Terms & Conditions

Terms & Conditions of Sale

1. Introduction

These Terms and Conditions govern the sale and lease of PTAC units (individually and/or collectively the “Units”) and other items (collectively the “Product”) from RoomOne Solutions (“Seller”) to the buyer of the Product ("Buyer"). Please read these Terms and Conditions carefully before engaging in any business transaction. By placing an order, the Buyer acknowledges and agrees to abide by and be bound by these Terms and Conditions. If there are any questions or items that require clarifications, please contact the Seller before proceeding with the order.

PRODUCT WARNING REGARDING HCFC-22

Attention, some refurbished Units contain HCFC-22 (CHF2Cl) Monochlorodifluoromethane, a substance which harms public health and the environment by destroying ozone in the upper atmosphere. Contact the manufacturer for more details.

2. Recording Phone Calls

To provide excellent service and continuously improve training, all calls will be recorded and monitored. By conducting phone calls with the Seller, Buyer authorizes Seller to record and monitor phone calls with any of Seller’s agents or representatives.

3. Order and Payment

  • Orders: All orders are subject to acceptance by the Seller. The Seller reserves the right to accept or decline any order for any reason.
  • Payment Terms: Standard payment terms are cash at the time of order placement unless otherwise agreed upon in writing. Buyer may request alternative payment terms, subject to approval by [Seller Name].
  • Taxes: Buyer is responsible for all applicable taxes, assessments, duties, and customs fees.
  • Receipt of payment is required before shipment. By submitting an order, Buyer agrees that payment is secured by the Product Buyer purchases. Buyer grants Seller a security interest and lien on the Product Buyer purchases, until such time that Buyer makes full and final payment. Buyer authorizes Seller to file and/or record UCC Financing Statements, UCC Fixture Filing Statements and any other documents to perfect and enforce Seller’s security interest and lien. Seller will release the security interest upon Buyer’s full and final payment. Seller further reserves the right to charge a late fee in the amount of 2% of the price of the Product or the legally allowed maximum, whichever is higher.

4. Shipping and Delivery

  • Shipping: All shipping and handling costs are the responsibility of the Buyer unless otherwise stated in writing.
  • Delivery: Delivery dates provided are estimates and not guaranteed. The Seller shall not be liable for any damage resulting from delays in delivery.
  • Risk of Loss: The risk of loss or damage to the Product passes to the Buyer upon delivery.

5. Cancellations, Returns and Refunds

  • Cancellations: In the event Buyer cancels an order, Buyer will receive a credit of the amount of purchase price minus a $40 cancellation fee or 5% of the total purchase amount, whichever is greater. If delivery of ordered Product is refused, a charge for the full cost of shipping plus a restocking fee equal to 20% of the price of the order will be applied. As used herein, the “full cost of shipping” is the cost to ship the Product from Seller’s warehouse to the shipping address provided for the order, plus the cost to ship the Product back to the same warehouse. Buyer will receive the remainder of the original payment as a credit against future orders and not a refund.
  • Returns: Returns are only for defective or damaged products and require Buyer notification in writing within 30 days of the order date to be accepted. Approved returns are subject to a restocking fee of 20% of the purchase price, plus full cost of shipping.
  • Refunds: Reimbursement for an approved return will be made by either a refund, store credit, or a replacement of the defective or damaged Product at the sole discretion of the Seller.
  • Buyer must obtain prior approval from Seller for any returns.
  • Condition of Returned Items: Returned Product must be in its original condition, unused, and with all original accessories and packaging.

6. Warranty

  • For factory new Product, the Seller does not offer any warranty and Buyer must consult with the manufacturer to determine the availability of a warranty, if any.
  • Refurbished Units are covered under a six-month limited warranty. To be eligible for the six-month limited warranty on refurbished Units, three criteria must be satisfied: (1) the relevant Units must have been purchased within six months of the day the Seller is contacted to make the claim; (2) identification number(s) of the relevant Units must be provided to Seller; and (3) investigation by the Seller must conclude that the alleged defect or damage was a result of the Seller’s refurbishment process. If all three criteria are not met, the Seller reserves the right to reject the warranty claim. This limited warranty will only cover damage or defects; it will not cover scrapes, scratches, or other cosmetic issues.
  • Additionally, any refurbished Units which were resold by the Buyer are disqualified from eligibility for this limited warranty.
  • Disclaimers: OTHER THAN THOSE REPRESENTATIONS AND WARRANTIES EXPRESSLY INCLUDED HEREIN, NO REPRESENTATIONS OR WARRANTIES ON THE SERVICES, THE PRODUCT AND/OR THE USE THEREOF ARE MADE. OTHER THAN THOSE REPRESENTATIONS AND WARRANTIES EXPRESSLY INCLUDED HEREIN, SELLER EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE PRODUCT, SERVICES, AND/OR THE USE THEREOF.

