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Terms and Conditions

Website Terms of Use
Sales Terms and Conditions
 

Website Terms of Use

Acceptance of Terms of Use

By using, visiting, or browsing any web site published by Sun Paints & Coatings you accept, without limitation or qualification, these Terms of Use and agree, without limitation, to the terms of our Privacy Policy. If you do not agree to these Terms of Use and our Privacy Policy, please do not use our services or visit our Web Sites. Acceptance of these Terms of Use constitutes a legal agreement between you and Sun Paints & Coatings.

Changes to Terms of Use

Sun Paints & Coatings may at any time revise these Terms of Use. You are bound by any such revisions and should therefore periodically visit this page to determine the then current terms of use and conditions to which you are bound. Your use of the Web Sites after changes are made means you agree to be bound by the Terms of Use and Privacy Policy of the Web Site you visit as such Terms of Use and Privacy Policy exist at that time.

Product Descriptions

Sun Paints & Coatings attempts to be as accurate as possible. However, Sun Paints & Coatings does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Sun Paints & Coatings itself is not as described, your sole remedy is to return it in unused condition.

Pricing

Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant.With respect to items sold by Sun Paints & Coatings, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Please note that this policy applies only to products sold and shipped by Sun Paints & Coatings.

Limitations of Use

By accessing our Web Sites, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Web Sites. You also agree not to interfere with the servers or networks connected to the Web Sites or to violate any of the procedures, policies or regulations of networks connected to the Web Sites, the terms of which are incorporated herein. You also agree not to impersonate any other person while using the Web Sites, conduct yourself in an inappropriate, offensive, indecent, or vulgar manner while using our service or Web Sites, or use the Web Sites for any unlawful purpose. You further agree to only submit content to the Web Sites that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. Sun Paints & Coatings reserves the right to terminate your access to the Web Sites or any of its services if it determines that you do not comply with these terms and conditions; provide false, inaccurate, or incomplete information during our registration process; engage in any conduct that would otherwise harm any of Sun Paints & Coatings's rights or interests in its Web Sites, services, or other property; or for any or no reason whatsoever without prior notice to you.

Monitoring and Management of Content of Web Sites

Sun Paints & Coatings shall have the right, but not the obligation, to monitor the content of the Web Sites to determine compliance with these Terms of Use and any other operating rules established by Sun Paints & Coatings, as well as to determine compliance with applicable laws, including but not limited to, copyright laws. Sun Paints & Coatings shall have the right in its sole discretion to edit, refuse to post, block access to, or remove any material submitted to or posted on the Web Sites that Sun Paints & Coatings finds to be in violation of these Terms of Use or that Sun Paints & Coatings believes may violate laws or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity.

Links

Some of the hyperlinks on the Web Sites may lead to third-party Web sites. These Web sites are not controlled by, or affiliated with, Sun Paints & Coatings. In addition, other Web sites may link to our Web Sites. Sun Paints & Coatings is not responsible for the content or privacy policies of these third-party Web sites.

Intellectual Property

The elements of the Web Sites, including, but not limited to, text, graphics, logos, depictions, designs, photographs, images, digital downloads, data compilations, sound, video, and software are protected by United States and international copyright, trademark, and trade dress laws and are the property of Sun Paints & Coatings or its affiliates. The compilation of the content on the Web Sites is the exclusive property of Sun Paints & Coatings.

Copyrights

The copyright in all materials provided on the Web Sites is owned by Sun Paints & Coatings or its affiliates. Except as stated herein, none of the material contained in the Web Sites may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of Sun Paints & Coatings. Permission is hereby granted to view, copy, print and download the materials on the Web Sites for personal, noncommercial use only provided such materials are used for informational purposes only, and all copies, or portions thereof, include this copyright notice. Sun Paints & Coatings may revoke any of the foregoing rights at any time. You may not, without Sun Paints & Coatings' prior written consent, "mirror" any material contained on the Web Sites on any other server. Upon termination of any rights extended hereunder, you must immediately destroy any downloaded and printed materials obtained from a Web Site. Any unauthorized use of any material contained on the Web Sites may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Trademarks

The trademarks, service marks and logos used and displayed on the Web Sites are registered or unregistered trademarks of Sun Paints & Coatings. Nothing on the Web Sites shall be construed as granting, by implication, estoppel or otherwise any license or right to use any trademark displayed on the Web Sites without the prior written consent of the trademark owner. The name of Sun Paints & Coatings or any trademark may not be used in any way including in any advertising or publicity pertaining to distribution of materials on the Web Sites without the prior written consent of Sun Paints & Coatings. Sun Paints & Coatings prohibits the use of any Sun Paints & Coatings logo and trademark as a hotlink to any web site unless establishment of such link is approved in advance by Sun Paints & Coatings in writing.

