Terms of Sale

Interpretation

In these terms of sale: “Company”, “We” and “Us” refer to Acclima, the seller of soil water content sensors and data acquisition equipment. “Customer” and “You” refer to the individual or entity making a purchase from the Company or using the services made available by Acclima. “Goods”, and “Product” refer to the various TDR soil water content sensors and data loggers. “Terms” refers to the terms and conditions outlined in this document.

Terms of Use

You are granted a non-exclusive, non-transferable, revocable license to access and use acclima.com strictly in accordance with these terms of sale. As a condition of your use of the Site, you warrant to Acclima that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Acclima through the Site.

Prices

Prices for the Goods are as agreed upon at the time of the order and are subject to change without prior notice unless otherwise stated in a written agreement. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. Acclima reserves the right to cancel any estimates or orders containing pricing and availability, even after your receipt of order confirmation. Acclima reserves the right to cancel or change order details when circumstances call for such changes to occur. Acclima may, at its discretion, either contact you with instructions or cancel your order and notify you in the event of such cancellation. Prices exclude taxes, shipping, handling, duties, demurrage, and similar charges.

Payment

Payment for the Goods must be made to the Company without any discount, deduction, or split payment, except when expressly specified in an agreement between the Company and the Customer. You represent and warrant that you have the right to use any credit card or other means of payment that you provide to the Company. By providing payment card or banking information to the company, you authorize Acclima to use the details as a payment method for purchases made through our website. All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms of Sale and may result in your order’s cancellation.

Cancellation

Acclima reserves the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our sales/support, credit, and fraud avoidance departments.

If your order is canceled after your credit card (or other payment method) has been charged, we will issue a credit to your credit card (or other applicable payment method) in the amount of the charge. We will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order.

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Goods, as well as all shipping and handling charges and applicable taxes. You will not be charged for most orders until the order has shipped or until after the agreed-upon date has arrived as described within the terms of the order; or if Terms have already been established between the company and the customer.

Acclima reserves the right, including without prior notice, to limit the number of products purchased per person, per household, or per order for any reason. We will attempt to notify you should such limits be applied.

In addition to any other remedies available to it, Acclima may in its sole discretion restrict or terminate your account, refuse refunds, or cancel or refuse orders for violations of, or abuse of the Acclima Terms of Sale, Privacy Policy, or Terms of Service.

Delivery

The Customer is responsible for ensuring all delivery details are provided accurately to the company before receiving order confirmation. The Customer is responsible for all charges and fees levied by the shipping agency. Products will be shipped to an address designated by the customer, if applicable, so long as such an address is complete and complies with the shipping restrictions contained on the Acclima Sites. The Company will notify the Customer of the availability of Goods and shipment status upon request by the Customer. The Customer is responsible for collecting or accepting the delivery of the Goods at the time of notification of delivery and must pay the outstanding balances at confirmation of receipt unless specified within written Terms between the Company and the Customer.  All transactions are made under a shipping contract, and, as a result, the risk of loss and title for Products passes to you upon delivery of the Products to the carrier.

Delivery of Products purchased from the Acclima Sites to addresses outside the United States is limited. Some Goods also have restricted delivery within the United States. Some goods may require multiple deliveries or transit via freight. Estimated delivery times are determined based on the method of shipping chosen when Goods are purchased, and the destination of the Goods is determined.

Title

Legal ownership of the Goods will only transfer to the Customer once the full agreed upon amount has been paid and goods have been shipped, within the guidelines of the agreement. The risk associated with the Goods is transferred to the Customer from the moment of delivery or upon collection. The Goods are assumed to be in good order and condition at the time of delivery to or collection by the carrier. If the Customer finds any defects, shortages, or issues upon inspection, they must notify the Company in writing within 10 days of the collection or delivery.

