Terms and Conditions of Sale
Last Updated: 3-25-2026
Please read these Terms and Conditions of Sale (“Terms of Sale”) carefully. These Terms apply to your use of the website FAFCO.com (“Website”) and your purchase of any products from FAFCO Surplus by SunWaterFun LLC (“we,” “us,” or “our”). These Terms are subject to change at any time, at our sole discretion, without prior written notice. By placing an order through our Website, you agree to be bound by these Terms of Sale in effect at the time of your order, along with our Terms of Use, Returns Policy, Warranty Policy, and Privacy Policy (“Additional Policies”).
1. THE WEBSITE AND THE GOODS
This Website is intended for users and customers located in the United States. All use of the Website and product purchases are considered to have occurred in Phoenix, Arizona.
We strive to ensure all information on the Website, including product descriptions, pricing, and availability, is accurate and current. However, occasional errors may occur. We reserve the right to correct any errors and to update information at any time without prior notice. If we determine that a pricing or product error affects your order, we will make reasonable efforts to contact you using the contact details provided during checkout.
Purchasing goods online can differ from purchasing in person. Please note:
● Colors may appear differently based on your screen or display settings.
● Product dimensions and appearances may vary slightly.
● Images are for illustration purposes only; please refer to the written descriptions for specific product details.
● All products are subject to availability, and we reserve the right to cancel unavailable orders.
● Shipping estimates are provided for reference only and depend on third-party carriers.
If you have any questions, please contact us at:
Email: Info@FAFCOSurplus.com
Phone: 800-994-7652
Mailing Address:
2850 S. 36th St. Suite A-10
Phoenix, AZ 85034
2. PURCHASING GOODS
Placing Your Order
You may place orders with or without registering an account. However, registration may speed up future checkout processes. By placing an order, you confirm that you are legally capable of entering into binding agreements.
Once your order is submitted, it constitutes an offer to purchase each product included in your cart. After placing your order, you will receive an order confirmation via the website and email (“Order Confirmation”). Please review it for accuracy. You may cancel your order at any point before you receive the shipping confirmation by contacting us at:
Info@FAFCOSurplus.com
Order Acceptance
All orders are subject to acceptance. Your order is officially accepted once we send a shipping confirmation email (“Shipping Confirmation”). We are not obligated to fulfill any order prior to this acceptance.
We reserve the right to reject or cancel orders for any reason, including but not limited to pricing errors, inventory availability, or suspected fraudulent activity. If your payment has already been processed, we will issue a refund for any canceled items.
3. PAYMENT, SHIPPING & DELIVERY
Payment
We accept major credit cards, debit cards, and other forms of payment as displayed at checkout. Payment is processed at the time of order.
The final price will include applicable taxes and shipping fees, which will be shown during checkout.
Shipping & Delivery
Once your order is accepted, we will send a Shipping Confirmation email that includes tracking details. Delivery estimates are provided by our carriers and are not guaranteed.
Title and risk of loss transfer to you upon delivery to the carrier. We are not responsible for delays caused by the shipping carrier.
4. ORDER CANCELLATIONS & RETURNS
You may cancel your order any time before you receive the Shipping Confirmation. Once your order has shipped, it can no longer be canceled but may be eligible for return.
You may return products within 30 days of receipt. Items must be unused, in original packaging, and returned at your expense. For detailed return instructions, please review our Return Policy here.
We reserve the right to cancel any order or reject returns under the following conditions:
● Product is out of stock or discontinued.
● Order appears suspicious or fraudulent.
● Inaccurate or unverifiable personal or payment information.
● Pricing or listing error.
● Customer is underage without parental consent.
● Delivery address is unsupported.
Damaged, defective, or incorrectly described products may be returned for a refund or replacement. You must notify us within 30 days of receiving the order.
5. PRODUCT WARRANTIES
General Warranty
We offer limited warranties based on the product type and brand. Warranty details can be found here.
To initiate a warranty claim, please contact us at: info@FAFCOSurplus.com
You may be required to return the defective item at your own expense. If a valid warranty claim is confirmed, we will offer either a replacement or refund, at our sole discretion.
Warranties do not cover improper installation, misuse, alterations, or neglect.
Disclaimer
EXCEPT AS EXPRESSLY PROVIDED:
● OUR PRODUCTS AND WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
● WE MAKE NO GUARANTEES OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY.
Your sole remedy for any defective product is repair, replacement, or refund, as determined solely by us.
6. GENERAL TERMS
Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, USE, DATA, OR BUSINESS OPPORTUNITIES.
OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT IN DISPUTE.
Indemnification
You agree to indemnify and hold harmless FAFCO Surplus by SunWaterFun LLC, its officers, employees, and affiliates from any claims, losses, or damages resulting from your breach of these Terms or your misuse of the Website or products.
Force Majeure
We are not liable for delays or failures caused by events beyond our reasonable control, including but not limited to natural disasters, labor disputes, internet outages, or government actions.
Waiver
Our failure to enforce any part of these Terms will not be considered a waiver of our rights.
Severability
If any part of these Terms is found to be unenforceable, the remaining sections shall remain in full force and effect.
7. PRIVACY
Your personal data is collected and used in accordance with our Privacy Policy, which can be reviewed here.
8. GOVERNING LAW & JURISDICTION
These Terms of Sale and your use of the Website shall be governed by and construed in accordance with the laws of the State of Arizona without regard to conflict of law provisions.
All disputes shall be resolved in the state or federal courts located in Maricopa, Arizona, and you agree to submit to the exclusive jurisdiction of those courts.
9. CONTACT INFORMATION
If you have any questions about these Terms & Conditions of Sale, please contact us at:
Company Name: FAFCO Surplus by SunWaterFun LLC
Email: Info@FAFCOSurplus.com
Phone: 800-994-7652
Mailing Address:
2850 S. 36th St. Suite A-10
Phoenix, AZ 85034
