GEYSERSTEAM

MASTER TERMS & CONDITIONS

Version 2026.2

TABLE OF CONTENTS

PART 1 – GENERAL PROVISIONS

PART 2 – DELIVERY, INSTALLATION & CUSTOMER RESPONSIBILITIES

PART 3 – LIMITED WARRANTY

PART 4 – PRODUCT SAFETY, HEALTH WARNINGS, ASSUMPTION OF RISK & LIMITATION OF LIABILITY

PART 5 – RETURNS, CHARGEBACKS, DISPUTE RESOLUTION & GENERAL PROVISIONS

 

PART 1 – GENERAL PROVISIONS

Effective Date: May 1st, 2022

Version: 2.0

These Master Terms and Conditions ("Terms") govern all quotations, proposals, estimates, invoices, purchase orders, sales, deliveries, installations, warranties, maintenance services, repairs, and all other transactions between GeyserSteam Inc (previously Pichontik LLC d/b/a GeyserSteam) ("GeyserSteam," "Company," "we," "our," or "us") and the purchaser ("Customer," "Buyer," or "you").

These Terms supersede any inconsistent terms proposed by Customer unless expressly agreed to in a written agreement signed by an authorized officer of GeyserSteam.

ARTICLE 1

DEFINITIONS

For purposes of these Terms:

1.1 Company

"GeyserSteam Inc" its affiliates, employees, managers, officers, agents, installers, subcontractors, successors, and assigns.

1.2 Customer

The individual or entity purchasing products or services from GeyserSteam, including any homeowner, tenant, contractor, architect, designer, developer, builder, corporation, limited liability company, trust, partnership, or governmental entity.

1.3 Products

Includes without limitation:

• Steam Rooms

• Steam Generators

• Steam Doors

• Steam Controls

• Steam Accessories

• Traditional Saunas

• Infrared Saunas

• Sauna Heaters

• Cold Plunges

• Ice Baths

• Wellness Equipment

• Benches

• Lighting

• Speakers

• Wi-Fi Controls

• Accessories

• Replacement Parts

Any custom fabricated products

Any future products sold by GeyserSteam

1.4 Services

Includes:

Design

Engineering

Manufacturing

Fabrication

Delivery

Installation

Assembly

Technical Support

Maintenance

Warranty Service

Repairs

• Replacement Parts

Consulting

Training

1.5 Custom Products

Any product manufactured, modified, fabricated, finished, stained, painted, cut, engineered, or customized specifically for Customer.

Unless otherwise expressly agreed in writing, all GeyserSteam steam rooms, saunas, and cold plunges shall be deemed custom products.

1.6 Installation

Includes delivery, assembly, setup, testing, commissioning, adjustments, and customer walkthrough.

1.7 Completion

Installation is deemed complete when:

Products have been assembled,

Utility connections required under the Agreement have been completed,

Basic operational testing has been performed,

Customer has been provided an opportunity to inspect the installation.

ARTICLE 2

ACCEPTANCE OF TERMS

By doing any of the following, Customer agrees to these Terms:

• signing a proposal

• signing a quotation

• signing a purchase agreement

• paying a deposit

• paying an invoice

• making any payment

• placing an order

• accepting delivery

• permitting installation

• using any product

• requesting warranty service

• accepting maintenance services

• electronically accepting these Terms

purchasing through the Company's website.

Customer acknowledges having had the opportunity to review these Terms before purchasing.

If Customer does not agree to these Terms, Customer shall not purchase or use any Products or Services.

ARTICLE 3

ORDER ACCEPTANCE

All quotations are non-binding until accepted by GeyserSteam.

No order shall become binding until accepted by GeyserSteam.

GeyserSteam reserves the right to reject any order for any lawful reason.

No employee, salesperson, dealer, installer, representative, or distributor may modify these Terms except through a written agreement signed by an authorized officer of GeyserSteam.

ARTICLE 4

CUSTOM PRODUCTS

Customer acknowledges that nearly all GeyserSteam products are manufactured specifically for the Customer.

Accordingly:

• production may begin immediately after receipt of the deposit

• materials may be specially ordered

• products may not be suitable for resale

• dimensions may be unique

• finishes may be custom

engineering may be project-specific.

Because of their custom nature, custom products are non-cancelable and non-refundable once production begins, except where otherwise expressly provided in these Terms or required by applicable law.

Minor cosmetic variations, wood grain variations, natural color differences, and dimensional tolerances shall not constitute defects.

ARTICLE 5

QUOTATIONS

Unless otherwise stated:

• quotations remain valid for thirty (30) days

• pricing is subject to change after expiration

• freight costs may change

taxes are additional unless expressly included.

Clerical errors, typographical errors, pricing errors, and mathematical errors may be corrected before shipment. If a correction materially increases the price, Customer may cancel the affected order before production begins and receive a refund of amounts paid for that affected order, less any nonrecoverable third-party costs disclosed to Customer.

ARTICLE 6

CHANGE ORDERS

Any change requested after production begins shall constitute a Change Order.

Change Orders may include additional:

• labor

• engineering

• freight

• materials

• manufacturing costs

delays.

