Conditions of Sale (alphabetical):
3. ASSOCIATED RISKS OF WATER WELL REHABILITATIONS, MAINTENANCE AND RESTORATIONS
5. DELIVERY TIME
6. EMPTY CONTAINERS – CARBON FOOTPRINT=
7. FREIGHT CARRIERS
9. PRODUCT GAURANTEE
10. PRODUCT STORAGE
11. PRODUCT USE AND DISPOSAL REQUIREMENTS
12. RECEIVING REQUIREMENTS
13. RETURNED GOODS
1. ACCREDIDATIONS – HCT maintains potable water contact accreditations by the National Sanitation Foundation NSF/ANSI Standard 60, of which is accredited by the American National Standards Institute (ANSI) and the Standards Council of Canada. In the agricultural sector HCT maintains registration with the state departments of food and agriculture.
2. ARBRITRATION – All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of Arizona, County of Maricopa, in which parties agree to arbitrate. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by an arbitrator experienced in the nature of the business conducted and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.
3. ASSOCIATED RISKS OF WATER WELL REHABILITATIONS, MAINTENANCE AND RESTORATIONS – There are physical conditions of some water wells that are at risk to cleaning. One of these risks is the casing alloy comprised of any form of wire wrap steel. As the steel ages at perforations, it can be compromised by various forms of corrosion including erosion, general water corrosion and microbiological deterioration. Corrosion may not be visible in a video inspection as it may be underneath deposits of scale or microbiology. Sulfate reducing bacteria (SRB) alone is common in steel cased wells. Also referred to as microbiologically induced corrosion (MIC), SRBs waste corrodes mild steel at the rate of ¼ every 10 years. Corrosion can lead to larger perforations and when cleaned the potential loss of gravel pack. Typically, wire wrap well screens greater than 10 years of age and evidenced of containing significant colonies of SRB are suspect. Additionally, wells that are cleaned with one directional energy products such as jetting, may have less than desirable results as it is believed biomatter is jetted deep into the gravel pack. Bacteria will multiply exponentially and colonize their environment. Removing embedded biomatter from deep within the gravel pack is challenging. Lastly are the flushing requirements which are simply not discernable due to the geology as well as has occurred between the borehole and casing.
4. CORROSION – HCT assumes no liability for leaks or corrosion. HCT products are corrosive however within tolerable ranges to ASTM and NACE Standards when properly used and applied.
5. DELIVERY & DELIVERY TIME – The typical ship time for a new order is 3-5 business days. There is then a delivery time which runs 4 to 7 days. Expediting has been found to be unreliable. Total delivery time is estimated at 7 to 11 business days. Delivery time is not guaranteed unless negotiated, authorized and noted in writing between the parties. Buyer will be notified of the estimated ship date within 24 hours of ordering. Carrier and tracking information will be sent as soon as it is available. Cancellation of orders are subject to real cost incurred plus up to 25% processing expenses. NSF/ANSI Standard 60 Certification opened containers are not returnable.
6. EMPTY CONTAINERS – CARBON FOOTPRINT – We are fortunate we have solutions that make water better. Our containers are all new. Properly flushed, disinfected and tested, the containers may be reused and likewise, are suitable for drinking water as well.
7. FREIGHT CARRIERS – We use the carriers we have negotiated freight rates with and where they provide the most reliable service. For your convenience, we will normally pre-pay and add the freight to your invoice. If you have a freight carrier you prefer for us to use, and or prefer to contract with directly, we are delighted to be accommodating for this. Please don’t blame us when carriers let us down about specific delivery instructions, we are at their mercy.
8. PAYMENTS – Payment terms are net 30 days from the date of the receipt of the goods. Payments received 30 to 45 days from the delivery date are considered on time. Payments received after the 30 days plus the 15 days “grace period”, are considered past due. Past due invoices are charged a carrying fee of 2% per month, and incur a carrying fee of $25 per month.
9. PRODUCT GAURANTEE – The one constant that is NOT a variable in product performance is the chemistry itself in that it will react with the things it is supposed to react with. The variables are the accuracy of the assessment, the application and methods deployed. Take notice that there are many misperceived opinions about chemistry, pH, corrosion, gravity feed, disinfectants, biodispersants, and biocides. A single drop of one chemical can change the entire chemical reactions. If gradient flow is not considered and chemistry not tremied, the chemistry may never reach to problematics areas. When you dissolve scale, corrosion products and microbiology, even without corrosion occurring from acid or a biocide, the substrate itself could already be compromised by bacteria that degrade mild steel at the rate of ¼ inch ever 10 years. In most cases we can predict the cleaning outcome and we can identify the challenges and concerns to avoid surprises.
10. PRODUCT STORAGE – We are dealing with three basic products; Hydrochloric acid (HCl) – very corrosive in water and in the air, also extremely fuming and breath taking. Hydrogen Peroxide (HP) – very corrosive as well – continually dripped on fabric, wood or rust, it could cause a fire. HCT’s Concentrate – relatively inert, similar to vinegar. It is also used to buffer the corrosiveness of the HCl (Pre-blend/Curative) and HP (WaterSolv BC). Please refer to the Safety Data Sheet for guidance.
11. PRODUCT USE AND DISPOSAL REQUIREMENTS – The contractor shall be responsible to service the safety and personal protection equipment required for the overall project including chemistry handling, storage, transfer and both incidental and catastrophic leaks and or exposures. The well and property owner(s) shall work with the contractor and regulatory agencies for the disposal of the chemistry. HCT will maintain an active role in supporting the information on its products relating to these necessities.
12. RECEIVING REQUIREMENTS – Many of these solutions require special protection and equipment when handling. A safety shower and or potable water 9 times the volume of WaterSolv BC, 1 lb. of sodium bicarbonate for each gallon of acid – these volumes in case of a total loss. Face shields are required as are chemical resist clothing and self-contained breathing apparatus if in a non-forced air enclosure. Removal of product from semi-trailers requires a dock and a fork lift or a pallet jack, skids may NOT be pulled out of the trailer.
13. RETURNED GOODS – Because of the potable water, NSF/ANSI Standard 60 Certification and chain of custody requirements, we are not allowed to take back open containers. HCT reserves the right to accept any returned goods. Approved returns are subject to originating and return freight charges, handling and restocking fees from 25 to 50%.
14. SAFETY – We offer multilingual safety guides for the products, their handling and their use. Please be sure your teams have properly trained in the use of these products and that they are trained in the proper use and care of the products and the environment in which they are used. PRICING – HCT maintains pricing parity between dealers and projects. HCT reserves the right discount pricing based on volume however equally between dealers and projects.