Submissions

You are responsible for all information you provide to Sun Paints & Coatings or post on the interactive site(s). If Sun Paints & Coatings has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sun Paints & Coatings has the right to suspend or terminate your account and refuse any and all current or future use of the site and hold you responsible for any claim or damages arising from such information. Any messages or other postings without a valid email address verification are subject to removal. Any information you post on this site is subject to disclosure to any regulatory regulatory or criminal authority or third party.

Information and messages you post on this site are posted at your own risk. Sun Paints & Coatings is not responsible for and disclaims all liability related to your use of this site or reliance on the information posted on this site. Sun Paints & Coatings is not responsible for the accuracy, content, or reliability of any information posted on this site by other users.

Use of Information Submitted to the Web Sites

Sun Paints & Coatings is free to use any photos, comments, information, ideas, concepts, reviews, or techniques contained in any communication you may send to the Web Sites without further compensation, acknowledgment or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Web Site or other Web Sites. Any postings, messages, suggestions, ideas, or concepts that are submitted shall become, and remain, the property of Sun Paints & Coatings. Sun Paints & Coatings is not responsible for the confidentiality of any information communicated to our websites. By communicating material to the our websites, you agree that Sun Paints & Coatings has the right to publish the material for any purpose, including, but not limited to, advertising and promotional purposes. Any information submitted on the Web Sites is subject to Sun Paints & Coatings Privacy Policy, the terms of which are incorporated herein.

Disclaimer of Warranty

The materials contained on the web sites are provided "as is" without warranties of any kind either express or implied. We assume no liability or responsibility for any errors or omissions in the content of the web sites: any failures, delays, or interruptions in the delivery of any content contained on the web sites: any losses or damages arising from the use of the content provided on the web sites: or any conduct by users of the web sites, to the fullest extent possible pursuant to applicable law, Sun Paints & Coatings disclaims all warranties, express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, non-infringement or other violations of rights, limitation of liability under no circumstances, including, but not limited to, negligence, shall Sun Paints & Coatings, it's officers, directors, or employees be liable (jointly or severally) for any direct, indirect, special, incidental, or consequential damages of any kind, including, but not limited to, loss of use, data, or profit, on any theory of liability, arising out of or in connection with the use or the inability to use the materials on the web sites, even if Sun Paints & Coatings or a Sun Paints & Coatings representative has been advised of the possibility of such damages. some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. if any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law.

Indemnity

You agree to indemnify, defend and hold harmless Sun Paints & Coatings, its officers, directors, employees, and agents, from and against any claims, actions, or demands, including, but not limited to, reasonable legal and accounting fees, alleging or resulting from your use of the Web Sites or your breach of these Terms of Use. Sun Paints & Coatings shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.

Choice of Law

You agree that any issue or dispute arising out of or in connection with your use of our Web Sites, intellectual property, the Terms of Use, the Privacy Policy, or any matter concerning Sun Paints & Coatings shall be governed by the laws of the United States and the State of Florida. You agree that any such issue or dispute shall be brought exclusively in the federal or state courts located in Tampa, FL. If any provision of the Terms of Use or Privacy Policy is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use or Privacy Policy, which shall remain in full force and effect. By using the Web Sites, you agree to comply with all applicable laws and regulations, including export and re-export control laws and regulations of the United States. The material provided on the Web Sites is protected by law including, but not limited to, United States copyright and trademark law and international treaties. Sun Paints & Coatings makes no representation that materials contained in the Web Sites are appropriate or available for use in other locations and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Web Sites from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.

 

Sales Terms and Conditions

The terms and conditions as hereinafter written shall supersede the terms and conditions of Buyer’s order in the event of any and all contradictions or inconsistency herewith, and no understanding, agreements, term, condition, or trade custom at variance herewith shall be binding on the Seller. Acceptance (by agreement or under applicable State Statues) of delivery of the order or of any shipment from the Seller to the Buyer constitutes acceptance by the Buyer of all of the terms and conditions set forth hereunder.

