Pre-Order Terms and Conditions
These Pre-Order Terms and Conditions (“Terms”) govern the placing of pre-orders ("Pre-Order") with WATERGEN LTD. (“we”, “ us”, or “WATERGEN LTD.”) for our Air To Water Generators (“AWG”), namely Genny, and any other AWG products, as may be from time to time, as well as other accessories ("Products"). Please read these Terms carefully before submitting your Pre-Order of any WATERGEN LTD. Products. By submitting your Pre-Order, you agree to be legally bound by these terms.
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1. Pre-Order Right Of Reservation
To secure your right to purchase any of the Products in future batches (“Pre-Order”), you will be placing a Pre-Order for WATERGEN LTD. Products, you will be required to provide certain information, such as your email, address and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. WATERGEN LTD. shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update your information at any time prior to your product being shipped by sending an e-mail to pre-ordersupport@watergen.com.
You acknowledge and agree that WATERGEN LTD. may decline or delay reservations to avoid oversubscription or as it deems appropriate, provided that we will make efforts to inform you within two (2) weeks of our receipt of your Pre-Order, and that you will be entitled to a full refund of the Pre Order Down Payment Deposit Amount.
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2. Payment - Pre Order Down Payment Deposit Amount
At the time of placing the Pre-Order you will be charged the Pre Order Down Payment Deposit Amount as indicated on the Pre-Order On Line Form (“Pre Order Down Payment Deposit Amount”). This Pre Order Down Payment Deposit Amount will be deducted from the final Purchase Price of the Products. If WATERGEN LTD. is unable to commence shipping the Products on or before the conclusion of a six (6) months period commencing of your placing the Pre-Order, WATERGEN LTD. shall process a full refund to you of the Pre Order Down Payment Deposit Amount. Your placing of a Pre-Order constitutes your express agreement to WATERGEN LTD. of purchasing, the Product you elected, through WATERGEN LTD. authorized local distributors or directly form the Watergen LTD. or WATER-GEN Inc. (US customers) and effecting full payment for the elected Products. The final Purchase Price of the Product, which may vary from the approximate price on the Pre-Order On Line form, shall be communicated to you prior to the expected delivery of the Product. All shipping and delivery costs and expenses shall be solely incurred by you, for which you shall be exclusively responsible.
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3. Priority
WATERGEN LTD. will manufacture the Products according to the order in which the Pre-Order is received. This position does not imply receiving a particular number associated with your Products. If you cancel or forfeit your reservation in accordance with the terms of this Agreement, your position will be taken by the next person on the Product reservation list. Notwithstanding the foregoing, you acknowledge and agree that we may need to build and use Products for a variety of purposes, such as in-house and third-party testing, evaluation, and display prior to fulfilling Product reservations.
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4. Delivery Schedule
Although we will make efforts to begin delivering Products as soon as reasonably practicable, you understand and agree that there may be delays. An estimated time of delivery (ETD) is only an estimate, is subject to change, and WATERGEN LTD. does not represent or warrant that it will be able to ship the Product by the estimated date. As a result, in the event that a delay arises and the estimated shipment and/or release of the product is not met, WATERGEN LTD. is not responsible for any damages that may occur due to the delay, nor shall it be obligated, except as set forth in these Terms, to provide any discounts, refunds or credits due to any such delays. We will make our best efforts to provide you periodical updates with respect to such delivery schedule. If for any reason you decide that you do not wish to continue to wait for your Product, you may cancel your Pre-Order reservation as provided for in Section 6 below.
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5. Final Purchase Price
The Final Purchase Price of the Products ("Final Purchase Price") does not include taxes and other government charges, which are your responsibility, nor any handling, shipping, or customs duties and charges.
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6. Cancellation
You or WATERGEN LTD. may cancel this Pre Order reservation by terminating the Pre-Order at any time for any or no reason prior to our notice to you that your Product is ready for delivery. If you do so prior to our notice of delivery, you will obtain a refund of the Pre Order Down Payment Deposit Amount without interest and less any wire transfer, third parties payment getaways processing fees and charges. If WATERGEN LTD. cancels your Pre Order reservation you will receive a refund of the Pre Order Down Payment Deposit Amount without interest and less any wire transfer, third parties payment getaways processing fees and charges.
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7. LIMITATION OF LIABILITY
Under no circumstances will watergen ltd. Be held liable for any incidental, special or consequential damages arising out or related to this agreement. In the event watergen ltd. Is held liable for any damages arising out or related to this agreement, your sole and exclusive remedy will be the full refund of your pre order down payment deposit amount.
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8. Terms and Conditions of Sale; Warranty
The purchase of the Products is subject to additional terms and conditions provided by WATERGEN LTD., including in respect of any software included in the Products or intellectual property embodied in the Products or data collected by the Products. The current Terms and Conditions of Sale can be found in the footer of the checkout page and are subject to change without notice. Your purchase of the Product will be subject to these terms and conditions and the refund policy, as well as the Warranty Statement and terms of Service, as may be from time to Time.
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9. Age and Residency
You acknowledge that you are at least 18 years old, are a resident of the Unites States, or the declared country upon you placing the Pre-Order, and will take delivery of your Product in the United States or the declared country upon you placing the Pre-Order.
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10. Customer Information
We will use any information that we may collect about you only in accordance with our privacy policy.
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11. DISCLAIMER.
Watergen ltd. Disclaims any warranties, express or implied, with respect to the product displayed by watergen ltd. Whether before or after you have placed the pre-order. You understand and agree that the product, its design and technical features which are constantly under improvements and upgrades athat may be available for purchase by you may vary in certain attributes from the displayed product. If for any reason you are unhappy with the final version of the product, your sole and exclusive remedy will be to cancel your pre-order as described in section 6 above.