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P3 Program Contact
800-227-4224
p3admin@hach.com


www.hach.com

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Hach Company
PO Box 389
Loveland, CO 80539

© Copyright 2007
Hach Company


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Program Rules

Rules for the Hach Premium Points Program (Hach P3)
The following rules ("Program Rules") form the basis of the Hach Premium Points Program ("Hach P3" or "Program"). These rules are intended to protect you, Hach Company ("Hach") and those companies working with Hach to provide Premiums in exchange for earned Points ("Program Affiliates"). Your participation in the Program will be governed by these provisions, and it is your responsibility to read and understand all of them. Further information can be obtained by contacting the Hach P3 Program Administrator.
General Conditions
  1. Membership in the Program is offered at the discretion of Hach. Hach has the right to terminate the Program and to change the Program Rules, the Hach P3 Program Guide, Point levels or any other aspect of the Program, in whole or in part, at any time, with or without notice, even though changes may affect the value of earned Points you have already accumulated. Hach may, among other things, withdraw, limit, modify or cancel any Premium; increase or decrease the number of Points earned by purchasing qualifying products; increase or decrease the number of Points required to earn any Premium; or change the types of Premiums available.
  2. Participation in the Program is subject to your agreement to be bound by the Program Rules. Your agreement must be received by Hach in writing, electronically in a method approved by Hach or, if you contact Hach to enroll in the Program, your first order of a qualifying product made after that contact will constitute your agreement to be bound by the Program Rules. Your participation in the Program does not become effective until your agreement has been accepted by Hach. The date of Hach's acceptance of your agreement is your "Enrollment Date." Hach reserves the right to refuse membership to any person or entity who does not agree to be bound by, or who violates, the Program Rules. Hach also reserves the right to close enrollment in the program at any time. Any failure of a member (or "you") to follow Program Rules, any abuse of the Program or its privileges, or any misrepresentation of any information furnished to Hach or its Program Affiliates by any member or anyone else acting on the member's behalf, may result in the termination of the member's membership, the cancellation of accrued Points, or both. Fraud, abuse, or conduct in violation of applicable laws, regulations or ordinances by members in connection with participation in the Program will be subject to administrative and/or legal action by Hach, including termination of membership and forfeiture of accumulated Points. Membership may also be terminated at any time by Hach in the event a member fails to pay any valid invoice or account when due to Hach or otherwise defaults in performing any other obligation owed by the member to Hach. Nothing contained in these Program Rules shall limit Hach in the exercise of any legal or equitable rights or remedies as a result of any conduct in violation of these Program Rules or applicable law.
  3. Membership in the program is available only to companies in the United States, or individuals who are employees or representatives of companies in the United States, and is free of charge. However, each member may maintain only one account. Duplicate accounts will be subject to cancellation. Only the member named on the account will be entitled to access account information. Employees of Hach, any of its affiliates, any of its distributors or any of its Program Affiliates are not eligible to participate.
  4. Members who are individuals are responsible for adhering to any terms and conditions, rules, regulations, policies and procedures set forth by their employers or any company they represent. It is not the responsibility of Hach to verify that participation in the Program does not violate policies of a member's employer or any company a member represents.
  5. Selection of qualifying Hach products, determination of their Point values, and selection of Premiums is at the sole discretion of Hach.
  6. All interpretations of these Program Rules shall be at the sole discretion of Hach, and all decisions made by Hach with regard to these Program rules shall be final.
Earning Premium Points
  1. Points can be earned only for purchases of qualifying products paid for in full after your Enrollment Date. Points will accrue when an order for a qualifying product is placed, but Points will not be deemed to have been earned until payment in full is received by Hach on or before the date the payment is due. When a qualifying product is returned to Hach, the points earned for the purchase of that product will be forfeited. Hach reserves the right to establish additional means of earning Points, to modify or delete any or all means recognized for earning Points, or to exclude specific products or types of purchases from the Program.
  2. Hach products purchased through negotiated contracts and/or at established discounts are not eligible for the Program or Point accrual. Parts and service are not eligible for Points.
  3. When you place an order with Hach, at the time of your order you must provide either your personal Hach P3 membership number or the group P3 membership number for the company you represent, but not both. Only one P3 membership number per order will be credited with Points. It is your responsibility to provide the appropriate membership number and to inform the customer service associate that the order is being made pursuant to the Program. It is not the responsibility of the Hach customer service associate to request your P3 membership number or verify your membership in the Program. If an order is placed without a valid P3 membership number, Hach reserves the right to refuse credit toward Points at a later date. Once a membership number is assigned to an order, the order may not be transferred to another P3 account.
