aqua”, “us” or “we”), and apply to all consumer purchases by you of any model of NU Aqua's Water Filters (“Filter(s)”) and/or related accessories or other products offered by NU (collectively with filters, the “Products”) in the United States only. By purchasing any Products from NU, or by using the Products you thereby agree to these Terms in their entirety. Please read these Terms carefully as they list your obligations and rights and include a requirement that all disputes that you may have under these Terms be taken to arbitration, instead of a jury trial or class action.
These Terms apply to your purchase of the Products and use of the Filters. Other interactions that you have with NU Aqua are subject to other agreements, including the:
- Limited Warranty Terms
- Terms of Use
- Privacy Policy
- Owner’s Manual
A copy of these Terms and all other documents which apply to your purchase of Products are available for you to read on our website.
In all circumstances, NU Aqua's maximum liability is limited to the purchase price of the product(s) sold. NU Aqua is not responsible or financially liable for any water damage, property damage, or personal injury, direct or indirect, that may occur from normal or correct use of the products we sell, catastrophic failure of the products we sell, failure to properly connect the units to water supply lines, and/or failure to understand and observe the proper water pressure ratings and requirements for these units. Use, install and monitor all of our products solely at your own risk. Always check all connections for leaks periodically. NU Aqua is not responsible for any leaks or water damage. In case some states do not allow the exclusion or limitation of incidental or consequential damages, you may choose to return the Products. If you choose to keep it, you insist this exclusion still applies to you.
- In all circumstances, NU Aqua's maximum liability is limited to the purchase price of the Product(s) sold.
-
NU Aqua has no liability toward any plumbing fees or bills nor any or all plumbing work and connecting these units to the water supply is done at your own risk.
- Always check all connections for leaks periodically. NU Aqua is not responsible for any leaks or water damage.
- For all NU Aqua products, the determination of product suitability, application use of the product, and the fitness of a product for a particular purpose is the sole responsibility of the buyer.
Incoming Water
For NU Aqua's Filter products which connect to home water lines, the incoming water pressure must be between 15 PSI and 80 PSI. If your water pressure is above 80 PSI you will need a pressure regulator for your Filter. Test your water pressure occasionally to make sure the Filter is performing. If your water is microbiologically unsafe or of unknown quality do not use this system without adequate disinfection before or after the system. Extremely hot or cold incoming water will damage the system and cannot be used.
Leaks
For added safety, customers can purchase a Leak Stop Valve. For those systems which come included with a Leak Stop Valve, the included Leak Stop Valve must be installed. Inspect all connections after the installation to make sure no leaks occur, wait until after the Filter is pressurized (turned on) to inspect again. Check Filter occasionally after installation or maintenance to make sure no leaks have developed. Install the system in a location with adequate drainage.
General
Filters are for climate controlled indoor use only. Exposure to overly high or low temperature ranges will damage the unit. Follow all of your state and local laws and codes regarding plumbing. If your state law requires it or you prefer to we recommend using a professional licensed installer or plumber who meets the requirements of this system. All fittings, tubing, filter canisters, and teflon tape wear out after a certain period of time.
Maintenance
The owner/user is obligated to properly maintain the Filter when necessary. This includes the following:
- Always use NU Aqua Systems replacement filters in accordance to the filter change schedule
At least every 3 years:
- Replace tubing, fittings, and filter cartridges.
- Replace any connectors and filter housings with proper replacement parts.
- Replace the Teflon Tape on all threaded connections and fittings.
At least every 5 years:
4. Disclaimer of Implied Warranties
To the maximum extend permitted by applicable law, all Products offered by NU Aqua, including by not limited to Filters, are warranted only to the extent expressly stated in the applicable product warranty provided with your Product. Otherwise, the Products are provided "as is", "with all faults" and "as available" and the entire risk of use and performance remains with you. NU Aqua and its affiliates, suppliers and licensors do not make any representations, warranties, or conditions, express, implied, or statutory, and hereby disclaim any implied warranties of merchantability, merchantable quality, fitness for a particular purpose, title, quiet enjoyment, or non-infringement.
In particular, NU Aqua, its affiliates, suppliers and licensors make no warranty:
- (A) That the Products will meet your requirements or be available or provided on an uninterrupted, timely, secure, or error-free basis
- (B) That any information or content obtained through it will be accurate, complete, or reliable; or
- (C) That any defects or errors therein will be corrected.
