Terms of Sale

1. Definitions and Scope

1.1 These Terms of Sale (these “Terms”) govern every sale of goods, parts, equipment, chemicals and supplies (the “Goods”), and the related services described in Section 12 (the “Services”), by SPFM Corp., doing business as The Spray Market, 162 2nd Avenue, Brooklyn, New York 11215 (“Seller,” “we,” “us” or “our”), to the person or business placing the order (“Buyer,” “you” or “your”), whether the order is placed online, by telephone, by email, in person or by any other means.

1.2 These Terms are incorporated into, and should be read together with, our Terms & Conditions, Refund & Returns Policy and Shipping Policy (together, the “Policies”). The Policies are intended to be read consistently. If these Terms conflict with another Policy as to a sale, these Terms control, except that the terms published with a particular Promotion control as to that Promotion as provided in Section 8.

1.3 Seller rejects any term in Buyer’s purchase order, acknowledgment, form or other communication that is different from or in addition to these Terms, unless Seller accepts it in a writing signed by an authorized representative of Seller. Placing an order, or accepting delivery or pickup of Goods, constitutes Buyer’s acceptance of these Terms.

2. Accounts

2.1 Buyer may maintain more than one account with Seller, including separate accounts for different companies, divisions, locations or job sites. Buyer represents that all information provided for each account is accurate and complete and is responsible for all activity under each account.

2.2 All limits, caps, quantity restrictions, eligibility conditions and promotional benefits (including limits stated as “per customer”) apply to the Buyer and its owners, affiliates and related entities as a whole, and are aggregated across every account that belongs to or is controlled by any of them, and not applied separately to each account.

2.3 Seller may determine, in its reasonable discretion, whether accounts belong to the same customer, taking into account common ownership or management, names, addresses, telephone numbers, email addresses, tax identification numbers, payment methods and ordering patterns.

2.4 Buyer shall not open, maintain or use multiple accounts, or use the account of another person, to circumvent any limit or condition or to obtain any discount or benefit more than once. If Seller determines that this has occurred, Seller may combine the accounts, withdraw or reverse the affected discount or benefit, cancel the affected order, and suspend or close the accounts.

3. Prices and Errors

3.1 All prices are quoted in United States dollars and exclude sales and use taxes, freight, handling, delivery, hazardous materials and other applicable charges unless expressly stated otherwise. Prices may change at any time without notice, but the price displayed to Buyer at checkout when the order is placed applies to that order, subject to Section 3.3.

3.2 Information on Seller’s website, in its catalogs and in its communications, including prices, descriptions, specifications, images, compatibility information and inventory levels, may contain typographical, technical or other errors. Inventory levels are updated periodically and do not guarantee availability.

3.3 If Seller discovers an error in the price, description or availability of Goods, Seller may cancel the order or the affected portion of it, or may offer to fulfill it at the corrected price, in which case Buyer may accept the corrected price or cancel. Seller will not charge a corrected price without Buyer’s approval. If Buyer has been charged for cancelled Goods, Seller shall refund the amount charged for those Goods to the original payment method, which shall be Buyer’s sole remedy. Seller shall have no other liability arising from the error or cancellation.

3.4 Member, contractor, trade and tier pricing is extended for Buyer’s own business use. Buyer may install the Goods, incorporate them into its projects and work, and bill its own customers for them in the ordinary course of its business. Buyer may not disclose its pricing to others, use its account to purchase for or on behalf of another person that does not itself qualify for the pricing, or resell the Goods in bulk or as a distributor, without Seller’s written consent. Seller may modify or withdraw any pricing program, and may reverse pricing obtained in violation of this Section.

4. Orders, Acceptance and Cancellation

4.1 Each order is an offer to purchase on these Terms. No order is binding on Seller until Seller accepts it by shipping the Goods, notifying Buyer that the Goods are ready for pickup, or confirming acceptance to Buyer. An automated confirmation of receipt is not acceptance.

4.2 Seller may, without liability, refuse, limit, hold or cancel any order or any portion of an order before delivery or pickup, including because of availability, pricing or listing errors, suspected fraud, credit or payment concerns, quantity limits, regulatory restrictions, or Buyer’s breach of these Terms. Seller may require verification of Buyer’s identity, authority or payment method before shipping or releasing an order. If Seller cancels an order or any portion of it, Seller shall promptly refund any amount paid for the cancelled Goods to the original payment method, or credit Buyer’s account if Buyer paid on account.

