Service and Installation Terms
REEFCO AQUARIUM SERVICE, LLC
Master Terms & Conditions
Governing all aquarium design, installation, service, livestock sales, monitoring, and related work
ACCEPTANCE OF TERMS: By signing any quote or proposal, or by submitting any payment to Reefco Aquarium Service, LLC, the Client agrees to be bound by these Terms & Conditions in their entirety. These terms apply to all projects and services whether or not a separate contract is executed. These terms include binding arbitration and limitation of liability provisions — see Sections 18 and 15.
Definition: "Work Order" means any quote, invoice, proposal, or service agreement issued by Reefco Aquariums. References to a Work Order throughout these Terms & Conditions include all such documents.
1. Scope of Work
All services, equipment, and materials to be provided by Reefco Aquariums will be described in the approved quote, proposal, or work order (the "Project" or "Service").
Reefco Aquariums reserves the right to modify equipment specifications if necessary to properly complete the work. Any such modifications will not materially reduce system performance or value. If changes increase cost or alter scope, Client approval will be obtained in writing prior to proceeding.
2. Payment Terms
Payments are due according to the schedule listed on the quote or invoice.
If a credit card is provided, Reefco Aquariums may charge stage payments and final balances automatically according to the payment schedule without further notice.
Final payment for installation projects is due prior to delivery or installation of the aquarium system unless otherwise specified in writing.
If livestock is included in the project, full payment must be received prior to livestock delivery.
All deposits and progress payments are non-refundable unless otherwise stated in writing.
Credit card payments may be subject to a 3% processing fee. Payment by ACH or check is preferred.
If payment is not received when due, Reefco Aquariums reserves the right to suspend work and demand payment in full before continuing.
Termination: Cancellation by Client does not relieve Client of payment obligations for work completed or costs incurred through the termination date.
3. Chargebacks and Payment Disputes
Client agrees not to initiate a credit card chargeback or payment dispute unless Reefco Aquariums is in default of contract.
Client must provide written notice of any dispute and allow Reefco Aquariums ten (10) days to cure before initiating any chargeback or dispute with a payment processor or financial institution.
Any improper chargeback shall constitute a material breach of contract. Client shall be responsible for all related collection costs, legal fees, chargeback fees, and administrative expenses incurred by Reefco Aquariums as a result.
4. Change Orders
Any modification to the agreed scope of work must be approved in writing by both parties prior to work proceeding.
Additional work, unforeseen conditions, or Client-requested changes may result in additional charges and may affect project timelines.
5. Delivery, Installation, and Project Scheduling
Estimated timelines are projections only and may change due to factors outside Reefco's control, including material availability, construction delays, weather conditions, or other unforeseen circumstances.
Installation begins once all equipment selections, design specifications, and site conditions have been approved by the Client.
All electrical work, plumbing work, and structural modifications are the responsibility of the Client unless otherwise specified in writing.
6. Site Readiness
Client is responsible for ensuring the installation site is fully prepared before scheduled delivery or installation. Site readiness includes but is not limited to:
- completed structural reinforcement if required
- electrical service installed and operational
- flooring complete
- clear access pathway and adequate clearance for transport and installation
- operational climate control
If installation cannot proceed due to incomplete site conditions, Reefco Aquariums may charge a failed delivery or mobilization fee. The amount of such fee shall be determined based on aquarium size, crew requirements, equipment used, and time allocated, and shall be due immediately upon invoicing.
7. Storage and Delivery Delays
If delivery or installation is delayed due to Client readiness issues, the following shall apply:
- The remaining contract balance becomes immediately due in full if equipment has been completed and prepared for delivery.
- If delivery is delayed more than thirty (30) days from the agreed delivery date, a storage fee of $150 per week shall apply and continue until delivery occurs. Full payment of the contract balance does not eliminate accrued or ongoing storage fees.
- Reefco Aquariums may relocate stored equipment to a third-party storage facility at Client's expense if delays exceed sixty (60) days.
