Terms and Conditions

LIMITATION OF LIABILITY
SELLER WARRANTS THAT PRODUCTS DESIGNATED, WHEN DELIVERED, CONFORM TO SAMPLE. THIS TRANSACTION IS MADE UPON THE CONDITION AND AGREEMENT THAT THERE HAVE NO REPRESENTATIONS OR UNDERTAKINGS MADE BY OR ON BEHALF OF MANUFACTURER AND/OR SELLER, AND THAT THERE ARE NO GUARANTEES OR WARRANTIES, EXPRESS, IMPLIED IN FACT OR BY LAW, OR MERCHANTABILITY EXCEPT AS CONTAINED IN WRITING HEREIN.

LIMITATION OF BUYER’S REMEDY
IN AS MUCH AS MANY FACTORS BEYOND OUR CONTROL ARE INVOLVED IN THE USE AND APPLICATION OF OUR PRODUCTS, SUCH AS METHOD OF APPLICATION, EXPERIENCE OF WORKMEN AND CLIMACTIC AND SURFACE CONDITIONS, THE COMPANY CANNOT AND DOES NOT, EITHER EXPRESSLY OR IMPLIEDLY, WARRANT OR GUARANTEE, NOR AUTHORIZE ANY PERSON TO WARRANTY OR GUARANTEE FOR IT, THE PERFORMANCE OF ITS PRODUCTS ON ANY JOB BEYOND THE PURCHASE PRICE OF THE MATERIAL ITSELF. IT IS AGREED THAT THE BUYER’S REMEDY FOR ANY BREACH IS LIMITED TO RETURNING THE UNUSED PORTIONS OF THE GOODS AND RECOVERING THE PURCHASE PRICE OF THOSE GOODS. IT IS EXPRESSLY AGREED THAT THIS IS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO THE BUYER. OUR LIABILITY FOR INCIDENTAL AND CONSEQUENTIAL DAMAGES ARISING OUT OF SALES TRANSACTIONS IS HEREBY SPECIFICALLY EXCLUDED. THE BUYER ASSUMES ALL RISKS OF HANDLING AND USE, WHETHER IN ACCORDANCE WITH THE DIRECTIONS OR NOT.

FINANCE CHARGES
ALL ACCOUNTS ARE DUE 30 DAYS FROM DATE OF PURCHASE. A FINANCE CHARGE IS IMPOSED AT THE RATE OF 1.5% PER MONTH (ANNUAL PERCENTAGE RATE OF 18%) ON THE FULL PAST DUE AMOUNT, WITH A MINIMUM FINANCE CHARGE OF .50 CENTS PER MONTH IN ALL STATES.