No Change Order shall be binding until approved by GeyserSteam.

Production schedules may be extended accordingly.

ARTICLE 7

PAYMENT TERMS

Unless otherwise agreed in writing:

Deposits are due upon execution of the Agreement.

Progress payments shall be due as specified in the quotation or invoice.

Final payment shall be due immediately upon substantial completion of installation or, if installation is not included, upon delivery.

Customer may not withhold payment because of alleged warranty issues or punch-list items, except to the extent required by applicable law.

Payments shall be made by:

• Wire Transfer

• ACH

• Credit Card

• Check

Other payment methods approved by GeyserSteam

Returned checks and failed electronic payments shall incur applicable bank charges and reasonable administrative fees.

Late payments shall accrue interest at the lesser of 1.5% per month (18% per annum) or the maximum rate permitted by applicable law.

To the extent permitted by applicable law, title to Products remains with GeyserSteam until all amounts due for those Products have been paid in full. Customer grants GeyserSteam a purchase-money security interest in unpaid Products and their identifiable proceeds and agrees to reasonably cooperate with lawful documentation of that interest. This provision does not authorize self-help repossession where prohibited by law.

ARTICLE 8

TAXES

Customer shall be responsible for all:

• sales taxes

• use taxes

• excise taxes

• customs duties

• tariffs

• governmental assessments

similar governmental charges.

Customer shall indemnify GeyserSteam against taxes arising from Customer's failure to pay applicable taxes.

ARTICLE 9

COLLECTION COSTS

Customer shall reimburse GeyserSteam for all reasonable costs incurred in collecting unpaid amounts, including:

• collection agency fees (where permitted by law)

• court costs

• filing fees

post-judgment interest; and

reasonable attorneys' fees to the extent recoverable under the parties' agreement or applicable law.

ARTICLE 10

ELECTRONIC COMMUNICATIONS

Customer agrees that:

• electronic signatures

• email communications

• electronic invoices

• electronic approvals

• text message communications

• electronically executed agreements

shall have the same legal force and effect as original written documents and signatures, to the fullest extent permitted by applicable law.

 

PART 2 – DELIVERY, INSTALLATION & CUSTOMER RESPONSIBILITIES

ARTICLE 11

DELIVERY

Delivery dates are estimates only unless expressly guaranteed in a written agreement signed by GeyserSteam.

GeyserSteam shall not be liable for delays resulting from:

• manufacturing delays

• material shortages

• shipping carrier delays

• weather conditions

• labor shortages

• customs inspections

• governmental actions

• acts of God

• customer-requested changes

• customer site readiness

• utility delays

or any circumstance beyond GeyserSteam's reasonable control.

Customer acknowledges that delivery schedules for custom manufactured products may change during production.

ARTICLE 12

INSPECTION UPON DELIVERY

Customer shall inspect all Products immediately upon delivery.

Any visible freight damage, shortages, or missing components must be noted on the carrier's delivery receipt before signing.

Customer shall notify GeyserSteam in writing within five (5) calendar days after delivery of any concealed shipping damage or missing components.

Failure to timely notify GeyserSteam may affect the Company's ability to pursue a freight claim with the carrier and may limit available remedies to the extent permitted by applicable law.

ARTICLE 13

STORAGE

If Customer requests delayed delivery after the Product is completed, GeyserSteam may charge commercially reasonable storage fees beginning thirty (30) days after the scheduled delivery date.

Risk of loss transfers as provided in Article 14, regardless of whether storage occurs at GeyserSteam's facility at Customer's request.

ARTICLE 14

RISK OF LOSS

Unless otherwise agreed in writing, risk of physical loss or damage transfers to Customer upon:

• delivery to Customer

• delivery to Customer's jobsite

delivery to Customer's carrier; or

delivery to Customer's designated warehouse,

whichever occurs first.

If GeyserSteam also performs installation, GeyserSteam remains responsible for damage caused by its own negligence during installation, but is not responsible for loss or damage occurring before or after that period.

ARTICLE 15

ACCESS TO PROPERTY

Customer shall provide safe, unobstructed access to the installation site.

Customer shall ensure:

• adequate parking

• unloading access

• sufficient doorway clearances

• safe walking surfaces

• elevator access (if applicable)

• crane access (if required)

reasonable working conditions.

If installation cannot proceed because the site is inaccessible or unsafe, Customer shall be responsible for additional labor, transportation, rescheduling, and mobilization costs.

ARTICLE 16

SITE PREPARATION

Prior to delivery or installation, Customer shall ensure the installation location is properly prepared.

This includes, where applicable:

• completed framing

• finished flooring

• waterproofing

• adequate drainage

• proper ventilation

• structural support

• electrical rough-in

• plumbing rough-in

• internet service for Wi-Fi controls (if applicable)

required utility connections.

GeyserSteam shall not be responsible for delays or additional costs resulting from an unprepared site.

ARTICLE 17

CUSTOMER RESPONSIBILITIES

Customer is solely responsible for ensuring that the installation site is suitable for the Product.

