These terms and conditions apply to all goods and/or services offered through this website. Solvedify products are provided under the Solvedify brand and system. All transactions and payments are processed by Odor Control Systems LLC (“Seller”), which is responsible for all orders placed through this website.

Odor Control Systems LLC and the Buyers agree that the following terms and conditions will apply to all goods and/or services sold to the Buyer. All goods and/or services are sold by the Seller to the Buyer on the subsequent terms and conditions:

Proposals and Purchase Orders.

A. The terms and conditions set forth herein can be revised or revoked only in writing and signed by the Seller. No term, provision, or condition stated by the buyer in a purchase order or elsewhere will be binding on the Seller unless it is accepted in writing by the Seller. If there is a conflict between the terms of the Buyer’s purchase order and the terms herein, the terms expressed herein will govern. The Seller’s failure to object to provisions in the Buyer’s purchase order will not be deemed a waiver or modification of any of the terms and conditions set forth herein.

B. Unless expressly stated in any proposal, prices stated in proposals are, in all events, subject to change without notice.

C. The designs and specifications of all goods sold are subject to change without notice, and in the event of any changes, the Seller will have no responsibility to make similar changes in goods that Buyers previously ordered.

D. The Seller is under no obligation to provide financing to the Buyer. Financing is subject to credit approval by the Seller and/or other independent financing institutions.

Payment.

A. Buyers agree to pay for all goods purchased through this website or from the Seller, unless otherwise stated in the Seller’s proposal or invoice for the goods purchased.

B. There will be no extension of or change in the term for payment due to delays in the installation or operation of goods caused by damage, warranty service, or warranty replacement of parts.

C. All prices are subject to all federal, state, local sales, use, excise, and other taxes on the production, sale, use, or shipment of the goods sold, now or thereafter becoming effective. If not included in the invoice for the goods, that amount may be invoiced later.

D. Transactions are on F.O.B. shipping point terms as expressed in proposals or website indications. Unless otherwise specified in writing, the purchase price for goods does not include delivery, shipping, transportation, setup, and installation charges, which will be paid by the Buyer.

E. Buyers will be conclusively considered to have accepted and approved any invoice from the Seller (including but not limited to the price, quantity, and description of the goods as stated on the invoice and all terms, provisions, conditions, contracts, representations, and warranties on the invoices), unless the Seller receives a written complaint regarding the invoice from Buyers within five business days after the date the invoice is sent to Buyers.

Deposit and Cancellation.

A. All sales are final and may not be revoked, canceled, or returned by the Buyers after (24) twenty-four hours of being placed, unless otherwise approved. A cancellation fee of 15 percent (“Cancellation Fee”) of the Total Purchase Amount herein will be due and payable by Buyers if Buyers cancel any and all purchase orders before delivery within the waiting time specified.

B. A nonrefundable deposit of the purchase price may be required herein. In the event a deposit is paid by the Buyers, it will be applied towards the final purchase, or in the event of cancellation, the non-refundable deposit will be applied against the Cancellation Fee.

C. All deposits paid under any proposal, or any transaction related hereto, shall be nonrefundable unless agreed upon by the Seller.

D. If the Cancellation Fee exceeds the nonrefundable deposit, the Buyers shall remit the balance of payment at the time of cancellation. If the nonrefundable deposit exceeds the Cancellation Fee, the Seller will refund Buyers for such balance.

E. Additionally, Buyers will pay the Seller any incidental damages related to any cancellation by Buyers.

Warranty and Claims Policy.

A. The Seller will use commercially reasonable efforts to obtain for Buyers any warranty provided by the manufacturer of the goods, for which Buyers shall acknowledge receipt in writing. The Seller does not guarantee or otherwise assure the performance of the manufacturer’s warranty. Any claim on account of any such warranty will be made solely against the manufacturer, and, notwithstanding any such claim, the purchase price will be paid on the terms outlined in the Seller’s proposal and invoice. If there is no warranty provided by the manufacturer, then the goods are sold “as is.” Warranties are attached to the care and proper use as indicated by the manufacturer in the goods’ documentation and instructions.

B. THE SELLER MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR SUITABILITY.

C. In no event will the Seller have any liability for any incidental or consequential damages arising out of or in connection with a breach of the sale or any other duty of the Seller concerning the goods, including, but not limited to, incidental or consequential damages for lost profits, lost sales, or injury to persons or property.

D. Any production figures quoted are approximate, based on the conditions as understood, but actual figures may vary substantially depending on operating conditions.

E. Buyers accept all responsibility for the use of the goods and for training the persons who will use the goods. Buyers will compensate, defend, and hold the Seller harmless from any claim, demand, loss, liability, damage, or expense arising in any way from the use of the goods.

F. The Seller makes no indication whatsoever concerning whether any goods comply with OSHA, ADA, or any other federal, state, or local regulation, law, ordinance, or ruling. Buyers will be responsible for the safe use of all goods.

Terms.

A. Terms and conditions are effective as of the date the buyers place a purchase order through this website and will continue in effect until canceled by the Seller in writing. Only appropriate management of the Seller is authorized to execute business and estimates.

B. The Seller may cancel the sale of all goods not yet delivered, installed, and paid for by Buyers if:

(1) Buyers default on that or any other transaction at any time.

(2) Buyers default under any agreement at any time.

(3) Buyers make any misrepresentation.

(4) Buyers are the subject of a proceeding under the bankruptcy laws; or

(5) It appears that Buyer’s financial condition is such that Buyers will not be able to pay for the goods when payment is due.

Miscellaneous.

A. All notices required or permitted to be given under any negotiation will be in writing and will be considered to have been properly given on the date of actual receipt by the addressee if personally delivered to the party by hand delivery, overnight courier, next-day delivery guaranteed, or U.S. Mail. Each party will have the right from time to time to specify its address for purposes of any transaction at any other address in the United States of America on notice of the address, similarly given, to the other party.

B. The Seller may assign and delegate any or all of its rights and duties under any negotiation at any time and from time to time without the Buyer’s consent. Buyers may not assign or delegate any of their rights or duties without the Seller’s prior written consent.

C. If causes or conditions beyond the Seller’s control make it impossible or impractical for the Seller to perform any sales transaction, the Seller may cancel the sale by giving written notice to Buyers and refunding any deposit paid by Buyers.

D. Buyers shall pay the Seller for reasonable costs, fees, and expenses (including attorney’s fees and court costs incurred through appellate levels), incurred by the Seller in the event of a controversy regarding any transaction or in collecting monies due. In the event litigation arises, the right of trial by jury is waived by both parties, and Buyers agree that the suit may be brought only in Collier County. These terms and conditions shall be governed and construed in accordance with the laws of the State of Florida.

E. Buyers agree to execute any further agreement (rental, lease, financing) to properly document the transaction. Buyers understand that they have the right to review such further agreement before execution.

Security Interest.

Buyers grant to the Seller a continuing purchase money security interest in all goods purchased as security for payment. Buyers authorize the Seller to file UCC-1 Financial Statements and related forms. Buyers agree to keep all proceeds separate and not commingle until paid in full. Buyers agree to execute any documents necessary to perfect this security interest. Buyers grant the Seller the right to enter any premises to inspect, protect, preserve, and recover the collateral if necessary.