Terms of Sale
PENTAIR ROCEAN TERMS AND CONDITIONS OF SALE
Agreement Date: 3/16/2022
This is a legally binding contract. Please read it carefully before making your purchase.
CALIFORNIA RESIDENTS AND CONSUMERS WHO HAVE RECEIVED A SALES PRESENTATION OR SOLICITATION AT HOME: You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction, or the fifth business day if you are aged 65 or older. See the attached notice of cancellation form for an explanation of this right.
These Pentair Rocean Terms and Conditions of Sale (the “Terms and Conditions”) are a legally binding agreement between you and Be the Change Labs, inc, LLC dba Pentair Rocean (together with any of its affiliates, successors or assignees “Pentair,” “we,” “us,” or “our”) at 5500 Wayzata Blvd., Suite 900 Golden Valley, MN 55416. The words “you” and “your” mean the person purchasing goods from us.
THESE TERMS AND CONDITIONS INCLUDE AN ARBITRATION PROVISION. EITHER YOU OR WE MAY ELECT TO HAVE ANY DISPUTE (DESCRIBED IN THE ARBITRATION PROVISION) SUBMITTED TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT OR BEFORE A JURY. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS A MEMBER OF A CLASS ACTION. YOU HAVE A RIGHT TO REJECT THE ARBITRATION PROVISION AS DESCRIBED IN THE ARBITRATION PROVISION BELOW.
Acceptance of Terms and Conditions
Please read these Terms and Conditions carefully. By checking the “I have read and Agree to the Terms and Conditions of Sale” box and clicking the “Place Order” button appearing on the checkout page, you are indicating that you agree to be bound by these Terms and Conditions. Your purchase of goods and/or services from us is subject to these Terms and Conditions. If you do not agree with these Terms and Conditions, do not proceed with your purchase.
Eligibility to Purchase; Minors; No Resale or Export
The Pentair Rocean website (the “Website”) is not targeted towards, nor intended for use by, anyone under the age of 16. You must be at least 18 years of age or the legal age to form a binding contract with us, whichever is greater, to place an order. You represent and warrant that you are buying the goods and/or services (“Products”) for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the United States. If we believe you are engaging in the resale or export of Products, we may, without limitation, restrict sales to you, cancel your orders, and/or suspend or close your account.
Placing an Order
By selecting Products, placing them in your checkout cart (“Cart”), authorizing payment, agreeing to these Terms and Conditions, and clicking the “Place Order” button, you are placing an order for the Products in your Cart. We will begin processing your order once it has been placed. We will send an order confirmation to you at the email address you provide during the checkout process after we have accepted your order. We reserve the right to cancel any order you place for any reason including, without limitation, the Product is unavailable, your billing information cannot be processed, we identify your order as being fraudulent, we believe you are a reseller, there was a pricing error, we are unable to deliver the Products to you, or due to events occurring that are outside of our control.
Website Accuracy; Pricing
We strive to display our prices, products and availability without error on the Website. Despite these efforts, there may be instances where Products on the Website may be mispriced, described inaccurately, or unavailable. Because of this, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, or product availability. Subject to applicable law, if we make a typographical error or if there are any inaccuracies or omissions on our Website, including those related to pricing, promotions, discounts, product descriptions or availability, we reserve the right to correct such error, inaccuracy, or omission and/or cancel your order without providing notice to you. If we determine that there were inaccuracies relating to a product in an order you have placed, we may cancel your order and notify you of such cancellation via email. Moreover, with respect to shipping to a Canadian address, additional Import Charges (as defined below) will NOT appear in your Cart.
Prices appearing on the Website do not reflect sales taxes or charges for shipping, if any. Charges for sales taxes and shipping, if any, will appear in your Cart before you place your order. Prices, discounts, and promotions are subject to change without notice.
We may offer promotions from time-to-time. Any promotion we offer will be subject to additional terms and conditions. If there is a conflict between the terms and conditions for a promotion and these Terms and Conditions, except with regard to the Arbitration Provision, the promotion’s terms and conditions will govern.
You represent and warrant that any payment information you supply to us is true, correct and complete, and that you are authorized to use any card or account you provide to us.
We only ship to addresses in the United States, including Puerto Rico. Orders shipped to US addresses are shipped via USPS, UPS or FedEx and should ship expedited with an estimated 2-3 day shipping time. For PO boxes and APOs, the orders will ship USPS.
