DBA Bamboo Flooring Hawaii LLC
TERMS AND CONDITIONS*
A 50% deposit and signed contract are required to place an order. The balance will be due upon completion of the order.
Payment of the balance due shall be made within 7 days from completion of the order. Non-payment within 7 days is a material breach of the contract. Buyer shall be responsible for all reasonable attorneys’ fees and costs in connection with any action or lawsuit to collect the outstanding balance.
SALES AGREEMENT
Aqua Docks Hawaii Kai is the licensed importer and authorized builder of our modular drive-up docks and floating aluminum docks. Aqua Docks Hawaii Kai is owned by Bamboo Flooring Hawaii (BFH).
This contract is entered into between BFH and the purchaser below.
The purchaser agrees to the terms and conditions of the sale included in the proposal as well as the following:
-BFH is not liable for any misuse of the product or injury or death that may occur due to the negligence or intentional misuse, abuse, modification, alteration or of the product by the purchaser, an invitee, or other individuals, third parties, or entities not a party to this contract.
-BFH is not liable for installation by the purchaser.
-If a third party performs the installation, BFH shall not be liable for installation by the third-party installer. BFH does not make any representations as to the quality or workmanship of the third-party installer, does not guarantee or warranty the work of the third-party installer or act as a surety for the third-party installer.
- Purchasers must have all necessary permits and approvals by any condominium associations, community association, Department of Land and Natural Resources, or similar entities submitted and approved prior to installation. Purchasers shall indemnify, defend and hold harmless BFH and its officers, employees, agents, or any person acting on their behalf from and against any claim or demand for loss, liability or damage, for all claims, suits and damages by whomsoever brought or made by reason of the nonobservance or nonperformance of this permit requirement. Furthermore, the Purchasers shall reimburse BFH and its officers, employees, agents or any person acting on their behalf for all attorneys’ fee, costs, and expenses incurred in connection with the defense of any such claims.
- Prior to any work being performed under this agreement or items being delivered, either party may terminate an order for default if the other party materially breaches these terms and conditions; provided, however, no right, of default shall accrue until 7 days after the defaulting party is notified in writing of the material breach and has failed to cure the breach or give adequate assurances of performance within such 7 day period. In addition, an order shall immediately terminate should either party (i) become insolvent; (ii) enter into or file a petition, arraignment or proceeding seeking an order for relief under the bankruptcy laws of its respective jurisdiction (iii) enter into receivership of any of its assets; or (iv) enter into a dissolution or liquidation of its assets or an assignment for the benefit of its creditors. In the event an order is terminated for any reason other than for a material breach of this agreement (including a force majeure event), Purchasers shall pay BFH, a termination charge equal to (a) the contract price for all finished products existing at the time of termination; (b) BFH’s cost for all work in process; and (c) BFH’s delivered costs.
- Force Majeure. Any prevention, delay or stoppage due to strikes, lockouts, labor disputes, acts of God, acts of war, terrorist acts, inability to obtain services, labor, or materials or reasonable substitutes therefore, governmental actions, civil commotions, fire or other casualties, and other causes beyond the reasonable control of the party obligated to perform (collectively, a “Force Majeure”), notwithstanding anything to the contrary contained in this Agreement, shall excuse the performance of such party for a period equal to any such prevention, delay or stoppage. This Force Majeure clause shall not apply to the terms and conditions of payment of the balance due on a completed order within 7 days.
- All work performed, and all deliverable items are subject to inspection and acceptance at destination notwithstanding any payments or inspection at source. Final inspection and acceptance shall be conclusive. All sales FINAL.
-This Agreement shall be construed according to the laws of the State of Hawaii.
-This Sales Agreement, Limited Warranty and instructions constitute the entire agreement of the parties. This Agreement shall not be changed or modified except in writing signed by both parties.
Name____________________________________________________________________________________________
Email ____________________________________________________________________________________________
Phone____________________________________________________________________________________________
Address__________________________________________________________________________________________
Vessel___________________________________________________________________________________________
Docking System____________________________________________________________________________________
Purchase Price__________________________________________________________Yes, I agree to these terms and conditions and by submitting a payment I am entering a binding contract with Aqua Docks Hawaii Kai and recognize that my signature approves this agreement.
Signature_____________________________________________________________Date________________________
521 Ala Moana Blvd Suite 213 Honolulu, HI 96813 808 479-1516 808 550-8080
LIMITED WARRANTY
Flotation (10 Years) – Flotation products, decking, and components (such as modular docks units and floating aluminum docks) are warranted against cracks, breakage, leaks, and ultraviolet deterioration caused by defects in material and manufacturing workmanship for a period of eight (8) years from the date of purchase.
Hardware and Accessories (1 Year) – Hardware and accessories are warranted against defects in material and manufacturing workmanship for one (1) year from the date of purchase.