Customer shall be responsible for:

• obtaining permits

• inspections

• engineering approvals

• utility availability

• adequate electrical capacity

• plumbing systems

• drainage systems

• waterproofing

• ventilation

• structural adequacy

• moisture protection

• access routes

• equipment protection

• routine maintenance

compliance with all operating instructions.

Customer shall provide all information reasonably requested by GeyserSteam regarding the installation site.

ARTICLE 18

BUILDING CODES AND REGULATORY COMPLIANCE

Customer acknowledges and agrees that GeyserSteam manufactures products for installation in a variety of jurisdictions with differing legal requirements.

Accordingly, Customer is solely responsible for determining, obtaining, and maintaining compliance with all applicable laws, codes, regulations, permits, approvals, inspections, and governmental requirements relating to the purchase, installation, operation, and use of the Products.

This includes, without limitation:

• International Building Code (IBC)

• International Residential Code (IRC)

• National Electrical Code (NEC)

• Local Electrical Codes

• Plumbing Codes

• Mechanical Codes

• Fire Codes

• Energy Codes

• Accessibility requirements, including the Americans with Disabilities Act (ADA), where applicable

• State statutes and regulations

• County ordinances

• Municipal ordinances

• Zoning regulations

• Homeowners' Association (HOA) requirements

• Condominium association rules

Historic preservation requirements; and

Any other applicable governmental or private restrictions.

Unless expressly agreed in writing, GeyserSteam does not provide architectural, engineering, code compliance, permitting, or legal services and does not warrant that any Product or installation complies with the requirements of any specific jurisdiction.

Customer is encouraged to consult qualified architects, engineers, contractors, electricians, plumbers, and local building officials before installation.

ARTICLE 19

ELECTRICAL REQUIREMENTS

Customer shall retain a properly licensed electrician where required by applicable law.

All electrical work shall comply with all applicable codes and manufacturer specifications.

GeyserSteam shall not be responsible for:

• undersized electrical service

• improper wiring

• improper grounding

• inadequate circuit protection

• improper voltage

• power surges

• utility interruptions

• work performed by third parties

code violations attributable to third-party electrical work.

Improper electrical installation may void portions of the warranty to the extent the improper installation causes or contributes to the claimed issue.

ARTICLE 20

PLUMBING REQUIREMENTS

Customer shall retain qualified plumbing professionals where required.

Customer shall ensure:

• adequate water supply

• drainage

• shutoff valves

• pressure regulation

• leak prevention

• freeze protection

water quality.

GeyserSteam shall not be responsible for plumbing failures not caused by its own workmanship or products.

ARTICLE 21

VENTILATION AND MOISTURE CONTROL

Customer is solely responsible for ensuring the installation area has adequate ventilation and moisture management.

Improper ventilation may result in:

• mold

• mildew

• wood deterioration

• corrosion

• condensation damage

structural deterioration.

GeyserSteam shall not be responsible for damage arising from inadequate ventilation, excessive humidity, water intrusion, or improper building construction not caused by GeyserSteam.

ARTICLE 22

FINAL INSPECTION AND ACCEPTANCE

Upon completion of installation, Customer shall inspect the Product before the installation team departs.

Customer shall promptly identify any readily observable issues and, when reasonably possible, provide written notice within seventy-two (72) hours after installation. Failure to provide notice within that period does not eliminate warranty rights but may limit remedies to the extent delayed notice materially prejudices GeyserSteam's ability to inspect or correct the issue.

Use of the Product after installation constitutes acceptance of the Product, subject to Customer's rights under the applicable Limited Warranty and any non-waivable rights provided by law.

Minor cosmetic variations, natural wood characteristics, and items that do not materially affect functionality shall not constitute grounds for rejection.

ARTICLE 23

CUSTOMER COOPERATION

Customer agrees to provide GeyserSteam with reasonable access to inspect, diagnose, repair, or service any Product covered by the Limited Warranty.

Failure to provide reasonable access after written notice may affect warranty obligations to the extent the inability to perform service results from the lack of access.

ARTICLE 24

FORCE MAJEURE

GeyserSteam shall not be liable for delays, interruptions, or failures to perform caused by events beyond its reasonable control, including but not limited to:

• hurricanes

• tropical storms

• floods

• storm surge

• earthquakes

• tornadoes

• wildfires

• lightning

• hail

• extreme weather

• pandemics

• epidemics

• governmental orders

• war

• terrorism

• civil unrest

• labor disputes

• supply chain disruptions

• transportation interruptions

• utility failures

shortages of labor or materials; or

• tariffs

• import restrictions

• shipping embargoes

• port congestion

• supplier insolvency or bankruptcy

cyber incidents affecting transportation or suppliers; or

other force majeure events.

To the extent permitted by law, GeyserSteam is not responsible for damage to Products caused by these events after risk of loss has transferred to the Customer or where such damage is not caused by GeyserSteam's negligence.

 

PART 3 – LIMITED WARRANTY

ARTICLE 25

LIMITED WARRANTY

Unless a separate written warranty signed by GeyserSteam expressly provides otherwise, GeyserSteam warrants to the original purchaser that its Products will be free from defects in materials and workmanship under normal residential use for the warranty periods specified below.

