TERMS AND CONDITIONS

Notice: By placing an order via telephone or through this website, you acknowledge that you have read, understood, and agree to be legally bound by the following Terms and Conditions, which shall govern all purchases of goods or services from Seller.

1. Sales and Returns
1.1 Finality of Sale. All sales are final in circumstances where the Purchaser undertakes the installation of the system or equipment.

1.2 DIY Equipment Sales. Purchaser acknowledges and agrees that equipment sold hereunder is provided as a do-it-yourself (DIY) product. Purchaser assumes all responsibility and liability for installation, operation, and maintenance of the equipment, including compliance with applicable safety standards, building codes, and manufacturer instructions. Seller expressly disclaims any responsibility or liability for injuries, damages, or losses arising out of or related to Purchaser’s installation or use of the equipment.

1.3 Mandatory Leak Detection System. Purchaser further acknowledges and agrees that all installations require the installation of a Water Cop Leak Detection System prior to system start-up. Failure to install such device shall void any and all warranties and releases Seller from any responsibility for damages arising from leaks, flooding, or related water damage.

1.4 Indemnification. Purchaser shall defend, indemnify, and hold harmless Seller, its officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) Purchaser’s installation, operation, or use of the equipment; (b) Any leaks, flooding, or water damage, whether or not caused by improper installation; and (c) Purchaser’s failure to install or properly maintain the required Water Cop Leak Detection System.

1.5 Return Policy. Except as expressly provided herein, no returns shall be accepted absent Seller’s prior written consent, which may be granted or withheld at Seller’s sole discretion and may be subject to restocking charges, freight charges, and other conditions as determined on a case-by-case basis.

1.6 Limited Warranty. Seller warrants that goods supplied shall be free from defects in material and workmanship under normal use and service for the period specified by the manufacturer, if any. This limited warranty expressly excludes labor costs, incidental or consequential damages, and any guarantee of minimum or maximum performance levels.

2. Product Information and Responsibility
2.1 Accuracy of Information. While Seller endeavors in good faith to furnish accurate and up-to-date information, Seller makes no representation or warranty, express or implied, as to the completeness, accuracy, or reliability of any product descriptions, specifications, or related materials.

2.2 Purchaser’s Obligations. Purchaser assumes full responsibility for: (a) Compliance with all applicable building codes, laws, and regulations; (b) Selection of appropriate goods for Purchaser’s intended application; and (c) Determination of fitness or suitability of the goods for such application.

2.3 Substitutions. Seller reserves the right, without prior notice, to substitute goods or components with equivalent items of equal or superior quality and function.

2.4 Additional Limitations. Additional restrictions, disclaimers, and limitations may apply and shall be incorporated herein by reference.

3. Taxes
3.1 Sales and Use Tax. Unless otherwise required by law, Seller does not withhold, collect, or remit sales tax on transactions. Purchaser acknowledges and agrees that it is solely responsible for determining, reporting, and remitting all applicable sales, use, excise, or other taxes, duties, or governmental fees arising from the purchase of equipment.

3.2 Place of Delivery. Purchaser is specifically obligated to pay and remit sales or use tax in the jurisdiction in which the equipment is delivered or installed.

4. Exclusive Jurisdiction and Venue
4.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of Collier County in the State of Florida, without regard to conflict-of-law principles.

4.2 Forum Selection. The Parties irrevocably agree that any dispute, controversy, or claim arising out of or relating to this Agreement, including its interpretation, performance, or enforcement, shall be brought exclusively in the state or federal courts sitting in Collier County, Florida.

4.3 Waiver of Objections. Each Party knowingly and voluntarily waives any objection to venue or jurisdiction, including but not limited to objections based on the doctrine of forum non conveniens.

4.4 Acknowledgement. The Parties acknowledge that this jurisdictional clause has been negotiated at arm’s length and forms an essential basis of the bargain.

5. Privacy Policy
5.1 Collection and Use. Personal information provided by Purchaser (including but not limited to name, address, telephone number, and credit card information) shall be maintained in secure, restricted systems solely for the purpose of fulfilling orders and providing related customer service.

5.2 Non-Disclosure. Seller shall not sell, lease, or otherwise transfer Purchaser’s personal information to any third party for marketing purposes.

5.3 Confidentiality. Purchaser’s data shall be used only in accordance with applicable law and Seller’s internal privacy practices.

6. Security
6.1 Encryption. The protection of Purchaser’s information is of paramount importance to Seller. All online transactions are secured using industry-standard Transport Layer Security (TLS 1.3) with 256-bit Advanced Encryption Standard (AES) encryption. This level of encryption is designed to safeguard order information against interception, unauthorized access, or decoding by any party other than Seller.

6.2 Disclaimer. While Seller employs industry-standard safeguards, Seller does not and cannot guarantee absolute security of electronic communications or stored information. Purchaser acknowledges and accepts this residual risk as inherent to electronic commerce.

7. Warranty Disclaimer and Limitation of Liability
7.1 Disclaimer of Implied Warranties. Except as expressly set forth in Section 1.6, Seller disclaims all warranties, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

7.2 Exclusion of Damages. To the fullest extent permitted by law, Seller shall not be liable for any indirect, incidental, consequential, punitive, or special damages of any kind (including, without limitation, loss of profits, business interruption, or damage to property) arising out of or relating to the sale, installation, use, or performance of the equipment, whether based on warranty, contract, tort, or any other legal theory, even if Seller has been advised of the possibility of such damages.

7.3 Limitation of Direct Damages. Seller’s total aggregate liability for any claim, loss, or damage, whether in contract, tort, or otherwise, shall not exceed the purchase price actually paid by Purchaser for the specific equipment giving rise to the claim.

7.4 Essential Purpose. Purchaser acknowledges and agrees that the limitations set forth in this Section are fundamental elements of the basis of the bargain between Purchaser and Seller, and that the pricing of goods reflects such allocation of risk.

End of Terms and Conditions

Acknowledgement and Acceptance

By signing below, Purchaser acknowledges that they have read, understood, and agree to be bound by the foregoing Terms and Conditions. Purchaser further acknowledges that these Terms and Conditions constitute a legally binding agreement.

Purchaser: _______________________________ Date: ____________

Seller: _________________________________ Date: ____________