4.3 Buyer may cancel an order or any portion of an order that has not yet been picked, shipped or made available for pickup, at no charge, except for special orders and cancellation fees as provided in Section 4.4, and freight already booked. Seller will refund any amount paid for cancelled Goods.

4.4 A “special order” is Goods that Seller does not stock and orders from a manufacturer or supplier specifically for Buyer, or Goods that are made, cut or configured to Buyer’s specifications, and that Seller identifies as a special order to Buyer before ordering, at checkout or in its written confirmation. Ordinary backordered Goods that Seller normally stocks are not special orders. Special orders are non-cancellable once placed with the supplier. They may be returned only if the manufacturer or supplier accepts the return, in which case Buyer shall bear the manufacturer’s charges. Seller may require a deposit or payment in full before placing a special order, and where Buyer cancels, changes or reduces an order that Seller has begun to fill, Seller may charge a cancellation fee limited to its actual costs, including supplier, restocking and handling charges.

4.5 Quoted lead times, ship dates and delivery dates are estimates. If Seller is unable to ship Goods within the time it promised, or within thirty (30) days if no time was promised, Seller will notify Buyer and offer Buyer the choice to consent to the delay or to cancel the affected Goods for a prompt refund.

5. Partial Orders and Backorders

5.1 Seller may ship an order in more than one shipment when some Goods are available and others are not. Seller will charge Buyer for Goods in each shipment when that shipment ships or is made available for pickup, and not for Goods that have not yet shipped, except for special-order deposits or advance payments agreed under Section 4.4.

5.2 The price of backordered Goods in an accepted order is preserved for that order, unless Section 3.3 applies. Buyer may cancel ordinary backordered Goods that have not shipped at any time before shipment, subject to Section 4.4 as to special orders.

5.3 If shipping an order in more than one shipment would result in additional delivery charges, Seller will tell Buyer before the additional charge is incurred and will obtain Buyer’s approval, and Buyer may instead choose to wait for a single shipment or to cancel the unavailable Goods. Seller will not charge additional delivery charges for splitting an order that result from Seller’s own choice to ship separately.

5.4 If part of an order is cancelled or not fulfilled, any discount, credit or Promotion applied to the order will be allocated to the Goods actually fulfilled, in proportion to their price, subject to the terms of the Promotion. Seller may adjust or withdraw a Promotion that depends on Goods that are cancelled or not fulfilled.

6. Payment, Credit and Collection

6.1 Payment cards. Where Buyer pays by payment card, Buyer authorizes Seller to authorize the card when the order is placed and to charge the card when the Goods ship, are delivered or are made available for pickup, or in accordance with Section 5.1 for partial shipments. Buyer represents that it is authorized to use the card.

6.2 Credit terms. Credit terms are extended only to Buyers approved by Seller in writing and may be conditioned on a credit application, personal guaranty and credit review. Invoices are due in full on the terms stated on the invoice or in Buyer’s credit agreement. Seller may at any time reduce, suspend or withdraw credit, require payment in advance or on delivery, or hold open orders. If any invoice is not paid when due, all other amounts owed by Buyer to Seller become immediately due at Seller’s option.

6.3 Late charges. Past-due balances bear a late charge of one and one-half percent (1.5%) per month (eighteen percent (18%) per annum), or the maximum rate permitted by applicable law if less, from the due date until paid in full. Seller may apply payments to the oldest outstanding balance.

6.4 Payment disputes. Buyer shall notify Seller in writing of any invoice dispute within the period stated on the invoice, or if none is stated, within ten (10) days after the invoice date, and shall pay the undisputed portion when due. Buyer shall not set off against amounts owed any amount it claims Seller owes, unless Seller agrees in writing.

6.5 Security interest. To secure payment of the purchase price and all other amounts owed, Buyer grants Seller a purchase-money security interest in all Goods sold on credit and in the proceeds of those Goods, until paid in full. Buyer authorizes Seller to file financing statements and take other steps Seller considers appropriate to perfect and enforce that interest.