Once your order has shipped, we will send a tracking number to the email address you provide at checkout if possible. Sometimes tracking information will not be available due to the timing of tracking-database updates by the carrier, or the sophistication of a particular carrier’s tracking system, or the lack of full integration into our tracking systems. Delivery dates are estimates. We are not liable for any delays in delivery.
Occasionally packages are returned to us as undeliverable. When the carrier returns an undeliverable package to us, we will cancel your order and refund your purchase price minus all shipping costs if the carrier is unable to deliver the package due to an error that is not caused by us (for example, you provide an incorrect shipping address or the delivery company is unable to deliver to your address after trying to contact you). Please contact us with any questions regarding undelivered items.
We are unable to re-ship orders that are returned to us as undeliverable. If you would still like to purchase items that were undeliverable, you are welcome to place a new order on our website.
Carriers are responsible for goods lost or damaged in transit. If any Product arrives damaged or any item is missing from your shipment, immediately contact Customer Service at : 1-888-764-3879. We may request photos of the damage. If a Product is lost in transit and undelivered, please contact us to arrange for a replacement item or a refund. All damaged or lost package/Product claims on deliveries must be made within 10 days of delivery. Please note that lost package investigations can take up to 5 business days to process, damage claims can take up to 14 days to process.
Risk of Loss
Except as otherwise set forth herein, title to the Products and risk of loss passes to you once we provide the Products to the carrier. The fact that Pentair Rocean may contract for carriage, strictly on your behalf and solely for your account, shall not have any impact on the place of legal delivery or the transfer of title and risk of loss as provided for herein.
Importation of Products in Canada
If the Products are being shipped to a final destination in Canada, you shall be responsible to carry out all customs formalities as importer of record for the importation of the Products in Canada (unless a customs broker (or common carrier acting as customs broker) carries out such formalities on your behalf). For greater certainty, you shall be liable to pay any additional customs duties, fees, taxes or any other charges imposed by the customs authorities in Canada on the transactions contemplated herein as well as any customs brokerage fees and taxes (collectively, the “Import Charges”). For greater certainty, these additional Import Charges will NOT appear in your Cart and Pentair cannot be held responsible for any such additional Import Charges charged to you. You agree and acknowledge that you shall not be acting as agent or on behalf of Pentair with respect to the importation of the Products in Canada as importer of record. Moreover, you shall indemnify and hold harmless Pentair from any duties, fees, taxes or other charges (including any anti-dumping duties or countervailing duties), interest, penalties and other amounts that may be assessed against Pentair as a consequence of the importation of the Products by you in Canada.
Subject to any longer period permitted by applicable law, you may cancel your order if it has not entered the shipping process by calling Customer Service at 888-764-3879. Your order may not be cancelled once it has entered the shipping process. Subject to applicable law, custom, high flow, estate or special order Products, which are made to order, may not be cancelled by you after the order has been placed.
Notwithstanding the restrictions above, if you placed your order pursuant to a presentation or solicitation at your home or anywhere away from our typical business locations, or if you are a California resident, you have additional cancellation rights set forth in our Cancellation Notice and referenced at the top of these Terms and Conditions, which is incorporated by reference.
Returns and Restocking Fees
In order to process a return, you must follow the return procedures set forth on the Website at https://pentairrocean.com/pages/returns
Should a customer wish to return their product, they may do so no questions asked for 30 days after purchase.
You will bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. Taxes, brokerage, shipping, customs and border crossing fees on shipments as well as Import Charges paid upon purchase are not refundable. All returns will be inspected for completeness and damage. Products that have been altered or changed from their original manufacturer build and specs are not returnable.
Maintenance of Products –
It is important to maintain any water treatment device you purchase from us according to the manufacturer’s instructions, including, if applicable, replacement of screens and filters.
Installation of Products
You understand and agree that you are solely responsible for the installation of any Products you purchase from us.
Exchanges; Defective Products
If you received a defective Product and need to exchange it for the same Product, contact customer service to setup an exchange. Customer service will send you a prepaid return label to have the faulty item returned or may setup a pickup. Once customer service has confirmed the carrier has picked up the faulty package or that it has been dropped off to the carrier, a new shipment will be sent.