5. Disclaimer of Certain Damages
To the maximum extent permitted by applicable law, in no event will NU Aqua or any of its affiliates, suppliers, or licensors be liable for any consequential, special, incidental, indirect, or punitive damages; for loss of profits, business, goodwill, anticipated savings, or use; loss or corruption of data, confidential information, or other information; business interruption; personal injury; property damage; loss of privacy; failure to meet any duty of good faith or reasonable care; negligence; and any other pecuniary or other loss whatsoever, arising out of, based on, resulting from, or in any way related to these terms or the products, even if NU Aqua, its affiliates or any supplier, or licensor has been advised of the possibility of such damages.
6. Dispute Resolution and Binding Arbitration
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, AND THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AMERICAN ARBITRATION ASSOCIATION’S COMPREHENSIVE ARBITRATION RULES. YOU AND NU AQUA AGREE TO RESOLVE ANY DISPUTES BETWEEN US EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, WHICH MEANS YOU AND NU AQUA WAIVE ANY RIGHT TO LITIGATE DISPUTES IN A COURT OR BEFORE A JURY, OR AS PART OF A CLASS ACTION, A REPRESENTATIVE ACTION, A CONSOLIDATED ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
- This arbitration requirement applies to any claim or dispute of any kind (whether in contract, tort, or otherwise, whether pre-existing, present, or future, and including statutory, common law, or equitable) between you and NU Aqua, its affiliates, agents, employees, successors, assigns, direct and indirect subsidiaries, and any third party providing any products or services to you in connection with your purchase that relates in any way to your purchase of the Products, these Terms, or NU Aqua's marketing or advertising (“Claims”).
- You still have the right to bring individual Claims in small claims court, to the extent that you qualify.
- Arbitration shall be administered by the American Arbitration Association (AAA), subject to its Consumer Arbitration Rules, available at (800) 778-7879 and www.adr.org
- Discovery shall be permitted in arbitration subject to AAA Consumer Arbitration Rules.
- The arbitrator shall have exclusive authority to resolve any arbitrability issues including any dispute over these Terms or this arbitration provision’s scope, application, meaning, and enforceability. The arbitrator shall be empowered to grant whatever relief would be available in court. Any award of the arbitrator(s) shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
- Claims may not be arbitrated on a class or representative basis. You and NU Aqua agree to arbitration only on an individual basis. Neither you nor NU Aqua may join or consolidate claims of others or participate in any claim as a class representative or a class member. If any portion of this arbitration agreement is found unenforceable, the unenforceable portion shall be severed, and the remaining arbitration terms shall be enforced (but in no event will there be a class arbitration). This paragraph controls over any inconsistent term in any other agreement.
- You and NU Aqua agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
- This arbitration shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA).
6. Changes to Terms
NU Aqua reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms, at any time. It is your responsibility to check this Terms periodically for changes.
Section titles are only for convenience and have no legal or contractual significance. Any list of examples following “including” or “e.g.,” is illustrative and not exhaustive, unless qualified by terms like “only” or “solely.” NU Aqua's failure to act with respect to a breach by you or others does not waive its rights to act with respect to subsequent or similar breaches. A waiver will only be binding on NU Aqua if it is in a written document signed by NU Aqua. If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining terms, covenants and restrictions will remain in full force and effect. You and NU Aqua intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and NU Aqua agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. NU Aqua may assign its rights and delegate its obligations under these Terms, in whole or in part, at any time with or without notice to you, and these Terms will be binding upon and inure to the benefit of NU Aqua's successors and assigns. NU Aqua shall have the right to assign these Terms, at its sole discretion, without notice to you. You may not assign, transfer or sublicense your rights (if any). These Terms (including any incorporated terms) and any Additional Terms constitute the entire agreement between you and NU Aqua with respect to the Site. Both you and NU Aqua warrant to each other that, in entering this agreement, neither NU Aqua nor you have relied on nor will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms (including any incorporated terms) and any Additional Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and NU Aqua, or NU Aqua's successors and assigns, will have any right to enforce these Terms.
We pride ourselves in being nothing but respectful, kind, patient, friendly, and all other pleasant terms that could fit in the mix, and it is critical that those things are returned to our team by customers. We understand that oftentimes when you call/email customer support, it is because something has gone wrong or there is an issue with your purchase (which is the worst!). We also understand that these potential issues cause frustration and sometimes anger; however, we will NOT tolerate rude/vulgar language towards our staff. We will offer a warning if this occurs, after which we do reserve the right to refuse service, terminate your account, issue refunds, void warranties, or cancel orders, each at our sole discretion. If this decision is made it is final and cannot be undone.
Questions regarding policies should be directed to support@nuaquasystems.com, or by sending mail the following physical mailing address:
NU Aqua Systems
735 Challenger Street, Brea, CA 92821
