These terms and conditions ("Agreement") apply to your purchase of coating systems and/or related products and/or services sold in the United States ("Product"). By accepting delivery of the Product, you accept and are bound to the terms and conditions of this Agreement. If you do not wish to be bound by this Agreement, do not accept delivery. THIS AGREEMENT SHALL APPLY UNLESS (I) YOU HAVE A SEPARATE WRITTEN PURCHASE AGREEMENT WITH VERSATILE BUILDING PRODUCTS, INC. THAT HAS BEEN SIGNED AND NOTARIZED BY AN OFFICER, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN.
1. OTHER DOCUMENTS. This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both you and Versatile Building Products.
2. Payment Terms. The terms of this Invoice shall be limited to the terms and conditions stated herein, and shall not be modified, amended or supplemented unless expressly agreed to in writing by Seller. These terms and conditions shall apply to your purchase of coating systems and/or related products and services ("Product") sold by Seller. Terms of payment are within Seller's sole discretion, payment must be received by Seller prior to Seller's acceptance of an order. Seller is not responsible for pricing, typographical, or other errors in any offer by Seller and Seller reserves the right to cancel any orders resulting from such errors and refund Buyer.
3. Chemicals/INDEMNIFICATION. The Products manufactured by Seller contain chemicals known by the State of California to cause cancer and/or birth defects or reproductive harm. Buyer agrees to follow all safety procedures, laws and precautions to safely transport, mix, install and dispose of all materials purchased. Buyer agrees to give proper direction to its employees, associates, customers and sub-contractors regarding use of the Product. Failure to do so may result in pollution to the environment, fire, injury or death.
4. CABINETS. The cabinets are designed to withstand 80lbs of weight per shelf for all standard units when correctly attached to wall. Weight can be increased slightly with the use of shelf stiffeners and legs to support the cabinet. 24” overheads require support on the bottom due to the extra depth of overhead. Support can be a 2x4 or another Pantry. All cabinets must be attached to the wall in a manner that meet’s local building code requirements.
5. Shipping Charges/Title/Risk of Loss. Title to Products passes from Seller to Buyer on shipment from Seller’s facility. Seller shall be responsible for any loss or damage that occurs during shipping only if the carrier was selected by Seller. Buyer agrees to and must verify receipt and condition of all Products at time of delivery and shall refuse delivery if Products are damaged or missing. Unless the Products are rejected by Buyer upon delivery, Buyer accepts the Products as conforming. Buyer must notify Seller at (800) 535-3325 of its rejection of Product at the time of delivery.
6. Limitation of Liability/warranties. Seller makes no warranty, expressed or implied, regarding the use of its Product, including its merchantability or whether it is fit for a particular use. Buyer assumes all risk of use. Seller’s obligations shall be solely limited to replacement of Product if the Product is found to be defective. Seller shall not be liable for any damage, injury, loss, direct or consequential damages, punitive or special damages, including lost profits or loss of business, resulting from the use of its Products. Seller makes no warranties for service, labor, or support. Buyer is responsible for having the requisite knowledge to install Products. Seller does not honor or acknowledge any third-party warranties of the Buyer or installer.
7. Return Policies. Seller shall charge a 25% restocking fee for all returnable Products within 30 days of purchase. Products must be in clean unopened containers that are in sellable condition. Buyer should include reference to the original Invoice Number of Purchase while addressing the return. Any Product returned without an Invoice Number may be refused by Seller. Buyer is responsible for all shipping costs for return. Use UPS or FEDEX Ground with tracking number. Returned Products shall be addressed to: Versatile Building Products, Return and Exchange Dept., Attn: Invoice #, 245 Carl Karcher Way, Anaheim, CA 92801
8. Non-Returnable/Custom Items. Due to hazardous packaging requirements, the following Products will not be accepted by Seller for return: 5073, 5205, 5325, Flake, Smith Stains, Eco Profiler, Cements, Fiberglass, Metal Lath, Color Packs, Lava Flow pigment packs, Rhino Grit, Custom Colors, Accelerators, Versa-Glaze, V-100 Products, Tools, and Sundry Items. All Cabinets and custom orders are not cancelable or returnable once the order has been produced.
9. COMPLIANCE WITH LAWS. Buyer shall comply with all federal, state and local laws, regulations, codes and ordinances applicable to Seller, Buyer, and/or the incidental services covered by this Invoice, including but not limited to any such laws relating to health and safety of any person; the environment; hazardous substances; labor and employment; immigration; disadvantaged business enterprises; and civil rights (“Laws”). Buyer shall be liable to Seller for all loss, cost and expense attributable to any act or omission by the Buyer resulting from Buyer’s failure to comply with Laws, including, but not limited to, any fines, penalties or corrective measures. Buyer agrees to indemnify and defend Seller from any and all claims arising from Buyer’s alleged violation of any Laws, including claims for environmental contamination and improper disposal.
10. ASSIGNMENT. No assignment of this Invoice shall be made without Seller’s express written consent. Any attempted assignment without such consent shall be void.
11. WAIVER. Seller’s failure to insist on performance of any term, condition, or instruction, or to exercise any right or privilege provided in this Invoice , or its waiver of any breach, shall not thereafter waive any such term, condition, instruction, and/or any right or privilege.
12. GOVERNING LAW/DISPUTES. This Invoice shall be governed by the law of the State of California. If a dispute arises out of or relating to this Invoice, the Parties shall endeavor to settle the dispute through direct discussion. In the event the Parties are unable to settle the dispute through direct discussion, for purposes of venue and jurisdiction, this Invoice shall be deemed made and to be performed in the Orange County, California.