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Policies

Buckeye Hydro

Policy and Agreement

The following Terms and Conditions (“Terms and Conditions”) apply to all sales by Buckeye Hydro (“BH”) to the buyer ("You" or "Customer"). In no event shall any conflicting or additional terms set forth in Customer's purchase order (or any other document provided by Customer) apply to BH’s sale of Products to Customer.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE PURCHASING ANY PRODUCTS FROM BH OR MAKING ANY USE OF BH’s WEBSITE AT WWW.BUCKEYEHYDRO.COM (THE “BH WEBSITE” or "SITE"). BY PURCHASING ANY PRODUCTS FROM BH, OR BY USING THE SITE, CUSTOMER HEREBY AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS. IF CUSTOMER DOES NOT AGREE WITH THEM, THEN CUSTOMER MUST NOT PURCHASE ANY PRODUCTS FROM BH, IMMEDIATELY RETURN ANY PRODUCTS THAT CUSTOMER MAY HAVE ORDERED, AND PLEASE CEASE ALL USE OF THE SITE.

TERMS OF USE

  1. Acceptance of Terms. By accessing, browsing and/or using the Site, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not use the Site. The material provided on the Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. The Site is controlled and operated by BH from its offices within the United States. BH makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
  2. Use Restriction. The copyright in all material provided on this Site is held by BH or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of BH or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without BH's permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
  3. Terms of Use Revisions. BH may at any time revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.

PURCHASE TERMS AND CONDITIONS

BH reserves the right, at its discretion, to change these Terms and Conditions at any time. Any such changes will be effective twenty (20) days after they are first posted to the BH Website. Please check these terms for changes. Your continued use of the Site following the posting of changes to these terms means you will accept those changes.

  1. Product Listings.  BH sells individual components that are not manufactured by BH, and systems that consist of multiple individual components assembled by BH (collectively referred to herein as “Products”). Price, specifications and terms of offers for the Products are subject to change without notice. BH is not responsible for typographical and/or photographical errors. In the event a Product listed on our website is labeled with an incorrect price due to some typographical, informational, technical or other error, BH shall at its sole discretion have the right to refuse and/or cancel any order for said Product and immediately amend, correct and/or remove the inaccurate information.
  2. Product Testing.  Individual components, whether sold separately or as part of a system, are sold in the condition they were received from the original manufacturer/distributor. BH conducts limited testing prior to shipment but does not test individual components that are not incorporated into systems.
  3. Orders. An order is not binding upon BH until it is accepted; BH must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment.
    BH accepts payment in US Dollars via Visa, Mastercard, or Discover. At our discretion, and in certain circumstances, we may also accept pre-paid company check, personal check, cashier's check, money order, or via wire transfer (Note: Pre-paid methods, including cashier's checks, take slightly longer to process because all payments must first clear with the bank due to the risk of fraudulent checks.). You agree to reimburse BH for all costs and fees including, but not limited to attorneys’ fees and repossession fees, incurred by BH in collecting any sums you owe BH. You agree to pay a late payment charge of 2% per month, or the maximum amount allowable by law, on all amounts not paid in full when due, payable on BH’s demand.
  4. Shipping. Shipping and handling are additional unless otherwise expressly indicated at the time of sale. BH will ship anywhere in the U.S., Canada and, at its discretion and under specific terms, to other international destinations. We reserve the right to refuse shipment to various locations at our sole discretion. Orders shipped to locations outside the continental U.S. may be subject to export laws and regulations of the United States of America and are likely to require additional charges beyond those charged during your check out process.
    Shipping and delivery dates are not guaranteed. Orders can be delayed because of payment, billing, or shipping verification in order to prevent fraudulent credit card transactions. Tracking numbers will automatically be sent to the Customer when a shipping label has been produced. Shipping charges are non-refundable.
  5. Order Changing or Canceling Policies. All changes must occur before the order is charged to your account and all cancellations must occur before the order is shipped. Please call 513-312-2343 during BH 's hours of operation to request a change to your order or an order cancellation. Please have your sales order/receipt ready for better assistance. We discourage sending change order or cancellation requests via email because we may not receive the message in time to make an adjustment due to the number of emails we receive each day.
  6. Returns. BH will not accept delivery of any merchandise returned to BH without prior authorization and a pre-assigned return merchandise authorization (RMA) number. Unauthorized returns will be refused and returned to sender. Authorized returns may be shipped to Buckeye Hydro, Attn: Returns, 8190A Beechmont Ave., Suite 262, Cincinnati, OH  45255.  Customer agrees to use only reputable carriers capable of providing proof of delivery and insurance for the entire value of the shipment. Customer agrees to bear all shipping and insurance charges and all risk of loss for the return product during shipment. Customer agrees that all returned products will be 100% complete, in re-saleable condition, and will include the original packaging material, manuals, blank warranty cards, and other accessories provided by the manufacturer. If any component of the returned product is missing, BH 's Return Procedure will be breached and BH may in its sole and absolute discretion reject the entire return or choose to impose additional charges against the customer for replacement of the missing component(s).
  7. Refunds. Subject to the exceptions and fees below, Customer may return Products for its convenience for a refund less restocking fee within 14 days of the ship date. All components are subject to a 5% restocking fee. All Systems are subject to a restocking fee of 15%. Shipping charges are non-refundable. Except in the event of a shipping error, Customers are responsible for the cost of shipping items back to BH. The following Products are non-refundable:
    • Products that have been defaced, modified, or physically damaged
    • Products that have become non-functional due to user error
    • Products that have the warranty label/mark removed or altered by Customer
    • Products returned without original retail packaging, or accessories (e.g., manuals, tubing, fittings)
    • Special Orders and Volume Orders.

