3R Green Building Solutions, LLC

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Paloma WaiWela 4.0 gal Mini Tankless Hot Water Heater
~~$159.00~~ $149.99
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Terms and Conditions Agreement

	3R Green Building Solutions 
 Terms and Conditions of Sale: 

	*By using our site and making purchases, you are agreeing to these terms and conditions of sale as well as the term and conditions of use. 

	  

	IMPORTANT.  THESE TERMS AND CONDITIONS OF SALE (THE “TERMS AND CONDITIONS”) GOVERN YOUR PURCHASE OF ANY PRODUCTS (“PRODUCTS”) FROM THIS WEBSITE (“SITE”), WHICH IS OWNED AND OPERATED BY 3R GREEN BUILDING SOLUTIONS LLC, A COLORADO LIMITED LIABILITY COMPANY.  PLEASE READ THESE TERMS AND CONDITIONS IN THEIR ENTIRETY BEFORE YOU PROCEED WITH A PURCHASE ORDER (“ORDER”).  BY PURCHASING PRODUCTS FROM THIS SITE, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTAND, AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY AND ACCEPT THESE TERMS AND CONDITIONS. 3R GREEN BUILDING SOLUTIONS LLC, ITS SUBSIDIARIES, MEMBERS, BUSINESS AFFILIATES, AND SUPPLIERS (“WE”, “US”, OR “OUR”) MAKE THE PRODUCTS AVAILABLE FOR PURCHASE BY YOU, CONDITIONED UPON YOUR ACCEPTANCE, WITHOUT LIMITATION OR QUALIFICATION, OF THESE TERMS AND CONDITIONS.  IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT PROCEED WITH AN ORDER FOR ANY PRODUCTS. 

	  

	1.  TERMS.  These Terms and Conditions apply to any and all Orders for Products available for purchase from 3R Green Building Solutions LLC on this Site. These Terms and Conditions are the only terms that 3R Green Building Solutions LLC will accept.  Any differing or additional terms printed or otherwise proposed or contained in an Order shall have no force or effect.  You (the “Customer”) agree that such differing or additional terms or alterations shall not constitute any part of the agreement between 3R Green Building Solutions LLC and Customer.  Furthermore, unless otherwise agreed to in writing signed by an authorized representative of 3R Green Building Solutions LLC, any such differing or additional terms or alterations to an Order are deemed by 3R Green Building Solutions LLC to be “material” alterations and 3R Green Building Solutions LLC hereby objects to such alterations. 

	  

	2.  PRICES.  All prices posted on this Site are based on U.S. dollars and are subject to change by 3R Green Building Solutions LLC at any time without notice. 3R Green Building Solutions LLC attempts to be as accurate as possible on its Site; however, to the extent permitted by applicable law, 3R Green Building Solutions LLC does not warrant that the prices posted on this Site are accurate, current or error free.  Posted prices do not include any applicable taxes or shipping charges.  Your total payment due includes the price of the Product (on the day of shipping) plus any applicable taxes and shipping and handling charges. 

	  

	3.  TAXES.  You are responsible for any sale, use, or manufacturer’s tax which may be imposed upon the sale or use of the Products and shall be in addition to the posted prices.  The amount of tax charged, if any, depends upon many factors, including, but not limited to, the destination of the shipment. 

	  

	4.  PAYMENT.  Terms of payment are within 3R Green Building Solutions LLC’s sole discretion, and unless otherwise agreed by 3R Green Building Solutions LLC, payment must be received by 3R Green Building Solutions LLC prior to 3R Green Building Solutions LLC’s shipment of any Products.  Payment for Products must be made in advance by credit card to our credit card servicing agent, Authorize.net.  
 Authorize.net accepts Visa®, MasterCard®, Discover®, and American Express®.  

	  

	5.  CANCELLATION.  3R Green Building Solutions LLC reserves the right to, with or without notice, cancel, reduce, or limit the quantity of any Orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.  Notwithstanding any provision in these Terms and Conditions, 3R Green Building Solutions LLC reserves the right to refuse any Order, for any reason and at any time.  3R Green Building Solutions LLC shall have no liability for any discontinuation of Products or cancellation of any Orders.   

	  

	6.  SHIPPING AND HANDLING.  3R Green Building Solutions LLC uses a variety of carriers for shipping and may use air or ground shipping as necessary.  The type of carrier and the amount of shipping charges for your Order of Product(s) will depend upon the shipping option you choose and will be separately itemized on all invoices.  When you place an Order, we will estimate a delivery date for you based upon the availability of the Products and the shipping option you have chosen.  Delivery dates are estimates only and cannot be guaranteed.  We are not liable for any delays in shipments. 

	  

	7.  INVOICE.  All invoices shall describe the Product ordered and the payment amount due, including any shipping charges and any applicable taxes. 

	  

	8.  FORCE MAJEURE.  3R Green Building Solutions LLC will make every effort to complete shipment but shall not be liable for any loss or damage for delay in delivery due to causes beyond its reasonable control, including but not limited to, acts of government or compliance with any government rules or regulations.  Should such delay occur, 3R Green Building Solutions LLC may reasonably extend delivery, or at its option, cancel the order in whole or in part without liability other than to return any prepayment. 

