Terms and Conditions

TERMS AND CONDITIONS

The sale of any products described or referred to herein is expressly conditioned upon the terms and conditions set forth below. Any additional or different terms or conditions set forth in any such communication from Buyer are hereby objected to by Nationwide Protective Coating Manufacturers, Inc. (Seller) and shall not be effective or binding unless confirmed in writing by an authorized representative of Seller.

SHIPPING and RECEIVING PRODUCT

Inspect all shipments for any damaged or missing product(s) using Packing Slip and/or Bill of Lading BEFORE signing Shipping Receipt. Any damages or missing product must be documented in writing on the shipping receipt. If buyer accepts a shipment and signs Shipping Receipt without documenting any discoveries of damaged or missing products, Buyer will not be eligible for a claim from Freight Company or from Seller. Call Nationwide for instructions if necessary, on freight claim procedure. Products can withstand one freeze thaw cycle and Buyer accepts the responsibility of weather conditions and freezing product(s).

RETURNED GOODS

No goods may be returned for any reason without Seller’s written permission. All returns must be in good condition as well as in original, un-opened containers and packaging. If returned for reasons other than Seller’s error in filling Buyer’s order, the Buyer will receive a credit in the amount of the billed price of the goods returned less a handling charge not to exceed 25%, if returned within 90 days of the invoice date. Amount of credit given for materials returned after 90 days is subject to negotiation. Goods returned to Seller are to be shipped by the Buyer F.O.B. Seller’s manufacturing plant, Sarasota, Florida.

COLORS

Colors are checked for accuracy prior to shipment and are Non-Returnable. Variations of color may appear under different lighting conditions. Slight variances may exist between actual finish and color chips, because chips can be affected by age, light and heat. Custom color confirmation can be requested by the Buyer. If the Buyer does not request color confirmation the Buyer accepts the colors as is.

PAYMENT

BUYER shall pay SELLER’S attorney fees and other costs associated with collecting amounts owed. RETURNED PAYMENTS A Returned payment charge of fifty (50) dollars or highest amount allowable as determined by applicable law will be charged.

LATE CHARGES

Any amounts not paid when due shall bear a late charge at 1½% per month from the due date.

FORCE MAJEURE

Seller shall not be liable for delays in delivery or performance or for failure to manufacture, deliver or perform due to a cause beyond its reasonable control or an act of God, act of Buyer, act of civil or military authority, strike or other labor disturbance, delay in transportation or car shortage, inability of Seller to obtain necessary materials (including energy source), components, services or facilities. Quantities so effected shall be eliminated from this contract without liability, but this contract shall otherwise remain unaffected. Seller may, during any period of shortage due to any of the above causes, allocate its supply of raw materials among its various uses therefore (e.g., manufacturing and sales) in such manner as Seller deems practicable and allocate its supply of such goods among such various users thereof in any manner which Seller deems fair and reasonable.

LIMITED WARRANTY

Subject to the “limitation of actions” and the “limitation of liability” sections below, the Seller warrants that the goods sold hereunder will conform to its standard specifications. In the absence of an express, written warranty, to be provided by Seller on certain products, Seller makes no representation or warranty of any other kind, express or implied, with respect to the goods whether as to merchantability, fitness for a particular purpose or any other matter.

LEAKS

Our products are not intended to stop or repair any past, present or future leaks of any kind, and are not guaranteed to do so. All leaks are required to be fixed and repaired before the application of any of our products. Leaks, labor and quality of workmanship are not warranted and will be the sole responsibility and liability of the Buyer. If necessary, consult with a licensed roofing contractor with regards to proper repair of leaks prior to product application.

WRITTEN MANUFACTURER’s LIMITED MATERIAL WARRANTY PROTOCOL and ELIGIBILITY

Please inquire before applying any products that buyer or property owner is expecting a Manufacturer’s Limited Material Warranty. Strict Manufacturer’s Application Procedures and minimum product requirements must be met in order to qualify for a warranty. A Warranty Registration Certificate must be filled out and postmarked within 90 days of completed application date. In addition, jobs exceeding 10,000 square feet must also submit a job completion form.

LIMITATION OF ACTIONS

In accordance with the Uniform Commercial Code, the applicable statute of limitations is reduced from four (4) years to one (1) year. Buyer must commence any action arising out of this contract of sale within one (1) year after tender of delivery is made.

LIMITATION OF LIABILITY

The Seller shall not be responsible, obligated or liable for any application or use of or to which products delivered hereunder may be put either singly or in combination with other products or ingredients. Further, it is expressly understood and agreed that the Buyer’s exclusive remedy and Seller’s sole liability for any and all losses and damages to Buyer resulting from any cause whatsoever including Seller’s negligence, alleged defective goods irrespective of whether such defects are discoverable or latent shall in no event exceed the purchase price of the particular products with respect to which losses or damages are claimed or, at the election of the Seller, the repair or replacement of defective products. In no event, including in the case of a claim of negligence, shall Seller be liable for leaks, labor, incidental or consequential damages. No understanding, promise or representation and no waiver, alteration or modification of any of the provisions hereof shall be binding on the Seller unless approved in writing by an authorized representative of the Seller. All Products must be paid for before a warranty is issued and a warranty will not be issued for products that are not paid for in full. Venue for any proceedings arising from the sale of goods from seller will be in the County of Manatee, State of Florida.