EPOXYTEC INT’L, INC. GENERAL TERMS AND CONDITIONS

QUOTES / ESTIMATES: It is not the responsibility of Epoxytec to calculate material quantity needs. The material quantity provided by an employee of or independent sales representative for Epoxytec for a quote or estimate is not binding or guaranteed to be accurate. Epoxytec provides material coverage rates posted on a published Technical Data Sheet (“TDS”), based on theoretical estimates; this may be influenced by thickness, change in density, surface conditions, application devices, wastage, etc.. All material quantity needs must be confirmed by the customer. If a quote is provided with no expiration date, then the default expiration becomes thirty (30) days. Verbal quotes cannot be verified; therefore, all quotes/estimates must be documented in writing.

LEAD TIMES: Although Epoxytec attempts to keep many of its most popular products in stock, because they have shelf lives and stocked quantities change daily, Epoxytec may not have the desired material in stock or at the quantity levels desired. Lead times can vary depending on production schedules, quantity, raw material availability, and quality control delays, therefore advance notice is highly recommended.

ORDERING: Ordering can take place via customer confirmation of a quote, sending a purchase order (“PO”), or directly ordering over the phone or email. An order is guaranteed after receiving confirmation by Epoxytec via acknowledgment or delivery. If terms stated on a PO are not consistent with Epoxytec’s General Terms and Conditions herein, or with other terms offered by Epoxytec, Epoxytec can reject the PO or request correction. At Epoxytec’s discretion, Epoxytec reserves the right to restate any terms and/or confirm any transaction and terms via a Sales Order or Proforma Invoice for signed confirmation by the customer. Should a Sales Order or Proforma Invoice be accepted and/or signed, the terms outlined therein and/or as written on the Sales Order or Proforma Invoice become the overriding binding terms of the sale, and no other terms, whether stated on a PO or quote sheet, are enforceable (with the exception of Epoxytec executive management signed and approved special terms outside the terms of sale as reflected within the Sales Order or Proforma Invoice and Epoxytec’s General Conditions and Terms herein).

ACCEPTANCE OF ORDER: Epoxytec’s acceptance of the order is conditioned upon Customer’s agreement with and acceptance of all terms and conditions set forth herein, including the warranty terms. These Terms and Conditions may only be modified in writing when signed by an authorized representative of Epoxytec. Epoxytec reserves the right to update its Terms and Conditions from time to time, Customer agrees to accept the posting of updated terms and conditions on the Epoxytec website and that the posting shall serve as sufficient notice of any change in these terms and conditions.

SHIPPING OPTIONS: Epoxytec’s preferred form of shipment is through their preferred ground carriers. When using Epoxytec’s preferred ground carriers the following options are available:

  1. Standard LTL (estimated time of arrival, but not guaranteed, most economical)
  2. Guaranteed LTL (guarantee of date and/or time frame, higher cost than Standard LTL)
  3. Expedited Dedicated Freight (if available for quicker delivery times, high cost)

In the event that the aforementioned options are not suitable or available from Epoxytec’s vendor to your area, Epoxytec offers a “Dock Ready” option for Ex Works sales. Utilizing this option allows for the customer to arrange shipment, at their expense and Epoxytec will have products ready for the customer’s pickup.

Should the customer want to consider Sea Freight or Air Freight, Epoxytec will assist with documentation preparation; however, the customer must retain their own hired freight forwarding (“FF”) agency to assist with Sea or Air Freight and customs if required. Epoxytec will not be responsible for any expenses related to the FF, or any duties, levies, taxes, surcharges, or any other expense related to Sea or Air Freight. Epoxytec highly recommends selecting FF agencies accustomed and experienced with Dangerous Goods. It is not Epoxytec’s responsibility nor will Epoxytec have liability for delays, customs disputes, or other related hassles, returns, rejections, seizures, or disposal.

