These Terms of Service explain the rules for working with Upton Tanks, Inc (“Upton Tanks,” “we,” “us”). By requesting a quote, placing an order, or using our website, you agree to these terms.
Upton Tanks, Inc
(717) 597-9366
upton.tanks@comcast.net
124 South Washington Street, Greencastle, PA 17225
https://uptontanks.com/
We manufacture centralized indoor sumps used with evaporative cooled products (including systems with multiple condensers and coolers). Our products are built for commercial and industrial customers. If you are buying for personal, residential use, tell us upfront so we can confirm fit and safety requirements.
Quotes are based on the information you provide, including system requirements, dimensions, materials (carbon steel or stainless steel), coatings, fittings, and any special options. A quote only covers what is written in it. Anything not listed is not included.
If key details change (site conditions, connections, intended use, water chemistry, flow rates, or installation constraints), the price and lead time may change too. We will confirm changes in writing before moving forward.
An order is not final until we accept it in writing (for example, by order confirmation, approved drawings, or a written acceptance email). If there is a conflict between your purchase order and our documents, our order confirmation and these Terms of Service control unless we agree in writing.
Because many tanks are built to customer specs, changes after approval can add cost and time. If you request a change, we will tell you the impact before we proceed.
You are responsible for giving accurate requirements and for reviewing and approving any drawings, submittals, or specifications we provide. That includes nozzle locations, dimensions, access needs, material selections, and coating selections.
Once you approve drawings or final specs, you are accepting that the build will match those approved documents. If something is wrong, speak up before approval.
Prices are as stated in the written quote or order confirmation. Unless stated otherwise, prices do not include taxes, permits, inspection fees, rigging, installation labor, electrical work, piping, insulation, or site modifications.
You are responsible for any sales, use, VAT, GST, customs duties, brokerage fees, or similar charges that apply to your location (including Canada shipments), unless we agree otherwise in writing.
Payment terms are listed on your quote or invoice. If payment is late, we may pause work, delay shipment, or hold release of product until the account is current. You agree to pay reasonable costs of collection if an account goes unpaid.
Lead times are estimates unless we clearly state a guaranteed ship date in writing. Manufacturing schedules can be affected by material availability, supplier issues, shipping carrier delays, and changes requested after approval.
If you have a hard deadline, tell us before you order so we can confirm what is realistic and put it in writing.
Shipping terms (carrier, method, and freight responsibility) will be listed on your quote or order confirmation. Risk of loss passes based on the shipping terms stated in the order documents.
Please inspect shipments right away. If you see damage, note it on the delivery receipt and contact the carrier and us as soon as possible. Hidden damage should be reported quickly after delivery, according to the carrier’s rules.
Unless we specifically agree in writing, we do not provide installation. Installation must be done by qualified personnel and must follow applicable codes, site safety rules, and the approved drawings.
Our tanks are designed for indoor centralized sump use in evaporative cooled water systems. Using a tank outside the stated design, changing connections in the field without review, or exposing the tank to conditions beyond the design can cause failure and may void warranty coverage.
We build tanks using 100% welded and structurally reinforced plate construction (carbon steel or stainless steel, as specified). Each tank is leak-tested prior to application of interior and exterior coatings as part of our process.
Coating life depends on many factors outside our control, including water chemistry, temperature, cleaning chemicals, and maintenance practices. If you have unusual water conditions or chemical treatment, share that information during quoting so we can recommend options.
Warranty terms, if any, are provided with the quote, order confirmation, or invoice. If no written warranty is provided, the product is sold as specified in the order documents.
Warranty coverage does not include issues caused by misuse, improper installation, unapproved modifications, damage in transit, normal wear, corrosion from water chemistry outside the stated design, freezing due to site conditions, or failure to follow operating and maintenance guidance.
We work hard to prevent downtime and headaches, but we cannot accept every type of loss. To the fullest extent allowed by law, Upton Tanks is not responsible for indirect, special, incidental, or consequential damages. This includes lost profits, lost production, loss of use, or costs tied to shutdowns.
Our total liability for any claim related to an order will not exceed the amount you paid us for the specific product that caused the claim, unless a different limit is required by law.
Custom-built products are generally not returnable. If you want to cancel an order, contact us right away. If we can accept a cancellation, you are responsible for costs already incurred (materials, labor, engineering, and outside services), plus any applicable restocking or disposal fees.
Any return that we approve in writing may be subject to inspection and a restocking charge. Freight is not refundable unless we agree in writing.
Our drawings, quotes, photos, and technical documents are for your review and use only for the project we are working on. They may not be copied, shared, or used to manufacture competing products without our written permission.
You may use our website for lawful purposes and to request information about our products. We can change, suspend, or remove website content at any time. Website content is provided for general information and is not a substitute for project-specific engineering review.
If you contact us by phone or email, you agree that we may respond using the contact details you provide. For details about how we handle information, use the contact information below and we will help.
You are responsible for ensuring your purchase and use comply with laws and regulations that apply to your facility and location. For shipments outside the United States (including Canada), you are responsible for any import requirements unless we agree otherwise in writing.
These terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict of laws rules. Any legal action must be brought in a state or federal court located in Pennsylvania, unless a different venue is required by law.
Before filing a claim, you agree to contact us and give us a fair chance to review the issue and try to resolve it.
We may update these Terms of Service from time to time. The version posted on our website applies to website use. For product orders, the terms in effect at the time we accept your order will apply unless we agree to changes in writing.
Questions about these terms, a quote, or an order should be sent to:
Upton Tanks, Inc
Attn: Barry Thomas
124 South Washington Street, Greencastle, PA 17225
Phone: (717) 597-9366
Email: upton.tanks@comcast.net