	  

	9.  RETURN POLICY.  Customer may return, at your expense, a new, unopened Product sold by 3R Green Building Solutions LLC within thirty (30) days of delivery for a full refund.  

	  

	10. WARRANTY DISCLAIMER.   3R GREEN BUILDING SOLUTIONS LLC SHALL, TO THE EXTENT PERMITTED, PASS THROUGH TO CUSTOMER SUCH WARRANTIES AS ARE PROVIDED, IF ANY, BY THE MANUFACTURER FOR EACH PRODUCT PURCHASED BY CUSTOMER PURSUANT TO THIS AGREEMENT.  NOTWITHSTANDING THE FOREGOING, 3R GREEN BUILDING SOLUTIONS LLC HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.     

	  

	11.  EXCLUSIVE REMEDY. EXCEPT AS PROVIDED HEREIN, YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO THIS AGREEMENT OR THE PRODUCT(S) SHALL BE THE REMEDY, IF ANY, PROVIDED BY THE MANUFACTURER OF SUCH PRODUCT(S) TO YOU.  

	  

	12.  LIMITATION OF DAMAGES.  IN NO EVENT SHALL 3R GREEN BUILDING SOLUTIONS LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO YOUR ORDER OR ANY BREACH OR DEFAULT OF ANY TERMS OR CONDITIONS EVEN IF 3R GREEN BUILDING SOLUTIONS LLC HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. 

	  

	13.  LIMITATION OF LIABILITY.  IF, NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, 3R GREEN BUILDING SOLUTIONS LLC IS FOUND TO BE LIABLE TO CUSTOMER FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH THESE TERMS AND CONDITIONS, OR WITH RESPECT TO ANY CLAIM ARISING HEREFROM OR RELATED HERETO, IN NO EVENT SHALL 3R GREEN BUILDING SOLUTIONS LLC BE LIABLE FOR DAMAGES IN EXCESS OF THE AMOUNTS PAID FOR THE PRODUCTS OR SERVICES GIVING RISE TO THE LIABILITY.  CUSTOMER ACKNOWLEDGES THAT THE PRICES POSTED ON THE SITE ARE CONSIDERATION FOR THE STATED LIMITS OF LIABILITY HEREIN.  NO PARTY MAY BRING AN ACTION, REGARDLESS OF FORM, ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS (OTHER THAN TO RECOVER FEES OR EXPENSES DUE TO 3R GREEN BUILDING SOLUTIONS LLC) MORE THAN TWO (2) YEARS AFTER THE CAUSE OF ACTION HAS ARISEN OR THE DATE OF DISCOVERY OF SUCH CAUSE, WHICHEVER IS LATER.

	14. Entire Agreement. These Terms and Conditions, as well as agreements and other documents referred to in these Terms and Conditions constitute the entire agreement between the Customer adn 3R Green Building Solutions, LLC with regard to the subject matter hereof and thereof. These Terms and Conditions supersede all previous agreements between or among the Parties. There are no agreements, representations, or warranties between or among the Parties other than those set forth in these Terms and Conditions or the documents and agreements referred to in these Terms and Conditions.

	15. Severability.  If any term or provision of these Terms and Conditions is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, such illegal, unenforceable, or invalid provisions or part thereof shall be stricken from these Terms and Conditions, and such provision shall not affect the legality, enforceability, or validity of the remainder of these Terms and Conditions. If any provision or part thereof of this Terms and Conditions is stricken in accordance with the provisions of this section, then this stricken provision shall be replaced, to the extent possible, with a legal, enforceable, and valid provision that is as similar in tenor to the stricken provision as is legally possible. 

	16.  NOT FOR RESALE OR EXPORT; LEGAL AGE.  You agree and represent that you are buying the Product for your own personal use, and not for resale or export.  You agree and represent that you are of sufficient legal age to purchase the Product. 

	17. Consent to Jurisdiction.  Customer hereto agrees that all actions or proceedings arising in connection with these Terms and Conditions shall be tried and litigated exclusively in the State and Federal courts located in the State of Colorado, United States of America. Customer hereto agrees to the personal jurisdiction by and venue in the state and federal courts in the City and County of Denver, Colorado, United States of America, and waives any objection to such jurisdiction and venue. 
  18. Choice of Law.  Customer agrees that these Terms and Conditions, any Order under, or any claim, dispute, controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law, and equitable claims) between Customer and 3R Green Building Solutions, LLC arising from or relating to these Terms and Conditions, its interpretation, or breach, termination or vaildity thereof, the relationships which result from these Terms and Conditions, or any related purchase shall be governed by and construed under the laws of the State of Colorado without regard to principles of conflicts of laws. 

 19. Contact and Return Address.  Notwithstanding any other provision in these Terms and Conditions, any and all returned Products pursuant to Section 9 of this Agreement shall be mailed, at your expense, to our current business address: 3R Green Building Solutions LLC, Attention: Casey Churchley, 1767 Denver West Blvd. – A, Golden, CO, United States of America. If you have any questions regarding these Terms and Conditions and/or our Products, please contact us directly at our current business address 1767 Denver West Blvd. – A, Golden, CO, United States of America or via email to info@3rgreenbuildingsolutions.com. Please be aware that our business address is subject to change, from time to time, in the future. 

	 

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