Purchase Agreement
Effective Date: 04/08/2025
This Purchase Agreement (the “Agreement”) governs the sale of goods and services offered by WATERHUB INC. (“WATERHUB,” “we,” “us,” or “our”) through its website located at waterhub.co (the “Site”). By accessing and using our Site to purchase goods or services, you (“you” or the “Customer”) agree to be legally bound by the terms and conditions set forth in this Agreement.
1. Sale of Goods and Services
1.1. Order and Payment: Payment for all services is due in full at the time the order is placed. By accessing and browsing our Site, you agree that this Agreement applies to all goods and services displayed, including those listed as currently out of stock.
1.2. Product Information: We endeavor to provide accurate information, descriptions, and visual representations of our goods and services. However, to the maximum extent permitted by applicable law, WATERHUB INC. does not warrant that such information, descriptions, or images are complete, accurate, reliable, current, or error-free. You acknowledge that minor variations may occur. Your decision to purchase goods and services from our Site is made at your own discretion and risk.
1.3. Order Acceptance and Cancellation: Your order constitutes an offer to purchase. WATERHUB INC. reserves the sole and absolute right to modify, reject, or cancel your order at any time without prior notice. Should we cancel your order after payment has been processed, we will issue a refund to the original payment method equivalent to the amount paid. It is your responsibility to monitor your designated payment instrument to verify receipt of any such refund.
2. Third Party Goods and Services
The Site may feature or offer goods and services provided by third-party vendors. WATERHUB INC. makes no representations or warranties whatsoever regarding the quality, accuracy, reliability, or legality of such third-party offerings. Any transactions or interactions you have with third parties through our Site are solely between you and the third party, and are subject to any terms and conditions and privacy policies established by that third party. WATERHUB INC. assumes no responsibility or liability for any third-party goods or services.
3. Payments
3.1. Accepted Methods: We accept payment via Credit Card and Debit, as indicated on the Site.
3.2. Authorization: By providing your payment information during the checkout process, you explicitly authorize WATERHUB INC. (or our designated third-party payment processor) to access and utilize the specified payment instrument to charge you the total amount due for your order, including any applicable taxes and shipping fees. You represent and warrant that you are the legitimate holder of the payment instrument used.
3.3. Transaction Review: WATERHUB INC. reserves the right to cancel or reverse any transaction if we, in our sole discretion, believe it to be in violation of any applicable law or the terms of this Agreement, including but not limited to suspected fraudulent activity or unauthorized use of a payment instrument.
4. Shipping and Delivery
4.1. Delivery Methods and Timelines: The delivery of goods purchased from our Site will be facilitated through various shipping methods as indicated during the order process. Delivery times are estimates and typically range from one (1) to fourteen (14) business days from the date of shipment. These timelines are contingent upon the selected delivery method, the shipping destination, and potential unforeseen circumstances beyond our reasonable control. Please note that delivery times exclude weekends and statutory holidays observed in Ontario.
4.2. Delivery Charges: You are responsible for the payment of all applicable delivery charges, which will be clearly outlined during the checkout process in addition to the purchase price of the goods.
4.3. International Orders: For orders destined for locations outside of Canada, your purchase may be subject to import duties, taxes, and other fees levied by the destination country’s customs authorities. You are solely responsible for the payment of any such duties, taxes, and fees. We strongly recommend that you contact your local customs office for detailed information regarding potential charges before placing your order. WATERHUB INC. shall not be held responsible for the payment of these charges, nor shall we be liable for any failure on your part to pay them.
4.4. Accurate Delivery Information: It is your sole responsibility to provide us with a complete and accurate delivery address, including the full name of the intended recipient. WATERHUB INC. shall not be liable for any misdelivery, loss, or damage to goods arising from inaccurate or incomplete delivery information provided by you. Any costs associated with reshipment due to incorrect address information will be your sole responsibility.
5. Consumer Protection Law
To the extent that the Consumer Protection Act, 2002, S.O. 2002, c. 30 (Ontario), or any other applicable consumer protection legislation within Ontario, Canada, applies to the transactions contemplated under this Agreement and cannot be legally excluded, the provisions of this Agreement shall not operate to limit or waive your statutory legal rights and remedies provided under such legislation. In the event of any conflict or inconsistency between a provision of this Agreement and a mandatory provision of applicable consumer protection legislation, the mandatory provision of the legislation shall prevail to the extent of the conflict. This Agreement shall be interpreted and applied subject to these mandatory legal provisions.
6. Acceptance of Goods
Upon delivery, you shall have ten (10) calendar days (the “Inspection Period”) to inspect the products for any defects or non-conformities. Any claims for defects or non-conformities must be reported to WATERHUB INC. in writing, detailing the specific issue, within this Inspection Period. Failure to provide such written notice within the ten (10) calendar day period shall constitute your irrevocable acceptance of the products in their delivered condition, subject only to any applicable warranties explicitly provided herein or mandated by law.
