Clear Comfort Complete Care Subscription Terms

Complete Care Agreement

This Complete Care Coverage Agreement (“Agreement”) is entered into between the Customer (“Customer”) and Clear Comfort Water, Inc. (“Manufacturer”)  with respect to the services provided by Manufacturer for an applicable CCW Water Treatment System (“Equipment”). Customer and Manufacturer shall collectively be referred to as “Parties” throughout this Agreement.

1. Term and Automatic Renewal
   This Agreement shall be effective for a period of twelve (12) or thirty (30) months, dependent on the term selection by Customer, commencing on the date of initial payment. This Agreement shall automatically renew for successive twelve (12) or thirty (30) month terms unless properly terminated as stated in this agreement.
2. Services Provided
   Manufacturer agrees to provide services for the Equipment as described below:
   1. Annual replacement of AOP cartridge and replacement tracking
   2. Return shipping on expired AOP cartridges
   3. Replacement of faulty parts for and components for the Equipment’s proper functioning (see Section 5.a)
   4. Pump head service kit for every 3rd cartridge exchange
   5. Priority response to troubleshooting phone calls
3. Use of the Equipment
   1. The Equipment is intended for commercial use and must be used in accordance with all applicable laws and regulations.
   2. Customer understands and acknowledges that the efficiency and performance of the Equipment may be affected by the quality of the source water(s).
   3. Customer must use the Equipment carefully and in compliance with laws, regulations, and the Manufacturer’s instructions. Any alterations or modifications will void the warranty.
4. Limitation of Liability
   1. In no event shall Clear Comfort be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or relating to the use of the Equipment, including any issues resulting from poor water quality.
   2. Clear Comfort is not liable for any damages arising from poor water quality, including but not limited to scale build-up, sedimentation, or corrosive effects.
   3. Customer acknowledges that water treated by the Equipment is not intended for human consumption.
5. Warranty
   1. Component Warranty
   2. Equipment components are covered under Complete Care warranty for the duration of  the term of this Agreement, either twelve (12) or thirty (30) months, contingent upon Customer’s good standing in payment.
   3. If the warranty claim is deemed valid, the manufacturer will, at its discretion, either repair or replace the following defective system or components:
      1. AOP System 
      2. AOP Cartridge
      3. Air Compressor
      4. Air Tubing
      5. Check Valves
      6. Diffusers
      7. Venturi Manifolds
      8. Clamps, Barbs, and Brackets
6. Voiding Warranty
   1. This warranty shall be voided if at any time: 
      1. Customer attempts to make any internal changes to any of the components of the Equipment
      2. the power supplied to any part of the Equipment exceeds the Equipment’s operating parameters
      3. any external device attached by customer creates conditions exceeding the Equipment’s operating parameters
      4. the Equipment is tampered with; or 
      5. the serial number is covered, removed or defaced. 
   2. Clear Comfort, Inc. reserves the right to seek damages if its system is tampered with, reverse engineered, or if the Customer takes any other actions to interfere with the operation or integrity of the Manufacturer’s system.
7. Warranty Exclusions
   1. Misuse or Negligence – The Agreement does not cover damages, malfunctions, or failures resulting from misuse, improper handling, neglect, accident, or unauthorized repairs or modifications. 
   2. Force Majeure Events – The Agreement does not cover damages or failures caused by force majeure events, including but not limited to natural disasters, acts of nature, war, terrorism, or power fluctuations beyond the control of the manufacturer.
   3. Non-Compliance – The warranty does not cover damages or failures of components or accessories that are not manufactured or supplied by the manufacturer. 
   4. Component Warranty – The warranty excludes all components not listed in the coverage section above.
   5. Installation Services – The manufacturer is not responsible for the physical installation and service of the provided Equipment or components 
8. Warranty Claim Process
   1. Reporting a Warranty Claim – In the event of a warranty claim, the Customer must promptly notify the Manufacturer (support@clearcomfort.com) or their authorized representative in writing. The notification should include a detailed description of the issue, the date of discovery, and any relevant supporting documentation. 
   2. Warranty Evaluation – Upon receiving a warranty claim, the Manufacturer will evaluate the claim and may request additional information or arrange for an inspection of the system or affected components, if necessary. 
   3. Warranty Remedies – If the warranty claim is deemed valid, the Manufacturer will, at its discretion, either repair or replace the defective system or components, or provide a refund for the original purchase price. The decision on the appropriate remedy will be based on the nature of the issue and the availability of replacement parts. 
   4. Warranty Returns – To obtain warranty replacements or repair, defective components or parts should be returned, transportation paid, to the place of purchase.
9. Additional Charges:
   Customer acknowledges and agrees that any damages to the Equipment resulting from neglect or misuse on their part shall be their sole responsibility. Manufacturer reserves the right to charge Customer for any additional repairs or replacements required due to Customer’s neglect or misuse.
10. Entire Agreement
    This Agreement constitutes the entire understanding between the Parties concerning the Complete Care program herein and supersedes all prior agreements, understandings, or representations, whether written or oral, relating to the Complete Care program.
11. Termination
    1. Manufacturer reserves the right to terminate this Agreement by providing the Customer with written notice at least thirty (30) days in advance. In such cases, Manufacturer shall refund any prepaid, unused portion of the maintenance fees.
    2. Customer may terminate this Agreement by providing written notice to the Manufacturer at least sixty (60) days prior to the end of each twelve (12) month agreement cycle. Failure to provide timely notice shall result in automatic renewal for the subsequent twelve (12) month term.
12. Indemnification
    The customer agrees to indemnify and hold Clear Comfort, its affiliates, officers, agents, and employees harmless from any claim, demand, or damage, including reasonable attorneys’ fees, arising out of or related to your use of the Equipment, including any issues resulting from poor water quality.
13. Governing Law and Jurisdiction
    This Agreement shall be governed by and construed in accordance with the laws of Delaware. Any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts of Boulder, Colorado.
14. Payment
    1. Customer is responsible for paying the fees as specified in each Order. Payments should be made via credit card or ACH fund transfer. Late payments may incur additional charges.
    2. The customer agrees to pay Clear Comfort for the Product within 15 calendar days of receiving an invoice. The customer is responsible for taxes and charges, except for taxes on Clear Comfort’s income.
15. Delivery, Nonconforming Goods, & Losses and Damages
    1. Delivery of the Product will be done within a reasonable time after Order acceptance. The Manufacturer is not liable for delays, loss, or damage during transit. Customer is responsible for loading costs and providing suitable equipment and labor for receipt of the Product at the designated Delivery Point.
    2. Customer shall report any discrepancies with the packing list within 3 business days of receipt.
    3. Customer must inspect the Product within a specified Inspection Period. Nonconforming Goods should be reported to the Manufacturer within the Inspection Period, and the Manufacturer may choose to replace them or provide a refund. 
    4. Once delivered, Customer bears the risk of loss, theft, damage, or destruction of the Product. Customer remains obligated even in case of loss or damage.
16. Price Adjustment
    Manufacturer reserves the right to adjust the prices for the maintenance services provided under this Agreement. Any price increase shall take effect after the initial twelve (12) or thirty (30) month payment term via this Agreement has passed. Manufacturer agrees to provide Customer with written notice of any price adjustment at least thirty (30) days prior to the effective date of the increase. Customer may terminate this Agreement within fifteen (15) days of receiving the price adjustment notice if they do not wish to accept the new pricing.

    Please review the terms of this Agreement carefully. Customer’s acceptance of the terms can be expressed or implied through payment or receipt and acceptance of the services.

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If you have any questions about these Terms, please contact us.

This agreement was last updated: August 25, 2023