- If delivery is delayed more than ninety (90) days due to Client delay, Reefco Aquariums reserves the right — after written notice to Client — to treat the equipment as abandoned property and may sell, dispose of, or otherwise transfer the equipment without further liability to Client.
Risk of loss transfers to the Client once equipment is delivered to the site or once the Client takes possession, whichever occurs first. Reefco Aquariums shall not be liable for damage occurring after Client takes possession.
8. Structural Responsibility
Aquariums are extremely heavy structures. Client is solely responsible for ensuring that the installation location can safely support the full weight of the aquarium when filled with water, rock, and equipment. By approving any quote or making any payment, Client confirms the installation location meets this requirement.
Reefco Aquariums is not responsible for structural failure of floors, cabinetry, stands, walls, or building structures.
9. Service Scheduling
Aquarium maintenance services are scheduled based on optimized service routes. Service days or times may change due to route optimization, emergencies, weather, or operational requirements.
Clients requesting dedicated service times or off-route service days may be subject to adjusted service pricing.
Cancellation Notice: Client must provide at least fourteen (14) days' written notice prior to canceling any scheduled service. Failure to do so will result in Client being billed for the next scheduled service and any non-refundable costs already incurred.
10. Aquarium Health and Required Materials
Aquariums are living ecosystems requiring proper materials and maintenance to remain healthy. Reefco Aquariums reserves the right to supply and charge for any materials necessary to maintain the health of the aquarium, including supplements, medications, filtration media, or other critical items.
Reefco Aquariums will not compromise the health of livestock due to cost limitations or refusal of necessary maintenance materials.
A one-time cleaning supply pack may be required at the start of service to prevent cross-contamination between client aquariums. Certain supplies may require replenishment over time and will be billed separately.
11. Client Responsibilities
Client agrees to:
- feed livestock as instructed and maintain proper equipment operation between service visits
- promptly remove deceased livestock to prevent harm to the system
- notify Reefco Aquariums of any equipment malfunction without delay
- obtain written approval from Reefco Aquariums before adding any livestock, invertebrates, or decorations
If Reefco Aquariums must make an unscheduled trip to address issues caused by Client neglect or failure to follow instructions, additional service fees will apply.
12. Environmental Changes
Client must notify Reefco Aquariums at least two (2) weeks in advance of any environmental changes that may affect the aquarium, including pest control or fumigation, painting or construction, HVAC modifications, power outages or electrical work, or plumbing work. Reefco Aquariums must be granted access before and after such work to take necessary precautions.
Failure to provide adequate notice may void livestock guarantees, and Reefco Aquariums will not be responsible for resulting losses or damages.
13. Livestock Guarantee
Reefco Aquariums may offer a limited guarantee on livestock supplied and acclimated by Reefco Aquariums. This guarantee applies only when the aquarium is maintained exclusively by Reefco Aquariums under the recommended service schedule. Guarantee details and coverage period will be outlined in the applicable work order.
Livestock obtained from outside sources or introduced independently by Client is not covered under any guarantee.
Certain species may be classified as restricted due to their sensitive nature and are excluded from any guarantee. Clients requesting restricted species accept full responsibility for their care and survival. A Restricted Species List is available upon request and is subject to change without notice.
14. Emergency Service
Emergency service visits outside of scheduled maintenance may incur additional fees. Standard and after-hours emergency rates will be provided in advance.
Reefco Aquariums will attempt to troubleshoot issues remotely before dispatching emergency service whenever possible.
15. Limitation of Liability
Reefco Aquariums shall not be liable for any property damage, water damage, fire damage, livestock loss, structural damage, or other damages arising directly or indirectly from the operation of aquarium equipment or systems, except in cases of gross negligence by Reefco Aquariums.
All aquarium equipment is manufactured by third parties. Reefco Aquariums assumes no liability for product defects or manufacturer failures.
In no event shall Reefco Aquariums' total liability exceed the amount paid by Client for the specific project or service giving rise to the claim. All services and products are provided on an "as is" and "as available" basis. Reefco Aquariums disclaims all implied warranties, including warranties of merchantability and fitness for a particular purpose, to the fullest extent permitted by law.
