Aquarium Maintenance and Installation
Terms and Conditions
1. General:
2. Scope of Services
a. Maintenance – Work Orders providing maintenance (“Maintenance Services”) typically include the following:
- Maintenance service occurring twice per month;
- Water Change:
- Replace 10% of the total water volume (“TWV”) once a week,
- 20% of TWV every second week,
- 35% of TWV once per month;
- Interior Glass Cleaning – Clean interior portion of viewing glass from any normal algae or other growth that otherwise interferes with view of aquarium inhabitants when required;
- Replace or Clean Filter Socks/Filter Pads – For systems which use filter socks or filter pads, Company will clean or replace filter socks or filter pads as may be necessary. Customers without readily visible replacement filter socks or filter pads will be charged for replacement filter socks or filter pads;
- Clean Refractioner/Skimmer – When required;
- Water Testing:
- Testing parameters for saltwater are: Alkalinity, Calcium, Magnesium, pH, Phosphates, Nitrates, Nitrites, Ammonia, and Salinity.
- Testing parameters for freshwater are: General Hardness, Alkalinity, pH, Phosphates, Nitrates, Nitrites, and Ammonia;
- Visual inspection of equipment and livestock;
- Cleaning of Salt Creep will be provided if set forth in the Work Order.
b. Installation – Work Orders providing installation or relocation (“Installation Service”) typically include the following:
ii. Pre-selection of Livestock for the Customer’s aquarium or aquatic environment;
iii. Company may visit the Property prior to installation or relocation to determine the viability of items proposed in the Work Order;
iv. Ordering of Materials as may be necessary to perform such service.
v. Installation of the equipment acquired through Company necessary to complete Customer’s aquarium or aquatic environment;
vi. Treatment of water and Livestock acquired through Company for optimal integration into Customer’s aquarium or aquatic environment; and
vii. Initial setup of equipment acquired through Company necessary to complete Customer’s aquarium or aquatic environment.
c. It is within Company’s sole discretion to begin Installation Services prior to the delivery of all required and desired Materials to the Property.
d. Unless Customer elects Maintenance Services, Company takes no responsibility for the care and maintenance of Materials.
e. Designs, illustrations, drawings and the like whether contained in Company’s specifications or otherwise must be regarded as approximate representations only. Company may change such specifications as may be reasonable based on on-site conditions.
f. Customer shall arrange for the direct the delivery of all Materials to the Property. Customer will incur a delivery fee for any Materials delivered to Company’s retail location which need to be relocated to the Property. The responsibility and storage of such Materials are subject to the terms of this Agreement. Company may direct Customer to arrange for the delivery of such Materials to the Property or offer to deliver the Material to the Property for an additional fee, but Company is under no obligation to engage in the delivery of Materials to the Property. Company may engage a third party to deliver Materials to the Property and in such instance Customer’s sole and absolute remedy for any and all claims arising from such delivery shall be with the shipping company and not with Company.
g. All designs are the sole property of Company
h. Company is not responsible for disposing of trash/rubbish from deliveries made at the Property. For the removal of trash/rubbish for deliveries made to the Property by Third-Party Providers, there will be an additional fee of $100 for basic cleanup, but comprehensive cleaning services are excluded.
i. Any Services not specified in the Work Order or this Agreement are excluded. These exclusions include, but are not limited to, the following: Aquascaping (design and build of rock structure for aquarium); Light schedule modification (dialing in lights for corals); Par meter readings (testing par meter readings to ensure optimum lighting); Decoration cleaning; Sump cleaning; Equipment deep clean; Algae Removal deep clean; Equipment, wire, and plumbing organization; Custom aquarium design; Custom filtration/sump design; Pond and waterfall design and Installation; Exterior garden design and installation; Modifying entrances to allow for access of materials; Clearing space to provide labor or materials; Moving furniture; and Relocating or modifying electrical outlets and plumbing; Replacing broken or malfunctioning equipment, resupplying supplements and foods, or replacing dead Livestock of any kind; and Changes to light schedules.
j. This Agreement is based upon the performance of work during Company’s regular working hours, excluding weekends and national holidays. If the due date for Services falls on a weekend or national holiday, then Company may elect to perform such Services to the following business day. Additional charges may be imposed for work performed outside these hours. All completion dates are estimates. Customer has not relied on any completion date when entering into this Agreement. Company has the sole and absolute discretion in the timing of its performance under this Agreement.
