Aero-Stream Terms and Conditions

For more information, or to seek a refund under this Customer Satisfaction Policy, please contact Aero-Stream® at W300 N7706 Christine Lane, Hartland, Wisconsin, 53029, visit our website at www.aero-stream.com or e-mail us at [email protected] If Buyer is making a refund claim, please provide the reason for seeking the refund.

SHIPPING

All orders will be shipped delivery confirmation signature waived. If you prefer to require a delivery confirmation signature please note this in the “Comments/Special Delivery Instructions” section of the shopping cart check-out page.

 

CUSTOMER SATISFACTION POLICY
 

We are confident that the Aero-stream® process will improve the performance of your septic system. If during the first twelve months you are not satisfied with the improvement in the operation of your septic system you can return the Aero-Stream® product to us for the refund described herein. Within six months of purchase you will receive a full refund of the purchase price. If returned after six months but before twelve months, the refund will be fifty percent of the purchase price. This policy covers models Remediator®, Remediator® Pro Line™ and Remediator® Pro Line Plus™ only. This policy does not apply to Maintainer™, Septic System Saver® models or any other products or accessories. The Septic System Saver® return policy is dictated exclusively by the retailer from which the product was purchased. All other unused products and accessories returned are subject to a twenty-five percent restocking fee and must be returned within fourteen days of purchase. Payment Plan fees are not refundable. To be eligible to receive any refund under this Customer Satisfaction Policy you must contact us by telephone, e-mail or in writing within the time specified above, from the date of your invoice. A Return Material Authorization (RMA) will be issued with instructions. RMA’s for remediation systems as described above issued or inquired about for any reason within ninety days of invoice date are subject to a fourteen percent restocking fee. All products must thereafter be received at our facility within twenty-one days of the return authorization date. Buyer is responsible for all shipping charges including insurance. Upon receipt, any evidence of tampering, damage or misuse of the unit will void this Customer Satisfaction Policy.

PROPER USE

This equipment may be subject to State and or local codes. Check with your State regulatory agency prior to installation. As required, the installer must obtain any and all required State and local permits. The installer must strictly comply with all pertinent State and local requirements. Failure to comply with these requirements is a violation of state and municipal codes.

MANUFACTURER’S LIMITED WARRANTY
DISCLAIMER, DURATION, AND SCOPE OF THE WARRANTY

 

Aero-Stream®, LLC (“Aero”) warrants its products against defective materials or workmanship at the time of shipment for a specific warranty period. Aero offers the following warranty periods for each of its products: 24 months for Remediator® Pro Line™, Remediator® Pro Line Plus™ and Septic System Saver® S3-102 products, 12 months for Remediator® and Septic System Saver® S3-100 and S3-101 products, and 6 months for all refurbished and Maintainer products. To make a valid claim under this warranty, Aero must be notified through writing, e-mail or otherwise of any warranty claim within the applicable warranty period and in the manner described below.All implied warranties including the IMPLIED WARRANTY OF MERCHANTABILITY and the IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE are also LIMITED IN DURATION to the applicable warranty period. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MIGHT NOT APPLY TO YOU. This warranty only covers the original Buyer of Aero’s product. Aero will not be responsible under this warranty for any defect, failure, or malfunction of this product caused by abuse, misuse, unauthorized adjustments or dissembling of this product during the duration of this warranty. AERO MAKES NO OTHER WARRANTY BEYOND THAT CONTAINED IN THIS WRITING.

 

EXCLUSIVE REMEDY AVAILABLE UNDER THIS WARRANTY

 

If after the expiration of the Customer Service Policy, the Aero product fails to operate properly under normal conditions within the remaining warranty period because of a defect in materials or workmanship, Aero will repair or replace this product without cost to you for parts or labor. If repair or replacement of the product is impossible or impracticable, as an alternative, Aero retains the option to reimburse you with the original purchase price of the product within a reasonable amount of time. THE REMEDY DESCRIBED ABOVE SHALL BE YOUR EXCLUSIVE REMEDY FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY. NO OTHER REMEDY FOR BREACH OF THIS WARRANTY, EXPRESS OR IMPLIED (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), SHALL BE AVAILABLE TO YOU. Under no circumstances will Aero be responsible for INCIDENTAL AND/OR CONSEQUENTIAL DAMAGES, lost profits, lost sales, injury to property, or any other loss. These limitations do not apply, however, to damages related to personal injury. SOME STATES DO NOT ALLOW LIMITATION ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITIATIONS MAY NOT APPLY TO YOU. For service, questions or to make a warranty claim, contact Aero at W300 N7706 Christine Lane, Hartland, Wisconsin, 53029, visit our website at www.aero-stream.com or e-mail us at [email protected] If Buyer is making a warranty claim, please provide a description of the nature of the problem. Alternatively, call the following toll-free number to obtain further warranty instructions: 1-877-254-7093.

