Terms and Conditions

TERMS OF SERVICE TERMS & CONDITIONS

You are provided access to the Legal Agreements section of the website upon use. If you do not agree with all of the agreements please do not use this website or purchase associated products.

REGISTRATION REQUIRES AGREEMENT WITH ALL LEGAL AGREEMENTS

BY UTILISING THIS SITE OR ANY SITE OPERATED BY THIS SITE ADMINISTRATION YOU AGREE TO THESE TERMS AND CONDITIONS.

THIS AGREEMENT GOVERNS YOUR USE OF PRODUCTS DISTRIBUTED BY NEOTECH COATINGS AUSTRALIA PTY LTD (DISTRIBUTOR) AS AUTHORISED DISTRIBUTOR OF SUPERIOR PRODUCTS INTERNATIONAL II, INC. (USA) OR ANY OTHER SITE WHERE CONTENT OR INVOICE LINKS TO THESE TERMS OF SERVICE TO THE DEALER/APPLICATOR.

READ IT CAREFULLY. BY TRANSMITTING AN ORDER OR PLACING AN ORDER WITH NOMINATED AND AUTHORISED DEALER/APPLICATOR OR DISTRIBUTOR YOU ARE IRREVOCABLY AGREEING TO THESE TERMS.

Definitions:

“Product” shall mean any products or services sold by DEALER/APPLICATOR or DISTRIBUTOR

Entire Agreement:

The terms and conditions herein may NOT be altered BY CUSTOMER, supplemented, or amended by the use of ANY ADDITIONAL DOCUMENT(s), VERBAL COMMUNICATION OR EMAIL COMMUNICATION that purport to be an agreement of the parties. Any attempt to supplement or amend this document or to enter an order for Product(s) which is subject to additional or altered terms and conditions shall be null and void.

Warranties:

Dealer/Applicator makes no warranties except those stated in the Manufacturer’s warranty cards included with Products, or, in the case of optional application and service warranty issued by Dealer/Applicator, such extended warranty documentation.

DEALER/APPLICATOR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURCHASE.

WARRANTY DISCLAIMER:

NO WARRANTY OR AFFIRMATION OF FACT, EXPRESS OR IMPLIED, OTHER THAN AS SET FORTH IN THE WARRANTY STATEMENT ABOVE IS MADE OR AUTHORISED BY DEALER/APPLICATOR. DEALER/APPLICATOR DISCLAIMS ANY LIABILITY FOR PRODUCT DEFECT CLAIMS THAT ARE DUE TO PRODUCT MISUSE, IMPROPER PRODUCT SELECTION OR MISAPPLICATION, AND ANY DESCRIPTION DOES NOT EXPRESS OR IMPLIES A WARRANTY THAT THE PRODUCTS ARE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE.

ALTHOUGH DEALER/APPLICATOR HAS USED REASONABLE EFFORTS TO ACCURATELY ILLUSTRATE AND DESCRIBE THE PRODUCTS IN ITS CATALOGS, LITERATURE, AND WEBSITES, SUCH ILLUSTRATIONS AND DESCRIPTIONS ARE FOR THE SOLE PURPOSE OF PRODUCT IDENTIFICATION AND DO NOT EXPRESS OR IMPLY A WARRANTY AFFIRMATION OF FACT, OF ANY KIND OR A WARRANTY OR AFFIRMATION OF FACT THAT THE PRODUCTS WILL CONFORM TO THEIR RESPECTIVE ILLUSTRATIONS OR DESCRIPTIONS. DEALER/APPLICATOR EXPRESSLY DISCLAIMS ANY WARRANTY OR AFFIRMATION OF FACT, EXPRESS OR IMPLIED, OTHER THAN AS SET FORTH IN THE WARRANTY STATEMENT ABOVE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, DEALER/APPLICATOR EXPRESSLY DISCLAIMS ANY LIABILITY RELATED TO PRODUCT MISUSE, IMPROPER PRODUCT SELECTION, PRODUCT RECOMMENDATION, OR PRODUCT MISAPPLICATION.