If cooling equipment is not installed on the system, Reefco Aquariums will not be liable for operating temperature issues, cost of future cooling installation, or loss of livestock resulting from temperature.
Reefco Aquariums is not responsible for normal operational sounds produced by filtration equipment, or for vibrations on hardwood or solid-surface floors.
Client is responsible for all equipment and materials left on-site between service visits.
16. Controller Monitoring — Release of Claims
If the Project or Service includes an Controller Monitoring Membership, Client agrees to release and forever discharge Reefco Aquarium Service, LLC, its employees, owners, and members from any and all claims, demands, damages, actions, causes of action, or suits of any kind — whether known or unknown, present or future — arising out of or relating to any injuries or damages to person or property resulting from animal husbandry practices or Client's responses (or failure to respond) to any Apex Monitoring Membership notifications.
17. Indemnification
Client agrees to indemnify and hold Reefco Aquariums harmless against all claims, damages, or liabilities arising from:
- Client negligence or failure to follow Reefco's care instructions
- misuse of equipment
- third parties interacting with the aquarium system at Client's direction or with Client's permission
- structural failure of the installation location
18. Arbitration and Dispute Resolution
Any dispute arising from services provided by Reefco Aquariums shall be resolved through binding arbitration rather than court proceedings, except where claims qualify for small claims court. The Federal Arbitration Act and federal arbitration law apply to this agreement.
To begin an arbitration proceeding, Client must send a written letter requesting arbitration and describing the claim to the address listed on the applicable quote or work order.
Arbitration shall be conducted on an individual basis only. Neither party may participate in any class action, consolidated proceeding, or representative action. If any dispute proceeds in court rather than arbitration, both parties waive any right to a jury trial.
Either party may bring suit in court solely to enjoin infringement or misuse of intellectual property rights.
19. Governing Law
These Terms & Conditions are governed by the laws of the State of New Jersey and applicable federal law, without regard to conflict of laws principles.
Any legal proceedings brought in court must be commenced in a state or federal court located within New Jersey. Client consents to the personal jurisdiction of such courts.
20. Price Validity
Quotes issued by Reefco Aquariums are valid for thirty (30) days from the date of issue. If manufacturer pricing changes within this period, Reefco Aquariums reserves the right to adjust equipment pricing accordingly. Labor pricing will remain fixed during the quote validity period.
21. Aquarium Surfaces
Minor scratches on aquarium glass or acrylic surfaces may occur during routine cleaning and maintenance despite reasonable care. Reefco Aquariums shall not be responsible for the repair or replacement of any scratched surfaces.
22. Annual Pricing Adjustments
Service rates may be reviewed annually and adjusted to reflect market conditions, operational costs, or inflation. Reefco Aquariums will provide at least thirty (30) days' written notice of any pricing changes before they take effect.
23. Site Access
Client must provide safe and reasonable access to the aquarium system during all scheduled service visits. If service cannot be performed due to lack of access — including but not limited to locked premises, restricted entry, or failure to provide access within a reasonable time — the visit will be considered completed and billed accordingly.
24. Equipment and Power Failure
Reefco Aquariums shall not be responsible for losses resulting from power outages, equipment failure, pump or heater malfunction, internet or connectivity outages affecting monitoring systems, or any other events beyond its reasonable control. This includes but is not limited to livestock loss, water damage, or system disruption caused by third-party equipment failure.
Client is strongly encouraged to maintain appropriate insurance coverage and consider backup power solutions for critical aquarium systems.
25. Loyalty Program
Aquarium installations, service work, special orders, and installation-related materials are excluded from Reefco Aquariums' showroom loyalty program.
26. Severability
If any portion of these Terms & Conditions is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
ACKNOWLEDGMENT OF TERMS
By signing below, or by signing any quote or proposal, or by submitting any payment to Reefco Aquarium Service, LLC, Client acknowledges that they have read and agree to these Terms & Conditions.