This Limited Warranty applies only to the original purchaser and is not transferable without GeyserSteam's prior written consent.

Warranty coverage begins on the earlier of:

• the date of installation

the date of delivery if installation is not performed by GeyserSteam; or

thirty (30) days after shipment, unless a later commencement date is required by applicable law.

ARTICLE 26

WARRANTY PERIODS

Unless otherwise stated in a written quotation or purchase agreement:

• Steam Generators

Twelve (12) months

• Sauna Heaters

Twelve (12) months

Electrical Components

Twelve (12) months

Controls

Twelve (12) months

• Lighting

Twelve (12) months

• Speakers

Twelve (12) months

Wi-Fi Controllers

Twelve (12) months

Plumbing Components

Twelve (12) months

• Steam Doors

Twelve (12) months

Steam Room Cabin Structure

Four (4) years against defects in materials and workmanship.

Sauna Cabin Structure

Four (4) years against defects in materials and workmanship.

Consumable items and normal wear items are excluded unless expressly stated otherwise.

ARTICLE 27

WARRANTY REMEDY

If a Product is determined by GeyserSteam to be covered under this Limited Warranty, GeyserSteam may, at its sole option:

• repair the Product

• replace the defective component

• replace the Product with a comparable Product

• provide replacement parts

authorize a repair by a third party; or

provide another commercially reasonable remedy.

The selection of the remedy shall be made by GeyserSteam.

Except where prohibited by applicable law, refund of the purchase price is not required if GeyserSteam elects to repair or replace the Product.

ARTICLE 28

RIGHT TO REPAIR

Customer agrees that GeyserSteam shall have the first reasonable opportunity to inspect, diagnose, and repair any alleged warranty issue before Customer seeks any other remedy.

Customer shall not:

• refuse reasonable access for inspection

• refuse scheduled warranty service

• prevent repair efforts

• dispose of the Product before inspection

substantially alter the Product before inspection.

If Customer prevents GeyserSteam from reasonably performing warranty service, GeyserSteam's warranty obligations may be limited to the extent the inability to complete service results from Customer's actions.

ARTICLE 29

WARRANTY CLAIM PROCEDURE

To request warranty service, Customer shall:

Notify GeyserSteam in writing.

Provide:

• order number

• photographs

• videos if requested

• description of the issue

date the issue occurred.

Provide reasonable access for inspection.

Failure to provide requested information may delay warranty evaluation.

ARTICLE 30

WARRANTY SERVICE

Warranty service may include:

• remote troubleshooting

• video diagnosis

• replacement parts

• technician visits

• authorized local contractors

factory repairs.

GeyserSteam shall determine the most appropriate method of providing warranty service.

Warranty service shall be scheduled within a commercially reasonable period based upon technician availability, product availability, weather conditions, travel requirements, and the nature of the reported issue.

ARTICLE 31

CUSTOMER MAINTENANCE

Customer is responsible for:

• routine cleaning

• replacing consumables

• maintaining proper ventilation

• keeping drainage systems clear

• maintaining proper water quality

• winterization where applicable

• following maintenance schedules

following the Owner's Manual.

Damage caused by failure to perform routine maintenance is not covered by this Limited Warranty.

ARTICLE 32

WARRANTY EXCLUSIONS

This Limited Warranty does not cover damage or failures caused by:

• misuse

• abuse

• neglect

• vandalism

• accidents

• customer modifications

• unauthorized repairs

• improper installation by others

• improper electrical work

• improper plumbing

• code violations not caused by GeyserSteam

• improper ventilation

• improper drainage

• water intrusion

• flooding

• hurricanes

• earthquakes

• lightning

• fire

• windstorms

• freezing temperatures

• corrosion

• salt-air exposure

• chemicals

• mineral deposits

• improper water quality

• insects

• rodents

• mold

• mildew

• excessive humidity unrelated to the Product itself

• acts of God

• power surges

• utility interruptions

• commercial misuse where the Product was sold for residential use

ordinary wear and tear.

ARTICLE 33

UNAUTHORIZED MODIFICATIONS

The Limited Warranty does not cover defects or damage resulting from:

• alteration of the Product

• relocation of the Product

• structural modifications

• use of non-approved replacement parts

• modifications to electrical systems

• modifications to plumbing systems

modifications by anyone other than GeyserSteam or an authorized service provider, to the extent such modifications cause or contribute to the claimed issue.

ARTICLE 34

NATURAL MATERIALS

Customer acknowledges that wood is a natural product.

Natural variations including:

• grain

• knots

• color

• texture

• expansion

• contraction

• checking

• minor movement

• natural aging

• sap or resin pockets

• shrinkage

• swelling

• hairline cracks

minor checking; and

• seasonal movement

are normal characteristics and are not defects unless they materially impair structural integrity or ordinary intended use.

ARTICLE 35

OUTDOOR INSTALLATIONS

Outdoor installations are exposed to environmental conditions beyond GeyserSteam's control.