WARRANTED AS FUNCTIONAL OR PERFORMANCE EQUIVALENTS:

Customer shall review all cross-referenced product specifications prior to purchase and use to determine suitability of the product for Customer’s intended use.

LIMITATION OF LIABILITY:

ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES IS EXPRESSLY DISCLAIMED. DEALER/APPLICATOR’S LIABILITY IN ALL EVENTS SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT SOLD THAT GIVES RISE TO SUCH LIABILITY. DEALER/APPLICATOR’S PAYMENT OF SUCH AMOUNT SHALL BE THE FINAL AND EXCLUSIVE REMEDY IN THE EXHAUSTION OR UNAVAILABILITY OF ANY OTHER REMEDY SPECIFIED HEREIN AND SHALL NOT BE CONSTRUED OR ALLEGED BY CUSTOMER TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Manufacturer’s Warranty:

For information on manufacturers warranty click here

Prompt Disposition:

Dealer/Applicator will make a good faith effort for prompt correction or other adjustment with respect to any product, which proves to be defective within warranty period. Before returning any product, write or call the Dealer/Applicator from which the product was purchased, or contact them, giving date and number of original invoice, and describing defect with supportive visual evidence.

Product Suitability:

States and Council areas have codes and regulations governing sales, construction, installation, and/or use of products for certain purposes, which may vary from those in neighbouring areas. While Dealer/Applicator attempts to assure that its products comply with such codes, it cannot guarantee compliance, and cannot be responsible for how the product is installed or used. Before purchase and use of a product, please review the product application, and national and local codes and regulations, to be sure that the product, installation, and use will comply with them.

No Warranties to Consumers:

Dealer/Applicator makes any warranties to those defined as consumers in the Trade Practices Act 1974.

Prices and Conditions:

Net payment is in advance prices upon transmission of order, prior to shipment and delivery of goods and services.

Prices received are sales price (either including or excluding GST), do not include freight, handling fees, or taxes and/or duties, and are subject to correction or change without notice. Market Sensitive Commodity items will be priced according to current market conditions.

Pricing is subject to change at anytime within international currency variations and shipping costs. All quotes are fixed for 14 days.

Availability:

Certain products may not be available for sale in all areas.

GST:

Customers are responsible for purchase of products including GST.

All import fees, taxes and charges have been paid on landing of the products into Australia.

Dealer/Applicator is required to charge GST on products. Customer assumes responsibility for, and unconditionally guarantees payment or reimbursement of, all applicable taxes, fees, licenses, import duties, and fees and licenses, and expenses as may be applicable.

Security Interest:

On any open account sale, Customer hereby grants to Dealer/Applicator a priority lien, purchase money security interest and/or chattel mortgage in the products and any accounts receivable or cash from resale thereof until full payment is made to Dealer/Applicator. Customer agrees to file or permit Dealer/Applicator to file any financing statements or other appropriate documents with its governmental authorities to perfect the validity, priority, and enforce ability of Dealer/Applicator’s priority lien or security interest. Customer agrees to inform Dealer/Applicator immediately if it intends to use any import financing or has or will be granting a lien or security interest on its inventory to any third party.

Payment Terms:

Dealer/Applicator accepts direct bank transfer, Visa, MasterCard. Anticipation and cash discounts are not allowed. All accounts are a cash basis unless negotiated with the Dealer/Applicator. All payments must be in Australian dollars. Dealer/Applicator shall have the right of set-off and deduction for any sums owed. If customer fails to make payment Dealer/Applicator may defer shipments until such payment is made, or may, at its option, cancel all or any part of unshipped order. Orders will not be shipped until full payment is fully cleared and received.