These Limited Warranties specifically do not cover damages caused by or involving Aqua Docks Hawaii Kai products to any person or property due to the following: improper installation; misuse or use inconsistent with Aqua Docks Hawaii Kai’s instructions and product specifications; vandalism; severe weather and natural disaster; injuries or damages connected with the operation and use of watercraft, including but not limited to impact by watercraft, ice, falling trees, floating debris, and other foreign objects; animals or aquatic life; unauthorized product modification and attachment; and improper repair. Fading is common and is not covered under this warranty
If an Aqua Docks Hawaii Kai’s product fails under normal use and within the applicable warranty period and prior to the expiration of such warranty period, the Buyer must submit a written claim to Aqua Docks Hawaii Kai DBA BFH at 521 Ala Moana Blvd Suite 213 Honolulu, HI 96813 USA or via e-mail at aquadockshawaiikai@gmail.com. Claims must identify the failed product(s), describe the claimed defect(s), and include copies of dated proofs of purchase/receipts.
Upon receiving sufficient proof of covered product failure, Aqua Docks Hawaii Kai will, in its sole discretion, either repair or replace failed products within a reasonable time after notice, and ship, at Buyer’s expense, repaired and/or replacement products to the site. “Repair” may be limited to providing a repair kit to Buyer. Costs related to the removal of failed products, and the installation of repaired and/or replaced products shall be at Buyer’s expense. Repaired and replacement products are warranted only for the balance of the original limited warranty period. These limited warranties extend only to the original Buyer of products from an authorized Aqua Docks Hawaii Kai reseller (“Original Purchaser”). Warranties are not transferable to anyone who subsequently purchases products from the Original Purchaser, or to any subsequent purchaser.
Aqua Docks Hawaii Kai is not liable for any misuse of the product or injury or death that may occur due to the negligence or intentional misuse, abuse, modification, alteration or of the product by purchaser, an invitee, or other individuals, third parties, or entities not a party to the purchase.
Buyer, by acceptance and use of these limited warranties, waives any rights it would otherwise have to claim or assert that these limited warranties fail of their essential purposes. Buyer agrees that venue for any court action to enforce these limited warranties shall be in Honolulu County in the State of Hawaii.
THE FOREGOING LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY FOR SELLER’S PRODUCTS, AND SHALL BE LIMITED TO THE REPAIR, REPLACEMENT, REFUND OR CREDIT FOR DEFECTIVE UNITS OR PARTS AS STATED ABOVE. SELLER SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR PERFORMANCE OR TRADE USAGE. SELLER SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF REVENUE, PROFIT OR USE, ARISING OUT OF A BREACH OF THIS WARRANTY OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, OPERATION OR REPAIR OF ANY PRODUCT. IN NO EVENT WILL SELLER BE LIABLE FOR ANY AMOUNT GREATER THAN THE PURCHASE PRICE OF A DEFECTIVE PRODUCT AS STATED IN THE SALES AGREEMENT.
DATE OF PURCHASE___________________________________
BUYER________________________________________________________________________________________________
PRODUCT PURCHASED__________________________________________________________________________________________________
521 Ala Moana Blvd Suite 213 Honolulu, HI 96813 808 479-1516 808 550-8080
MAINTENANCE
Aluminum Floating Dock
Cleaning: Wash the composite surface, aluminum frame and floats of your floating aluminum dock periodically to keep it looking clean and new. The use of a pressure washer or a brush and environmentally friendly detergent will lengthen the life of your dock. Remove marine growth from the floats by brushing, scraping or use of a pressure washer.
Connections: Periodically inspect all connections between the dock and gangway. Tighten, align or replace as needed.
Replacing Hardware: If you have damaged or missing hardware, replace it immediately. Replace with Stainless Steel 316 Grade hardware. Missing or damaged hardware if not replaced, will put pressure on the dock’s connections and potentially damage your dock.
In addition, give any bumpers, ladders, or other dock accessories a close inspection. Address immediately, anything that needs to be repaired or replaced.
Regular maintenance of your dock is required to maintain your limited warranty.
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Modular Docking and Maintenance Instructions
Drive up Docking
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Approach the drive-up dock at a low idle speed.
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Hold the boat in front of the dock to allow the boat to center itself with the center U-float w/ roller.
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Use 20% throttle to advance the vessel onto the dock slowly. Make throttle and steering adjustments for wind and currents as you ease up onto your dock. The vessel will roll forward onto the proper position.
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Shut off your vessel and make sure it is secured when not in use.
Launching from your Dock
Launching your vessel should be easy! Throttle slowly in reverse until the vessel starts to move. Please be aware of traffic or obstruction while reversing. When using a winch, please follow the manufacturer’s instructions.
It is important to ensure that your vessel enters and disembarks your dock with even distribution. Anything that inhibits the movement of the dock on either side will cause damage to your vessel prior to docking.
Do not attempt to dock or launch when people or pets are on the dock. Passengers MUST disembark your vessel prior to docking.
Fouling on the dock must be removed prior to using your drive-up dock. Risk of damage may occur to boat and dock. Make sure your U-float with a roller is free of barnacles.
Modular Dock Maintenance
Clean your floats using a pressure washer or a brush and environmentally friendly detergent. By doing so, you will lengthen the life of your modular dock. Make sure to remove all marine growth from the floats.
Chisel off any barnacles at the front of your drive-up dock to avoid damage to your boat. Make sure that the underside of your boat is debris and barnacle-free before driving up on your drive-up dock.
In addition, give any railings, ladders, or other dock accessories a close inspection. Make note of and address anything that needs to be repaired before you begin cleaning.
Regular maintenance is recommended to validate your warranty.
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Date__________________