INSPECTION/DAMAGE: Epoxytec inspects all ship-out packaging conditions to verify material(s) leaves the facility in good condition. Epoxytec is not responsible for any damage that occurs to product during shipping. It is the responsibility of the customer to inspect merchandise as it is received. Any damaged goods must be reported immediately to the shipping company, as it is the customer’s responsibility to make a claim against the shipper. Epoxytec cannot guarantee the outcome of a claim. Epoxytec will assist with documentation if needed, but it is not Epoxytec’s responsibility to begin a claim nor will Epoxytec be responsible for any damage that occurs during transit. Epoxytec keeps photo records for a maximum of seven (7) days, and therefore it is imperative to begin a claim with the carrier immediately or reject the shipment with the carrier as it is received and inspected.

DELAY OF SHIPMENTS: No order will be released/shipped out if the customer is over their credit limit or late on any invoices (10 days overdue), unless special circumstances have been arranged and approved in writing by the Board of Directors.

ADJUSTMENT: At the time of invoicing, Epoxytec reserves the right to adjust charges in reference to freight, taxes, holding material (delay), merchant surcharges, credit card fees, and/or other surcharges that are incurred outside of Epoxytec’s control.

CREDIT: Credit with Epoxytec Int’l, Inc. (“Epoxytec”) is not guaranteed. Customers of Epoxytec may apply for credit and eligibility. Epoxytec has a comprehensive credit rating system for eligible customers; paying late will result in a lower credit rating, revised terms, and possible credit termination. This review process is made by the Board of Directors, and outside the influence of your sales representative. As a professional courtesy, Epoxytec may remind its customers when late, however, this courtesy is not guaranteed nor an excuse for late payment. Customers are responsible for their own payment schedule and commitments.

NOTICE TO OWNERS / LIEN: Epoxytec reserves the right to send a Notice to Owner (“NTO”). All customers requesting credit terms agree to furnish to Epoxytec or to Epoxytec’s NTO vendor, at Epoxytec’s request:

  • Property owner(s) name/public entity & address
  • Owner designee name & address
  • General contractor name, address, & number
  • A “general description” of the materials and/or work being provided to the job
  • Property description where the job is located
  • Job name/Job ID
  • Hiring party’s name & address

Epoxytec will not furnish a release of lien until it has received payment, no exceptions. Further, it is the responsibility of the customer to arrange for the delivery of payment in full to Epoxytec in exchange for the release of lien.

LATE PAYMENTS: After ten (10) business days overdue, customers may be assessed with a 1% interest payment for monies overdue; and an additional 1% interest payment on the original merchandise balance for every thirty (30) days thereafter. After thirty (30) days of being late, Epoxytec at its discretion may send debt to a collection agency, to an attorney, or exercise its rights to mediation and arbitration.

CANCELLATIONS/RETURNS/CREDITS: Epoxytec’s products are perishable and sensitive to handling and the environment in which they are stored, and at times are made-to-order. It is Epoxytec’s standard policy not to allow for cancellations, refunds or return credits of any sort. Should an exception be made, it must be a return credit authorized by Epoxytec executive management in writing and the credit may be reduced by a thirty percent (30%) restocking/cancellation fee. In this event, the customer must pay for all additional expenses to allow for the quick and compliant return of goods within fifteen (15) days of Epoxytec’s approval of the return credit. Epoxytec reserves the right to inspect returned merchandise and will not issue a return credit for any item or its packaging which is not in “Resalable Condition” for any reason. Any returns made are only eligible for return credits to your Epoxytec customer account. Epoxytec does not make cash refunds.

WARRANTY: Unless a project specific warranty is issued, Epoxytec warrants the product(s) to be free from defects in manufacture for a period of one (1) year from the date of purchase. In the event that a project specific warranty is issued, the warranty period and terms of that warranty shall supplement this general warranty and in the event that any of the terms conflict the terms of the project specific warranty shall control.