Product discontinuances, product obsolescence or product end of life cycle are beyond the control of the Dealer/Applicator. Orders processed that contain items falling into the discontinued, obsolete or end of life cycle category may or may not be fulfilled for all or any of the quantity ordered and may be classified as a no shipment or partial shipment. Credit balances as a result of a discontinued product no alternate, discontinued with alternate, no shipment or partial shipment, is applied as a store credit until customer issues instructions as to the disposition of funds associated with purchase. IF NOT APPLIED OR REQUESTED WITHIN ONE (1) YEAR, ANY BALANCE REMAINING WILL BE SUBJECT TO CANCELLATION, AND DEALER/APPLICATOR SHALL HAVE NO FURTHER LIABILITY.

Assignment:

Customer shall not assign any order, any interest therein, or this order without the prior written consent of Dealer/Applicator. Any actual or attempted assignment without Dealer/Applicator’s prior written consent shall entitle Dealer/Applicator to cancel such order or to terminate this agreement upon notice to Customer.

Shipping Charges and Freight Policy:

THERE IS NO FREE SHIPPING

Products are shipped F.O.B. shipping point with freight costs and handling fees paid by Dealer/Applicator and charged to the customer. C.O.D. shipments are not permitted. Other terms and conditions may apply for freight collect, export orders, hazardous materials, special handling within Australia. Any extra charges incurred for additional services, such as customer’s carrier or special handling by the carrier, must be paid by the customer. Title and risk of loss pass to the customer upon tender of shipment to the carrier. If product is damaged in transit, customer must file claim with the carrier.

You give us authorisation to charge your account or Credit Card for any additional charges for the processing of your order to include but not limited to: Shipping, Handling, Insurance, Documentation Fees, Export Fees, Import Fees, Taxes of any nature from any jurisdiction or agency or any other charge that arises in the processing and delivery of your order.

Customer shall be responsible for obtaining insurance. At Dealer/Applicator’s option, this freight policy may be subject to special terms and conditions for certain export orders. Title and risk of loss for products shall pass when made available to Customer on delivery to carrier in Australia; provided that if payment has not been made at the time of shipment, Dealer/Applicator shall retain title (but not risk of loss) until payment has been made. If product is damaged in transit, Customer must file claim exclusively with airline, carrier, vessel and/or insurance company; provided, however, that if Dealer/Applicator has not received payment in full at the time the product is damaged in transit, Dealer/Applicator shall have the right to file claim exclusively with airline, carrier, vessel and/or Insurance Company.

Payment Terms:

Dealer/Applicator accepts, direct bank transfer

Purchaser is ultimately responsible and will pay any sales taxes, ownership taxes, duties and import taxes, which are assessed by any jurisdiction, associated with the sale and delivery of any product and or service contracted for by using this system. You agree to pay or reimburse Dealer/Applicator for any and all sales, use and excise taxes that may be imposed on you or Dealer/Applicator by any government entity as a result of any sales to you, regardless of when such taxes may be assessed, imposed, or levied.

Dealer/Applicator payment terms are subject to change at any time without notice at Dealer/Applicator’ sole discretion.

All orders are shipped prepaid.

No credit will be offered. Cash account only.

SPECIAL ORDERS and MANUFACTURER DIRECT ORDERS are NON REFUNDABLE. Special orders and manufacturer direct orders with BACK ORDER STATUS are NON CANCELABLE and NON REFUNDABLE.

Orders requiring a MINIMUM SHIP QUANTITY OR MINIMUM PURCHASE AMOUNT are not subject to change orders.

Dealer/Applicator reserves the right to make partial shipments and does not guarantee the fulfilment of a complete order.

Authorised RMAs are subject to “In Transit” terms and conditions including all freight charges both out and back including restocking fees.

ORDERS THAT ARE SHIPPED, REFUSED AND RETURNED WITHOUT PRIOR AUTHORISATION FROM DEALER/APPLICATOR OR RETURNED UNDELIVERED FOR ANY REASON IS AN UNAUTHORISED RMA.

UNAUTHORISED RETURNS ARE NON REFUNDABLE.

Credit Card Funds are held until the transaction is either Store Credited with notification or Closed with a Credit refund.

