WEBSTORE Terms of Sale
I. U-C Coatings (UCC) WEBSTORE TERMS AND CONDITIONS
A. SALES POLICY FOR PRODUCTS SOLD ON WEBSTORE
U-C Coatings (UCC) sells a small selection of its product line on its webstore to retail customers. Webstore Sales are limited to delivery into 4 Delivery Zones. Customers requiring delivery to areas not included in the 4 Delivery Zones such as, but not limited to, Hawaii, Alaska, US & Canadian Territories must order by phone, fax or e-mail and be subject to other sales terms and conditions.
Prices listed are retail, and are listed for 4 delivery zones. Each Delivery zone has its own pricing. All Pricing is in US funds. UCC reserves the right to accept or reject any order. Not responsible for typographical errors.
- Sales Tax
Customer is responsible for payment of all applicable state and local taxes, or for providing a valid sales tax exemption certificate. When placing an order, customer shall indicate if they are NY State tax exempt. Order will be held pending verification of current sales tax exemption certificate on file.
- Webstore Payment Terms
UCC Webstore accepts the following credit cards Visa, MasterCard, Discover and American Express. Customer, and each of its subsidiaries and affiliates, agrees to provide to UCC proper authorization necessary for UCC to request any financial information from third parties. Customer agrees to assume responsibility for, and customer hereby unconditionally guarantees payment of, as provided herein, all purchases made by customer, its subsidiaries and affiliates. Each of customer’s subsidiaries and affiliates purchasing from UCC are jointly and severally liable for purchases with customer, and customer is also acting as agent for such subsidiaries and affiliates.
B. WEBSTORE SHIPPING POLICY
- All Webstore orders ship standard ground delivery – shipping is free. No other delivery is available on the Webstore. Other terms and conditions apply for phone orders, fax orders, e-mail orders or any other type of order.
- Products damaged in transit must be reported to UCC within 48 hours of delivery. Call customer service at 1-888-363-2628. Photographic verification of damage must be submitted via e-mail to UCC for claim resolution.
C. WEBSTORE PRODUCT WARRANTY POLICY
- WEBSTORE Warranty Product Return.
WARRANTY and LIMITATIONS
U•C Coatings Corporation makes every effort to maintain uniformity in our products from shipment to shipment. However,(1) wood behavior is different from species to species, and will change due to weather, temperature, and other environmental factors, and (2) U•C Coatings has no control over how and when our products are used. Therefore U•C Coatings cannot guarantee product effectiveness. U•C Coatings warrants its product to be free from defects for a period of 90 days from the date of purchase. If the product is defective, U•C Coatings will refund the purchase price. U•C Coatings makes no other warranties. U•C Coatings shall not have liability for any other damages of any kind, whether direct, incidental, consequential, punitive, or otherwise for any defect in its product. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. REFUND OF THE PURCHASE PRICE SHALL BE THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY. Before returning any product purchased through the webstore, customer shall: e-mail or call UCC Customer Service at 1-888-363-2628 and provide the date, the Order number, the Product number, and a description of the defect. Proof of purchase is required in all cases. Unauthorized returns will not be accepted.
- OTHER RETURNS
Before returning any product purchased through the webstore, customer shall within 72 hours of product delivery: e-mail sales@ uccoatings.com or call UCC Customer Service at 1-888-363-2628 and provide the date, the Order number, the Product number, and the reason for returning. Proof of purchase is required in all cases. Returns must be authorized. Returned product must be in original packaging, unused, undamaged, and in saleable condition. Refund of purchase price, credit for the amount of purchase price or product replacement shall be determined by UCC. Unauthorized returns will not be accepted.
- Product Compliance and Suitability.
Jurisdictions have varying laws, codes and regulations governing construction, installation, and/or use of products for a particular purpose. UCC does not guarantee compliance or suitability of the products it sells with any laws, codes or regulations, nor does UCC accept responsibility for construction, installation and/or use of a product. It is customer’s responsibility to review the product application and all applicable laws, codes and regulations for each relevant jurisdiction to be sure that the construction, installation, and/or use involving the products are compliant.
- Cross-Reference Information.
Product cross-reference comparisons or product alternatives that are presented do not imply that products are available or perfectly comparable. CROSS-REFERENCED PRODUCTS OR PRODUCT ALTERNATIVES ARE NOT REPRESENTED OR WARRANTED AS FUNCTIONAL OR PERFORMANCE EQUIVALENTS. Customer shall review all cross-referenced product or product alternative specifications prior to purchase and use to determine suitability of the product for customer’s intended use.
D. WEBSTORE PRODUCT INFORMATION
- Typographical errors.
UCC reserves the right to revise publishing errors in its catalogs or any of its websites. Despite our efforts, occasional pricing errors may occur in UCC catalogs and websites. UCC reserves the right to cancel any and all orders resulting from such typographical errors, even if customer has received an order confirmation from UCC.
E. GENERAL TERMS
- Intellectual Property.
Customer shall have no right, title, or interest in the trade names, trademarks, trade dress, copyrights, patents, domain names, product names, catalogs or any other intellectual property rights (“IP”) reserved by UCC, or any IP owned by manufacturers and/or suppliers to UCC. All materials contained in UCC catalogs or on its web sites are subject to the ownership rights of UCC and its manufacturers and/or suppliers. Customer shall have no right to copy or use any IP of UCC or its manufacturers and/or suppliers without UCC’s permission.
- Independent Contractors.
UCC and customer are independent contractors and not principal and agent. Nothing contained in these terms and conditions shall be construed to create a partnership, dealership, reseller, agency, employment or joint venture relationship. Customer does not have the right to bind or otherwise obligate UCC in any manner, nor may customer represent to anyone that it has the right to do so.
All product order cancellations, must be approved by UCC, and may be denied or subject to restocking fees and other charges.
- Force Majeure.
UCC shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any force majeure event, including but not limited to acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, shortages, communication or power failures, fires, accidents, explosions, inability to procure or ship product or obtain permits and licenses, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance or cause beyond the reasonable control of UCC in the conduct of its business.
Customer shall not assign any order, or any interest therein, without the prior written consent of UCC. Any actual or attempted assignment without UCC’s prior written consent shall entitle UCC to cancel such order upon notice to customer.
- No Third Party Benefit.
The provisions stated herein are for the sole benefit of the parties hereto, and confer no rights, benefits or claims upon any person or entity not a party hereto.
- Waiver, Choice of Law
The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent non-performance of any such term or condition by the other party. All transactions shall be governed by the laws of the State of New York.
If any portion of these terms and conditions is found to be invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable term shall be severed from these terms and conditions, and the remaining terms and conditions shall be valid and fully enforceable as written.
- Modification of Terms.
UCC’s acceptance of any order is subject to customer’s assent to all of the terms and conditions set forth herein. Customer’s assent to these terms and conditions shall be presumed from customer’s receipt of UCC’s acknowledgment, or from customer’s acceptance of all or any part of the products ordered. No additions or modifications of UCC’s terms and conditions by customer shall be binding upon UCC, unless agreed to in writing by an authorized representative of UCC. If correspondence submitted by customer contains terms or conditions contrary or in addition to the terms and conditions contained herein or in UCC’s acknowledgment, UCC’s fulfillment of any such order shall not be construed as assent to any of the terms and conditions proposed by customer, and will not constitute a waiver by UCC of any of the terms and conditions contained herein or in UCC’s acknowledgment.