  4. From time to time, Hach may make special limited offers on certain qualifying products in which the number of Points that can be earned from purchasing those products may be increased. During any such offer, Points will accrue at the level in effect at the time the order is placed, and will be earned at that level as long as Hach receives timely payment in full. Upon expiration of the special limited offer, or if payment in full is not made in a timely manner, the number Points will revert to the level in effect immediately prior to the offer.
  5. Each member is responsible for keeping current on the Program Rules in effect, tracking the number of Points in the member's P3 account, and informing Hach of any change in address or other contact information pertinent to participation in the Program. Periodically, Hach will attempt to transmit account summaries, newsletters and other correspondence and materials to members in good standing, but Hach shall have no liability for any failure to do so. Hach and all other companies associated with Hach P3 will not be responsible for correspondence lost or delayed in the mail.
  6. The earning and redemption of Points are subject to all applicable laws and regulations. Receipt of Premiums may be subject to income or other taxes. Any taxes, and any reports, returns or disclosures related thereto, are the sole responsibility of the member.
  7. Hach will credit members' P3 accounts with Points only according to the terms of these Program Rules. Each member is responsible for ensuring that the member's P3 account is properly credited. Hach reserves the right to revise or correct any Point values or statements printed in error. Points that do not appear on your most recent statement will be reflected on a future statement.
Premium Redemption
  1. Members in good standing may redeem Points for Premiums listed in the official Hach P3 web site. Premiums and their associated point values are subject to change without notice. Redeem your Points on the official Hach P3 web site.
  2. All Premiums are subject to availability from their respective Program Affiliates or their sources or suppliers. Supplies are subject to change without notice. Hach does not guarantee the supply or availability of any Premium supplied by any source other than Hach.
  3. Except as otherwise expressly provided in these Program Rules, redeemed Premiums are not refundable, exchangeable, redeemable or transferable for cash, credit, other Premiums, or Points.
  4. Points earned will continue to accrue if there is activity in the P3 account during a consecutive 15 month period. Account activity includes paid purchases and redemptions. If there is no account activity within a 15 month period, all earned points will be forfeited.
  5. Points have no value other than for redemption for Premiums according to these Program Rules, and may not be redeemed for cash, credit or any other thing of value.
  6. Points earned in two or more different accounts may not be combined to redeem any Premium.
  7. You may redeem only the number of Points you have actually earned. You may not redeem points that have accrued but are not yet deemed earned pursuant to the Program Rules.
  8. No requests for substitutions for Premiums listed in the Hach P3 Program Guide will be accepted.
Other Terms and Conditions
  1. The Program is made available on the express condition and agreement of the members that neither Hach, the Program Affiliates, nor their respective officers, directors, agents or employees (collectively, the "Program Group") shall be liable to any member for any matter related to participation in the Program other than for performance of the obligations expressly created by these Program Rules (the "Program Obligations"). In consideration for the opportunity to participate in the Program, each member agrees that under no circumstance shall the Program Group or any person or entity included therein be liable to the member or any third party for any other loss, damage, claim, injury (including death), accident, delay, irregularity, cost, expense or any other liability whatsoever arising out of, relating to, or resulting from any aspect of a member's participation in the Program, including but not limited to incidents arising from, relating to or resulting from strikes, war, weather, acts of God, quarantines, sickness, accidents, government restrictions or regulations, or from any act or omission of third-parties, nor for any additional costs or expenses due to disruption or change of schedules, rates, or services or for any other cause. All terms and conditions of participation in the Program, and all terms and conditions of the use of any Premium are subject to adjustment at any time without prior notice and are subject to availability. Hach and the Program Affiliates reserve the right to withdraw any or all Premiums should conditions warrant, as well as to refuse to provide Premiums to any person in other than accordance with the Program Rules or applicable laws.
  2. Each Premium is subject only to the warranty provided by the supplier of that Premium. Hach warrants only those Premiums supplied by Hach, and makes no warranties of any kind with respect to any Premium supplied by any party other than Hach. Warranty details are available upon request. No returns or exchanges of Premiums will be accepted, except for those allowed by the manufacturer, Program Affiliate or the applicable warranty. Warranty claims, or any claims for returns or exchanges, must be directed to the appropriate manufacturer or Program Affiliate.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HACH AND EACH OF THE PROGRAM AFFILIATES HEREBY DISCLAIM ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HACH OR ANY PROGRAM AFFILIATE BE LIABLE FOR ANY SPECIAL, INCENDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF THE USE OR INABILITY TO USE ANY PREMIUM AVAILABLE THROUGH THE PROGRAM, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF HACH AND THE PROGRAM AFFILIATES SHALL BE LIMITED TO REPAIR OR REPLACEMENT OF ANY DEFECTIVE MERCHANDISE, OR, IF THE MERCHANDISE CANNOT BE REPAIRED OR REPLACED, PAYMENT OF ITS FAIR MARKET VALUE.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES OR LIABILITIES, THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
