TERMS & CONDITIONSfor using ArmorTech Powder Coating's website
Any agreement for the purchase of goods and/or services from ArmorTech Powder Coatings, Inc shall be governed by and is made subject to these ArmorTech Business Terms stated below (collectively, the “Agreement”). This Agreement constitutes the entire agreement between the parties relating to the products and services provided by ArmorTech to Customer. This Agreement may not be amended or modified except by a written instrument executed by the party against whom enforcement is sought, provided that ArmorTech may, at its sole option, revise the Agreement from time to time without notice to Customer by posting the revised Agreement terms on its website. Prices and availability are subject to change without notice.
Accuracy of Data
ArmorTech obtains certain data directly from the manufacturer or distributor of certain products. While ArmorTech makes every effort to ensure the accuracy of this data, this web site could include typographical errors and/or technical inaccuracies. ArmorTech reserves the right to make improvements and/or changes to such data and/or this website at any time. ArmorTech makes no warranty of any kind with respect to the data on this website or the accuracy of advice given by ArmorTech employees, whether or not such advice is made in writing.
Representations; Changes and Corrections
Photos may not represent actual product. Typographical, product description, pricing and other errors are subject to correction by ArmorTech even after orders and/or payment are accepted. Additionally, ArmorTech may make pricing changes needed to avoid material profit losses due to manufacturer price changes, changing market conditions or product discontinuation, even after orders and/or payment are accepted. ArmorTech may revise or rescind an order to correct an error or pricing issue not detected until after fulfillment of such order, and Customer may either accept ArmorTech’s proposed revision to the order or rescind the order if such proposed revision is unacceptable. In the event an order is rescinded due to ArmorTech’s error or pricing adjustment, ArmorTech will bear all shipping costs and Customer will receive a full refund for products returned in new condition. Although Internet orders generate an automatic confirmation and response e-mail, ArmorTech may change its pricing, product description or specification after any order confirmation or response e-mail but prior to shipment due to errors, changing market conditions, product discontinuation or typographical errors.
Customer’s Responsibility for Certain Shipping Charges
If Customer requests shipping charges be paid either on a collect basis or on Customer’s account with the shipping company, and Customer refuses the shipment or refuses to pay the applicable shipping charges, ArmorTech may bill Customer, and Customer agrees to pay ArmorTech, for all resulting charges incurred by ArmorTech either directly or through its supplier.
All equipment will be delivered to Customer f.o.b. from ArmorTech’s facility or the facilities of any of ArmorTech’s vendors who are shipping directly to Customer. Regardless of the terms of shipment and who pays for freight, the risk of loss shall pass to Customer when the equipment is delivered to the transportation carrier, and ArmorTech is not responsible for any loss or damages to the equipment during shipment. ArmorTech strongly recommends that Customer obtain insurance for shipments, as neither ArmorTech nor its suppliers will insure such shipments. ArmorTech will use its best efforts to meet the delivery time stated but does not, under any circumstances, guarantee delivery by the stated time and is not responsible for any damages caused by the failure to meet the stated delivery time.
Any implementation dates contained in this Agreement reflect a tentative production schedule and will be confirmed in accordance with Customer’s schedule, business needs and product availability. The implementation of any Customer-initiated changes to this Agreement could result in modifications to this Agreement, including pricing, implementation and production schedules. Any requests for modifications shall be subject to ArmorTech’s acceptance, at prices and scheduling mutually agreeable to the parties.
Goods Purchased for Export
If goods herein being purchased are being purchased for purposes of export, Customer must obtain from the U.S. government certain export documentation before shipping to a foreign country. In addition, manufacturers’ warranties for exported goods may vary or even be null and void.
Customer will pay all Federal, state, local, excise and other taxes imposed upon the products and services offered hereunder, excluding the taxes based on ArmorTech’s income, assets or net worth. Customer may provide ArmorTech a tax exemption certificate (subject to review and acceptance by ArmorTech’s tax department). Any tax imposed by federal, state or other governmental authority on or with respect to the sale, purchase, delivery or use of equipment and services shall be paid by Customer.
If any services, products or equipment provided under this Agreement are pursuant to or at the direction of Customer or contain software provided to ArmorTech by Customer, Customer agrees to indemnify and hold ArmorTech harmless from and against all liability, loss, damage and expense, including reasonable counsel fees, resulting from any claim by a third party of infringement, or any litigation based thereon, and such obligation shall survive payment therefore by the Customer. ArmorTech will rely on the specific instruction, information and/or other software provided by Customer. ArmorTech will not be responsible for delays or default in the failure of Customer to provide accurate instructions or information.
Governing Law and Venue
THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF THE STATE OF FLORIDA WITHOUT GIVING EFFECT TO ANY CHOICE-OF-LAW RULES. THOSE WHO CHOOSE TO ACCESS THIS SITE FROM OTHER LOCATIONS DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS, IF AND TO THE EXTENT LOCAL LAWS ARE APPLICABLE. ANY ACTION OR PROCEEDING SEEKING TO ENFORCE ANY PROVISIONS OF, OR BASED ON ANY SUIT ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT AGAINST ANY OF THE PARTIES IN A COURT OF COMPETENT JURISIDICTION. NOTWITHSTANDING THE FOREGOING, CUSTOMER HEREBY AGREES THAT ARMORTECH MAY BRING ANY ACTION, PROCEEDING OR SUIT RESULTING FROM CUSTOMER’S NON-PAYMENT IN THE COURTS LOCATED IN PALM BEACH COUNTY, FLORIDA, AND CUSTOMER HEREBY CONSENTS TO SUCH COURTS’ JURISIDICTION.
The terms, conditions and prices contained in any quote from ArmorTech are subject to change until such time as Customer accepts the quote, furnishes payment or an obligation to pay that is satisfactory to ArmorTech’s Credit Department, and thereby converts or directs the conversion of the quote to an order. ArmorTech shall have no obligation to honor any quotes until they are so accepted and converted. Travel expenses, sales tax and freight and delivery are not included in this Agreement and, where applicable to services and products purchased by Customer hereunder, will be the responsibility of the Customer. This Agreement is subject to credit approval by ArmorTech. The Customer will provide appropriate credit references upon request and authorize to obtain credit history from such references. If Customer claims exemption from sales tax, an exemption certificate will be provided to ArmorTech prior to conversion of any order to which such exemption applies.
Copyrights and Trademarks
Copyright © 1997-2016 ArmorTech Powder Coatings, Inc. and subsidiaries. All rights reserved. All trade names and trademarks are the properties of their respective owners.