RocknReefs Inc. Terms and Conditions
Any goods manufactured or marketed by RocknReefs Inc. is subject to the following terms and conditions.
TERMS OF SALE: Client’s placement of an order for product constitutes customer’s unconditional acceptance of the following
terms and conditions. These terms and agreements may not be altered, supplemented, or amended by the use of any other
document(s) unless otherwise agreed to in writing and signed by both the Client and RocknReefs Inc. RocknReefs Inc. reserves the
right to cancel any order.
GOVERNING LAW: The parties to this Agreement hereby agree that in the event of a dispute arising under the terms or provisions
hereof, the parties will subject any and all such disputes to binding arbitration in the United States, more particularly in the State of
project location, subject to the Commercial Arbitration Rules of the American Arbitration Association. The parties further agree that
such Arbitration shall be final and binding except where judicial review would be appropriate pursuant to the Federal Arbitration Act
at Chapter 9, United States Code. This Sales Contract is, and all matters arising from this Sales Contract in any manner are, governed
by the laws of the State without regard to principles of conflicts of laws.
TITLE: Title to all goods or product sold to Client under this Sales Contract passes from RocknReefs Inc. to Client at such time as the
goods or product is removed from RocknReefs Inc. facility for delivery to Client and have been paid for entirely. Client expressly
waives right of action against RocknReefs Inc. for any loss, damage or destruction to the goods or product at such time, and hereby
assumes sole responsibility for any loss, damage or destruction to the goods or product. Client hereby expressly indemnifies
RocknReefs Inc. against any loss, damage or destruction of property caused in the transport of the goods or product sold to Client
under this Sales Contract.
PRODUCT PURCHASE AGREEMENT: All products produced by RocknReefs Inc., employees of RocknReefs Inc. and its
subcontractors/affiliates may not be molded, reproduced, altered to re-mold, be sold as their manufactured product, represented as
anything other than an original product of RocknReefs Inc. (U.S. code Title 17 Chapter 1 Statute 106 - 122 the owner of copyright
under this title has the exclusive rights to do and to authorize its clients thereafter)
SALES TAXES: Goods or product prices are exclusive of applicable sales taxes. Client shall be responsible for all applicable sales taxes
and or local state tax laws, unless customer provides RocknReefs Inc. with proof of tax exemption in the form of a current exemption
certificate for the delivery destination and acceptable to the applicable taxing authorities.
PAYMENT TERMS: Unless otherwise agreed to by RocknReefs Inc., full payment must be received by RocknReefs Inc. prior to
shipment of any order under this Sales Contract. Payment for the goods or product must be made in U.S. dollars. RocknReefs Inc.
accepts payment by credit card, wire transfer, cashier’s check or money order. Client expressly understands that all deposits and
payments made under this Sales Contract are final and non-refundable. In addition to any other remedy applicable or detailed
herein: should Client fail to make timely payment within fifteen (15) days of each scheduled payment found herein, RocknReefs Inc.
shall apply interest charges on the balance due, at the rate of 1.5% per month (18% simple interest per annum). RocknReefs Inc.
retains the right hereunder to cease production of Client’s Custom Aquarium project at any time due to Client’s failure to make
payments promptly in accordance with the schedule found herein. Should Client fail to make payments under this Sales Contract in
excess of ninety (90) consecutive calendar days, RocknReefs Inc. reserves the right to cancel this Sales Contract upon written notice
to Client. All scheduled payments and final payments received under this contract are considered acceptance of product or work
performed. Client expressly agrees to pay all costs of collection, including all reasonable attorneys’ fees and court costs including
EXPORT: Client is solely responsible for applying for and securing all necessary import licenses and permits required for international
transport of the goods or product from the United States to final destination. RocknReefs Inc. will prepare appropriate export
documentation. All fees, taxes and/or tariffs associated with the import/export of the goods or product are to sole responsibility of
SHIPMENT: RocknReefs Inc. expressly reserves the right to select the means of shipment and routing, unless otherwise agreed in
writing and stated in this Sales Contract. Quoted shipping dates are based on estimates at the time of quotation, and are subject to
change and are not in the control of RocknReefs Inc. RocknReefs Inc. will use best efforts to meet shipping dates, but shall not be
liable for any direct or indirect costs or damages, including without limitation accidental or consequential damages, resulting from
late deliveries. Shipping costs and charges are the sole responsibility of Client and shall appear as an additional charge on Client’s
invoice. All transportation arrangements made by RocknReefs Inc. are fully insured with a reputable freight company. Additional
insurance may be available at an additional cost to Client. Shipping is not included in the contract price unless shown specifically in a
ACCEPTANCE OF GOODS AND PRODUCTS: Client upon delivery shall inspect all goods or products. Failure to inspect and/or failure
to report any discrepancies with this Sales Contract at time of delivery shall be deemed express acceptance of goods or product by
SEVERABILITY AND WAIVER: Should any provision in this Sales Contract be found invalid, illegal, or unenforceable by a Court of
competent jurisdiction, all provisions of this Sales Contract that are otherwise deemed enforceable shall remain in full force and
effect to the extent permitted by law without effect from any provision deemed stricken.