Customer is responsible for:

• proper weather protection

• proper drainage

• proper roofing where applicable

• UV protection where recommended

• maintenance of sealants

maintenance of finishes.

Normal weathering is not a manufacturing defect.

ARTICLE 36

REPLACEMENT PARTS

Replacement parts supplied under warranty are covered for the remainder of the original warranty period or ninety (90) days after installation of the replacement part, whichever is longer, unless otherwise required by applicable law.

ARTICLE 37

EXCLUSIVE WARRANTY

THIS LIMITED WARRANTY IS THE SOLE EXPRESS WARRANTY PROVIDED BY GEYSERSTEAM.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL OTHER WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED EXCEPT TO THE EXTENT SUCH WARRANTIES CANNOT LAWFULLY BE DISCLAIMED OR LIMITED.

Where applicable law prohibits disclaiming implied warranties, such warranties shall be limited to the shortest period permitted by law.

ARTICLE 38

EXCLUSIVE REMEDY

Except where prohibited by applicable law, the remedies described in this Limited Warranty are Customer's exclusive remedies for any alleged defect in the Product.

GeyserSteam shall not be obligated to provide rescission of the transaction or a refund where it has elected to repair, replace, or otherwise satisfy its warranty obligations in a commercially reasonable manner.

 

PART 4 – PRODUCT SAFETY, HEALTH WARNINGS, ASSUMPTION OF RISK & LIMITATION OF LIABILITY

ARTICLE 39

IMPORTANT PRODUCT SAFETY NOTICE

Steam rooms, traditional saunas, infrared saunas, cold plunges, ice baths, steam generators, sauna heaters, and related wellness products expose users to elevated temperatures, extreme cold, humidity, water, electricity, and other conditions that may present inherent risks.

Customer acknowledges that these Products are intended only for their intended purpose and must be installed, operated, maintained, and used strictly in accordance with:

• GeyserSteam's installation instructions

• Owner's manuals

• Product labels

• Safety warnings

Applicable building and safety codes.

Improper installation, operation, maintenance, or misuse may result in serious injury, property damage, or death.

ARTICLE 40

GENERAL HEALTH WARNING

Use of steam rooms, saunas, infrared saunas, and cold plunges may involve significant health risks.

These Products may contribute to:

• burns

• scalding

• hyperthermia

• heat exhaustion

• heat stroke

• dehydration

• dizziness

• fainting

• loss of consciousness

• respiratory distress

• seizures

• falls

• slips

• cardiac complications

• stroke

• drowning (cold plunges)

• hypothermia

• frostbite

permanent injury; and

death.

Customer acknowledges these risks and agrees to exercise reasonable care when using the Products.

ARTICLE 41

CONSULT A PHYSICIAN

Customer agrees that all users should consult a licensed physician before using any Product if they:

• are pregnant or may become pregnant

• have heart disease

• have high blood pressure

• have low blood pressure

• have diabetes

• have epilepsy

• have respiratory conditions

• have neurological disorders

• have circulatory disorders

• have implanted medical devices

• have pacemakers

• have recently undergone surgery

• have open wounds

• have infectious diseases

are taking medications that affect circulation, blood pressure, alertness, or temperature regulation; or

have any other medical condition that may be affected by exposure to heat or cold.

ARTICLE 42

PREGNANCY WARNING

Pregnant individuals or those who may be pregnant should consult a licensed physician before using any steam room, sauna, or cold plunge.

Exposure to elevated temperatures or extreme cold during pregnancy may present health risks to both the individual and the unborn child.

ARTICLE 43

CHILDREN

Children shall not use any Product without continuous supervision by a responsible adult.

GeyserSteam strongly recommends that young children not use steam rooms, saunas, or cold plunges unless specifically approved by a qualified physician.

ARTICLE 44

ALCOHOL, DRUGS & MEDICATIONS

Use of steam rooms, saunas, or cold plunges while under the influence of alcohol, recreational drugs, or medications that impair judgment, alter body temperature regulation, affect circulation, or cause drowsiness is strongly discouraged and may increase the risk of serious injury or death.

ARTICLE 45

BURN RISK

Steam generators, steam outlets, heaters, hot surfaces, glass, piping, and other components may become extremely hot during operation.

Customer agrees to exercise caution and prevent unnecessary contact with heated components.

Children and individuals with reduced sensation or mobility should be closely supervised.

ARTICLE 46

SLIP AND FALL WARNING

Water, condensation, and humidity may create slippery conditions.

Customer is responsible for maintaining safe flooring, drainage, and slip-resistant walking surfaces.

ARTICLE 47

COLD PLUNGE WARNING

Cold plunges expose users to rapid temperature changes that may result in:

• cold shock

• breathing difficulty

• rapid heart rate

• hypothermia

• unconsciousness

• drowning

• cardiac events

death.

Users should gradually acclimate and avoid prolonged exposure.

ARTICLE 48

CUSTOMER RESPONSIBILITY FOR SAFE USE

Customer agrees to:

• follow all instructions

• supervise children

• supervise guests

• discontinue use if discomfort occurs

• seek medical attention when appropriate

• maintain the Products properly

• prevent unauthorized use

maintain safe operating conditions.

