Sales Terms & Conditions

Following is a brief overview of our sales terms and conditions. Please read the Terms and Policy section for a complete view of our policies. If the following terms are acceptable, please proceed with your order. If you do not accept the terms and conditions listed below, you may decline our services and product offerings.

• Shipping Costs
Shipping costs are stated with each service. If you don't find a cost or the explanation too confusing, please contact us immediately at: admin@coolwatermedia.com.  

•Price Protection.
Our website is updated frequently to ensure that you'll view the latest services, products and pricing available, and that you receive all of the latest savings. At the time you make a purchase you agree to the listed price. We are unable to make a price adjustment after a service is rendered or an order has shipped. However, if you notify Cool Water Media prior to the time of service or shipment of your order, we would be happy to make the price adjustment for you.

•Compatibility
Cool Water Media provides technical specifications listed on our website, so that you can make an educated buying decision. For further information or questions beyond what is listed, please check with the software vendor or manufacturer.  Cool Water Media cannot guarantee compatibility.

• Returns for Refund
Shipping charges are not refundable. All unsatisfactory services rendered by Cool Water Media for refund will be honored up to and at proofing time. Notification for refund must be communicated within this time.

PLEASE READ THIS DOCUMENT CAREFULLY!
THESE TERMS & CONDITIONS BELOW APPLY TO ALL YOUR PURCHASES FROM Cool Water Media . THEY CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING LEGAL LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOU.

By accepting delivery of any product delivered from Cool Water Media  ("Cool Water Media"), you ("Customer") agree to be bound by the terms and conditions listed below. You and Cool Water Media agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and Cool Water Media . Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from Cool Water Media .


1. Cool Water Media  REFUND GUARANTEE - Cool Water Media offers our customers a 30-day satisfaction replacement or refund guarantee on all services, hardware and installation purchases and media services.

However, to take advantage of Cool Water Media 's return guarantee policy, Customer agrees to comply with Cool Water Media's Product Return Procedure a set forth below. Any breach of Cool Water Media's Return Policy Procedure will result in the loss of Cool Water Media 's replacement/return guarantee. Furthermore, all return shipments/refunds not in compliance with these instructions will be rejected.

Product Return Procedure:

• To return a product based upon Cool Water Media 's replacement/return guarantee, you must call or e-mail us and obtain a Return Merchandise Authorization ("RMA") number within the guarantee return period for the product (described above). Cool Water Media will not accept returns without prior authorization and an RMA number. Once issued, RMA numbers are valid for 15 days within which return products must be received by Cool Water Media. RMA numbers will not be extended or reissued. Customer should prominently display the RMA number(s) on the shipping label of boxes containing the returned product.
• Customer is solely responsible for shipping any returned product to Cool Water Media. 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 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, Cool Water Media's Return Procedure will be breached and Cool Water Media will reject the entire return or may choose to impose additional charges against the customer for replacement of the missing component.
• Cool Water Media will not refund to Customer the original shipping charges. In addition, Cool Water Media  will assess a 15% restocking fee against the Customer's account on all non-defective returns for refund.

2. WARRANTIES

Cool Water Media is a service provider and distributor only. Products sold by Cool Water Media are not manufactured by Cool Water Media . The products may, however, be covered by each manufacturer's warranty, service, and support policy (if any). Cool Water Media  assigns and passes through to the Customer any warranty of the manufacturer, and Customer acknowledges that it shall have recourse only under such warranties and only as against the manufacturer of the products. Cool Water Media  MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN THIS DOCUMENT. Cool Water Media  DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.

3. LIMITATION OF LIABILITY

IN ALL CIRCUMSTANCES Cool Water Media'S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS AND SERVICES SOLD. Cool Water Media  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 OR SERVICES IT RENDERS WHICH EXCEEDS THIS LIABILITY LIMIT. Cool Water Media  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 Cool Water Media  IS APPRISED OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES. 5. GENERAL TERMS AND CONDITIONS

Payment Terms; Orders:An order is not binding upon Cool Water Media until it is accepted; Cool Water Media must receive payment before it will fulfill an order. Payment for product(s) and services ordered is due prior to final shipment. Customer can make payment by PayPal, wire transfer, or some other method prearranged with Cool Water Media. Customer agrees to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.

Shipping Charges: Your total cost for purchase of any product will include shipping and handling charges shown on the Cool Water Media  invoice.

Price Protection: Our website is updated frequently to ensure that you'll view the latest products and pricing available, and that you receive all of the latest savings. At the time you make a purchase you agree to the listed price. We are unable to make a price adjustment after an order has shipped. However, if you notify Cool Water Media prior to the shipment of your order, we would be happy to make the price adjustment for you.

Title; Risk of Loss:Cool Water Media  will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) -- excepting software-- and risk of loss passes to the Customer upon delivery to the carrier. Cool Water Media  reserves a purchase money security interest in the product(s) until its receipt of the full amount due. Customer agrees to allow Cool Water Media to sign appropriate documents on Customer's behalf to permit Cool Water Media to protect its purchase money security interest. Title to software will remain with the licensor(s). All software is provided subject to the license agreement of the software maker. Customer agrees to be bound by any software license agreement once the seal on the package is broken. Cool Water Media  will advise Customer of estimated shipping dates, but Cool Water Media will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.

Governing Law and Jurisdiction:
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between Cool Water Media and Customer shall be governed by the laws of the State of Massachusetts, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Cool Water Media and Customer consent to the exclusive jurisdiction and the venue of the State Courts of the State of Massachusetts, Norfolk 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, the Customer also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against Cool Water Media that is more than one year after the date of the applicable invoice.

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 Massachusetts law.

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.

Entire Agreement: These terms and conditions, together with the Cool Water Media 's invoice respecting the services ordered by Customer, are the complete and exclusive agreement between Cool Water Media  and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Cool Water Media and Customer relating to the subject services. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.