TERMS AND CONDITIONS OF USE AND SALE

Last Updated: December 2025

These Standard Terms and Conditions (the “Terms of Use”) govern your purchase of all products and services offered by GardaPack LLC (“GardaPack”), whether through the Site, a GardaPack®

representative, or in person, including your access to and use of all GardaPack® Sites.

By using the GardaPack® Site(s), you affirm that you are of legal age to enter into these Terms of Use. If you violate or do not agree to these Terms of Use, your access to and use of the GardaPack® Sites is unauthorized.

1. DEFINITIONS

• “GardaPack” shall mean GardaPack LLC and its parents, subsidiaries, and affiliates, including their directors, officers, employees, agents, suppliers, vendors, contractors, and licensors.
• “Site(s)” shall mean the website located at www.gardapack.com and all associated subdomains or pages linked by GardaPack®.
• “Customer,” “User,” “You,” or “Your” shall mean any user or purchaser of products and services (including but not limited to vacuum seal bags, vacuum sealers, packaging bags, accessories, parts, and custom packaging) offered by GardaPack®.
• “Sales Order” shall mean any purchase order, sales order, or sales receipt produced for the purchase of products and services through GardaPack®.

2. AGREEMENT TO TERMS

BY USING THIS SITE AND/OR PLACING A SALES ORDER, YOU EXPRESSLY AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THE SITE OR PLACE A SALES ORDER.

IMPORTANT NOTICE: THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION. BY AGREEING, YOU WAIVE YOUR RIGHT TO SETTLE DISPUTES IN COURT OR PARTICIPATE IN CLASS ACTION LAWSUITS.

GardaPack® reserves the right to modify these Terms of Use at any time. It is your responsibility to check for changes. Continued use of the Site following updates constitutes acceptance of those changes.

3. USER ACCOUNT AND SECURITY

Accessing certain features may require an account. You certify that all information provided is accurate and complete. You are solely responsible for maintaining the confidentiality of your account credentials. GardaPack® is not liable for losses resulting from unauthorized account use. We reserve the right to restrict or terminate accounts at our sole discretion.

4. PURCHASES AND PRICING

• Product Range: These terms apply to all goods sold, including machinery (vacuum sealers), consumables (bags), and custom-manufactured packaging.
• Pricing Errors: GardaPack® reserves the right to cancel orders containing pricing or availability errors, even after an order confirmation or shipping notice has been sent.
• Custom Orders: Quotes for custom packaging, artwork, or specialized parts are preliminary and subject to change until final specifications, artwork files, or targets are received and approved by GardaPack®.
• Geographic Limitations: Online pricing may not be valid for shipments outside the contiguous 48 United States. GardaPack® reserves the right to refuse sales to specific regions or to resellers at its discretion.

5. PAYMENT TERMS

Unless otherwise agreed in writing, payment must be made in full in USD prior to shipment.

• Methods: Payment is accepted via wire transfer, credit card, check, or other methods approved by GardaPack®.
• Late Fees: Late payments accrue interest at the lesser of 3% per month or the highest rate permitted by law.
• No Setoff: You may not withhold or offset payments due to GardaPack® against any claims you may have against the company.

6. SHIPMENT AND DELIVERY

Shipping dates are estimates only. GardaPack® is not liable for delays, losses, or damages occurring during transit, nor for seizures by U.S. Customs or other government entities.

• Partial Shipments: GardaPack® may make partial shipments at its discretion.
• Shortages: Claims for non-delivery must be submitted in writing within five (5) calendar days of the expected delivery date. GardaPack’s liability is limited to delivering the missing goods or adjusting the Sales Order.

7. TITLE AND SECURITY INTEREST

†Title to products remains with GardaPack® until payment is received in full. GardaPack® retains a purchase money security interest in all products until paid. In the event of default, GardaPack® may repossess and resell the products in accordance with the Uniform Commercial Code (UCC).

8. RETURNS AND INSPECTIONS

• Return Window: Eligible items may be returned within thirty (30) days of receipt, subject to written authorization from GardaPack®.
• Authorization Required: No products shall be returned to GardaPack® without prior written authorization.
• Restocking Fees: Returns made without cause (including machine parts or standard bags) may be subject to a standard restocking fee. Custom packaging is generally non-returnable.
• Inspection Period: All shipments must be inspected within thirty (30) days of receipt. Any claims for defects, manufacturing errors, or non-compliance with specifications must be submitted in writing to GardaPack® within this thirty-day window.

9. WARRANTIES AND LIMITATION OF LIABILITY

ALL PRODUCTS AND SERVICES ARE PROVIDED “AS-IS.” GARDAPACK® DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

• Remedy: Your sole remedy for dissatisfaction with the Site or its content is to stop using the Site.
• Damages: In no event shall GardaPack® be liable for consequential, indirect, incidental, or punitive damages (including lost profits or business interruption due to equipment failure), regardless of whether such damages were foreseeable.
• Aggregate Liability: GardaPack’s total liability shall not exceed the total amount paid by the Customer for the specific products or services giving rise to the claim.

10. PRODUCT COMPLIANCE AND COMPATIBILITY

• Legal Compliance: It is the Customer’s responsibility to ensure that products (including vacuum bags and custom packaging) comply with local, state, and federal laws regarding food safety, labeling, and disclaimers.
• Compatibility: GardaPack® is not responsible for product compatibility (e.g., sealer performance with third-party bags or shelf-life stability). We strongly recommend that Customers perform compatibility testing and vacuum-seal trials prior to full-scale production. Samples for testing may be provided upon request (subject to fees).

11. INDEMNIFICATION

The Customer agrees to indemnify, defend, and hold harmless GardaPack® from all claims, damages, and expenses (including attorney fees) arising out of the Customer’s use of the Site or the purchase, use, or resale of GardaPack® products.

12. COMPLIANCE WITH LAW

You represent that you possess the necessary skill, expertise, and licenses to handle, store, and transport the products purchased. You agree to use all products—including industrial vacuum sealers—in accordance with industry standards and applicable safety regulations.

13. DISPUTE RESOLUTION AND CHOICE OF LAW

• Governing Law: These Terms are governed by, and construed in accordance with, the laws of the State of Florida and the State of California, without regard to conflict of law provisions.
• Arbitration: All disputes shall be resolved through final and binding arbitration in Palm Beach County, Florida, and/or Los Angeles County, California. The arbitration shall be determined by final, binding arbitration before three (3) arbitrators; provided, however, that each party retains its right to seek injunctive relief under applicable law. Judgment on the award may be entered in any court having jurisdiction.
• Venue: Any allowed court proceedings (such as injunctive relief) must be brought in state or federal courts located in Palm Beach County, Florida, and/or Los Angeles County, California.

14. INTELLECTUAL PROPERTY (CONTENT)

All text, graphics, logos, and photographs on the Site (“Content”) are owned or licensed by GardaPack®. No part of the Site may be copied, reproduced, or distributed for commercial purposes without express written consent.

15. CONTACT INFORMATION

For questions regarding these Terms or to report errors, please contact us:

Email: info@gardapack.com Phone: 1 (833) 464-2732 Address: 9314 Forest Hill Blvd, Suite 919, Wellington, FL 33411