k. Time for Company’s performance of Services is not at essence for Customer
3. Site Condition:
a. The Parties will coordinate a convenient date/time for Company to perform a pre-installation or service inspection of the Property, as may be necessary, and a convenient date/time for Company to provide labor and/or materials at the Property. Company may condition providing services or materials on any factors it deems necessary in its sole and absolute discretion.
b. Prior to any visit by Company, Customer is responsible for: (i) Providing unimpeded access to the Property and location where Company will provide Services; (ii) Verifying and representing the Services comply with any requirements set forth by all associations, landlords, owners, laws and regulations, and government agencies; (iii) Providing adequate parking WITH A CLEAR PATH TO THE AREA WHERE SERVICES ARE BEING PROVIDED for one or more vehicles as may be required by Company; (iv) A clutter free and open workspace around aquarium; (v) Locking or securing all pets during visits; (vi) Ensuring that all equipment is in good working condition; (vii) Providing Company with access to any and all mobile applications/accounts to provide services; (viii) Providing Company with any and all supplements, equipment, supplies, and materials; (ix) Identifying any matters requiring special attention; (x) Ensuring the area where Services are being provided and all services (water/electricity/gas) are in a safe condition for Company and Third-Party Providers; (xi) Providing electricity, water, and other utilities as needed, at the Property, and the surrounding area around the work site at the Property; (xii) Providing adequate area to receive Materials at the Property; and (xiii) Advising Company of the feeding schedule and overall health of Livestock.
c. If Customer does not make the Property available as set forth in this Agreement, then Customer is responsible to deliver to Company a fee of $150.00.
d. Company is not liable for normal wear and tear and any pre-existing conditions, structural issues, or problems that are uncovered in any way related to performance, regardless of whether such conditions are hidden or apparent. Company may stop, delay, or cancel performance under this Agreement, at no fault, if in its sole and absolute discretion it determines any property condition exists which limits its ability to perform under this Agreement.
4. Termination:
a. If Customer is not in default of any terms of the Agreement, including, but not limited to, any payments due, then Customer may terminate Maintenance Services by providing written notice to Company at least thirty (30) days prior to such termination. Unless otherwise stated herein, any prepaid fees for labor or materials may be refunded to Customer in the sole and absolute discretion of Company.
b. Once the Parties agree to a Work Order, Customer is committed to acceptance of the Installation Services and payment, and Customer has no right to return Materials, cancel Installation Services, or terminate this Agreement.
c. The failure of Customer to perform any of its obligations under any agreement between the Parties shall entitle Company, at its sole and absolute discretion, to suspend all labor, shipments, and warranties, and retake possession of all materials until Customer cures said breach and/or Company may terminate this Agreement without notice. The amounts due under this Agreement shall be increased by the amount of Company’s costs in connection with a shut-down delay and start-up.
d. Company may terminate this Agreement by providing written notice to Customer. If Company terminates this Agreement without Customer being in default of any agreement between the Parties, then Company will refund any unapplied deposits for Materials to Customer within sixty (60) days.
5. Payments and Fees:
a. Payment for Maintenance Services is due prior to Company providing such Maintenance Services. Company is deemed to have earned the fee for such Maintenance Services when the fee becomes due. Notwithstanding anything contrary in the Work Order, payment for Installation Services is due upon being invoiced to Customer. If payment is not timely made, then Customer will be in default of this Agreement.
b. Customer hereby authorizes Company to automatically charge the Customer’s credit card(s) on file for any amounts due under this Agreement, Work Order, and any invoices. This authorization applies to any and all credit card accounts that Customer has provided to Company for payment purposes. These charges include, but are not limited to, recurring monthly charges, late fees, and any other applicable fees or charges. Customer agrees to notify Company immediately in the event of any changes to their credit card account(s), including expiration dates, cancellations, or any other modifications that may affect the ability of Company to process payments. Customer further agrees to provide updated credit card information to ensure uninterrupted service. In the event that a charge is declined by Customer’s credit card issuer, Company may, at its discretion, attempt to process the charge again or contact Customer for alternative payment arrangements. Customer acknowledges that additional fees may apply for any declined payments. This authorization shall remain in effect until the termination of this Agreement or until Customer provides written notice of revocation to Company. Such revocation shall not affect Customer’s obligation to pay any outstanding amounts owed to Company.