ARTICLE 49

PRODUCT MISUSE

Products shall not be used:

• for commercial purposes unless sold for commercial use

• in violation of manufacturer instructions

• after unauthorized modification

• after known damage

• beyond intended capacity

• in unsafe environmental conditions

contrary to applicable law.

Misuse includes, without limitation:

• standing or jumping on benches

• climbing on glass, doors, roofs, or enclosures

• hanging from doors or hardware

• blocking vents, drains, steam outlets, or required clearances

• using extension cords or unapproved electrical adapters

• operating a Product after flooding, visible damage, overheating, or an electrical fault

• using unapproved chemicals, cleaners, oils, or additives

• exceeding stated occupancy, weight, temperature, or runtime limits

• leaving a Product operating unattended contrary to instructions

commercial use of a Product sold for residential use; and

continuing use after GeyserSteam or a qualified professional has instructed Customer to discontinue use.

Damage arising from misuse is not covered by the Limited Warranty.

ARTICLE 50

ASSUMPTION OF INHERENT RISKS

Customer acknowledges that the use of steam rooms, saunas, infrared saunas, cold plunges, and related wellness products involves inherent risks that cannot be completely eliminated.

Customer voluntarily assumes those inherent risks associated with the normal use of the Products.

Nothing in this Article is intended to waive liability that cannot lawfully be waived under applicable law or to limit GeyserSteam's responsibility for conduct where such limitation is prohibited by law.

ARTICLE 51

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, GeyserSteam shall not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including:

• loss of profits

• loss of business

• loss of use

• loss of revenue

• replacement housing

• hotel expenses

• emotional distress damages

• delay damages

• business interruption

lost opportunities; or

similar consequential losses.

Nothing in this Article excludes liability that cannot lawfully be excluded under applicable law.

ARTICLE 52

MAXIMUM LIABILITY

Except to the extent prohibited by law, GeyserSteam's aggregate liability arising from any transaction shall not exceed the amount actually paid by Customer for the specific Product giving rise to the claim.

This limitation shall not apply where prohibited by applicable law.

ARTICLE 53

NO GUARANTEE OF FITNESS FOR A PARTICULAR INSTALLATION

Unless expressly agreed in writing, GeyserSteam does not guarantee that any Product is suitable for a particular building, project, design, jurisdiction, or intended use.

Customer is responsible for determining whether the Product is appropriate for the intended application and for obtaining any necessary professional advice. GeyserSteam is not responsible for hidden or pre-existing site conditions, including concealed mold, rot, corrosion, structural weakness, defective waterproofing, inadequate drainage, noncompliant wiring or plumbing, hazardous materials, or other conditions not created by GeyserSteam.

ARTICLE 54

CUSTOMER INDEMNIFICATION

To the fullest extent permitted by applicable law, Customer agrees to indemnify, defend, and hold harmless GeyserSteam, its officers, directors, managers, employees, agents, affiliates, subcontractors, successors, and assigns from and against claims, damages, liabilities, judgments, losses, and reasonable expenses (including attorneys' fees where recoverable) arising out of or relating to:

• Customer's misuse of the Product

• unauthorized modifications

• failure to maintain the Product

• failure to follow instructions or warnings

• code violations attributable to Customer or third parties

negligent acts or omissions of Customer or Customer's contractors, installers, electricians, plumbers, architects, engineers, or guests; or

claims brought by third parties arising from Customer's ownership, operation, or use of the Product, except to the extent caused by GeyserSteam's own negligence or other liability that cannot be shifted under applicable law.

ARTICLE 55

THIRD-PARTY WORK

GeyserSteam is not responsible for the acts, omissions, workmanship, or code compliance of third-party contractors, electricians, plumbers, builders, architects, engineers, designers, or installers not retained by GeyserSteam.

ARTICLE 55A

SOFTWARE, WI-FI, CLOUD SERVICES, AND CONNECTIVITY

Products that use software, firmware, mobile applications, Wi-Fi, Bluetooth, cloud services, or third-party platforms depend on systems outside GeyserSteam's control. GeyserSteam does not warrant uninterrupted connectivity, continuous cloud availability, compatibility with every router, mobile device, operating system, internet provider, firewall, or future third-party software update. Customer is responsible for maintaining compatible devices, internet service, network security, passwords, and required subscriptions. Temporary outages, latency, discontinued third-party services, or compatibility changes are not Product defects unless caused by a defect in a GeyserSteam-supplied component covered by the Limited Warranty.

 

PART 5 – RETURNS, CHARGEBACKS, DISPUTE RESOLUTION & GENERAL PROVISIONS

ARTICLE 56

CANCELLATIONS

Orders may not be canceled once production of a Custom Product has begun.

If Customer requests cancellation before production begins, GeyserSteam may retain any amounts reasonably necessary to cover:

• engineering

• design

• administrative costs

• materials ordered

supplier cancellation charges; and

other costs already incurred.

Any refund shall be determined by GeyserSteam in good faith based upon costs incurred and subject to applicable law.