7. Installation Warranty
WATERHUB INC. warrants that its products, when properly installed and used according to our specifications, shall be free from defects in materials and workmanship for a minimum period of one (1) year from the date of original purchase (the “Warranty Period”). This warranty is extended solely to the original purchaser and is non-transferable. Our sole obligation and your exclusive remedy under this warranty shall be limited, at our sole discretion, to the repair, replacement with a functionally equivalent product, or refund of the original purchase price of the defective product. This warranty does not cover damage resulting from misuse, negligence, improper installation (unless performed by WATERHUB INC. or its authorized agents), unauthorized modifications, normal wear and tear, or external causes beyond our reasonable control. Any warranty claims must be submitted to WATERHUB INC. in writing within the Warranty Period, accompanied by proof of purchase and a detailed description of the alleged defect.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE CONSUMER PROTECTION ACT, 2002 (ONTARIO), WATERHUB INC., ITS DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, SUBSIDIARIES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR
9. Indemnity
To the maximum extent permitted by applicable law, including the Consumer Protection Act, 2002 (Ontario), you agree to indemnify, defend, and hold harmless WATERHUB INC., its directors, officers, agents, employees, subsidiaries, and affiliates from and against any and all actions, claims, losses, damages, liabilities, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Site; (b) your purchase or use of any goods or services obtained through the Site; (c) your violation of this Agreement; or (d) your violation of any applicable law or the rights of any third party. This indemnification obligation shall survive the termination of this Agreement and your use of the Site.
10. Applicable Law
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the
11.
11.1. Informal Discussions: In the event of any dispute arising out of or relating to this Agreement, the parties agree to first engage in good faith informal discussions to attempt to resolve the dispute amicably.
11.2. Arbitration: If the informal discussions do not resolve the dispute within a reasonable timeframe, both parties irrevocably agree to submit the dispute to binding arbitration in accordance with the provisions of the Arbitration Act, 1991, S.O. 1991, c. 17 (Ontario). The arbitration shall be conducted by a single neutral arbitrator agreed upon by both parties. If the parties cannot agree on an arbitrator, an arbitrator shall be appointed by a court of competent jurisdiction in Ontario. The seat of the arbitration shall be in Toronto, Ontario, unless otherwise agreed upon in writing by both parties. The decision of the arbitrator shall be final and binding upon both parties, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
11.3. Exceptions to Arbitration: Notwithstanding the foregoing, nothing in this Section shall prevent either party from: (a) bringing an individual action in the Small Claims Court of Ontario for claims within its monetary jurisdiction; or (b) seeking injunctive or other equitable relief in a court of competent jurisdiction in Ontario with respect to any actual or threatened infringement of intellectual property rights or breach of confidentiality obligations.
12. Severability
If any provision of this Agreement is found by a court of competent jurisdiction to be inconsistent with or invalid under applicable laws, such provision shall be deemed to be severable from this Agreement. The remainder of this Agreement shall not be affected thereby, and all other provisions of this Agreement shall remain in full force and effect
13. Cancellation Policy
At WATERHUB INC., we are committed to providing clarity and flexibility regarding order cancellations. Our cancellation policy is as follows:
13.1. Cancellation Request Window: You may submit a cancellation request via email to the designated email address provided on the Site within twenty-four (24) hours of your initial purchase.
13.2. Post-Installation Cancellation: For products that have already been installed, you may submit a cancellation request via email to the designated email address within ten (10) calendar days following the date of installation. Cancellation requests made within this post-installation period will require a technician’s inspection of the installed product(s) to assess their condition prior to any cancellation being processed. Uninstallation fees and restocking fees, as detailed below, will apply to cancellations made after installation.
13.3. Email Communication: All cancellation requests must be sent via email to the designated email address provided on the Site. The email must originate from the email address registered to your customer account. Cancellation requests submitted through other means or from unregistered email addresses will not be accepted.
13.4. Timeline Compliance: Strict adherence to the cancellation timelines outlined in this policy is required for your cancellation request to be considered. Failure to comply with these timelines will result in the inability to cancel your order. This policy acknowledges the nature of water and air filtration systems, which become integrated into your property upon installation.
13.5. Fees:
a. Uninstallation Fees: In the event of a post-installation cancellation, you will be responsible for uninstallation fees, which may vary depending on the type and complexity of the product(s) installed. However, the uninstallation fee will not exceed four hundred dollars ($400.00) CAD per unit.
b. Restocking Fees: A restocking fee will be applied to all post-installation cancellations. The minimum restocking fee is two hundred and fifty-nine dollars ($259.00) CAD per unit. Additional restocking fees may be assessed based on the condition of the returned product(s).
13.6. Considerations: This cancellation policy takes into account the nature of water and air filtration systems, which are integrated into your environment upon installation, and the associated costs of uninstallation, inspection, and restocking.
13.7. Contact for Queries: For any questions or clarifications regarding our cancellation policy, please contact us using the contact information provided on the Site.
14. Changes to These Terms and Conditions
WATERHUB INC. reserves the right to amend, modify, or update these Terms and Conditions at any time and without prior notice. Any changes will be effective immediately upon
