Terms and Conditions

DACHNIK DOMES & AQUAPONICS LLC STANDARD FINANCIAL TERMS AND CONDITIONS

1. Purpose
2. This DACHNIK DOMES & AQUAPONICS LLC STANDARD FINANCIAL TERMS AND CONDITIONS is a legal agreement between you (either an individual or a single entity) and DACHNIK DOMES & AQUAPONICS LLC (“DACHNIK”) that provides the terms and conditions related to the sale and purchase of DACHNIK equipment on DACHNIK’s website.
3. These Terms and Conditions apply to any purchase made on DACHNIK’s website (“Contract”). You agree to be bound by these Terms and Conditions by making the purchase. If you do not agree, do not make any purchase.
4. DACHNIK hereby objects to and rejects any and all other terms and conditions other than those contained in this Contract. Any additional terms are not binding on DACHNIK.

1. Prices and Payment

1. Prices for DACHNIK equipment are as stated on DACHNIK’s website (“the Price”).
   1. The Price excludes all taxes, impositions, charges, and exactions imposed other than sales tax levied by DACHNIK’s home state. You are responsible for any such excluded costs. DACHNIK shall charge sales tax in accordance with the laws of its home state in addition to the Price, unless you have furnished a valid exemption certificate or other evidence of exemption. If you have such an exemption, please contact us using the contact function of the website prior to making any purchase.
   2. The Price is in U.S. Dollars and all payments shall be made in that currency.
   3. Bank and Other Fees. Any fees incurred in connection with an electronic transfer of funds, currency exchanges, or any other fees are your responsibility.
   4. Shipping Costs. The Price is exclusive of shipping costs, which are your responsibility. The Price includes any packaging required to ship the equipment and other costs related to preparing the equipment for shipment.

2. 1. Before Production. You are required to pay 25% of the Price before DACHNIK is required to begin producing the equipment specified in the Contract. Failure to pay 25% of the Price relieves DACHNIK of any duty to begin production of the Contract equipment. But if DACHNIK chooses to begin production before receiving the required 25% of the Price, you are responsible for reimbursing DACHNIK for all costs incurred by DACHNIK to fulfill the Contract even if you decide to terminate the contract for any reason. (See Section IV “Termination”).
   2. Before Delivery. You must pay the balance of the Price in full before DACHNIK is required to deliver the Contract items. Failure to pay the balance of the Price relieves DACHNIK of any duty to deliver the Contract items. If you choose to terminate the Contract after DACHNIK produced the Contract items but before DACHNIK delivered the items, then you are responsible for reimbursing DACHNIK for all of the costs incurred by DACHNIK to fulfill the Contract. (See Section IV “Termination”).
   3. Date of Payment. DACHNIK will consider payment to be made on the date that a check is received at DACHNIK’s facility, a check or cash is tendered to a representative of DACHNIK, or funds transferred electronically are received in DACHNIK’s accounts.

III. Shipping.

1. Shipping Costs. DACHNIK will deliver all Contract equipment on its docks, F.O.B. Origin. You are responsible for making shipping arrangements from DACHNIK’s docks to your desired location and for all shipping costs.
2. DACHNIK Responsibility. DACHNIK will utilize standard commercial practices adequate to pack the Contract equipment for shipment.
3. Return Shipments. DACHNIK is under no obligation to accept any return shipments unless DACHNIK has given prior written permission for the return shipment. If DACHNIK receives the return shipment, that action does not imply acceptance by DACHNIK of the reason for the return. You accept all risks of returning contract items until DACHNIK approves of the return in writing.
4. Termination of Contract.

1. Termination by You. In the absence of a breach of the Contract by DACHNIK, you may not terminate the Contract after production of the Contract equipment is complete without prior written consent from DACHNIK in accordance with DACHNIK’s then current return material authorization process.
   1. Consequences of Termination Prior to Delivery. If you terminate the Contract prior to completion of production, DACHNIK may take up to 120 days to refund the deposit paid pursuant to Section II(2)(a) of this Contract. DACHNIK may also charge you a reasonable cancellation fee to cover unrecoverable costs incurred in production of your Contract items.
   2. Consequences of Termination After Delivery. If you terminate the contract after delivery of the Contract equipment, you will be responsible for the cost of shipping the equipment back to DACHNIK, DACHNIK will not refund the cost of any items that have been rendered unusable for any reason, and DACNHIK will retain a restocking fee of 25% of the Price above the cost of any unusable items. DACHNIK may take up to 120 days to refund any amounts due to you.
2. Termination by DACHNIK. Without prejudice to any other rights, DACHNIK may terminate the Contract if you breach the Contract or fail to comply with these Terms and Conditions.

1. Other Provisions.

1. Entire Agreement. These Terms and Conditions contain all the understandings and agreements between the parties concerning matters set forth in this document. These Terms and Conditions supersede all prior statements, representations, and agreements by or between you and DACHNIK concerning the matters set forth in this document.
2. Agreement Binding. These Terms and Conditions are binding upon and inure to the benefit of DACHNIK; DACHNIK’s successors and assigns; you; and your heirs, executors, administrators, and legal representatives.
3. You acknowledge that no person who is an agent or employee of DACHNIK may orally or by conduct modify, delete, vary, or contradict these Terms and Conditions. These Terms and Conditions may be modified only by a written agreement signed by both Parties.
4. If any part of these Terms and Conditions is adjudicated to be invalid or unenforceable, then such part will be deemed amended or deleted if necessary in order to render the remainder of these Terms and Conditions valid and enforceable.
5. Governing Law. These Terms and Conditions are made and entered into in the State of Utah. They must be interpreted and construed in accordance with the laws of the State of Utah, without regard to the conflict of law principles of such state.  The federal and state courts within the state of Utah have exclusive jurisdiction to adjudicate any dispute arising out of these Terms and Conditions. Each party hereby submits to personal and subject matter jurisdiction and venue of such courts.
6. Failure of DACHNIK to exercise or otherwise act with respect to any of its rights under these Terms and Conditions must not be construed as a waiver of any breach, nor prevent DACHNIK from thereafter enforcing strict compliance with any and all of these Terms and Conditions.

Titles and Captions. All section and paragraph titles and captions contained in these Terms and Conditions are for convenience only and must not be deemed part of the context nor affect the construction or interpretation of these Terms and Conditions.