Sales & Delivery Terms & Conditions - Aqua

1. Scope

These Terms apply to all quotations, sales, and deliveries of:
• Pools & Fountains Equipment & Accessories
• Water Treatment Technologies
• Wellness & Spa Solutions
• Synthetic Grass for Sports & Landscaping
Any changes must be agreed in writing by Aqua Middle East FZC.

 

2. Orders & Pricing

  • Orders are binding only after written confirmation.
    • Prices exclude VAT, customs duty, installation, commissioning, and freight unless stated.
    • Quotation validity is specified on the document.

 

3. Payment Terms

  • Payment terms follow the quotation or invoice.
    • Late payments may incur interest.
    • Aqua Middle East retains ownership until full payment is received.

 

4. Retention of Title

Title to the goods remains the property of Aqua Middle East FZC until full payment has been received, including:

  • – the invoice value of the goods
  • – taxes
  • – freight (if applicable)
  • – any outstanding charges, penalties, or interest

Until full payment is made:

  • – The Buyer holds the goods as custodian, not owner
  • – The Buyer may not sell, pledge, transfer, or encumber the goods
  • – Aqua Middle East FZC reserves the right to enter the Buyer’s premises to retrieve the goods in case of default
  • – Risk of loss or damage transfers to the Buyer upon delivery, but ownership does not transfer until full payment is complete

If the Buyer resells the goods before paying in full (common in the Middle East), the Buyer:

  • – Assigns all receivables to Aqua Middle East FZC
  • – Remains fully liable for the outstanding balance

 

5. Delivery & Risk Transfer

  • Delivery dates are estimates only.
    • Risk transfers upon collection or delivery (Ex-Works unless agreed otherwise).
    • Buyer must inspect goods upon delivery and report shortages/damage within 48 hours.
    • Storage and re-delivery charges apply if Buyer delays collection.

 

6. Installation Responsibilities

6.1 When Installed by Buyer or Third Party

Aqua Middle East FZC is not responsible for:
• Incorrect installation or assembly
• Improper site conditions (civil, drainage, electrical, MEP)
• Wrong system integration
Installation must follow manufacturer guidelines and local regulations.

6.2 When Installed by Aqua Middle East FZC

A separate installation or commissioning agreement applies.

 

7. Warranty

  • Warranty covers manufacturing defects only.
    • Warranty periods differ by product category and are defined in the official Warranty Certificate issued with the product.
    • The Sales Terms do not restate warranty details.
    Reference: Aqua Middle East Official Warranty Document (Pools & Fountains, Water Technology, Wellness & SPA, Synthetic Grass).

 

8. Returns & Replacements

  • Returns require written authorization.
    • Buyer pays return shipping unless the product is proven defective.
    • Custom-cut synthetic grass, electrical items, chemicals, and consumables are non-returnable.

 

9. Limitation of Liability

Aqua Middle East FZC is not liable for:
• Indirect or consequential losses (penalties, delays, profits)
• Installation errors unless performed by Aqua Middle East
• Site damage or unsuitable site conditions
Maximum liability is limited to the invoice value of the goods.

 

10. Technical Data

All technical specifications, drawings, and performance values are indicative.
Buyer must ensure products meet project requirements.

 

11. Compliance & Permits

Buyer is responsible for all:
• Site approvals
• Civil works
• MEP preparation
• Drainage
• Chemical handling compliance
• Local authority permits (where required)

 

12. Force Majeure

Aqua Middle East FZC is not responsible for delays or failure caused by events outside its control, including weather, supply chain disruption, political events, acts of nature, or shortages of raw materials.

 

13. Governing Law

These Terms are governed by UAE law.
Disputes will be resolved in UAE courts unless arbitration is mutually agreed.

 

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