Terms and Conditions

Effective Date: 16/04/2025

Introduction

These Terms and Conditions (the “Agreement”) govern the use of the services provided by ClearWater Industrial Resources & Specialty Chemicals, including but not limited to water treatment programs, chemical formulations, consulting services, and training. By engaging with our services, you (the “Client”) agree to be bound by these Terms and Conditions.

This Agreement is between the Client and ClearWater Industrial Resources & Specialty Chemicals (referred to herein as “ClearWater,” “we,” “us,” or “our”), located at Box 1241, Crown Point, Indiana 46308, with chemical manufacturing and analysis conducted in Wood Dale, Illinois.

Services Provided

ClearWater offers a variety of services, including but not limited to:

• Boiler Water Treatment
• Cooling Water Treatment
• Wastewater Treatment
• Custom Chemical Formulations
• On-site technical Consultation
• Operator Training & Education

These services are provided per the specifications agreed upon between ClearWater and the Client. Specific terms for each service may be outlined in separate contracts, proposals, or service agreements.

Service Terms

1. Service Delivery: ClearWater will deliver services as outlined in the Client’s request or as agreed upon in writing. The timeline, scope, and cost of services will be discussed and mutually agreed upon before commencement.
2. Changes to Service Scope: Any changes in the scope of services after the initial agreement must be mutually approved and documented in writing.
3. Availability of Services: ClearWater will try to provide services without interruption. However, we are not responsible for delays caused by factors beyond our control, such as natural disasters, equipment malfunctions, or labor strikes.

Pricing and Payment

1. Pricing: The proposal or contract will outline all prices for services provided by ClearWater. Prices may be subject to change due to fluctuations in raw material costs or changes in service scope.
2. Payment Terms: Payment for services is due according to the terms outlined in the Client’s invoice. Payment must be made within the stipulated period. Late payments may incur interest charges or result in the suspension of services.
3. Method of Payment: ClearWater accepts payments through bank transfer, credit card, or other mutually agreed-upon methods.
4. Taxes: The Client is responsible for any applicable sales tax, VAT, or other taxes imposed by relevant authorities for services provided under this Agreement.

Client Responsibilities

1. Information Provision: The Client agrees to provide ClearWater with all necessary information and documentation to deliver services effectively. This includes data on water systems, previous service reports, and other relevant details.
2. Access to Site: The Client must provide ClearWater personnel with safe and adequate access to their facilities, including any required permits or authorizations for work to be performed.
3. Compliance with Laws: The Client is responsible for ensuring that all operations, including the handling and disposal of chemicals, comply with all local, state, and federal environmental regulations.

Confidentiality

ClearWater and the Client agree to maintain the confidentiality of any proprietary or sensitive information exchanged during business. This includes, but is not limited to, water treatment formulas, technical reports, and business strategies. This confidentiality obligation will survive the termination of this Agreement.

Intellectual Property

1. Ownership: All intellectual property, including but not limited to chemical formulations, training materials, software, and proprietary processes, remains the exclusive property of ClearWater unless otherwise agreed upon in writing.
2. Usage Rights: The Client is granted a limited, non-transferable license to use any proprietary information or materials provided by ClearWater solely for water treatment or related activities during the term of the service agreement.

Warranties and Limitation of Liability

1. Warranty: ClearWater warrants that services will be provided in a professional and workmanlike manner. We make no other warranties, express or implied, except as explicitly stated in the service agreement.
2. Limitation of Liability: ClearWater’s liability for any claim arising under this Agreement shall be limited to the total amount paid by the Client for the specific service(s) at issue. Will ClearWater not be liable for indirect, incidental, or consequential damages, including lost profits or business interruption?
3. Force Majeure: ClearWater shall not be held responsible for failure or delay in performance due to circumstances beyond our control, including but not limited to natural disasters, government actions, or labor disputes.

Termination

1. Termination by Client: The Client may terminate this Agreement at any time by providing written notice to ClearWater. If services have been rendered, the Client will be liable for payment for services provided up to termination.
2. Termination by ClearWater: ClearWater reserves the right to terminate this Agreement if the Client fails to fulfill their obligations, including making timely payments or providing necessary information for service delivery.
3. Effect of Termination: All outstanding payments for services rendered will become immediately due upon termination. The Client must cease using any proprietary materials provided by ClearWater and return or destroy them as instructed.

Indemnification

The Client agrees to indemnify, defend, and hold harmless ClearWater, its officers, employees, and agents from any claims, damages, or liabilities arising from the Client’s breach of this Agreement, misuse of services, or failure to comply with applicable laws and regulations.

Governing Law and Dispute Resolution

1. Governing Law: This Agreement shall be governed by and construed by the laws of the State of Indiana, USA, without regard to its conflicts of law provisions.
2. Dispute Resolution: In the event of a dispute, both parties agree to attempt to resolve the matter through informal negotiation. If the dispute cannot be resolved informally, the matter will be submitted to binding arbitration under the rules of the American Arbitration Association.

General Provisions

1. Entire Agreement: This Agreement constitutes the entire understanding between the parties and supersedes all prior written or oral agreements regarding the subject matter.
2. Amendments: ClearWater reserves the right to amend these Terms and Conditions anytime. Any changes will be posted on the ClearWater website and will become effective immediately upon posting.
3. Severability: If any provision of this Agreement is invalid or unenforceable, the remainder will remain in full force and effect.
4. Assignment: Neither party may assign or transfer its rights or obligations under this Agreement without the other party’s prior written consent.

Contact Us

If you have any questions or concerns about this Privacy Policy, please contact us:

ClearWater Industrial Resources & Specialty Chemicals

Box 1241, Crown Point, Indiana 46308

Email: [email protected]

Phone:  (219) 290-5668

By using our services, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.