c. Customer agrees to notify the Company within thirty (30) days of any charge that Customer disputes. Company will review the disputed charge and, if necessary, make any appropriate adjustments to Customer’s account.
d. Customer agrees that if Customer cancels this Agreement prior to the start of Services, and only as may be permitted by this Agreement, Company will return unapplied deposits, less 25% for Company’s fees and costs.
e. Any amounts that remain unpaid when due by Customer after seven (7) days will be subject to interest of the lower of 1.5% per month (annual rate of 18%) or the highest rate allowed by law. Payments received will first be applied to interest on all outstanding amounts, then to fees and costs, then to the oldest outstanding amounts due.
f. If there is an increase in the price of materials charged to Company in excess of 5% subsequent to making this Agreement, then the price set for in this Agreement shall be increased without the need for a written change order or amendment to reflect the price increase. Company will provide written documentation of the price increase within a reasonable time after demand from Customer.
g. Company may adjust fees for Maintenance Services on a monthly basis. Company will give verbal or written notice to Customer of any increase in fees for Maintenance Services at least fifteen (15) days prior to any such increase. Customer may cancel future Maintenance Services by providing Company written notice of such cancelation withing five (5) days of receipt of any notice of increase for fees of Maintenance Services otherwise such increase will be deemed accepted by silence.
h. If Customer is in default of this Agreement, then Company may suspend or terminate any deals or discounts related to any labor or materials provided to Customer under any agreement between the Parties.
6. Warranties:
- THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. THERE ARE NO IMPLIED WARRANTIES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Company makes no representations or warranties regarding the condition, durability, suitability for specific performance, or overall performance of Materials or any related products used in the scope of this Agreement.
- All manufacturer warranties are assigned to Customer. Company shall not be liable for any claims arising from defects in labor and materials supplied by third parties.
- Any warranties and guaranties from Company are for the sole benefit of Customer and are non-transferable.
7. Third Parties:
a. Customer agrees and understands that Company shall be entitled to sub-contract all or part of Services without prior notice to Customer.
b. Company may recommend third-party providers (“Third-Party Providers”) for Customer to engage, but Customer is encouraged to perform Customer’s own due diligence on such Third-Party Provider. Company will have no liability regarding the materials and/or services provided by Third-Party Providers. Customer represents and warrants Customer will not rely on any representations made by Company and its associates, managers, members, employees, or agents regarding the materials and/or services provided by Third-Party Providers. Customer will indemnify and hold Company harmless from any and all claims arising from Third-Party Providers.
c. Any materials purchased by Customer through Company which are delivered in defective or non-working condition will be replaced through the original manufacturer as a warranty replacement. It is Company’s discretion as to whether it will facilitate the replacement or whether Customer will be responsible for completing the replacement.
d. Company is not liable for delays due to Third-Party Providers.
e. This Agreement shall inure to the sole benefit of the Parties and no third-party beneficiaries are intended to be granted any rights under this Agreement.
8. Materials:
a. “Material(s)” under this agreement shall include, but is not limited to, equipment, water, food, Livestock (fish, coral, plants, and any other living organism (“Livestock”)), supplements, chemicals, medicine, lights, pumps, tubing, building materials, and electronics.
b. Materials delivered to Company will be stored free of charge for a period of fifteen (15) days. At the conclusion of this period, at Company’s sole and absolute discretion and without any notice to Customer, Company may arrange for delivery of the Materials to the Property at Customer’s expense, return Materials and refund Customer subject to a twenty-five percent (25%) restocking fee of the purchase price of the Materials, store Materials for a fee of $50 per day, or dispose of Materials at Customer’s expense. Company is not responsible for the death, illness, loss, or damage of any Materials while stored with Company. Customer shall indemnify and hold Company harmless for any and all damages arising from the storage of Materials, including, but not limited to, consequential, resulting, and contributory damages.
c. All Materials shall be furnished in accordance with normal industry standards and tolerances for color, variation, thickness, size, weight, amount, finish, texture, and performance. Company is not responsible for the actual verification of technical specifications of the material manufacturers.
d. Customer is solely responsible for Materials delivered to the Property. Company is not responsible for Materials delivered to the Property, and Customer’s sole recourse shall be against the shipper or manufacturer.
e. Until all amounts due under any agreement with Company, all title to and ownership of the Materials purchased through Company shall remain with Company and shall only vest in Customer after such payment in full or at the discretion of Company.
