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Terms and Conditions of Services

Blue Water Haulers LLC

1. Definitions

  • "Agreement" means these Terms and Conditions of Service.
  • "Client" means the individual or entity contracting for Services from Blue Water Haulers LLC.
  • "Services" means the provision of bulk water delivery by Blue Water Haulers LLC, including transportation and delivery of water to the designated location.
  • "Force Majeure Event" means any event beyond the reasonable control of Blue Water Haulers LLC, including but not limited to acts of God, war, terrorism, civil unrest, strikes, lockouts, labor disputes, fire, flood, earthquake, other natural disasters, government regulations, or shortages of materials or transportation issues.

2. Scope of Services

Blue Water Haulers LLC agrees to provide the Services as specified in the Client's order. Blue Water Haulers LLC reserves the right to refuse service to any location deemed unsafe or inaccessible. The Client is responsible for providing accurate delivery information and ensuring adequate access for delivery vehicles. If delivery location is deemed unsafe or inaccessible by our driver, a fee may be assessed in the amount of $299.00 for an "attempted delivery" and delivery will be denied.

3. Ordering and Payments

  • Orders for Services shall be placed via phone or email.
  • Pricing for Services is subject to change without prior notice. The price quoted at the time of order confirmation shall be the binding price. Price quotes will be honored for no more than 15 calendar days after receipt of the quote.
  • Payment terms are required to be processed before the scheduled delivery. For same day deliveries, payment terms are required to be processed before a truck will be dispatched. Acceptable forms of payment are credit card, debit card, check, wire, and ACH.
  • Overdue payments shall be subject to an initial late fee of $29.99 and daily fees thereafter of no less than $4.99 per day past the due date of the payment after delivery has been made. Payments will be subjected to fees after two (2) calendar days after the due date.
  • Cancellation of Services by the Client within the calendar date of the scheduled delivery may result in a cancellation fee in the amount of $299.00 plus the amount included as the "Admin Fee" that is to be clearly stated on the client's invoice and receipt.

4. Delivery and Water Quality

  • Blue Water Haulers LLC shall make commercially reasonable efforts to deliver the water on the agreed-upon date. However, Blue Water Haulers LLC shall not be liable for delays caused by Force Majeure Events or other circumstances beyond its reasonable control.
  • The Client is responsible for providing a suitable and safe location for water delivery.
  • The Client is responsible for ensuring their water storage tank and all associated equipment are clean, sanitary, and fit to receive potable water. Blue Water Haulers LLC warrants that the water delivered shall meet applicable TCEQ regulations concerning drinking water quality. The cleanliness and integrity of the Client's tank and equipment are assumed at the time of delivery, and Blue Water Haulers LLC shall not be responsible for any contamination or adverse conditions occurring after the water has been discharged from our hose.
  • While every effort will be made to deliver the exact quantity ordered, slight variations may occur due to metering and tank capacities.

5. Emergency Services

Emergency Services provided by Blue Water Haulers LLC are rendered on a strictly non-refundable basis. Blue Water Haulers LLC shall exert commercially reasonable efforts to prioritize and expedite the provision of Emergency Services; however, in the absence of a separate, duly executed Emergency Water Continuity Service Agreement, specific timelines for the commencement or completion of such services are not guaranteed.

6. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BLUE WATER HAULERS LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO ROAD DAMAGE, PROPERTY DAMAGE, LANDSCAPING DAMAGE, LOST PROFITS, LOST REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, EVEN IF BLUE WATER HAULERS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BLUE WATER HAULERS LLC'S TOTAL LIABILITY TO THE CLIENT FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE CLIENT TO BLUE WATER HAULERS LLC FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM.

7. Indemnification

The Client agrees to indemnify, defend, and hold harmless Blue Water Haulers LLC, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with the Client's use of the Services, breach of this Agreement, or negligence.

8. Insurance and Force Majeure

Blue Water Haulers LLC shall maintain appropriate General Liability and Commercial Auto Insurance throughout the duration of the performance of Services. Neither the Client nor the company shall be held liable for any failure or delay in performing obligations under this Agreement if such failure is caused by a Force Majeure Event.

9. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its principles of conflicts of law. Any dispute arising out of or in connection with this Agreement shall be resolved through binding arbitration in Houston, Texas.

10. Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

11. Specific Service Agreements

Notwithstanding Section 10 (Entire Agreement), these Terms and Conditions may be supplemented or modified by a separate, written agreement, such as an emergency service contract or rental contract, duly executed by both Blue Water Haulers LLC and the Client for specific services. In the event of a direct conflict between the terms of this Agreement and a duly executed specific service agreement, the terms of the specific service agreement shall prevail solely with respect to the subject matter of that specific agreement.

12. Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

13. Amendments

Blue Water Haulers LLC reserves the right to amend this Agreement at any time. The most current version of this Agreement will be posted on bluewaterhaulers.com. Continued use of the Services following any amendment constitutes acceptance of the revised Agreement.

14. Contact Information

Company Name: Blue Water Haulers LLC
Address: 250 Assay St, Ste 347, Houston, Texas 77044
Email: Support@bluewaterhaulers.com
Website: bluewaterhaulers.com