7. Limitation of Liability, Release of Liability and Indemnification Obligations

  • Consequential Damages: In no event shall the Seller be liable for any indirect, special, incidental, punitive, statutory, or consequential damages arising from the sale, lease, or use of the Product or services.
  • Maximum Liability: The Seller’s maximum liability for any claim related to the Product or services shall not exceed the purchase price of the Product giving rise to the claim.
  • Nothing contained on the website of the Seller, its communication materials, or in any communications by the Seller should be construed as providing consultation or advice. Seller expressly disclaims all liability for any information provided to Buyer by the Seller or Seller’s employees, agents, and/or representatives. Seller shall not be liable for how others may use any information received from the Seller, its employees, agents, and/or representatives. Buyers shall release, hold harmless, indemnify, and defend the Seller and Seller’s owners, agents, officers, representatives, and employees from and against any claims, suis, actions, damages, costs, fines, investigations, assessments, expenses (including reasonable attorney’s fees), and/or civil liability or criminal prosecution arising from or related in any way to Buyer’s use of any information provided by the Seller or Seller’s employees, agents, and/or representatives.
  • Additionally, by placing an order, Buyer agrees that Buyer and any other parties are responsible for how the Product and services are used. Buyer shall release, hold harmless, indemnify, and defend Seller and Seller’s owners, officers, employees, representatives, and agents from and against any and all claims, suis, actions, damages, costs, fines, investigations, assessments, expenses (including reasonable attorney’s fees), and/or civil liability or criminal prosecution arising from or related in any way to the Product and services purchased and the use thereof by Buyer and/or any other parties.

8. Force Majeure.

Seller shall not be liable for any delay in or failure to perform due to any event or contingency beyond Sellers’ reasonable control (an event of “Force Majeure”), including acts of God, epidemics, acts of war whether declared or undeclared, blockades, labor disputes (whether of Seller’s employees or the employees of others), supply chain, raw material shortages and material increases in costs of raw materials, including those material increases in costs resulting from the imposition of tariffs. In the event of Force Majeure, the time for performance will extend for such time as reasonably necessary to enable the Seller to perform. Seller may, during any period of shortage due to any of the above circumstances, allocate its available supply of Product and services among itself and its purchasers in such manner as Seller, in its sole judgement, deems fair and equitable.

9. Waiver

All waivers by Seller must be in writing and signed by an authorized representative of Seller. Failure of Seller at any time to require Buyer’s performance of any obligation hereunder shall not affect Seller’s right to require performance of that obligation. No delay or omission in the exercise of any right, power, or remedy hereunder by Seller shall impair such right, power, or remedy or be considered to be a waiver of any default or acquiescence therein.

10. Intellectual Property

Trademarks and Copyrights: All trademarks, logos, and copyrighted materials displayed on the Product, materials, or websites are the property of the Seller or their respective owners. Any unauthorized use is strictly prohibited.

11. Use of Email:

  • By placing an order or registering a Buyer account, Buyer consents to allow the Seller to communicate with Buyer via email address. Buyer also agrees to allow the Seller to add the Buyer to its Buyer email list, thereby allowing the Seller to send marketing emails highlighting product offerings.
  • The email list can be unsubscribed at any time.
  • Personal information will be handled and treated in accordance with The Seller’s Privacy Policy.

12. Governing Law and Dispute Resolution

  • Governing Law: Tennessee law will govern, regardless of any conflicts of law principles, the use of Seller’s website(s) and purchase of any Product from the Seller, the relationship between Seller and Buyer, the Product and services, any information, services and/or Product the Buyer receives from the Seller. To the extent it is ruled that some other state’s law applies, and that state’s law prohibits the disclaimer of express and/or implied warranties and/or representations and/or the limitation of liability, then these Terms and Conditions shall be interpreted to omit any violative provisions.
  • Class Action Waiver: Any dispute resolution proceedings, including but not limited to litigation, arbitration, and mediation, will be conducted only on an individual basis and not in a class, consolidated, or representative action. By making this express agreement, it is acknowledged and affirmed that this is a knowing, voluntary, and permanent waiver of any right to bring federal, state, or local claims as any part of, or on behalf of, any class or any other individuals, before a court or other tribunal.
  • Dispute Resolution: Any disputes between Seller and Buyer must first be attempted to be resolved through amicable negotiations between the parties. If no resolution is reached, the parties agree to submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association, provided that Seller may elect to have any such dispute heard in a state court located in Knoxville, Tennessee, and the parties agree to and consent to said venue and jurisdiction.

13. Severability

The unenforceability or invalidity of any clause in these Terms and Conditions shall not have an impact on the enforceability or validity of any other clause to these Terms and Conditions. Any unenforceable or invalid clause shall be regarded as removed from these Terms and Conditions to the extent of its unenforceability and invalidity.

14. Miscellaneous

Buyer shall not assign any of its rights or obligations under these Terms and Conditions or any purchase order without Seller’s prior written consent, which may be withheld in Seller’s sole discretion. The Buyer shall comply with all applicable laws. There are no third-party beneficiaries. Provisions which by their nature should survive will remain in force after any termination or expiration of any sale of Deliverables. The section headings are included solely for the convenience of the parties. These Terms and Conditions constitute the entire understanding and agreement between the parties and supersede all prior written or oral understandings and agreements between the parties in connection herewith. These Terms and Conditions shall be binding on and inure to the parties and their respective successors and permitted assigns.

15. Modification and Termination

  • Modification: The Seller reserves the right to modify these Terms and Conditions at any time. Updated versions will be posted on the Seller website.
  • Termination: The Seller may terminate any transaction or business relationship with a Buyer for any reason, including violation of these Terms and Conditions.