If you would like to exchange a defective Product for a different one or return it, please return the original following our return policy and place another order for the item you wish to purchase. We will not charge a restocking fee and we will send you a prepaid shipping label or otherwise arrange shipping. You do not have to wait for us to receive the original item before placing the new order.
The limited warranties applicable to Products purchased from us are set forth in the applicable Product manual provided with the Product, which is incorporated by reference, or available at https://pentairrocean.com/pages/pentair-rocean-warranty
We respect your privacy and are committed to protecting it. Our Privacy Notice, https://pentairrocean.com/pages/privacy-policy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Website and is incorporated by reference.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms and Conditions, for any failure or delay in our performance under these Term and Conditions when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
These Terms and Conditions are governed by applicable United States federal law. To the extent state law applies, the law of the state of Delaware shall apply without regard to conflicts of law principles thereof.
If you are placing this order on behalf of a company or organization, you affirm that you have the legal authority to bind such company or organization to these Terms and Conditions.
Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE WEBSITE AND THE PRODUCTS IS ENTIRELY AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT IS WITH YOU. SHOULD THE PRODUCT PROVE DEFECTIVE FOLLOWING YOUR PURCHASE, YOU, AND NOT THE MANUFACTURER, DISTRIBUTER, OR RETAILER, ASSUME THE ENTIRE COST OF NECESSARY SERVICING OR REPAIR, SUBJECT TO OUR DEFECTIVE PRODUCTS POLICY ABOVE. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. WE MAKE NO WARRANTY THAT (i) THE PRODUCT WILL MEET YOUR REQUIREMENTS, (ii) THAT OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE CONTENT, DATA, OR RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE. WE UNDERTAKE NO OBLIGATION TO UPDATE THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY REGARDING THE PRODUCTS OR THE WEBSITE NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. YOU UNDERSTAND AND ACKNOWLEDGE THAT ADDITIONAL DISCLAIMERS, LIMITATIONS, AND NOTICES REGARDING THE WEBSITE AND PRODUCTS MAY BE PROVIDED BY US FROM TIME TO TIME.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL WE BE RESPONSIBLE FOR ANY LOSS OF ANY KIND, INCLUDING LOSS ASSOCIATED WITH THE PRODUCTS OR THEIR INSTALLATION, ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM OR MOBILE DEVICE, PROPERTY DAMAGE, AND BODILY INJURY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PENTAIR ROCEAN AND ITS AFFILIATES AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE PRODUCTS OR THE WEBSITE OR ANY OTHER MATTER RELATING TO THE WEBSITE AND PRODUCTS.
You acknowledge and agree that water quality conditions vary by area and that product performance is affected by these variables. For optimum performance and prior to ordering a product, you must verify that your water conditions meet Pentair Rocean’s recommended specifications for a specified product. An additional or other product may be required to make the water solution successful.
Communicating with You via Telephone and Text Message; Call Recording
You agree that we and our affiliates, agents, representatives, assignees and servicers/service providers (collectively, the "Messaging Parties") may provide you communications about your order(s) through telephone calls and text messages. This includes any communications regarding your orders(s), including to collect amounts you owe relating to your order(s) and important information relating to your purchased Products, such as recall information. These messages may be initiated by the Messaging Parties to any mobile phone or landline number you provide to us and may be initiated through the use of an automatic telephone dialing systems and/or pre-recorded or artificial voice message. Standard mobile, message, or data rates may apply and you are responsible for any such fees. You understand that anyone with access to your phone may listen to or read the messages the Messaging Parties leave or send you, and you agree that the Messaging Parties will have no liability for anyone accessing such messages. You understand and agree that the Messaging Parties may, without further notice or warning, as permitted by applicable law and at our discretion, monitor or record phone conversations you or anyone acting on your behalf has with the Messaging Parties for quality control, training purposes, research, or for its own protection. Not all phone lines or calls may be recorded, and we do not guarantee that recordings of any particular phone calls will be retained or retrievable. To the extent you have the right under applicable law to revoke this authorization, you agree you may do so only by calling us at 877-842-1635 or, as it relates to text messages, reply to any text message we send to you with the word “STOP.”
