Terms and Conditions

When placing an order for XeroFlood Barriers, you acknowledge the following:

XeroFlood is a 100% Bespoke, Manufactured Product

XeroFlood is specifically designed and engineered to fit within each potential flood water inlet of your home or business. To ensure precision, the technology is custom-manufactured to within a 1/4 inch of each opening in your specific property.
Due to the entirely customized nature of the product and the associated manufacturing costs, payment terms are a strictly 50% on order and 50% on shipping for invoices. This policy is unfortunately non-negotiable and applies without exception. Order cancellations after 14 days are non-refundable. Due to the customized nature and value of the product, returns after delivery are up to the discretion of management and will incur a minimum 35% restocking fee. All on-order products remain the property of XeroFlood until any/all remaining balances are satisfied.

Specific Client - Hardware Installation Waiver

The Customer acknowledges and agrees that the installation and use of non-penetrating hardware, including but not limited to baseboard fill panels, ratchet bars, and false wall pressure bars, may result in superficial damage to floors, ceilings, or drywall applications, which may include, but is not limited to, minimal water penetration, scuffs, dents, or, in rare cases, cracking if floor tiles were improperly installed (e.g., containing air pockets). The Customer accepts that any necessary repairs arising from such applications shall be the sole responsibility of the Customer and shall be performed at the Customer’s expense following the deployment and removal of the flood barrier.

Terms and Conditions of Sale

ARTICLE 1 – APPLICABILITY
(a) These Terms and Conditions of Sale (these “Terms”) are the only terms that govern the sale of the products (the “Products”) by Xero Technologies Inc., a Florida corporation (the “Seller”), and the Patent owners FlowStop Industries Inc, a Delaware corporation (“manufacturer’) to any purchaser (the “Buyer”). Notwithstanding anything herein to the contrary, if a written contract signed by both parties is in existence covering the sale of the Products contemplated hereby, the terms and conditions of such contract shall prevail to the extent they are inconsistent with these Terms.
(b) The accompanying signed Agreement (the “Purchase Agreement”) and these Terms (collectively, this “Agreement”) constitute the entire agreement between the parties and supersede all prior or contemporaneous understandings, agreements, negotiations, representations, warranties, and communications, whether written or oral. These Terms prevail over any of the Buyer’s general terms and conditions of purchase, regardless of whether or when the Buyer has submitted its purchase order or such terms. Fulfillment of the Buyer’s order does not constitute acceptance of any of the Buyer’s terms and conditions and does not serve to modify or amend these Terms.
ARTICLE 2 - PRODUCT
All Products are custom-made to order. The following terms apply to the production process:
(a) Verification of Installation Conditions. The Client is responsible for verifying the installation conditions at the site, both at the point of sale and continuing thereafter, including:
i) Ensuring that the available height for each opening is sufficient.
ii) Identifying potential obstacles, such as door handles, doorbells, or other fixtures, that may impede installation.
iii) Confirming that the purchased height of the barrier accounts for historical flood levels in the surrounding area.
(b) Quotation Review and Validation. The Client shall review and validate the quotation, which includes the following details:
I. The total number of openings in the primary residence and any ancillary structures.
II. The quantities of the materials to be produced, which must correspond to the openings requiring protection.
(c) Submission of Signed Agreement and Payment. To confirm the order, the Client must return the signed Agreement and make payment of the corresponding invoice.
(d) Production and Agreement. Production will commence only after the signed Agreement and payment of the corresponding invoice are received. The production process will adhere strictly to the specifications outlined in the validated quotation.
ARTICLE 3 - DELIVERY
(a) The Products will be delivered when possible in line with the projected timeframe shown on the Quotation document, or within 45-90 days (unless specified otherwise) after receipt of the Buyer’s signed Agreement and corresponding payment. The Seller shall not be liable for any delays caused by loss, or damage in transit.
(b) Unless otherwise agreed in writing by the parties, the Seller shall deliver the Products to the address listed in the Agreement (the “Shipping Address”) using the Seller’s standard methods for packaging and shipping such Products. The Buyer shall take delivery of the Products at the Delivery Point.
(c) The Seller may, in its sole discretion and without liability or penalty, make partial shipments of the Products to the Buyer. Each shipment will constitute a separate sale, and the Buyer shall pay for the units shipped, whether such shipment is in whole or partial fulfillment of the Buyer’s purchase order.
(d) If for any reason the Buyer fails to accept delivery of any of the Products, or if the Seller is unable to deliver the Products at the Delivery Point because the Buyer has not provided appropriate instructions, documents, or authorizations:
(i) risk of loss to the Products shall pass to the Buyer;
(ii) the Products shall be deemed to have been delivered; and
(iii) the Seller, at its option, may store the Products until the Buyer picks them up, whereupon the Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance).

ARTICLE 4 - ACCESSORIES AND INSTRUCTIONS
(a) User Manual. Each Product includes a user manual.
(b) Training. Buyers can access online instructions; however, unless otherwise requested by the Buyer, the sellers representative will arrive on-site during the week of delivery or the following week to train all required personnel on installation.
ARTICLE 5 - TITLE AND RISK OF LOSS
Title and risk of loss pass to the Buyer upon delivery of the Products at the Delivery Point
ARTICLE 6 - AMENDEMENT AND MODIFICATION
These Terms may only be amended or modified in a writing which specifically states that it amends these Terms and is signed by an authorized representative of each party.
ARTICLE 7 - INSPECTION AND REJECTION OF NONCONFORMING PRODUCT
(a) The Buyer shall inspect and test the Products within 15 days of receipt (the “Inspection Period”). The Buyer will be deemed to have accepted the Products unless they notify the Seller in writing of any Nonconforming Products during the Inspection Period and furnishes such written evidence or other documentation as reasonably required by the Seller. “Nonconforming Products” means only the following:
(i) the Product shipped is different from that identified in the Buyer’s purchase order; or
(ii) the Product’s label or packaging incorrectly identifies its contents.
(b) If the Buyer timely notifies the Seller of any Nonconforming Products, the Seller shall, in its sole discretion:
(i) replace such Nonconforming Products with conforming Products; or
(ii) credit or refund the Price for such Nonconforming Products, together with any reasonable shipping and handling expenses incurred by the Buyer in connection therewith.
The Buyer shall ship, at its expense and risk of loss, the Nonconforming Products to the Seller’s facility in Tampa, Florida. The Seller shall, after receiving the Buyer’s shipment of Nonconforming Products, ship to the Buyer, at the Seller’s expense and risk of loss, the replacement Products to the Delivery Point.
(c) The Buyer acknowledges and agrees that the remedies set forth in Section 7(b) are the Buyer’s exclusive remedies for the delivery of Nonconforming Products. Except as provided under Section 7(b), all sales of Products to the Buyer are made on a one-way basis, and the Buyer has no right to return Products purchased under this Agreement to the Seller.