Note: Due to the cost of administering returns, all non-U.S. sales are final and not subject to the return rights set forth in this section.

  1. Installation. Instructions/manuals for many of our products are made available in hardcopy form at the time of purchase, or in some cases, may be downloaded from this website. The purchaser bears full responsibility to install and use information, advice, and merchandise provided by, or purchased from BH, in full compliance with all applicable local, state, and federal plumbing codes and health department requirements. You agree that BH’s instructions are generic in nature and do not necessarily address specific conditions that may exist where BH’s products are installed or used.

GENERAL TERMS AND CONDITIONS

BH reserves the right, at its discretion, to change these Terms and Conditions at any time. Any such changes will be effective twenty (20) days after they are first posted to the BH Website. Please check these terms for changes. Your continued use of the BH Website following the posting of changes to these terms means you will accept those changes.

  1. Other Documents.       This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both you and BH.
  2. Risk of Loss. Loss or damage that occurs during shipping by a carrier selected by BH is BH's responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. Claims that the Product did not arrive must be made within 14 days after "item shipped" notification. Claims that the Product was damaged upon arrival, missing, shortage, or incorrect product claims, at the fault of BH or shipping company, must be made within 14 days of shipment, or within 5 days of package delivery, whichever comes first.
    If Customer receives a damaged Product, please refuse the shipment upon original delivery attempt. If damaged products are accepted from the carrier, the problem should be noted on the carrier delivery record. Please save the product and the original box and packaging and notify BH immediately. Timely receipt of this information is necessary for BH to arrange a carrier inspection and pick up of damaged Product.
  3. Taxes. Unless you provide BH with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship-to location, you are responsible for sales and other taxes associated with the order. Sales tax is required for orders shipping into states where we have or may have nexus for state tax purposes under applicable laws; therefore all orders shipping into Ohio will be charged applicable sales tax.
  4. Warranties. Most products purchased from BH come with a 1 year limited warranty against defective materials and workmanship. This warranty covers, and is limited to, repair and/or replacement of defective merchandise at our discretion, and shipping replacement or repaired parts from BH to you.
    This limited warranty does not apply to failure of the product resulting from misuse, abuse, accident, neglect, mishandling, installation not in accordance with professional standards, wear from ordinary use, or lack of regular maintenance. Your purchase constitutes your agreement that 1) you understand components made from plastic and other materials used in pressurized water systems are subject to leaks, and 2) you bear full responsibility to frequently inspect products, and 3) products purchased from this website should be installed in such a way that leaks, caused by merchandise defects, material fatigue, merchandise use or misuse, or your installation; will not cause damage nor go un-noticed by you.  
    EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH ABOVE, ALL PRODUCTS ARE PROVIDED STRICTLY "AS IS," WITHOUT ANY WARRANTY. ALL OTHER EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AGAINST INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. Additional warranties may be available from component manufacturers as specified in the product description.
  5. Limitation of Liability. IN ALL CIRCUMSTANCES BH'S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. BH SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. BH SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT BH HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
  6. Indemnification. Customer assumes all responsibility and liability for injury or damages resulting from its handling, possession, use or sale of Products supplied hereunder, including, but not limited to any injury or damage resulting from the use of Products in combination with other products, and agrees to hold harmless, defend and indemnify BH, its contractors and subcontractors, from and against all claims, losses, liabilities and expenses (including attorney's fees and other litigation or settlement costs) arising out of such handling, possession, use or sale. The foregoing duty of Customer to hold harmless, defend and indemnify BH shall not apply to the extent such claim, loss, liability or expense results from the willful misconduct or gross negligence of BH.