ARTICLE 57

RETURNS

Unless otherwise required by law or expressly agreed to in writing:

Products may be returned only if:

• a Return Merchandise Authorization ("RMA") has been issued by GeyserSteam

• the Product is returned within thirty (30) days of delivery

• the Product is in substantially the same condition as delivered, subject to reasonable inspection

all accessories, manuals, and components are included.

Returns are subject to:

• a restocking fee of up to twenty percent (20%)

• outbound shipping charges

• return shipping charges

• installation labor charges

• disassembly charges

damage beyond ordinary inspection.

Refunds, if any, shall be processed only after inspection of the returned Product.

Custom Products are non-returnable except where required by applicable law or expressly agreed by GeyserSteam in writing.

ARTICLE 58

OPPORTUNITY TO CURE

Customer agrees to notify GeyserSteam in writing of any alleged defect, nonconformity, or warranty issue and provide GeyserSteam a reasonable opportunity to inspect, diagnose, repair, replace, or otherwise address the issue before initiating litigation or other legal proceedings.

Nothing in this Article limits any rights that Customer may have under applicable law or applicable payment card network rules.

Except where immediate action is reasonably necessary to protect health or safety, Customer's refusal to provide a reasonable opportunity to inspect and cure may limit available remedies to the extent permitted by applicable law and may constitute a material breach of the Agreement.

ARTICLE 59

PAYMENT-CARD DISPUTES AND CHARGEBACKS

Customer agrees to notify GeyserSteam promptly in writing of any alleged billing error, unauthorized charge, non-delivery, defect, nonconformity, warranty concern, or other dispute relating to a payment-card transaction and, where the matter is reasonably capable of correction by GeyserSteam, to provide GeyserSteam a reasonable opportunity to investigate and cure the matter before initiating a chargeback or payment dispute.

Customer shall reasonably cooperate with GeyserSteam's investigation, including by providing requested photographs, videos, written descriptions, service records, and reasonable access to inspect, diagnose, repair, replace, or otherwise address the reported concern.

A chargeback or payment dispute initiated without a reasonable factual basis, based on materially inaccurate or incomplete information, or after Customer has accepted, retained, used, or refused to return the Products while seeking reversal of the corresponding payment may constitute a material breach of the Agreement. A chargeback determination by a card issuer, acquiring bank, payment processor, or card network is administrative in nature and does not constitute a final judicial determination of the parties' contractual rights, ownership rights, or obligations.

Unless prohibited by applicable law or payment-card network rules, while a chargeback or payment dispute remains pending, GeyserSteam may:

1. suspend processing of any discretionary return, exchange, credit, or refund request relating to the disputed transaction;

2. suspend non-emergency installation, maintenance, technical-support, or warranty-service scheduling until the payment dispute is resolved, provided that GeyserSteam may take reasonable action necessary to address an immediate safety concern;

3. require Customer to preserve the Products and make them reasonably available for inspection;

4. contest the chargeback and submit relevant contracts, communications, delivery records, installation records, photographs, service records, and other supporting documentation; and

5. pursue any unpaid contractual balance and other remedies available under the Agreement or applicable law.

Initiating a chargeback does not extend, toll, renew, or restart the thirty-day return period. Any return remains subject to the return requirements, exclusions, authorization procedures, condition requirements, shipping obligations, restocking charges, and other provisions of these Terms.

A chargeback does not automatically cancel the Limited Warranty. However, warranty coverage or service may be denied, suspended, or limited to the extent that Customer:

• refuses reasonable inspection or access;

• prevents diagnosis or repair;

• materially alters, relocates, damages, destroys, or disposes of the Product before inspection;

• fails to preserve relevant evidence;

• obtains and retains a reversal of payment while continuing to retain or use the Product without lawful entitlement; or

• otherwise materially breaches obligations that directly affect GeyserSteam's ability to perform warranty service.

Nothing in this Article waives or limits any non-waivable right available to Customer under applicable law or applicable payment-card network rules.

ARTICLE 60

PRESERVATION OF EVIDENCE

If Customer believes a Product is defective, Customer shall preserve the Product in substantially the same condition as it existed when the alleged defect was discovered and shall not materially alter, destroy, discard, or relocate the Product before GeyserSteam has had a reasonable opportunity to inspect it, except where immediate action is reasonably necessary to prevent imminent injury or significant property damage.

ARTICLE 61

DEFAULT

Customer shall be in default upon:

• failure to make timely payment

• providing materially false information

• wrongful refusal to accept delivery

repudiation of the Agreement; or

any other material breach of these Terms.

Upon default, GeyserSteam may exercise any rights available under the Agreement or applicable law.

ARTICLE 62

ATTORNEYS' FEES AND COSTS

In any legal action or proceeding arising out of or relating to these Terms, the purchase of any Product or Service, or any transaction between the parties, the prevailing party shall be entitled to recover its reasonable attorneys' fees, expert witness fees, court costs, litigation expenses, and appellate fees, to the fullest extent permitted by applicable law.