9. Livestock:
a. Livestock purchased directly from Company shall fall under the Dead on Arrival (“DOA”) Policy. If within 24 hours of being purchased, Livestock exhibits sickness, death, or aggressive behavior towards other tank inhabitants, then Company will replace the Livestock at no charge to Customer or provide Customer with an in-store credit equal to the purchase price of said Livestock as long as all directives of the acclimation/DOA policy are followed.
b. Company may change the DOA Policy from time-to-time. Customer must comply with the DOA Policy in effect at the time the Livestock is delivered to the Property. Customer may request the most up to date DOA Policy from Company. A video of the acclimation process is required to receive replacement Livestock or in-store credit from the time of opening the bags/containers until the Livestock is introduced into Customer’s aquarium/environment.
c. Unless otherwise superseded, Company’s DOA Policy is as follows:
- Livestock must be transported in a dark cool place and that bags are upright and secure. Failure to do so may result in damage to the containers or bags. Livestock must begin the acclimation process as soon as Livestock arrives at its final destination.
- Any newly acquired Livestock must be quarantined from any source for at least two (2) weeks prior to being added to Customer’s aquarium/environment. Each Livestock must be separately quarantined. Customer is responsible for monitoring Livestock for these two (2) weeks for illness, aggression, or abnormal behavior. Company will not have any liability arising from any Livestock which is not quarantined for at least two (2) weeks.
- Coral must be dipped in antiseptic solution prior to being added to Customer’s aquarium/habitat. Coral purchased directly from Company will be dipped in antiseptic solution prior to being added to Customer’s aquarium/habitat. Company will not have any liability arising from any coral which is not dipped in antiseptic solution prior to being added to Customer’s aquarium/environment.
- Customer must follow industry standard procedures for the care and safety of Livestock. This includes, but is not limited to, compliance with lighting requirements, flow requirements, Livestock compatibility, water condition, and dietary restrictions.
- Customer must follow manufacturer instructions for food, treatment, supplements, medicine, antiseptic, and any other materials introduced into the Livestock’s environment and Customer’s aquarium/habitat.
- Any glue or putty used in connection with Customer’s aquarium/habitat must be formulated specifically for aquarium use.
d. Livestock acquired directly from Company may be provided with a supplement to reduce stress during transportation.
e. Livestock carries an average lifespan, any early demise of Livestock before the typical lifespan of the animal in question is not the liability of the Company.
10. Limitation of Liability:
- Company’s total liability to Customer, whether in contract, tort (including gross negligence), warranty, federal or state statute, or otherwise, arising from or relating to the work and services under this Agreement or otherwise, shall not exceed the dollar amount actually received by Company from Customer under this Agreement and in no event will Company be liable for special, consequential, or indirect damages, including the loss of use or loss of profits.
- Customer covenants and agrees to cooperate to permit Company to inspect the Property and Materials, and cure any breached of this Agreement, and that refusal to allow either constitutes a waiver of any right to assert a claim against Company.
- Any express warranty provided by the manufacturer is the sole and exclusive remedy for any alleged defect in lieu of all other remedies, implied or statutory.
- Customer holds harmless and will indemnify Company from all claims brought against Company arising or in any way related to Customer’s actions or inaction, and the failure of any Materials supplied by Company or Third-Party Provider.
- Without limiting anything contained in this Agreement, Customer is solely liable and responsible for all damages, whether actual or consequential, caused by mold and incurred by Customer, Company, or third parties.
- Company takes no responsibility and Customer takes sole responsibility for any damage done to curbs, walkways, driveways, structures, walls, HVAC, utility lines, landscaping, plumbing, those floors not being repaired or improved under this Agreement, appurtenances, persons, or real or personal property at the Property. Company is not responsible for any leaks, water intrusion, or any other water damage.