International Sales

You acknowledge that (a) goods licensed or sold on the Acclima Sites, and (b) any software or technology purchased, downloaded, or used from the Acclima Sites, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are received, and you agree to comply with all applicable laws. You agree, represent, and warrant that no Materials will be accessed from, downloaded in, released in, carried to, transferred to, transshipped through, exported to, or re-exported (collectively “transferred”) to any territory (or national resident thereof), person, entity, or organization to which such Materials could not be transferred directly from the United States or by a U.S. person without a license, including without limitation to any person on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List.

Inspection

Physical damage to any product purchased at Acclima will effectively void warranty coverage. Physical damage includes but is not limited to damages caused by improper handling, alterations, or modifications from irregular usage. As a result, Acclima will return any physically damaged goods to the customer at the customer’s expense. Acclima reserves the right to withhold products sent to us until issues related to pending charges, or the inspection results of the product are resolved.  

Returns/Refunds

If you want to return or exchange your purchase, please know that the return period begins the day you receive your product and applies to new products.  The return period for any Goods sold is 14 days. Shipping charges and fees associated with any orders may not be refunded. A restocking fee of 25% will be charged for any returned product still in new condition. Refunds are declined if the Goods are used, installed, or set up or if the products being returned are not in their original condition. Considerations regarding exchanges are made on a case-by-case basis. If an order shipment is declined by the customer, shipping charges and a restocking fee will be withheld from the refund amount; except in the cases where defective, or recalled goods were confirmed to be delivered to you after being shipped directly from Acclima.

Warranty

Our warranty strictly covers manufacturing defects in materials and workmanship in products ‘The warranty is valid from the date of purchase by the original customer and for a period of 24 months beginning from the date the goods are shipped.

Exclusions:

• Parts prone to normal wear and tear including batteries, brushes, contact rings, sockets, etc.
• Damage or failure caused by abuse, misuse, faulty installation, and operation, improper or inadequate maintenance, and any repair or guarantee on repairs not carried out by Acclima.
• Damage resulting from inadequate packaging or carrier mishandling or returned products.
• Damage incurred by lightning or catastrophic natural disasters such as floods, earthquakes, tornados, hurricanes, or fires (otherwise known as “Acts of God”).
• Damage incurred from acts of war, or Force Majeure.

It is the original customer’s responsibility to provide dated proof of purchase as verification of the warranty period. The warranty is not transferable. Acclima will, at its sole discretion, repair or exchange a product under warranty. No credit will be issued.

The warranty is void when:

• The product serial number has been altered or removed.
• The product has been altered, serviced, or manipulated by anyone other than an Acclima-authorized technician or without the prior written authorization of Acclima.

All shipping charges must be pre-paid by the sender. Acclima will, at its own expense, ship back the warranted repaired product to the sender. We will ship “best way” at our discretion.

Service and Repairs

Contact support@acclima.com or call 866-887-1470 to request a return authorization number (RMA#). Do not send a product without first securing an RMA#.

Security

Acclima 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 protected with encryption tools and software.

Access to any customer information is restricted and payment information is not stored within any Acclima database. Only employees who need the information to perform a specific job are granted access to personally identifiable information. Financial information is removed at the time of your order and deleted from our records upon completion of your order.

Governing Law

Any dispute arising out of or related to these Terms and Conditions or the sales transactions between Acclima and Customer shall be governed by the laws of the State of Idaho, without regard to its conflict of law rules. ANY DISPUTE RESOLUTION PROCEEDING, ARISING OUT OF, OR RELATED TO THESE TERMS AND CONDITIONS OR THE SALES TRANSACTIONS BETWEEN ACCLIMA AND THE CUSTOMER, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION, AND ACCLIMA AND THE CUSTOMER EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION UNDER THESE TERMS AND CONDITIONS.

Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity, or otherwise, against Acclima that is more than one year after the date of the applicable invoice.

Liability

IN ALL CIRCUMSTANCES ACCLIMA’S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. ACCLIMA 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 THAT EXCEED THIS LIABILITY LIMIT. ACCLIMA 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 ACCLIMA HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.