This warranty is contingent upon the application of the Epoxytec coating/lining system product(s) by a qualified Certified Applicator of Epoxytec during the time of the installation.

This warranty is also contingent upon the owner, and/or owner’s representative engineer(s), and Certified Applicator’s strict adherence to all published material handling, mixing, use and application requirements per Epoxytec’s published TDS, Safety Data Sheets (“SDS”) and system design specifications, or other related published documents and best practices to ensure proper material handling, storage, use, mixing and application. Epoxytec relies on owner or owner’s representative’s engineering to ensure all conditions and site assessments were performed, defined and disclosed and that selection of product(s) was within its limitations. Epoxytec’s warranty excludes all claims for damages due to any incomplete examination or missed design considerations such as from geotechnical assessments, environmental assessments, structural engineering assessments, other conditional or special site-specific assessments, and/or or other engineered assessments, required but either not completed or considered in project specification/design, and/or during execution or while curing, or post cured. Failure(s) which have been caused by undisclosed or adverse influences outside the product(s)’ design limitations shall not be eligible for warranty nor shall Epoxytec be held liable for such failures.

In the event a claim is made within the warranty period, Epoxytec will be given the right to investigate in an attempt to determine the cause of the claimed condition, after which Epoxytec will propose corrective action if appropriate. Epoxytec shall have the right to exercise its option to enter upon the premises, if required and safe, upon reasonable terms for purposes of inspection, testing and analysis in order to investigate any warranty claim, and in the event that any repair or other change is made to the claimed defective portion prior to such inspection all claims of warranty shall be waived and the warranty shall be void.

Epoxytec’s maximum monetary liability pursuant to this warranty is expressly limited to the purchase price of the product(s) which failed in the subject area(s), if deemed defective material. If proven defective, Epoxytec may, at its option, replace the product(s) only limited to the areas not performing due to defect, or credit the cost of affected product(s) to customer’s account. In the event that the original applicator was the purchaser of the products but is no longer involved in the project, then the rights under this warranty shall extend to the owner of the subject premises.  Epoxytec shall have no liability for product removal, surface preparation, re-application, labor, shipping, or for incidental or consequential damages or reparations in any amount other than as expressly set forth above, and all other liability of any type is hereby expressly disclaimed. Epoxytec’s liability for any claim of any kind, including claims based upon strict liability, for loss or damage of any nature arising out of, connected with, or arising from the use or application of the product(s), shall in no case exceed the purchase price allocable to the product(s) or portion of the product(s) upon which the alleged claim is based. Any claim under this warranty must be made to Epoxytec in writing within ten (10) days from discovery of the alleged failure. The failure of the owner to give written notice as described above shall bar any claim for such failure under this warranty.

Manufacturer’s walk-through, site visit or similar service during the project, does not constitute any warranty obligation or confer any other liability upon Epoxytec, as other factors contribute to the success of application which are outside the control of the manufacturer. Other warranty exceptions include Force Majeure/Acts of God, and this warranty is contingent upon Epoxytec’s receipt of product(s)’ batch/lot numbers.

There are no warranties expressed or implied other than or in conjunction with the above described Epoxytec product warranty. All liability is limited to and shall not exceed the purchase price of the affected product(s). Epoxytec makes no warranties or representations, whether expressed, implied, or statutory, other than those set forth herein, and expressly disclaims any and all implied warranties of fitness for a particular purpose which might otherwise arise pursuant to law.

PERFORMANCE: Epoxytec’s TDS provide data developed under lab conditions, via certain testing methods, under specific variables, at a certain time, condition of material and temperature. Field results and the repeatability of these values are not guaranteed. Epoxytec always recommends the end user test the product in their specific environment under specific conditions prior to making a product selection or purchase. Should Epoxytec make a product selection recommendation, this is not deemed a guarantee or warranty of fitness for a particular purpose, rather it is only Epoxytec’s theoretical recommendation based solely on predictability based on experience, which it is the customer’s sole responsibility to confirm for use in the customer’s specific application.