 

 TERMS AND CONDITIONS

Customer in receiving and retaining any product agrees to the following provisions of the transaction between the parties that are in addition to provisions in document entitled “Invoice”.

  1. REVISIONS/CANCELLATIONS. Written notification of revisions to an order or rejection of an order must be received by Seller 48 hours in advance of scheduled ship date, otherwise the Customer will be held responsible for full payment.
  2. SERVICE AND REPAIR. Products that are out of warranty can be returned for reconditioning for a flat fee plus shipping and handling. Factory reconditioned units are warranted to be free from material defects in material or workmanship for 180 days from shipment.
  3. OPERATION OF PRODUCT. Customer shall be responsible for the operation of the Product(s). Customer shall operate the Product(s) in a reasonably competent manner with trained and competent personnel, and in compliance with all manuals or instructions.  Customer shall comply with any and all applicable rules, laws and regulations in connection with the operation of the Product(s). Damage caused by abuse or improper installation
  4. LIMITATION AND DISCLAIMER OF LIABILITY. To the fullest extent permitted by law, Customer waives and relinquishes any claims, demands, and causes of action or recoveries for indirect, incidental, consequential, business interruption or damage to business reputation, punitive and exemplary damages, or statutory damages against Seller. Notwithstanding the terms of any limited warranty, and/or in the event any limited warranty provided to Customer fails of its essential purpose, in no event will Seller’s entire liability to Customer (in tort, contract, for intellectual property infringement, or otherwise) exceed the purchase price actually paid by Customer for the Products  and/or services subject to the contract or agreement in dispute, or any defective or nonconforming portion thereof, whichever is the lesser amount.
  5. SELLER’S PROPERTY RIGHTS. Nothing in the document relating to this transaction shall be construed as affecting the ownership of Seller’s intellectual property rights in existence prior to or generated after the shipment of the Product(s). All rights to intellectual property in the Products shall remain the property of the Seller.  The Customer hereby undertakes to preserve the confidentiality of any such existing or future intellectual property whether in tangible or visible form or whether communicated orally.  Customer shall not replicate any of Seller’s processes, specifications or installation procedures relating to any Products and Customer hereby undertakes to preserve the confidentiality of any such process, specifications or installation procedures.  Customer specifically recognizes the great value to the Seller of its intellectual property rights.  Further, and accordingly, Customer recognizes that violation of these rights will cause Seller irreparable damages, and accordingly, Seller shall be entitled to preliminary and permanent injunctive relief, with Customer specifically waiving its right to bond and trial by jury.
  6. INDEMNIFICATION. To the fullest extent permitted by law, Customer shall defend, indemnify and hold Seller harmless from any and all claims, demands, subrogation claims by Customer’s insurers, causes of action, controversy, liabilities, fines, regulatory actions, seizures of Product, losses, costs, expenses (including, but not limited to attorneys’ fees, expert witness expenses and litigation expenses) (hereinafter “Claim”), in connection with any Claim asserted against Seller for any damage, environmental liability, patent or intellectual property infringement caused by Customer’s unintended use, modification or alteration of the Products, injury, death, loss, property damage, delay or failure in delivery of Seller’s Products or any other Claim, whether in tort, contract, or otherwise, relating to the business relationship between the parties, the Products or services provided hereunder, or Customer’s breach of the Terms and Conditions of Sale.

 

STATE LAWS AND THIS WARRANTY

 

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

To the extent that state law renders any provision in this warranty inoperative, state law shall apply and that clause shall be severed from the warranty; this severance, however, does not render the entire warranty inoperative.