6.6 Chargebacks. Buyer is encouraged to contact Seller first to resolve any billing concern, and nothing in these Terms limits any right Buyer has under law or under the rules of its card issuer to dispute a charge. If a chargeback or payment reversal is determined to be improper, or if any payment is returned or dishonored, Buyer remains liable for the amount actually owed for the Goods and Services, plus any fees Seller incurs that are recoverable by law, and Seller may suspend Buyer’s accounts until the matter is resolved.

6.7 Collection costs. To the extent permitted by law, Buyer shall pay Seller’s reasonable costs of collecting amounts not paid when due, including attorneys’ fees, collection agency fees and court costs.

7. Taxes

7.1 Buyer is responsible for all sales, use, excise and similar taxes, duties and fees applicable to the sale, except to the extent Buyer furnishes Seller, before invoicing, a valid and complete exemption or resale certificate acceptable to Seller. Buyer is responsible for the accuracy and validity of any certificate furnished and shall reimburse Seller for any tax, interest, penalty and cost assessed against Seller because an exemption was claimed improperly.

8. Sales, Promotions and Promotion Codes

8.1 Each sale, discount, deal or promotion (a “Promotion”) is subject to the specific terms published with it, in addition to these Terms. In the event of a conflict, the terms published with the Promotion control as to that Promotion.

8.2 Unless a Promotion states otherwise: (a) a promotion code must be entered at checkout, and an order placed without the code is not eligible and will not be adjusted afterward; (b) limits and caps apply per customer in accordance with Section 2, and not per account; (c) value caps and quantity limits apply to the total of all eligible Goods; (d) a Promotion may not be combined with any other discount, code or offer; (e) a Promotion is available only for the dates stated; and (f) a Promotion may be restricted to Sprayers Club members or other approved accounts.

8.3 ALL SALE AND PROMOTION ITEMS, INCLUDING FREE ITEMS AND ITEMS PURCHASED TO QUALIFY FOR A PROMOTION, ARE FINAL SALE AND MAY NOT BE RETURNED, EXCHANGED OR REFUNDED, EXCEPT WHERE THE LAW REQUIRES OTHERWISE AND EXCEPT FOR GOODS THAT ARE WRONG OR DEFECTIVE AS DESCRIBED IN SECTION 10.4. SELLER WILL STATE THIS RESTRICTION ON EACH PROMOTION BEFORE PURCHASE.

8.4 Seller may modify, suspend or end any Promotion at any time, and before Goods ship may refuse, cancel or correct any order, discount or benefit that does not comply with the terms of the Promotion or that was applied in error. After Goods have shipped, Seller may reverse a Promotion only where Buyer obtained it through misrepresentation, abuse or a violation of these Terms, in which case Seller will notify Buyer and Buyer shall pay the full price of the Goods.

9. Delivery, Pickup, Title and Risk of Loss

9.1 Delivery and pickup are also governed by the Shipping Policy. Seller may select the carrier and method of shipment. Delivery dates are estimates.

9.2 For Goods that Seller delivers on its own trucks, title and risk of loss and damage remain with Seller until the Goods are delivered to Buyer or Buyer’s representative at the delivery location. For Goods that Buyer picks up, they pass when Buyer or Buyer’s representative takes possession. For Goods shipped by a third-party parcel or freight carrier selected by Seller, they pass when Seller delivers the Goods to the carrier, and Seller will assist Buyer in presenting any claim to the carrier. In each case, title to Goods sold on credit remains subject to Section 6.5.

9.3 Buyer shall inspect all Goods on receipt, note visible damage or shortage on the delivery receipt before signing, and report it to Seller the same day. Concealed damage must be reported within five (5) calendar days after delivery, as stated in the Shipping Policy. Claims not reported within those periods may be refused, to the extent permitted by law.

9.4 Buyer is responsible for complete and accurate delivery information, for ensuring that the delivery location can lawfully and safely receive the Goods, and for additional charges resulting from failed delivery attempts, redelivery, storage, waiting time or special handling, which Seller will describe to Buyer before they are incurred where reasonably possible.

10. Returns

10.1 Subject to Section 8.3 and to the exclusions in the Refund & Returns Policy, Goods may be returned within thirty (30) days after delivery or pickup, Buyer must request a return authorization from Seller within that thirty (30) day period, and may return Goods only with an authorization issued by Seller. Buyer must ship or deliver the authorized Goods within fourteen (14) days after the return authorization is issued. Goods returned without a return authorization may be refused.

