Terms and Conditions

1. Sale – Smart-O-Mat Supply, LLC, (the “Vendor” or “SMARTOMAT”) agrees to sell. Installation and delivery – Smart-O-Mat Laundry (“SOM LAUNDRY”) will do the installation and delivery on behalf of SMARTOMAT. The purchaser named on page 1 of this document (the “Purchaser”) agrees to buy the equipment (“Equipment”) described thereon or in an attachment hereto subject to the terms and conditions provided herein and thereon. Any purchase order or other document issued to the Vendor by the Purchaser related to the Equipment or this agreement (“Agreement”) is issued for authorization purposes only, and none of the terms or conditions thereof shall modify or supersede the terms or conditions of this Agreement, which shall control for all purposes.

2. Payment – The Purchaser agrees to pay the Vendor the total price plus applicable taxes in advance of shipment. Overdue payments are subject to interest of 2% per month (26.82% per year) or the highest rate permitted by law—all Sales Final. No returns are accepted for any Equipment after use. All returns require an authorization number and will only be accepted for Equipment arriving damaged at delivery. Cancellations before delivery of Equipment are subject to a 25% restocking charge at Vendor’s discretion. Check payments, including certified checks, require five (5) business days to clear. Payment by credit card may require government photo identification of the credit card owner before acceptance. Payment by VISA, Apple Pay, Master Card, Discover, American Express, PayPal and Venmo will have an additional 3% processing fee. In the event of default in payment by the Purchaser, the Vendor shall have the rights and remedies of a secured creditor as provided by applicable law, including the right to enter the premises where the Equipment is located and repossess same without liability.

3. Title – Title to and ownership of the Equipment shall at all times remain with the Vendor until the purchase price has been paid in full. Until the purchase price has been paid in full to secure its obligations to the Vendor hereunder, the Purchaser hereby grants a contingency and fixed security interest in all of its rights, title, and interest in and to the Equipment and all proceeds in any form derived directly or indirectly from any dealing with the collateral or any part thereof, and all proceeds thereof. To the extent the Purchaser can grant a security interest in the Equipment, the Purchaser hereby does so, in both cases, to the Vendor until the Vendor has received payment in full. To the extent permissible by law, the Purchaser waives all rights of notice or receipt of any financing statement, financing change statement, or other documentation of any security interest notice registered against the Purchaser, which may be filed at any time by the Vendor. The Equipment shall remain personal property even though installed or attached to real property. If the Equipment is not being installed or used at the place of delivery, the Purchaser covenants and agrees to provide the address of the final location of the Equipment on page 1 of this Agreement. 

4. Risk of Loss – The risk of loss or damage to the Equipment transfers to the Purchaser at the time of physical delivery to the Purchaser. The Purchaser covenants and agrees that any loss, destruction, or damage to the Equipment shall not release the Purchaser from the obligation to make payment in full of the purchase price and to be bound by the terms of this Agreement.

5. Delivery – Vendor will use commercially reasonable efforts to perform hereunder. However, Vendor is not liable for delays in delivery of Equipment caused by government orders or regulations, war, unavailability of parts or equipment from the manufacturer, fires, strikes, work stoppages, transportation delays, material scarcity, acts of God, or any other cause beyond Vendor’s control. The Purchaser is responsible for:

a. payment in full of all amounts owing to Vendor under this Agreement;

b. confirmation of acceptance of the Vendor’s delivery date in writing;

c. clearing obstructions from the delivery area;

d. being present at the time specified by Vendor for delivery. Failure to accept delivery at the arranged time will result in a re-delivery charge of $200.00 per item;

e. inspecting and accepting the Equipment as conforming to the terms of the Equipment as described in this Agreement, including (i) confirmation that the Equipment has been delivered in good condition, and (ii) signing off on the delivery acknowledgment document or immediately declaring Equipment damage to the carrier. Failure by Purchaser to notify the carrier and the Vendor of damage to the Equipment within one (1) day of delivery shall be deemed as acceptance of the Equipment by Purchaser for all purposes; and

f. installation of the Equipment according to the Equipment manufacturer’s specifications where installation of the Equipment has not been purchased from the Vendor. Installation of the Equipment by the Purchaser, its employees, agents, or subcontractors which does not comply with the Equipment manufacturer’s installation specifications will void the Equipment warranty by Vendor and the equipment manufacturer. Neither the Vendor nor the Equipment manufacturer will be liable for injury or damage to property or personal injury (including death) resulting from such non-compliant Equipment installation.

6. Limited Equipment Warranties – All new Equipment sold to Purchaser by Vendor shall be covered by the terms and subject to the limitations of (i) Vendor’s 90-day limited warranty on parts and labor (the “Vendor’s Limited Warranty”), and (ii) the applicable Equipment manufacturer’s limited warranty (“Manufacturer’s Limited Warranty”). Please consult your owner’s manual for warranty information, terms and limitations. THE VENDOR’S LIMITED WARRANTY AND THE MANUFACTURER’S LIMITED WARRANTY ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT ARE HEREBY EXPRESSLY EXCLUDED. THE VENDOR’S LIMITED WARRANTY AND THE MANUFACTURER’S LIMITED WARRANTY SHALL NOT APPLY TO EQUIPMENT THAT HAS BEEN DAMAGED, ALTERED, MISUSED, OR IS OTHERWISE EXCLUDED BY THE TERMS OF THE VENDOR’S LIMITED WARRANTY OR THE MANUFACTURER’S LIMITED WARRANTY.