SAFETY & REGULATORY: INTENDED FOR INDUSTRIAL USE BY TRAINED PROFESSIONALS – REFER TO SDS FOR SAFETY, HANDLING, AND PRECAUTIONS. Epoxytec herein makes customers aware that many if not all of its products are provided in multiple parts usually intended to mix and react. In other cases, cured material may be governed by regulatory authorities and certified as such. Should a product be subjected to or referencing a certification body, it is the customer’s responsibility to reference that certification and ensure proper use and application (e.g., drinking water).

REPRESENTATION: Unless provided in writing and signed/approved by Epoxytec executive management, all published instruction for the product is represented on the TDS, SDS, and supported by other published information on www.epoxytec.com (or affiliated websites). As a matter of standard policy, an employee of or independent sales representative for Epoxytec does not have the authority to make representations contrary to the published information and any such representations do not represent Epoxytec’s final representation.

Published TDS and system design guidelines serve to provide “best practices” for application success. However, they do not guarantee that every variable or condition is accounted for. These documents are intended to be used as a draft, for general design guidelines, specification authoring assistance and execution recommendations for typical considerations and normal operating conditions in defined environments. Epoxytec’s data is not a substitute for professional engineering; therefore, all guidelines herein must be tailored to the specific requirements specified for the structure and its operational environment. Often times, each specific situation may be required to include, omit or revise sections. It is recommended that these guidelines be reviewed and/or revised as needed by the customer’s licensed, Professional Engineer in conjunction with Epoxytec’s consultation if needed.

MEDIATION AND ARBITRATION: Should any dispute between the customer and Epoxytec arise at any time out of any aspect of the purchase and/or business relationship, then such issue, problem or dispute between the Parties shall proceed to mediation before, and as a condition precedent to, the initiation of any arbitration proceeding. In the event that Epoxytec and the customer are unable to resolve their dispute by mediation, and should either desire to pursue a claim against the other party, both Epoxytec and the customer agree to have the dispute resolved by final and binding arbitration pursuant to the provisions of the Florida Arbitration Code. The customer and Epoxytec agree that the Arbitration shall be held in Broward County, Florida utilizing a three (3) arbitrator panel selected with one arbitrator selected by each party and the third selected by the two (2) party selected arbitrators. Once the arbitrators are selected, the arbitrators shall select a chairperson to conduct discovery pursuant to the AAA streamlined three-arbitrator panel option. The customer and Epoxytec each agree to pay the fees charged by the arbitrator of their choice and shall share equally the costs of arbitration charged by the arbitration firm, the third arbitrator and any other arbitration costs. The prevailing party shall be entitled to an award of all its arbitration fees and costs and expert fees less any amounts already paid by the other party.

 The Arbitrator(s) shall make detailed findings of fact and conclusions of law. The parties shall have ten (10) days to respond or submit written objections to any findings of fact, conclusions of law or any tentative award. The parties shall have the right pursuant to the Florida Arbitration Code, Florida Statutes Chapter 682 et seq., to seek all remedies available thereunder including seeking orders confirming, vacating, modifying or correcting any award as set forth therein, however any appeal of such orders shall be limited to the following grounds: (1) the award contains material and prejudicial errors of law of such a nature that it does not rest upon any appropriate legal basis, (2) the award is based upon factual findings clearly unsupported by the record and/or (3) the award is subject to one or more of the grounds set forth in Florida Statute Section 682.13 for vacating an award. The Arbitrator(s) shall have no right or ability to award punitive or exemplary damages in any form unless such ability is required by law and the lack thereof would render this Mediation and Arbitration Provision invalid or unenforceable. Subject to the above terms, any award of the Arbitrators is final and binding and may be entered as a judgment in any court of competent jurisdiction.

GOVERNING LAW: The aforementioned Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida without regard to choice of law issues or Florida’s borrowing statute.