10.2 Returns that are not caused by Seller’s error are subject to a restocking fee of twenty percent (20%) of the purchase price, and Buyer pays return shipping. Returned Goods must be complete, unused, uninstalled, unopened and in their original, resalable condition and packaging. Seller may refuse or reduce any credit for Goods that are not.

10.3 The following are not returnable: chemicals; opened or used Goods; Goods that have been installed, modified or cut to length; clearance or “as-is” Goods; Goods that are final sale under Section 8.3; and any other Goods identified as non-returnable in the Refund & Returns Policy or at the time of sale. Special orders are governed by Section 4.4.

10.4 If Seller ships the wrong Goods, or Goods that are defective on arrival (other than chemicals, which are handled as manufacturer claims as stated in the Refund & Returns Policy), Seller will not charge a restocking fee and will pay return shipping, and Buyer may choose a replacement or a full refund, provided Buyer notifies Seller in writing, which may be by email, within thirty (30) days after delivery or pickup. Refunds are issued to the original payment method, or as account credit for account customers.

11. Safe and Lawful Use; Buyer Responsibility; Indemnity

11.1 Buyer is responsible for determining the suitability of any Goods for Buyer’s intended use and for the storage, handling, application, use, resale and disposal of the Goods in compliance with the manufacturer’s instructions, Safety Data Sheets, labels and all applicable laws, regulations, codes, permits and industry standards. Buyer represents that its personnel are properly trained, certified where required, and equipped with appropriate protective equipment. See also Section 8 of our Terms & Conditions.

11.2 Information, advice, recommendations and compatibility or sizing guidance provided by Seller or on its website are general in nature, are provided for convenience, and do not replace the manufacturer’s instructions or Buyer’s own professional judgment and testing.

11.3 Buyer shall defend, indemnify and hold harmless Seller, its owners, officers, employees, agents and affiliates from and against all claims, losses, liabilities, damages, penalties, costs and expenses, including reasonable attorneys’ fees, arising out of Buyer’s storage, handling, use, application, resale or disposal of Goods, Buyer’s breach of these Terms, or Buyer’s violation of law, except to the extent caused by the gross negligence or willful misconduct of Seller.

12. Repair, Rebuild and Custom Work

12.1 This Section applies to repair, rebuild, service and custom assembly work performed by Seller (“Services”), in addition to the other provisions of these Terms.

12.2 Seller will inspect the equipment and provide an estimate or authorization request. Seller will not proceed with work beyond a diagnostic inspection until Buyer authorizes it, which may be given by email, telephone or through Seller’s online form. Seller may charge an inspection or diagnostic fee, which will be disclosed to Buyer in advance.

12.3 Service dates and turnaround times are estimates, and unless Seller states otherwise in writing, service is performed on a non-priority basis. Replacement parts used in Services are new OEM parts unless Seller states otherwise.

12.4 Buyer represents that it owns the equipment or is authorized to have it serviced, and that the equipment has been decontaminated and cleared of hazardous residue where reasonable. Seller may charge for cleaning, disposal or hazardous handling. Equipment not collected within thirty (30) days after Seller notifies Buyer that the work is complete may be subject to storage charges, and equipment not collected after a further sixty (60) days may be disposed of or sold to recover amounts owed, to the extent permitted by law.

12.5 Seller warrants that Services will be performed in a workmanlike manner. Buyer must notify Seller in writing, which may be by email, within thirty (30) days after the equipment is returned of any claim that the Services were not so performed, and Seller’s sole obligation is to re-perform the Services or refund the charge for them. Seller does not warrant the condition of parts or components that Seller did not repair or replace, or the results obtained from use of the equipment.

13. Warranty Disclaimer; Remedies

13.1 Goods are covered by the warranty, if any, that the manufacturer provides. Seller passes through the manufacturer’s warranty to Buyer and will help Buyer present a claim. The terms and duration of the manufacturer’s warranty are set by the manufacturer, are not shortened by anything in these Terms, and generally extend only to the original purchaser and do not cover normal wear, misuse, improper installation or storage, failure to maintain, modification or use contrary to instructions.