ARTICLE 63

GOVERNING LAW

These Terms and all disputes arising from them shall be governed by the laws of the State of Florida, without regard to its conflict-of-law principles.

ARTICLE 64

VENUE

To the fullest extent permitted by applicable law, the parties agree that any lawsuit arising out of or relating to these Terms, any purchase, any Product, or any Service shall be brought exclusively in the state courts located in Miami-Dade County, Florida, or, where federal jurisdiction exists, the United States District Court for the Southern District of Florida, Miami Division.

Each party irrevocably submits to the personal jurisdiction of those courts and waives any objection based on improper venue or forum non conveniens.

If a court determines that this venue provision is unenforceable with respect to a particular claim, the remainder of these Terms shall remain in effect.

ARTICLE 65

MEDIATION

Before filing any lawsuit (other than an action seeking temporary injunctive relief or the collection of an undisputed debt), either party shall first provide written notice of the dispute and participate in good-faith mediation.

Unless otherwise agreed, mediation shall occur in Miami-Dade County, Florida.

If the dispute is not resolved within sixty (60) days after the mediation request, either party may pursue any legal remedies available under the Agreement or applicable law.

ARTICLE 66

WAIVER OF JURY TRIAL

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVES THE RIGHT TO A TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY.

ARTICLE 67

NOTICES

Any notice required under these Terms shall be in writing and delivered by:

• certified mail

• nationally recognized overnight courier

email to the address designated by the receiving party; or

another method agreed upon in writing.

Notice is deemed given upon confirmed delivery or, for email, when no delivery failure notice is received.

ARTICLE 68

ENTIRE AGREEMENT

These Master Terms and Conditions, together with any signed purchase agreement, quotation, invoice, warranty, maintenance agreement, or written addendum executed by GeyserSteam, constitute the complete agreement between the parties and supersede all prior negotiations, discussions, representations, and agreements concerning the transaction.

ARTICLE 69

SEVERABILITY

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.

ARTICLE 70

NO WAIVER

Failure by GeyserSteam to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

Any waiver must be in writing and signed by an authorized representative of GeyserSteam.

ARTICLE 71

ASSIGNMENT

Customer may not assign or transfer any rights or obligations under these Terms without GeyserSteam's prior written consent.

GeyserSteam may assign these Terms in connection with a merger, sale of assets, financing transaction, or corporate reorganization.

ARTICLE 72

SURVIVAL

The following provisions shall survive completion, cancellation, or termination of the transaction:

• payment obligations

• warranty limitations

• limitation of liability

• indemnification

• dispute resolution

• attorneys' fees

• governing law

• venue

confidentiality obligations (if applicable); and

any provision that by its nature is intended to survive.

ARTICLE 73

ELECTRONIC RECORDS AND SIGNATURES

The parties agree that electronic records, electronic signatures, click-through acceptance, email communications, and electronically stored documents satisfy any legal requirement that a document be in writing or signed, to the fullest extent permitted by applicable law.

ARTICLE 74

HEADINGS

Article titles and headings are included for convenience only and do not affect interpretation.

ARTICLE 75

EFFECTIVE DATE

These Terms become effective upon the earliest of:

• Customer's electronic acceptance

• execution of a purchase agreement

• payment of a deposit

• placement of an order

• acceptance of delivery

commencement of installation; or

use of any Product or Service.

ARTICLE 76

ORDER OF PRECEDENCE

If there is a conflict among transaction documents, the following order controls unless a later document expressly states otherwise: (1) a signed written amendment; (2) a signed purchase agreement or change order; (3) the accepted quotation or proposal; (4) these Master Terms and Conditions; and (5) the invoice. Customer purchase-order terms do not apply unless expressly accepted in writing by an authorized officer of GeyserSteam.

ARTICLE 77

NO RELIANCE ON ORAL STATEMENTS

Customer acknowledges that no salesperson, dealer, installer, contractor, or other representative may make a warranty, promise, design commitment, performance guarantee, or modification binding on GeyserSteam unless it is included in a written document signed by an authorized officer of GeyserSteam. Customer is not relying on oral statements that are inconsistent with the written transaction documents.

ARTICLE 78

PHOTOGRAPHS AND PROJECT DOCUMENTATION

GeyserSteam may photograph or record Products and installation conditions for quality control, warranty administration, training, and claim documentation. GeyserSteam will not use images that identify Customer, occupants, or the precise project address for public marketing without separate consent, except as reasonably necessary to enforce legal rights or comply with law.

ARTICLE 79

CONSUMER RIGHTS SAVINGS CLAUSE

Nothing in these Terms waives, limits, or disclaims any right, remedy, warranty, or liability that cannot lawfully be waived, limited, or disclaimed. If Customer is a consumer, any provision that conflicts with a mandatory consumer-protection law applies only to the maximum extent permitted by that law.

ARTICLE 80

REVISION AND APPLICABLE VERSION

The version of these Terms provided to or affirmatively accepted by Customer at the time of order governs that transaction unless the parties later agree in writing to a different version. GeyserSteam may revise these Terms prospectively, but revisions do not retroactively modify an existing transaction without Customer's agreement.