Terms of Sale

1. Scope & Acceptance

These Terms of Sale apply to all purchases of Products and related Services from Bloomfield Systems LLC. By placing an order (online, by phone, email, or other method), you confirm that:

• You have read and understood these Terms of Sale; and
• You agree to be bound by them.

If we also publish a Terms of Use for any website (the “Website”) and a Privacy Policy, those documents govern your use of the Website and how we handle your data. In the event of a conflict between the Terms of Sale and any Terms of Use, these Terms of Sale control for Product purchases.

2. Prices & Taxes

• Product prices, specifications, availability, and offers may change at any time without notice.
• Before submitting your order, you will see the Product price and any applicable taxes, shipping, and handling fees (if charged separately).

We reserve the right to cancel orders that do not comply with our terms, conditions, or limitations.

3. Payment Terms

Unless we agree otherwise in writing, payment is due in full at the time of order.

• We may accept credit cards, ACH, or third-party payment methods made available at checkout or on your invoice.
• You agree that all information you provide is accurate, complete, and current.

Payment processing may be handled by third-party providers. We are not responsible for their security practices or failures. You should review any third-party payment provider’s terms and privacy policy before using their services.

4. Orders & Acceptance

• Your order is an offer to purchase Products from us.
• An order confirmation (email or otherwise) does not mean we have accepted your order.
• We may accept or decline any order at our sole discretion, for any lawful reason.

Your order is considered accepted only when:

• We confirm acceptance; and
• We receive full payment.

All orders are non-refundable once accepted, except as required by law or as provided in our written return or cancellation policies (if any).

If we cancel an order after charging you, we will refund the amount paid for the cancelled items.

5. Shipping & Delivery

• We will use commercially reasonable efforts to ship Products promptly to the address you provide.
• Unless otherwise stated, shipping and handling may be included in the Product price or shown separately at checkout or on your invoice.
• Shipping dates and delivery times are estimates only and are not guaranteed.

We typically ship to physical street addresses within the United States. We may not ship to P.O. boxes, private mailbox locations, freight forwarders, or addresses outside the permitted regions disclosed at the time of order.

For your protection, a signature may be required upon delivery. If you change your address after placing an order, we may:

• Cancel the order; or
• Charge you for additional shipping or re-routing costs.

Once Products leave our facility, delivery can be affected by carrier delays or events outside our control. We are not liable for delays in delivery but will assist in tracking and resolving shipping issues where reasonably possible.

Risk of loss passes to you when you (or your designated recipient) take physical possession of the Product.

Title to the Product passes to you when the Product is picked up by the carrier from our warehouse.

If delivery cannot be completed due to your unavailability, refusal, or failure to schedule in a timely manner, storage or re-delivery fees may apply and must be paid before release.

All standard deliveries are curbside drop-off only. Any additional services (e.g., “white glove” delivery) may incur extra charges.

6. Inspection on Delivery & Nonconforming Goods

Upon delivery, you must inspect the shipment before signing the carrier’s receipt:

• Check for visible damage, missing items, or discrepancies.
• We strongly recommend taking photos of the shipment and packaging before opening.

If there is visible damage or missing items:

• Note the details on the delivery receipt,
• Refuse the shipment if damage is significant, and
• Contact us immediately at info@plungezero.com

If damage or nonconformity is not noted at delivery and reported to us, we may treat the shipment as delivered in good condition.

• Claims for shipping damage must typically be made promptly (e.g., within 24 hours) to preserve any carrier claim.
• Claims for missing or incorrect items must be made within 72 hours of delivery. After 72 hours, the shipment will be deemed accepted as conforming.

You must provide all requested documentation (photos, descriptions, receipts) to support any claim.

7. Product Availability & Limitations

Due to supply constraints or other factors, we may:

• Limit the quantity of Products available for purchase;
• Cancel orders where we cannot supply the Product; or
• Substitute comparable Products with your consent.

If we cancel an order or part of an order due to unavailability, we will refund the amount paid for the cancelled item(s).

8. Personal Use & Resale

Unless otherwise agreed in writing (e.g., under a reseller or white-label agreement):

• Products are sold for personal or internal business use only and not for immediate resale or sublicensing.

Authorized resellers or white-label partners are subject to separate written agreements that govern resale terms, branding, and territory.

9. Limited Warranty & Disclaimers

Product warranty terms are set out in our written Limited Warranty that accompanies the Product (e.g., Residential or Commercial Warranty). That document describes:

• The duration of coverage;
• What is covered and excluded; and
• The remedies available (e.g., repair, replacement).