Consent to Electronic Communications
Consent; Scope of Electronic Communications
You agree to the use of electronic Communications and that you and we may transact business electronically through the Website and via email. We may be required by law to give you certain information “in writing.” We need your consent to give you this information electronically. “Communications” means each disclosure, notice, agreement, pricing schedule, record, warranty, document or other information we provide to you throughout the duration of our relationship, or that you sign or submit or agree to at our request. You agree that any of the Communications we provide to you, or that you sign or agree to at our request, may be in electronic form. We may also use electronic signatures and obtain them from you in our dealings with you. Your consent applies to all of your transactions with us.
Communications may be provided on our Website and/or through email. We may also post Communications to our Website and send you an email notifying you that a Communication has been posted. You agree to review such Communications upon receipt of such email notification. We may always, in our sole discretion, provide you with any Communications on paper, even if you have authorized electronic delivery.
Maintaining an Up-to-Date Email Address
Because we may send Communications to you via email, it is important that you keep your account profile up to date. The email address in your account profile must be current for you to receive any notifications or Communications that we may send to you by email. If you need to update the information needed to contact you electronically, you may do so by contacting Customer Service at 888-764-3879.
Requesting Paper Copies of Electronic Communications
If, after you consent to receive electronic Communications, you would like a paper copy of a Communication we previously sent you electronically, you may request a paper copy by calling us at 888-764-3879 5500 Wayzata Blvd., Suite 900 Golden Valley, MN 55416. Requests for paper copies must be made within a reasonable time after we first provided the electronic Communication to you. You will not be charged a fee if you request a paper copy of a Communication. We will send your paper copy to you by U.S. mail. In order for us to send you paper copies, you provide us with a valid physical address in the United States.
Hardware and Software Requirements
To access and retain electronic Communications, you will need:
- An Internet connection;
- A Current Version (defined below) of Internet Explorer, Edge, Chrome, Safari or Firefox;
- A Current Version of a program that accurately reads and displays PDF files;
- A valid email address;
- A computer and an operating system capable of supporting all of the above; and
- Sufficient storage space to save Communications or an installed printer to print them.
By "Current Version," we mean a version of the software that is currently being supported by its publisher. We reserve the right to discontinue support of a Current Version of any software if, in our sole opinion, it suffers from a security flaw or other flaw that makes it unsuitable for use. By consenting, you are confirming that you meet the hardware and software requirements above.
We will notify you if there are any material changes to the hardware or software needed to receive electronic Communications from us. Continuing to access the Website after receiving notice of the change is reaffirmation of your consent.
How to Withdraw your Consent
You may withdraw your consent to receive electronic Communications by writing to: 5500 Wayzata Blvd., Suite 900 Golden Valley, MN 55416Include your name, email address and account number in any such request and please indicate that you are withdrawing your consent to receive electronic Communications from us. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your withdrawal. We will not impose any fee to process the withdrawal of your consent to receive electronic Communications; however, your access and use of the Website. Withdrawal of your consent will not affect, the terms or validity of any order you have made, any previously provided or agreed upon Communications, or your agreement to these Terms and Conditions.
We encourage you to print or download for your records a copy of all electronic Communications, as well as this Consent to Electronic Communications and any other document that is important to you.
Termination and Changes
We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.
AGREEMENT TO ARBITRATE DISPUTES
You agree that unless you reject these Terms and Conditions to Arbitrate Disputes (“Arbitration Provision”) as described below, you and Pentair Rocean may elect to have any and all claims arising from or relating to these Terms and Conditions, your relationship with Pentair Rocean, or any service provided to you by Pentair Rocean, its employees, directors, officers, shareholders, members, representatives, and agents, and any person or entity that you or we assert is potentially liable for the conduct at issue, including without limitation claims relating to privacy, customer information and the processing of an order, submitted to binding arbitration under the Federal Arbitration Act (“FAA”). This includes claims based on contract, tort, equity, statute, or otherwise; however, claims regarding the scope and enforceability of this arbitration provision shall be determined by a court. Individual small claims court actions are not subject to this Arbitration Provision as long as they remain in that court.