Ordering Options

Store orders orders are shipped and delivered on business days (Monday through Friday, excluding major holidays). Orders placed after 2PM EST will be processing the following business day pending product availability. For orders placed on Friday, Saturday or Sunday will be processed on the following Monday. Shipping is only available at this time to US addresses and APO/FPO boxes but excludes locations that are only serviced by air mail (as determined by FedEx or UPS delivery systems.) We can not be held responsible for delays caused by the chosen shipping provider or errors in order placement. If you need delivery outside of the US please call our customer service number to place your order.

Order Cancellations

Occasionally, orders or parts of an order are cancelled by our system for various reasons. Some reasons are:

  • Item(s) no longer available.
  • Difficulty in processing payment information.
  • Cannot ship to address provided.
  • A duplicate order was placed.
  • Cancelled due to a customer request.

If your order is cancelled, you will receive an email notice to explain the reason for the cancellation. You will not be billed for any cancelled items. If you are interested in placing a new order or if you have questions about a cancelled order, please contact our customer service number.

Terms of Payment

Unless otherwise specified terms of payments are net cash. We are unable to accept CODs, layaway plans, and credit cards with billing addresses outside the US. Personal checks and money orders are only accepted in our store locations.

Sales Tax

We are required by law to collect state sales tax on orders being shipped to Florida. Sales tax will be assessed on the total purchase, including shipping and handling charges, dependant on the county the order is being delivered.

Delays and Force Majeure

Orders are accepted subject to delays due to fire, flood other acts of God, labor troubles, government regulations, failure to secure materials from usual sources of supply, and other circumstances reasonably beyond the company’s control.

Delivery

When the sales includes job site delivery, the same covers ground floor delivery at the job site named, unless otherwise specified, and the purchaser assume responsibilities for damage to property when the Seller is requested to make to make delivery beyond curb line. The purchaser agrees to provide suitable roadways or approaches to the point of delivery other than on paved streets.

Examination of Material

Buyer shall examine goods promptly upon receipt of delivery. Buyer shall advise Seller of any damages or shortages thereof prior to acceptance of goods and, except for any latent defects, shall advise Seller of any claims with respect to shortages, damages, and workmanship quality within 5 days after receipt thereof. Failure to so advise the Seller shall relieve Seller from any claim by Buyer for shortages, damages, workmanship or quality and shall constitute a waiver by Buyer of all claims within respect to said goods.
Any claim of damage must be accompanied by a written statement signed by an Officer of Buyer.
Any claim of, or dispute over, the quality of the merchandise must be settled by inspection by Seller’s representatives. All material must be held intact until inspection and settlement is made.

Returns

No returns will be accepted without the Seller’s prior consent. Unless error is made by the Seller, a handling charge of 20%, may be assessed on returns allowed, plus any freight charges.

Warranties

Seller warrants that tat the time of shipment, the goods covered by this invoice shall conform, within Industry standards, and recognized tolerances, to the specific description stated on the face hereof and that such goods will perform according to the standard printed warranties, if any , relating to such goods subject at all time to the terms and conditions set forth in any such standard printed warranties which terms and conditions are incorporated herein and made a part hereof. If no standard printed warranty is applicable to any goods covered by this invoice, then there are no warranties, with respect to such good other than those appearing in this paragraph. Seller makes no warranty of merchantability or fitness for any particular use and said warranties are expressly excluded herein nor is there any other express, implied or statutory warranty of any kind.

Risk of Loss

The risk of loss shall pass to the Buyer upon delivery to the carrier unless delivery is made by the company’s truck or material is loaded on buyer’s vehicle, in which event the risk of lass shall pass the Buyer upon receipt by the buyer.

Limitation of Seller's Liability

Seller's sole liability and buyer's exclusive remedy for any cause of action arising out of the sale including strict liability, is expressly limited at sellers option to the repair or replacement of the goods with respect to which such damages are claimed or the refund of the original sale price is paid to the seller for such goods. Buyer shall not set-off or otherwise deduct any damages, whether actual or alleged, from payment due to Seller unless such set-off or deduction is authorized in writing by an officer as a whole or partial refund under the provisions hereof.



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