Legal

Terms of Sale

Forge Water Co, LLC

The specific equipment, price, customer, and installation date for each order are set out on the invoice that accompanies these Terms. These Terms apply to that order.

These Terms of Sale ("Terms") govern the sale of water treatment equipment by Forge Water Co, LLC, a Georgia limited liability company ("Seller"), to the customer identified on the accompanying invoice ("Customer"). The invoice identifies the specific equipment, the total purchase price, the Customer, the delivery address (the "Property"), and the Customer-provided installation date for the order. Together, the invoice and these Terms form the entire agreement between the Parties for that order (the "Agreement").

1. Acceptance

Customer accepts these Terms by submitting payment for the order. Submitting payment against the accompanying invoice constitutes Customer's agreement to these Terms and to the equipment and price stated on the invoice, and creates a binding contract between Seller and Customer. Customer should read these Terms in full before paying.

2. Nature of the Transaction; No Installation Services

Seller is a retailer of residential water treatment equipment only. This Agreement is exclusively for the sale of the water treatment equipment described on the invoice (the "Equipment"). Seller does not perform, arrange, supervise, schedule, subcontract, or warrant the installation of the Equipment, and no amount paid under this Agreement covers installation labor.

Customer is solely responsible for arranging and paying for installation of the Equipment by a licensed professional of Customer's own choosing, under a separate agreement to which Seller is not a party. Customer acknowledges that Seller has made no representation regarding the identity, qualifications, pricing, or availability of any installer, and that any installer engaged by Customer is not an agent, employee, subcontractor, partner, or representative of Seller.

3. Price and Payment

The total purchase price for the Equipment is the amount stated on the invoice (the "Purchase Price"). The Purchase Price covers the Equipment only and does not include installation, plumbing modifications, permits, or any work performed at the Property. Payment in full is due at the time of order, before the Equipment is shipped. Payment is processed by card through Seller's payment processor (QuickBooks Payments). Seller is under no obligation to order or ship the Equipment until the Purchase Price has been received in full.

4. Price Lock

The Purchase Price stated on the invoice is locked and will not change, provided the Equipment ordered does not change. If Customer requests a different system, additional equipment, or a change in scope, the Purchase Price will be adjusted and a revised invoice will be issued, which the Customer accepts by paying it.

5. Shipping, Delivery, Title, and Risk of Loss

Seller will order and ship the Equipment to the Property or to an address designated by Customer after payment is received in full. Title to and risk of loss of the Equipment pass to Customer upon delivery. Once the Equipment is delivered, Customer is responsible for its safekeeping, storage, and handling prior to and during installation.

6. Cancellation and Refunds

Customer may cancel this Agreement and receive a refund only as set forth below. For purposes of this Section, the "Installation Date" is the date Customer states the Equipment is scheduled to be installed, as recorded on the invoice.

  • Cancellation three (3) or more days before the Installation Date: Customer receives a full refund of the Purchase Price, with no cancellation fee, EXCEPT as provided below for Equipment that has already shipped.
  • Equipment already shipped or delivered at the time of a permitted cancellation: Customer's refund is the Purchase Price less (i) actual outbound shipping costs and (ii) any restocking fee charged to Seller by its supplier. Customer must return the Equipment to Seller, unused and in its original condition and packaging, at Customer's own expense. The refund is issued after the returned Equipment is received and inspected.
  • Cancellation fewer than three (3) days before the Installation Date: the Purchase Price is non-refundable.
  • After installation of the Equipment: the Purchase Price is non-refundable. Customer's sole remedy for any defect after installation is under the Limited Warranty in Section 7.

Non-refundable once installed. Customer acknowledges that installed Equipment cannot be resold and that, except for valid claims under the Limited Warranty, no refund is available once the Equipment has been installed.

7. Limited Equipment Warranty

Seller warrants the Equipment against defects in materials and workmanship, to the original Customer, as follows:

  • Tanks and ceramic control valve: limited lifetime warranty.
  • Control components and filtration media: five (5) years.
  • Reverse osmosis (RO) systems and components: one (1) year.

This warranty covers the Equipment only. It does not cover installation labor, plumbing, or any defect, damage, leak, or loss caused by improper installation, misuse, alteration, lack of maintenance, freezing, water pressure or chemistry outside the Equipment's rated specifications, or work performed by anyone. Any installer engaged by Customer is solely responsible for warranting that installer's own labor. Warranty claims require proof of purchase and may require return of the Equipment or component for inspection.

The warranties above are the only warranties provided by Seller. To the fullest extent permitted by law, Seller disclaims all other warranties, express or implied, including any implied warranty of merchantability or fitness for a particular purpose.

8. Limitation of Liability

To the fullest extent permitted by law, Seller's total liability arising out of or relating to this Agreement or the Equipment shall not exceed the Purchase Price actually paid by Customer. Seller shall not be liable for any indirect, incidental, consequential, or special damages, including water damage, property damage, or loss arising from the installation, use, failure, or malfunction of the Equipment. Because Seller does not install the Equipment, Seller is not liable for any damage or loss arising from installation or from the acts or omissions of any installer.

9. Independent Transaction; Indemnity

Customer acknowledges that the installation of the Equipment is a separate transaction between Customer and Customer's chosen installer, and that Seller has no involvement in or responsibility for that transaction. Customer agrees to indemnify and hold Seller harmless from any claim arising out of the installation of the Equipment or the acts or omissions of any installer engaged by Customer.

10. Customer-Provided Installation Date

The installation date shown on the invoice is provided by Customer and is used solely to determine the cancellation deadline in Section 6. Seller does not schedule, confirm, or guarantee that date and is not responsible if it changes.

11. Governing Law and Venue

This Agreement is governed by the laws of the State of Georgia, without regard to its conflict-of-laws rules. The Parties agree that the exclusive venue for any dispute arising out of or relating to this Agreement shall be the state or superior courts located in Cobb County, Georgia.

12. Entire Agreement

These Terms, together with the accompanying invoice, are the entire agreement between the Parties regarding the sale of the Equipment and supersede all prior discussions, quotes, or representations. They may be amended only in a writing agreed by both Parties or by a revised invoice that Customer accepts by payment. If any provision is held unenforceable, the remaining provisions remain in effect.

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