If arbitration is elected, a single Arbitrator shall decide all claims and shall render a final, written decision. You may choose the American Arbitration Association (“AAA”), Judicial Arbitration and Mediation Service (“JAMS”), or other similar arbitration service provider acceptable to Pentair Rocean to administer the arbitration. If none of them can serve, a court with jurisdiction will select the arbitrator. Consistent with the FAA, the appropriate AAA rules, JAMS rules, or other service provider rules shall apply, as determined by the Arbitrator. For AAA and JAMS, these rules are found at www.adr.org and www.jamsadr.com. No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to these Terms and Conditions.
Each party to the arbitration shall pay his, her, or its own costs of arbitration as specified by the relevant rules. If you cannot afford your arbitration costs, you may apply for a waiver under the relevant rules. We will pay all filing, administrative, and hearing fees if you cannot get a waiver of such fees, and ask us to pay. If you win an arbitration, we will pay the reasonable fees and costs for your attorneys, experts, and witnesses. We will also pay these amounts if required under applicable law or the arbitration company's rules or if payment is required to enforce this clause.
If a claim is arbitrated, the parties waive any right to a jury trial. They also waive any right to bring representative claims in court or in arbitration on behalf of a class of individuals, on behalf of the public, as a private attorney general, or otherwise or to join or consolidate claims (the “class action waiver”).
This arbitration provision may be severed or modified if necessary to render it enforceable under the FAA, except that: (A) if the class action waiver is declared invalid in a proceeding between you and us, without in any way impairing the right to appeal such decision, this entire arbitration provision (other than this sentence) shall be null and void in such proceeding; and (B) if a claim is brought seeking public injunctive relief and a court determines that the restrictions in the class action waiver or elsewhere in this Arbitration Provision prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such claim (and that determination becomes final after all appeals have been exhausted), the claim for public injunctive relief will be determined in court and any individual claims seeking monetary relief will be arbitrated. In such a case the parties will request that the court stay the claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court.
RIGHT TO REJECT ARBITRATION PROVISION: You may reject this Arbitration Provision by mailing a signed rejection notice to 5500 Wayzata Blvd., Suite 900 Golden Valley, MN 55416 within thirty (30) calendar days after the date you agree to these Terms and Conditions. Any rejection notice must include your name, address, email address, and telephone number and a statement that you reject the Arbitration Provision in the Pentair Terms and Conditions of Sale. If you reject this Arbitration Provision, it will not affect any other part of these Terms and Conditions.
Pre-arbitration notice. Prior to commencing arbitration against Pentair Rocean, its agents, employees, successors, assigns, affiliates, suppliers (including the manufacturers of the products purchased in connection with these Terms and Conditions), or independent contractors, you must first send a written “Notice of Claim” via certified mail to Pentair. The Notice of Claim must be sent to Pentair Rocean at 5500 Wayzata Boulevard, Suite 900, Golden Valley MN 55416, Attn: Legal Department. The Notice of Claim must describe the nature and basis for the claim and the relief sought on an individualized basis. Your Notice of Claim must be limited to the details of your claim and not the claims of any other person. If you and Pentair Rocean are unable to resolve the Dispute within thirty (30) its agents, employees, successors, assigns, affiliates, suppliers (including the manufacturers of the products purchased in connection with these Terms and Conditions), or independent contractors days thereafter, then either Party may commence arbitration as set forth below.
You will not assign any of your rights or delegate any of your obligations under these Terms and Conditions without our prior written consent. Any purported assignment or delegation without our prior written consent is null and void. No assignment or delegation relieves you of any of your obligations under these Terms and Conditions unless we expressly agree otherwise in writing.
The failure by us to enforce any right or provision of these Terms and Conditions will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Pentair Rocean.
No Third-Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
We may provide any notice to you under these Terms and Conditions by: (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
Unless otherwise set forth in these Terms and Conditions, to give us notice to us, you must contact us by personal delivery, overnight courier, or registered or certified mail to Pentair Rocean 5500 Wayzata Blvd., Suite 900 Golden Valley, MN 55416. We may update the address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective when they are received by us.
Except as otherwise set forth in the Arbitration Provision, if any provision of these Terms and Conditions is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and Conditions and will not affect the validity or enforceability of the remaining provisions of these Terms and Conditions.
Entire Agreement; Modifications
These Terms and Conditions, including the terms of any document incorporated by reference, constitute the entire agreement concerning your order and supersedes all prior agreements concerning this subject matter, either written or oral. Any modifications to these Terms and Conditions must be in writing and signed by both you and us.