Terms and Conditions
POTABLE WATER TO POOLS, PRIVATE WATER SYSTEMS, PUBLIC WATER SYSTEMS OR FOR OTHER PURPOSES.
All transportation charges from the Makuch Industries, LLC and/or Fortin Pool Water (hereinafter “our,” “we” or “us”) source to point of delivery and return charges to our home office location, or trucking distance elsewhere if so directed, are to be paid by you. Any and all taxes assessed relative to the potable bulk water delivered, including sales tax, are to be paid by you.
While we exercise diligence in obtaining and delivering the highest quality potable bulk water, we shall not be deemed to have made, and we hereby expressly disclaim, any representation or warranty, either express or implied, as to any matter whatsoever, including, without limitation, the condition, performance, or functionality of the potable bulk water, its merchantability or its fitness for any particular purpose, and under no circumstances shall we be liable to you, or anyone else, for any special, punitive, indirect, incidental or consequential damages resulting from, or in any way related, to the potable bulk water, regardless of the legal or equitable theory. We suggest that you obtain all appropriate insurance coverage relative to your swimming pool or water system and the potable bulk water.
You assume full and complete responsibility for complying with any and all applicable laws and regulations relating to receiving the potable bulk water at your point of delivery and all obligations relating thereto. Furthermore, you assume all risk, responsibility, and obligations related to the potable bulk water once it is in your possession or under your custody or control.
You agree to indemnify, defend, release, discharge and hold harmless us and our employees, agents, shareholders, officers, directors, servants, successors, subsidiaries, affiliates and assigns from and against all losses, damages, injuries, claims, demands and expenses, including legal expenses, of whatever nature, arising out of or relating to the delivery of the potable bulk water or the potable bulk water itself, including any and all personal injury or property damage resulting from our negligent acts or omissions. The indemnities and assumptions of liabilities, release, and obligations herein provided shall continue in full force and effect notwithstanding the termination of this agreement, whether by the completion of performance, passage of time, by the operation of law or otherwise. You agree that we are not responsible for the consequences of our own negligence, that is, our failure to use reasonable care in any way.
You agree that all charges for potable bulk water, delivery of the same, and applicable taxes will be paid by you, and that all collection fees, court costs, attorneys’ fees, and any expense involved in the collection of these charges will be borne by you.
You acknowledge your responsibility to provide us with adequate access to your point of delivery on your property. Such means of access should ensure safe and adequate delivery of the potable bulk water, taking into account the weight and size of our delivery equipment. You authorize us to drive on your property in order to deliver the potable bulk water to your point of delivery. You assume full risk of any and all personal injury or property damage resulting therefrom and relieve us from any responsibility for damage related to or arising from our delivery of potable bulk water to your property. Additionally, you acknowledge that we recommend against driving on your lawn or other non-paved areas and certain paved roads, as the size and weight of our delivery equipment may possibly cause damage to the premises and/or adjacent property, buildings, sidewalks, driveways, curbs, etc. If driven across the surfaces. Furthermore, you agree to pay in full for wrecker/tow truck charges, and any and all damage to our delivery equipment incurred from operating on your property.
The gallons listed under “product” and “description” do not necessarily reflect the actual gallons ordered. The gallons shown are primarily for internal use. The delivery pricing is based per load, regardless of the amount, if any, actually used. Once the delivery truck arrives at your premises you are responsible for paying for that load! If anything results in the receptacle no longer being able to be filled, then the full amount for that load will still be due, regardless of amount used.
In the event the person signing this work order is signing this work order and entering into this contract on behalf of a Corporation, LLC, or any other business entity, that person signing on behalf of the Corporation, LLC, or any other business entity represents, and warrants, that this contract was entered into with full authority and due authorization.
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FORTIN WATER CANCELLATION AND RESCHEDULING POLICY
Effective date: 05/01/2025
At Makuch Industries, LLC d/b/a Fortin Water, we strive to provide excellent service and clear terms for our customers. This policy outlines the conditions under which you may cancel services or orders with us.
The fees laid out in this policy have been enacted due to the lost resources allocated to the booking process, and the lost opportunity to book other clients. These financial hardships for the company are created by cancelling or rescheduling without adequate notice. We request that all customers provide advance notice of any required changes to their delivery.
1. General cancellation terms:
Disclosure: By proceeding with a purchase or engaging our services, you acknowledge that you have read, understood, and agreed to this cancellation policy. This policy is made available both in your e-signed invoice, and at www.poolwaternh.com/terms-and-conditions
How to cancel: All cancellation requests must be submitted either in writing or by phone call. You can send your cancellation request via:
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Email: info@makuchindustries.com
Phone: 603-622-6910
Please include your name, address, invoice number, and a clear statement of your intent to cancel.
Acknowledgement of cancellation: We will confirm receipt of your cancellation request within 1 business day. The effective date of cancellation will be the date we receive your request, if made during business hours. If a request is submitted after close-of-business, it will be considered submitted the following business day.
2. Cancellation scenarios
Cancellation 2 business days or more before the scheduled day of service:
Customers may cancel without penalty or fees.
Cancellation the business day before the scheduled day of service:
Cancellations made the business day before the scheduled day of service will result in a fee of 50% of the total of the invoice (for example, if the bottom line of the invoice is $1000, you will owe $500).
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Cancellation the scheduled day of service:
Cancellations made the scheduled day of service will result in a fee of 100% of the total of the invoice (for example, if the bottom line of the invoice is $1000, you will owe $1000).
3. Rescheduling scenarios
Rescheduling 2 business days or more before the scheduled day of service:
Customers may reschedule without penalty or fees.
Rescheduling the business day before the scheduled day of service:
Rescheduling made the business day before the scheduled day of service will result in a fee of 50% of the total of the invoice (for example, if the bottom line of the invoice is $1000, you will owe $500).
If you reschedule a date within 30 calendar days of the original date of service, your rescheduling fee will be credited to your invoice.
Rescheduling the scheduled day of service:
Rescheduling made the scheduled day of service will result in a fee of 100% of the total of the invoice (for example, if the bottom line of the invoice is $1000, you will owe $1000).
If you reschedule a date within 30 calendar days of the original date of service, your rescheduling fee will be credited to your invoice.
4. Fee payment
If a fee is applicable, it is to be paid immediately. If cancelling via email, an agent will reach out to collect payment over the phone. If cancelling via phone call, payment is to be collected during the same call. All fees are to be paid via credit card.
5. Exceptions
Makuch Industries, LLC d/b/a Fortin Water reserves the right to make exceptions to this policy in cases of extreme circumstances, at its sole discretion.
This policy does not limit your rights under the New Hampshire consumer protection act or other applicable laws regarding defective goods or services, or unfair/deceptive trade practices.
5. Contact us
If you have any questions about our cancellation policy, please contact us at:
603-622-6910