Terms and Conditions
Please read these terms and conditions carefully before using our website and services.
1. Acceptance of Terms
By accessing and using this website, you accept and agree to be bound by the terms and provision of this agreement.
2. Use License
Permission is granted to temporarily download one copy of the materials on this website for personal, non-commercial transitory viewing only.
3. Disclaimer
The materials on this website are provided on an “as is” basis. We make no warranties, expressed or implied, and hereby disclaim and negate all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
4. Limitations
In no event shall we or our suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on this website.
5. Revisions
We may revise these terms of service at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
6. Contact Information
If you have any questions about these Terms and Conditions, please contact us.
Limitation of Liability
By purchasing and using pool chemicals and related products from Pool Chem Express (“Company”), the purchaser (“Customer”) agrees to the following terms:
1. Proper Use, Handling & Responsibility
Customer understands and acknowledges that pool chemicals are hazardous materials that require careful handling, storage, and usage. It is the sole responsibility of the Customer to:
- Follow all instructions provided on product labels and Safety Data Sheets (SDS/MSDS).
- Store chemicals in a safe, dry, well-ventilated area away from heat, flame, or unauthorized access.
- Use products only as intended and in accordance with all applicable local, state, and federal laws and regulations.
- Ensure that any individuals handling chemicals are properly trained, informed, and equipped with appropriate safety gear.
2. Distributor Disclaimer
Pool Chem Express acts solely as a reseller/distributor and does not manufacture the chemical products offered. All warranties or guarantees, if any, are those provided by the product manufacturer. Pool Chem Express expressly disclaims any liability arising from manufacturing defects or product performance issues.
3. Emergency Situations
In the event of accidental exposure, chemical spill, or other emergency, Customer agrees to immediately follow the guidance in the product SDS and contact appropriate emergency services. Pool Chem Express does not provide emergency response, on-site safety assessments, or hazardous material remediation.
4. No Warranty for Misuse
Pool Chem Express is not liable for any loss, damage, injury, or consequence resulting from:
- Improper storage, mixing, or handling of chemicals;
- Use of incompatible products together;
- Failure to follow manufacturer directions;
- Use by unqualified or untrained personnel.
Customer accepts full responsibility for all risks associated with the use and storage of chemical products after delivery or pickup.
5. Limitation of Liability
To the fullest extent permitted by law, Pool Chem Express shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including, but not limited to:
- Personal injury or health complications;
- Property damage;
- Equipment or plumbing damage;
- Loss of business, downtime, or financial loss;
- Environmental damage or regulatory penalties.
In no event shall Pool Chem Express’s total liability exceed the purchase price of the product giving rise to the claim.
6. Indemnification
Customer agrees to indemnify, defend, and hold harmless Pool Chem Express, its owners, employees, agents, and affiliates, from and against any and all claims, liabilities, losses, damages, injuries, or expenses (including legal fees) arising out of or connected to:
- The use, handling, storage, or disposal of products;
- Violations of safety practices or legal regulations;
- Any third-party injuries or damages resulting from Customer’s actions or omissions.
7. Age & Competency Requirement
By purchasing, Customer affirms that they are at least 18 years of age, and are competent to safely handle and apply chemical products. Sales are not intended for minors or unqualified individuals.
8. No Returns or Exchanges on Chemicals
All chemical sales are final. Due to health, safety, and regulatory concerns, Pool Chem Express does not accept returns or exchanges on chemical products, unless otherwise required by law. Customers are responsible for verifying product compatibility before purchase.
9. Governing Law & Jurisdiction
These terms shall be governed by and construed in accordance with the laws of the State of Texas. Any disputes shall be resolved exclusively in the courts of Denton County, Texas.
By completing a purchase from Pool Chem Express, the Customer acknowledges that they have read, understood, and agreed to all terms stated above.