  7. Governing Law and Jurisdiction. Any dispute arising out of or related to these Terms and Conditions or the sales transaction between BH and Customer shall be governed by the laws of the State of Ohio, without regard to its conflicts of law rules. BH and Customer consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of Ohio, Hamilton County, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against BH that is more than one year after the date of the applicable invoice/sale.
  8. Severability. If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Ohio law.
  9. Waiver. The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
  10. Force Majeure.  BH is not responsible for delay in delivery or failure to fill orders or other default or damage where such has been caused by an act of God, war, major disaster, terrorism, third-party criminal acts, insurrection, riot, flood, earthquake, fire, strike, lockout or other labor disturbance, delay by carriers, shortage of fuel, power, materials or supplies, operation of statutes, laws, rules or rulings of any court or government, demand for goods exceeding BH’s available supply or any other cause beyond BH’s control. In the event of any delay in delivery, failure to fill orders or other default or damage caused by any of the foregoing, BH may, at its option and without liability, prorate its deliveries, cancel all or any portion of the Agreement and/or extend any date upon which performance is due hereunder.
  11. Notices. Any notice, communication or statement required or permitted to be given hereunder shall be in writing and deemed to have been sufficiently given when delivered in person, by registered or certified mail, postage prepaid, return receipt requested, or by reputable overnight carrier. Notices to BH shall be directed to Buckeye Hydro, 8190A Beechmont Ave., Suite 262, Cincinnati, OH 45255 and notices to Customer shall be directed to the address listed in the Customer order to which these Terms and Conditions apply, or to such other address or addresses as either party may hereafter designate in writing.
  12. Entire Agreement. These terms and conditions, together with BH 's invoice regarding the products ordered by Customer, are the complete and exclusive agreement between BH and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between BH and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.

PRIVACY POLICY

  1. Information Collection and Use. BH is the sole owner of information collected on this site. We will not sell, share, or rent this information to any outside parties, except as outlined in this policy. We collect information from our customers to process orders and and/or to contact you to clarify any issues with your order. Information collected includes your name, shipping address, billing address, telephone numbers, e-mail address, and payment information such as your credit card number.
  2. Order. During the order process, you will have to provide financial information such as your credit card number, expiration date, money order, or check information. This information is used for billing purposes and to fulfill your order. If we have trouble processing an order, we will use this information to contact you. To properly process your credit card information, we must share your personal and financial information with the merchant bank for authorization and approval.
  3. Sharing. We may employ third party companies to perform functions on our behalf. These functions may include package delivery, postal and e-mail delivery, and credit processing. The third parties we contract for these purposes have limited access to your personal information and may not use it for other purposes.
    We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Website.
  4. Links. This website contains links to other sites. Please be aware that BH is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies only to information collected by this website.
  5. Security. BH takes precautions to protect its customers' information. When you submit sensitive information via the website, your information is protected both online and offline. When our order form asks you to enter sensitive information (such as your credit card number), that information is encrypted and is protected using 128 Bit SSL Encryption to protect your personal data. Access to all of our users' information is restricted. BH operates in a secured and locked facility with limited access to unauthorized personnel. Access to the database is also strictly monitored and protected from outside access. Internet access is restricted and protected by multiple firewalls and password protection. The servers on which we store personally identifiable information are kept in a secured environment. Only personnel with proper security clearance have access to these restricted areas.
  6. Notification of Changes. If we decide to change our Privacy Policy, we will post those changes to this privacy statement, the homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.
  7. Last Update.  The Privacy Policy contained herein became effective April 15, 2013.

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Shipping

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