Terms of service

  1. These Terms and Conditions govern the project(s) and service(s) (the “Project(s)” and/or “Service(s)” specified in the work order annexed to this document between you (“Client”) and Dynamic Tank Designs LLC (“Dynamic Tank”).
  2. The contract price is subject to the design criteria and site conditions that have been made available to Dynamic Tank. Any changes must have written consent prior to work proceeding.
  3. Client will approve additions or modifications to the project and payments will be distributed with the remaining payments as appropriate to the specific situation. 
  4. Payment Schedule- Payments are due on the days specified to avoid delays in the project.  
  5. If credit card has been issued for payment, all stage and final payments will be charged in accordance with the payments schedule without notice. 
  6. Dynamic Tank has the right to alter or modify original equipment specified if change is deemed necessary to complete the Project(s) and/or Service(s). Such modifications may include items such as pump sizes, lighting drivers, and configurations, support stand configuration, bulkhead locations in aquarium, in addition to any other modifications deemed necessary by Dynamic Tank. Modifications will not change the general scope of work, cause the Project(s) and/or Service(s) to perform poorly, or be of lesser value. If Dynamic Tank must change items, which will increase costs, or alter scope of work, Client will be notified in writing prior to change for approval. 
  7. If credit card has been issued for payment, final payment (due upon delivery) will be charged prior to shipping or delivering with enough time to allow funds to transfer to Dynamic Tank. 
  8. Termination of any Project(s) or Service(s) by the Client does not alleviate the Client from owing and paying the remaining payments through the termination date. 
  9. All electrical and structural modifications are to be billed and performed by others unless otherwise specified in writing by Dynamic Tank. 
  10. Estimated time of completion for each phase is attached and is incorporated as part of this Agreement.  Project(s) and/or Service(s) begins when all product and production criteria have been approved by Client. 
  11. If livestock is included in the Project(s) and/or Service(s), final payment for the Project(s) and/or Service(s) will be made prior to delivery of livestock.
  12. All deposits are non-refundable. 
  13. Dynamic Tank will not be held responsible for failure due to existing structural conditions. 
  14.  A charge back or dispute charged will not be accepted unless Dynamic Tank is in default of contract. 
  15. Dynamic Tank will not be held liable for delays due to material availability, changes or modifications in project, act of God, or any such other events or conditions that may cause project delays beyond a reasonable time. 
  16. If any payment is not made on time, Dynamic Tank reserves the right to demand payment in full prior to completion of any Project(s) and/or Services. 
  17. Dynamic Tank will not be held liable for damages such as fire, water damage, structural damage, or other property damage, caused directly or indirectly by any Product(s) and/or Service(s) provided, unless such damage was due to Dynamic Tank’s gross negligence. 
  18. If cooling unit is not installed on system, Dynamic Tank will not be held liable for operating temperature of exhibit, cost to install one at a later date, or loss of livestock. 
  19. Dynamic Tank will not be held responsible for normal sound filter makes when running. Client is to expect additional vibrations if room has hardwood floors or any other solid surface. 
  20. Client is responsible for any or all products left onsite, including but not limited to, the aquarium, the stand structure, filter equipment, and other aquarium related items.
  21. If onsite work is to be performed, Client must provide a work area suitable for the specific construction. Temperature of area where aquarium is being constructed must be kept at room temperature.  
  22. Disclaimer of Warranties and Limitation of Liability. The Project(s) and/or Service(s) and all information, content, materials, products and other services provided to you are provided by Dynamic Tank on an “as is” and “as available” basis, unless otherwise specified in writing. Dynamic Tank makes no representations or warranties of any kind, express or implied, as to the operation of the Project(s) and/or Service(s), or the information, content, materials, products or other services included or otherwise made provided to you, unless otherwise specified in writing. You expressly agree that your use of any Project(s) and/or Service(s) provided by Dynamic Tank is at your sole risk.

 

To the full extent permissible by law, Dynamic Tank disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Dynamic Tank will not be liable for any damages of any kind arising from the use of any Project(s) and/or Service(s), including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.  Dynamic Tank shall only be responsible for completing the Project(s) and.or Service(s), as specified in the contract annexed to these terms. 

Products installed by Dynamic Tank are developed and manufactured by third parties, and Dynamic Tank has no responsibility or liability for any aspect of any such Products.  In no event shall Dynamic Tank be liable for damages at an amount greater than the consideration paid for the Project(s) and/or Service(s).  



  1. Disputes; Arbitration.  Any dispute or claim relating in any way to your use of any Dynamic Tank Project(s) and/or Service(s) will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Term & Conditions as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Dynamic Tank at the address provided on your work order.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

  1. Release of Claims.  If the Project(s) and/or Service(s) include Apex Monitoring Membership, Client agrees to release and forever discharge Dynamic Tank, its employees, owners, and members, from any and all claims, demands, damages, actions, causes of action or suits of any kind or nature whatsoever, which Client may now have or may hereafter have, arising out of or in any way relating to any and all injuries and damages of any and every kind, to both person and property, and also any and all injuries and damages that may develop in the future, as a result of or in any way relating to the animal husbandry practices or Client’s responses to any Apex Monitoring Membership notifications.



  1. Governing law.  You agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Dynamic Tank.  Any dispute that may be brought in a court of law pursuant to Paragraph 23 above may only be commenced in a court of the State of New York or in a federal court sitting in New York State and you consent to the jurisdiction to those courts.   



  1. Severability.  If any of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

 

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