Except as expressly stated in an applicable written Limited Warranty, and to the maximum extent permitted by law:

• Products and any access to digital resources or support materials are provided on an “AS IS” and “AS AVAILABLE” basis;
• We do not guarantee uninterrupted or error-free operation; and
• We disclaim all implied warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

10. Limitation of Liability

To the fullest extent permitted by law:

• We are not liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including loss of profits, revenue, data, use, or business, arising from or related to your purchase or use of the Product, or any inaccuracy or incompleteness in Product descriptions, even if we have been advised of the possibility of such damages.

Our total aggregate liability for any claim arising out of or related to a Product purchase is limited to, at our option:

• Repair of the Product;
• Replacement of the Product; or
• Refund of the purchase price actually paid for that Product.

Some jurisdictions do not allow certain exclusions or limitations, so these limitations may not apply to you to the extent prohibited by law.

11. Indemnification

To the maximum extent allowed by law, you agree to defend, indemnify, and hold harmless Bloomfield Systems LLC and Frostline Wellness LLC, their officers, directors, employees, affiliates, and agents from any claims, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your breach of these Terms of Sale;
• Your misuse of the Product; or
• Any violation of law or third-party rights by you in connection with the Product.

12. Dispute Resolution & Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

(a) Agreement to Arbitrate
Any dispute, claim, or request for relief arising out of or relating to your purchase or use of any Product or Service, or any aspect of your relationship with Bloomfield Systems LLC, will be resolved by binding arbitration instead of in court, except that:

• You may bring qualifying claims in small claims court; and
• Either party may seek injunctive or equitable relief in court for alleged infringement or misuse of intellectual property rights.

This Arbitration Agreement applies to all disputes and claims, whether existing now or arising in the future.

(b) Rules & Forum
The Federal Arbitration Act governs this Arbitration Agreement.

• Arbitration will be administered by JAMS under its Streamlined Arbitration Rules (for claims under $250,000) or Comprehensive Rules (for larger claims), or by another agreed arbitral forum if JAMS is unavailable.
• Arbitration may be conducted in person in Texas, or by telephone or written submissions as allowed by the applicable rules.
• If the arbitrator determines you cannot afford JAMS fees and cannot obtain a waiver, we will pay them. For claims under $10,000, we will reimburse filing and administrative fees unless the arbitrator finds the claims frivolous.

(c) Arbitrator’s Authority
The arbitrator has exclusive authority to determine the scope and enforceability of this Arbitration Agreement and to resolve any dispute relating to its interpretation, applicability, or formation. The arbitrator may award all remedies available to an individual under applicable law and must issue a written decision stating essential findings and conclusions.

(d) Waiver of Jury Trial
YOU AND BLOOMFIELD SYSTEMS LLC WAIVE ANY RIGHT TO A JURY TRIAL. Disputes will be resolved by arbitration under this Section, except as otherwise stated.

(e) Class Action Waiver
ALL ARBITRATIONS WILL BE INDIVIDUAL ONLY. No class, collective, or representative actions are permitted. Claims of more than one customer cannot be combined or arbitrated together.

(f) 30-Day Opt-Out
You may opt out of this Arbitration Agreement within 30 days of first being subject to it by sending written notice with your name, address, email, and a clear statement that you opt out of arbitration to:

5900 Balcones Dr. STE 100 Austin, TX 78731
or info@plungezero.com

Opting out does not affect any other provisions of these Terms of Sale.

(g) Severability
If any part of this Arbitration Agreement is found unenforceable (other than the class action waiver), the rest remains in effect.

(h) Survival
This Arbitration Agreement survives termination of your relationship with us.

13. Governing Law

These Terms of Sale are governed by the laws of the State of Texas, without regard to conflict-of-law rules.

You agree that:

• The United Nations Convention on Contracts for the International Sale of Goods does not apply; and
• Your claims are governed exclusively by U.S. and Texas law as set forth in these Terms.

Certain state-specific consumer protections (e.g., New Jersey, California) may limit or modify the effect of some disclaimers and limitations; where such laws apply, they control to that extent.

14. Miscellaneous

• These Terms of Sale inure to the benefit of and are binding upon you and Bloomfield Systems LLC and your respective successors and permitted assigns.
• You may not assign these Terms without our prior written consent. We may assign them without notice.
• If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect.
• Failure by either party to enforce any provision does not constitute a waiver of future enforcement.

If we reference any separate “Messaging Terms” or similar service-specific terms elsewhere (e.g., for SMS notifications), those terms apply to that specific service.

15. Changes to These Terms

We may modify these Terms of Sale at any time, in our sole discretion, for future purchases.

• Changes apply to orders placed after the effective date of the updated Terms.
• Orders placed before that date remain governed by the Terms in effect at the time of purchase.

Your continued purchase or use of Products after changes become effective constitutes your acceptance of the updated Terms of Sale.