13.2 EXCEPT FOR THE MANUFACTURER’S WARRANTY AND SELLER’S OBLIGATIONS IN SECTIONS 10.4 AND 12.5, SELLER MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY OF NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, TO THE EXTENT PERMITTED BY LAW. USED, REFURBISHED, CLEARANCE AND AS-IS GOODS ARE SOLD WITHOUT WARRANTY UNLESS SELLER STATES OTHERWISE IN WRITING.

13.3 The thirty (30) day notice period in Section 10.4 applies only to claims that Seller shipped the wrong Goods or Goods that were defective on arrival, and does not limit Buyer’s right to make a claim under the manufacturer’s warranty during the manufacturer’s warranty period.

14. Limitation of Liability

14.1 TO THE FULLEST EXTENT PERMITTED BY LAW, SELLER SHALL NOT BE LIABLE TO BUYER OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, WORK OR GOODWILL, DOWNTIME, JOB DELAY, OR COST OF REWORK, REPAIR, REMOVAL OR REPLACEMENT OF WORK PRODUCT OR PROPERTY, ARISING OUT OF OR RELATING TO THE GOODS, THE SERVICES OR THESE TERMS, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.2 TO THE FULLEST EXTENT PERMITTED BY LAW, SELLER’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO ANY SALE, THE GOODS, THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE PRICE ACTUALLY PAID BY BUYER FOR THE SPECIFIC GOODS OR SERVICES GIVING RISE TO THE CLAIM.

14.3 The limitations in this Section 14 apply regardless of the form of action or legal theory, whether in contract, tort (including negligence), strict liability, product liability, warranty or otherwise, to the extent permitted by law. Any claim or action arising out of a sale must be commenced within one (1) year after the claim arises, to the extent permitted by law.

14.4 Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability arising from Seller’s gross negligence or willful misconduct, or any right of Buyer that cannot be waived by agreement.

15. Events Beyond Seller’s Control

15.1 Seller shall not be liable for any failure or delay in performance caused by any event beyond its reasonable control, including shortages or delays of supply from manufacturers or suppliers, allocation of materials, carrier delays, acts of God, weather, fire, flood, labor disputes, civil disturbance, war, terrorism, pandemic, governmental action, and failures of utilities or communications systems. Seller will notify Buyer of any material delay, Buyer may cancel the affected Goods for a prompt refund of any amount paid for them, and Seller may allocate available supply among its customers.

16. Governing Law; Venue

16.1 These Terms and every sale are governed by the laws of the State of New York, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

16.2 Buyer submits to the exclusive jurisdiction of the state and federal courts located in Kings County, New York for any action arising out of or relating to these Terms or any sale, and waives any objection to venue or inconvenient forum, except that Seller may bring an action to collect amounts owed in any court of competent jurisdiction.

17. General Provisions

17.1 Severability. If any provision of these Terms is held invalid or unenforceable, it shall be enforced to the maximum extent permissible and the remaining provisions shall continue in full force and effect.

17.2 No waiver. Seller’s failure or delay in enforcing any provision is not a waiver of that provision or of any other right.

17.3 Assignment. Buyer may not assign these Terms or any right or obligation under them without Seller’s prior written consent. Seller may assign these Terms without consent.

17.4 Entire agreement. These Terms, together with the Policies and the terms of any applicable Promotion, constitute the entire agreement between Buyer and Seller for each sale and supersede all prior statements and understandings regarding it. No statement by an employee or representative of Seller modifies these Terms unless made in a writing signed by an authorized officer of Seller.

17.5 Changes. Seller may revise these Terms by posting the revised Terms on its website. The version in effect when Buyer places an order governs that order.

17.6 Notices. Notices, claims and return requests from Buyer to Seller may be given by email to info@thespraymarket.com, by telephone followed by email, or by mail to the address below. Notices from Seller to Buyer may be given by email to the address associated with Buyer’s account or order.

17.7 Survival. Sections 3, 6, 7, 8, 9, 11, 13, 14, 16 and 17, and any other provision that by its nature should survive, survive completion or termination of any sale.

18. Contact

SPFM Corp., doing business as The Spray Market, 162 2nd Avenue, Brooklyn, New York 11215. Telephone (718) 788-6800. Email info@thespraymarket.com. Last updated October 20, 2026.