- Company shall not be responsible for the death or infirmity of any Livestock which is not the direct result of Company’s breach under this Agreement.
- Company takes measures to protect Customer data in accordance with NIST standards, but will not be liable for instances that fall outside of device and private network protection.
- Customer is responsible for the normal maintenance, care, and operations of equipment used for the aquarium/habitat.
- All designs are for illustrative purposes only. Company has not been engaged to verify the technical and engineering aspects of the Installation Services nor the surrounding area of the aquarium or aquatic environment. Any proposed specifications of the aquarium or aquatic environment by Company are estimates and Customer has not relied on the same for any structural or engineering considerations. Customer represents and warrants that Customer has independently verified the feasibility, safety, and design of the aquarium or aquatic environment and all appurtenances and supporting structures are structurally sound and engineered to support the Services. Company takes no fault and Customer will indemnify and hold Company harmless for any and all claims arising from the failure of the Property, appurtenances, or supporting structures to support the intended Services. Company may suspend or terminate Services if, in its sole and absolute discretion, Company determines the Property, any appurtenances, or supporting structures are not structurally sound and engineered to support the intended Services.
- By requesting the relocation of any Materials, Customer represents and warranty Customer has verified the safety and feasibility of such relocation and has not relied on any representation from Company for such relocation. Company takes no responsibility for any consequential damages resulting from such relocation.
11. Claims:
- Company shall not be deemed in default of the Agreement unless Customer has first provided written notice of default immediately upon discovering such default and specifying such default, claim, defect, or deficiency arising out of the Services provided under this Agreement (“Claim”), and Company has been given a reasonable time under the circumstances to cure the default. If Company cures the noticed default, the Agreement shall be deemed in good standing with respect to Company’s obligations and Customer shall have no further claim against Company.
- Customer warrants that Customer shall thoroughly inspect the materials within thirty (30) days of completion of Services. Customer waives any Claim which is not made and could have been discovered within such thirty (30) day period. If a Claim could not have been discovered within such thirty (30) day period, then Customer shall notify Company in writing within three (3) days of the occurrence of any Claim. Failure of Customer to provide timely notice shall result in Customer waving all claims that may be brought against Company arising out of or relating to such Claim, including claims arising in law, equity, contract, warranty (express or implied), tort, or federal or state statutory claims.
12. Insurance:
13. Fees and Costs:
14. Governing Law:
15. Entire Agreement:
- The written terms of the Work Order shall supersede this Agreement. Excluding the written terms of the Work Order, the Parties represent they have not relied on any statements regarding any services provided by Company and the subject matter of this Agreement, and this Agreement represents and supersedes all prior agreements, understandings, and representations, whether written or oral, between the Parties.
- No amendment or modification of this Agreement shall be binding unless in writing and signed by both Parties. The employees, agents, and contractors of Company are not authorized to make oral or written representations in any way relating to Services or Company. No variation of Services shall be effective unless made in writing and signed by an authorized officer or employee of Company; at the request of Customer the Company will verify whether any named individual has the requisite authority.
- All descriptions and other information- contained in sales literature, advertisements and estimates are based on information received from Company’s suppliers and Company is not responsible for any inaccuracies in their content.
16. Waiver of Jury Trial:
THE PARTIES KNOWINGLY, VOLUNTARILY, IRREVOCABLY AND INTENTIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION ARISING OUT OF OR PERTAINING TO THIS AGREEMENT, OR ANY COURSE OF CONDUCT, COURSE OF DEALINGS, STATEMENT (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PERSON OF ANY PERSON OR PARTY RELATED TO THIS AGREEMENT. THIS IRREVOCABLE WAIVER OF THE RIGHT TO A JURY TRIAL BEING A MATERIAL INDUCEMENT FOR THE PARTIES TO ENTER INTO THIS AGREEMENT.
17. Acceptance of Terms:
By engaging Company’s services, Customer acknowledges reading, understanding, and accepting the terms of this Agreement.
18. Interpretation:
19. Severability:
20. Waiver:
21. Force Majeure:
22. Messaging:
23. Images:
Reefs Edge Aquatics
1148 North Federal Highway, Pompano Beach, FL 33062