FORCE MAJEURE: RocknReefs Inc. shall not be liable for delay in performing any obligation under this Sales Contract in the event
such delay is caused by circumstances beyond the reasonable control of RocknReefs Inc., including but not limited to: acts of god;
war; civil commotion or unrest; or industrial dispute. Should such delay continue for at least six (6) months, Client shall be entitled
to terminate this Sales Contract by notice in writing to RocknReefs Inc. Should Client not be in a position to receive delivery of the
goods or product purchased under this Sales Contract due to Force Majeure at the time RocknReefs Inc. is due to deliver,
RocknReefs Inc. shall store the goods or product until such time as Client is able to receive delivery, and RocknReefs Inc. shall be
entitled to charge a reasonable storage fee to be determined by RocknReefs Inc.
ENTIRE AGREEMENT: This Sales Contract constitutes and contains the entire understanding and agreement between RocknReefs Inc.
and the Client. This Sales Contract supersedes and replaces all prior negotiations and/or proposed agreements, whether written or
verbal, between RocknReefs Inc. and the Client or their respective representatives or counsel. This Sales Contract can only be
modified, amended, or canceled in writing, when signed by both RocknReefs Inc. and Client.
WARRANTY AND GUARANTEES: RocknReefs Inc. warranties custom exhibits for one year. This warranty does not apply to: normal
wear and tear; damage caused by negligence, misuse, or improper maintenance, by the Client, subcontractors not in the
employment of RocknReefs Inc., or aquarium maintenance provider, as determined by RocknReefs Inc.; or design modifications not
performed by RocknReefs Inc. The RocknReefs Inc. warranty begins on the first date of installation. All warranties and guarantees
are null and void if Client fails to fulfill all payment obligations.
EXCLUSIONS: RocknReefs Inc. does not Warranty or Guarantee the following work, and is expressly not a part of Sales Contract: Any
permitting, duties, taxes or fees associated with this project.
ABANDONMENT/DEFAULT/CANCELLATION/ASSIGNMENT: Should Client fail to advise RocknReefs Inc. of any change in address,
installation site, or contact information, including telephone number within fourteen (14) days of any such change; and should
RocknReefs Inc. not be able to contact Client for thirty (30) calendar days, RocknReefs Inc. reserves the right to consider this Sales
Contract in default, and may cancel this Sales Contract in writing to the last known Client address. Assignment of this Sales Contract
is contingent upon the express written approval of RocknReefs Inc.
It is recommended that all NEW corals and reef structures be thoroughly rinsed with RO water. Please Note: Reefs can have sharp edges just like real rocks; handle with care. Certain species of fish like triggers and puffers have the ability to damage rock and corals. Over time corals and rock color may soften adding to the natural beauty of the structures. Client expressly understands and agrees to RocknReefs, Inc. Terms and Conditions.
LEADTIMES and DELAYS
Lead time timeframe begins once all required information is provided and once the deposit is made. Lead times are subject to change without notice. Lead times are based on a first come, first serve basis, and projects are not scheduled for production until deposit and all appropriate build documents have been received. Numerous factors may affect proposed lead time, and ultimately delivery time, for example, delayed approvals, unexpected changes, 3rd party delays, weather issues (Force majeure) etc.
PLEASE NOTE THAT ONCE YOUR PROJECT LEAVES OUR FACILITY, TRANSPORT TIME IS OUT OF OUR CONTROL. EVEN IF THE SHIPMENT IS GUARANTEED, IT MAY NOT ARRIVE ON TIME DUE TO UNFORSEEN CIRCUMSTANCES. PLEASE UNDERSTAND THAT ROCKNREEFS IS NOT LIABLE FOR ANY DELAYS DUE TO TRANSPORT.
Client is expected to provide approved, or as accurate as possible tank drawings, sketches, photos, including inside dimensions, lid openings, overflow box size, shape, and location, water level height or height from the inside of the aquarium bottom to the bottom of the overflow box teeth or stand pipe bells, any penetrations and bulkhead sizing.
Also client is expected to disclose any additional restrictions in respect to installation of inserts; ie. ceiling height, cabinetry, restricted access or limited working space around, above, below, on the way to the aquarium, etc.
It is your responsibility as our client to provide us with accurate measurements, as we build your insert to fit the provided measurements. Any alterations required based on erroneous measurements/information may result in a change order and can extend/delay lead time.
We look forward to working with you and are ready to help in every way we can! Please call us with any questions you may have.