  1. Points are not the property of any member. Points are not transferable upon death, as part of a domestic relations matter, by operation of law, or by sale, assignment any other means unless expressly permitted by Hach in writing prior to the proposed transfer. Points that are transferred or otherwise disposed of in violation of the Program Rules are subject to forfeiture, and each member involved in any such violation may be subject to termination of membership in the Program and other penalties or actions contained in these Program Rules.
  2. A member shall be regarded as in good standing for purposes of these Program Rules as long as the member has earned Points within the most recent calendar quarter. Any member who is not in good standing may, at Hach's option, be excluded from receiving account summaries, newsletters, correspondence or other materials of interest, such as notification of special promotions. Any member who has failed to earn Points for a period of six consecutive months may also be excluded from receiving notification of Program changes until the member's account is reactivated by earning points after payment in full or a new order for qualifying products. Membership may be terminated for any member who fails to earn Points within six months after enrollment.
  3. Except as otherwise provided, any member who fails to earn Points or have redemption activity for a period of 15 consecutive months is subject to termination of his or her membership and forfeiture of all earned or accrued Points.
  4. Hach is not responsible for the withdrawal of any Program Affiliate during the term of the Program or afterward, nor for the cancellation of any Premium caused by or resulting from the withdrawal of a Program Affiliate or from any other cause beyond Hach's reasonable control.
  5. If discrepancies arise regarding Points earned but not credited, or in cases where Hach deems verification is required, Hach reserves the right to require written proof from the member, including, but not limited to, copies of invoices and payment receipts verifying that purchases were made according to these Program Rules and that payment in full was made in a timely manner. All discrepancies in accounting for Points, or other accounting irregularities, must be reported to the Hach P3 Program Administrator, together with proof of purchase and payment, within 90 days after the purchase of a qualifying product.
  6. The Points and Premium structures are subject to modification, cancellation or limitation at Hach's discretion, with or without notice. The number of Points required to redeem any Premium may be substantially increased or decreased, any Premium may be withdrawn, and restrictions on any Premium or its redemption may be imposed at any time.
  7. Hach reserves the right to terminate the Program at any time with three months' notice to all then-active members. Members will have 120 days from Hach's notice of termination of the Program to redeem their remaining Points for Premiums. All Points unredeemed as of the conclusion of the 120-day period will be forfeited without compensation or any further obligation or liability, and no Premium claims will be honored thereafter.
  8. If you elect to terminate your membership, you will have 120 days to redeem your Points. Following 120 days, all Points, both earned and accrued, shall be forfeited.
  9. If you have an individual membership in Hach P3 and you leave your company of employment to work for another company, your earned Points will remain with your individual account if you have not terminated your membership and if this result does not conflict with any terms and conditions, rules, regulations, policies and procedures set forth by the company you represent, both currently and formerly.
  10. Points or Premiums may not be combined with any other promotional offer by Hach or the Program Affiliates.
  11. Participation in the Program is void where prohibited by law.
  12. These Program Rules and participation in the Program are governed by and will be construed under the laws of the State of Colorado, excluding its conflicts of law provisions.
  13. All disputes arising under the Program, including but not limited to the application of the Program Rules and the enforceability of this provision, are subject to mandatory arbitration before a single arbitrator in proceedings conducted in Loveland, Colorado and governed by the Federal Arbitration Act, as amended ("FAA"). The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law. The arbitrator shall not be required to apply the state for federal rules of civil procedure or evidence. Exemplary or punitive damages shall not be awarded. At the request of either party made before conclusion of the proceedings, the arbitrator shall provide a brief written explanation of the basis for any award rendered. The arbitrator's decision shall be final and binding except if the amount of the award exceeds $100,000 and a right of appeal is provided by the FAA. This provision shall survive termination of the Program or a member's participation in it.
  14. If any provision of these Program Rules is deemed invalid or unenforceable, it shall not invalidate the remaining portions of these Program Rules or any other agreement between any member and Hach or the Program Affiliates.