7. Liability – Except to the extent of the negligent acts or omissions by the Vendor, its employees, agents, or contractors, to the fullest extent allowed under applicable law, the Vendor shall not be liable and the Purchaser (including anyone claiming by or through Purchaser) shall (i) hold Vendor harmless for and from any damages, actions, claims, costs, losses, or expenses (including attorneys’ fees) resulting or arising from or claimed to have resulted or arisen from the sale, use, delivery, installation, hookup, operation or performance of the Equipment or this Agreement, regardless of the form of damages, action or suit and (ii) indemnify and defend the Vendor for and from any damages, actions, claims, costs, losses, or expenses (including attorneys’ fees with legal counsel of Vendor’s choice) suffered by Vendor resulting or arising from or claimed to have resulted or arisen from the sale, use, delivery, installation, hookup, operation or performance of the Equipment as or this Agreement, regardless of the form of damages, action or suit, In no event shall the Vendor be liable for any incidental, special, indirect, consequential damages, loss of profits, loss of use, or failure of cost savings resulting from or in any way relating to the sale, use, delivery, installation, hookup, operation or performance of the Equipment.

8. Commercial product is not authorized for sale to Residential end consumers. Any costs related to rectifying Commercial Products sold to Residential end Consumers will be tracked by serial number and will be the Purchaser’s sole responsibility.

9. Entire Agreement – The Purchaser agrees that it has read this Agreement, understands it, and agrees to be bound by its terms, and further agrees that it is the complete and entire agreement between the parties which supersede and merges all other prior proposals, quotations, understandings, and agreements, oral or written between the parties, relating to the subject matter hereof. For greater clarity, any terms and conditions in any other document which are inconsistent, with, attempt to add to, or attempt to amend the terms and conditions of this Agreement shall be deemed null and void and of no legal effect. This Agreement may not be modified or altered except by written instrument duly executed by both parties

10. Governing Law – This Agreement shall be governed and construed in accordance with the laws of the state where the Equipment was delivered.

11. Enforceability – Any provision of this Agreement prohibited by law or otherwise ineffective shall be ineffective only to the extent of such prohibition or ineffectiveness and shall be severable without invalidating or otherwise affecting the remaining provisions hereof.

12. The Purchaser agrees not to change its places of business or change its name or any name under which it carries on the business before Vendor’s receipt of payment in full for the Equipment, without giving to SMARTOMAT twenty (20) days prior written notice via certified return receipt requested mail of the change.

13. The Purchaser will and shall be deemed to hold all proceeds of the Equipment in trust, separate and apart from other money, instruments, or property, for the benefit of SMARTOMAT until all amounts owing by Purchaser to SMARTOMAT have been paid in full.

14. SMARTOMAT shall not have any liability by reason of any entry into or taking possession of any of the Equipment as allowed by the terms of this Agreement.

15. The Purchaser will reimburse SMARTOMAT on demand for all costs and expenses (including the full amount of legal fees and expenses paid by SMARTOMAT) incurred by SMARTOMAT in connection with the enforcement of this Agreement, the realization, disposition of, retention, protection, insuring or collection of any Equipment, the protection or enforcement of the rights, remedies, and powers of SMARTOMAT. All amounts for which the Purchaser is required hereunder to reimburse SMARTOMAT shall, from the date of disbursement until the date SMARTOMAT receives reimbursement, bear interest at the highest rate per annum charged by SMARTOMAT on any of the Obligations and allowed under applicable law.

16. The rights, remedies, and powers conferred by this agreement are in addition to, and not in substitution for, any other rights, remedies, or powers SMARTOMAT may have under this agreement, at law, in equity, or by under any status.

17. The Purchaser shall at all times, do, execute, acknowledge and deliver or cause to be done, executed, acknowledged, or delivered all such further acts, deeds, transfers, assignments, security agreements, and assurances as SMARTOMAT may reasonably require in order to give effect to the provisions hereof and for the better granting, transferring, assigning, charging, setting over, assuring, confirming or perfecting the security interests hereby created and the priority accorded to them by law or under this agreement.

18. Any amendment of this agreement shall not be binding unless in writing and signed by SMARTOMAT and the Purchaser.

Stacked Laundry Units: When a dryer is stacked on top of another dryer or a washer, it is considered as two separate machines for all service purposes.

Staircase Delivery Fee: A fee of $25 will be applied for each machine delivered or installed to a location within the premises that involves stair access. Each set of 16 stairs constitutes one floor level, with an additional $25 fee incurred per machine for every additional floor level.

Limitation of Liability for Stair Damage: SmartoMat assumes no liability for any damage that may occur to staircases or related structures during the delivery or installation of machines. Customers are responsible for ensuring that the access route is suitable for the delivery and installation process.