SCRATCHnDENT OFF POUR CORAL - PLEASE READ AS ALL SALES ARE FINAL
By placing your order for these items, you acknowledge the below conditions.
ALL SCRATCHnDENT OFF POUR CORAL SALES ARE FINAL. NO EXCHANGES OR RETURNS.
These corals have flaws that may include but are not limited to the below conditions. All Corals are aquarium safe and have been used in commercial and retail quarantine systems to brighten up displays and add habitat. These corals are subject to excessive flashing, air bubbles, short pours and/or color variances. Some corals my float and will require a weighted base. Some corals may arrive drilled with a mounting peg installed. Some may be drilled with no peg installed and just the hole. We will provide mounting pegs and mounting instructions if requested.
These corals are perfect for quarantine and breeding systems. Some have used these corals to create their own themed habitats, using fish safe epoxy or fully cured cement.
Q: Are SCRATCHnDENT corals still fish safe? YES, the only difference with these corals is strictly cosmetic. Some have flashing, some have pulled or missing tips, and some were made in colors that may be slightly off or mixed.
Q: Why do you have Off pours? Each coral is handmade in our facility in Florida. Off pours happen when the mold is not set correctly causing mold lines (flashing). When changing colors in the mold, corals may be multicolored, When pulling corals out of the mold the ends of the corals may stretch and/or break off. Some corals are perfect, however clients may have requested nonstandard colors that were ultimately never used and are now available to you. When pouring corals, we typically pour a minimum of 4, which allows us to choose the best coral for our clients and projects and sometimes leaves us with extra corals that we may or may not use on our custom reefs.
Q: If I order a coral color that is in the SCRATCHnDENT section of the website will I receive that exact colored coral? Most likely not. Corals will be added to the site and the color variant will be labeled as the color it closely resembles. Please note: Most ScratchnDent corals are in excellent condition and may be occasionally used on a custom reef and not removed from the website in time. If the coral purchased is not available, RocknReefs, Inc. reserves the right to substitute any coral or corals to match the purchase price spent.
Q: Can I see the coral before I buy it? Unfortunately no. Due to the highly discounted pricing we are offering, we cannot take photos of every coral, however, if requested, a photo of the coral(s) will be sent once the order has been placed.
Please note: At RocknReefs discretion and availability we may substitute corals if requested. By placing your order for SCRATCHnDENT corals you understand all sales are final and you agree and acknowledge that your selection of corals are extremely discounted for the above reasons.
DO NOT use caustic chemicals when cleaning.
DO NOT use extremely powerful and/or abrasive tools as you risk damaging the corals and/or rock work.
For best results us a white pad or light brushing.
Pangea America Products
DO NOT use caustic chemicals when cleaning.
For best results us a white pad or light brushing.
All products must be thoroughly rinsed prior to installation
If you purchased your seagrass, kelp, and/or algae product(s) from Pangea America, please contact them directly. If you purchased your Pangea America product from us at RocknReefs, please contact us and we will work with Pangea America directly to initiate and facilitate the exchange or warranty process.
Pangea America wants their clients to be completely satisfied with their products. In the event you are not, you are able to exchange or within 15 days of the date received. To initiate an exchange, excluding freight, please contact your distributor. The items should be in original packing materials and in sellable condition. For items presenting signs of use, only warranty claims will be accepted. Exchanges will not be made after 15 days. NO EXCEPTIONS.
How to file a warranty claim?
The answer to ALL the following questions should be YES before contacting your distributor.
1. Is the product appropriate for your application?
2. Did you carefully read any instructions or warnings provided with the item?
3. Are you the original purchaser?
4. Is the item unmodified and clean?
5. Is the return date within 6 months from the date items were received?
6. Is the reason for return a legitimate product defect?
If the answer to all these questions is YES, please contact your distributor. You will be asked to ship the item prepaid to your distributor. All shipments MUST be prepaid. Please include a brief explanation letter.
Pangea America warrants its product line against materials and workmanship failure for the term of 6 months from the date of purchase and only up to the amount paid. If the product is determined to be defective, Pangea America will repair, replace or refund its value at Pangea America’s discretion. Any repaired or replaced product will be returned to the sender freight prepaid.
What doesn’t this warranty cover?
The costs NOT covered by this warranty include but are not limited to:
1. Removal, installation, shipment and insurance costs.
2. Improper installation or maintenance.
3. Misuse, abuse or negligence of the items.
4.Damage to related elements, including any livestock.
5. Normal wear and tear.
6. Costs due to down time of an exhibit.
7. Alterations on the original design or unauthorized repairs.
Items offered but not manufactured by RocknReefs, Inc. are warranted according to the manufacturers terms and are not the responsibility of RocknReefs, Inc.
All warranties implied by law are limited in duration to the duration of this warranty.