Dealer/Applicator will bill credit cards on file for any charges accrued for any merchandise and or service performed in conjunction with the processing of an order with or without the expressed written or verbal permission of the purchaser as necessary to successfully deliver the goods or services purchased by the customer or return freight and restock goods and services that are undelivered or refused.

Prices and merchandise are subject to change without notice and are F.O.B. freight dock of the Supplier, Distributor or Manufacturer of the product.

We reserve the right to change any price charged for a product or service up to the final billing with a notation of “Closed Transaction” entry into the procurement system for the account.

We reserve the right to change any price charged for a product or service for any clerical errors or misprints or any additional charges that may be accrued from any source in conjunction with your order.

We assume no liability for any changes or failure to deliver due to our inability to obtain supplies in a timely fashion from the manufacturer or supplier or the ability of any carrier to deliver in a timely fashion.

YOU WAIVE A SIGNATURE REQUIRED PROOF OF DELIVERY UNLESS REQUESTED WITHIN 10 MINUTES OF ORDER PLACEMENT. PROOF OF DELIVERY WILL BE STANDARD PROOF NO SIGNATURE REQUIRED BY COMMON CARRIERS.

Products:

Dealer/Applicator continually updates and revises Products and prices.

Dealer/Applicator may revise and/or discontinue Products at any time.

Dealer/Applicator may change the price of a product at any time before delivery to the customer after the order has been transmitted and is “In Transit”.

Changes between what is shipped and your cost and what is described in marketing materials or website (ads, catalogs, specification sheets etc.) are possible.

The Dealer/Applicators website will display current products if at all possible.

DEALER/APPLICATOR RESERVES THE RIGHT TO CHANGE ANY PRICING AT ANT TIME DURING THE PROCUREMENT PROCESS.

Dealer/Applicator will try to notify you in advance of any price changes if at all possible, however Dealer/Applicator reserves the right to bill you any differential between what the price shown on an order is and what the manufacturer actually charged plus the Dealer/Applicators normal margin of profit of operations.

Manufacturers discontinue products and provide replacement products with upgraded or equal features and also change the products model number or ordering number. This type of change is called a revision change, version change, obsolescence replacement or upgrade. The manufacturers may ship a product classified in this category with a different ordering number with or without notification. If this takes place and the customer rejects the replacement the Dealer/Applicator will accept the product for return if it qualifies under this policy. It is the Dealer/Applicators sole discretion as to application of the refund policy in this instance.

Dealer/Applicator Products are new unless specified as refurbished or used.

Dealer/Applicator does not guarantee any stock levels. Dealer/Applicator does not stock any products and all products are either distribution centre direct or manufacturer direct.

Availability:

Certain products may not be available for sale in all areas.

Product Substitution:

Products (and country of origin) may NOT be substituted.

Product Suitability:

Many countries and localities have laws, codes and regulations governing sales, construction, installation, and/or use of products for certain purposes that may vary from those in other areas. While Dealer/Applicator attempts to assure that products comply with all applicable laws, codes and regulations, Dealer/Applicator does not guarantee compliance, and is not responsible for how the product is installed or used. Therefore, Customer shall have responsibility for compliance with all applicable laws, codes and regulations regarding installation or use of products. Before purchase and use of a product, Customer must review the product application and applicable laws, codes and regulations to assure full compliance with such laws, codes and regulations.

Cross-Reference Information:

Product cross-reference comparisons do not imply that all products compared are available or perfectly comparable. CROSS-REFERENCED PRODUCTS ARE NOT REPRESENTED OR WARRANTED AS FUNCTIONAL OR PERFORMANCE EQUIVALENTS. Customer shall review all cross-referenced product specifications prior to purchase and use to determine suitability of the product for Customer’s intended use.

Materials of Trade:

Customer represents that if it is purchasing goods as its “materials of trade” as defined in the Hazardous Materials Regulations that the goods will be used in direct support of its business, which is not transportation, and that such goods shall not be resold or transported in a vehicle other than one owned by itself.

Product Information:

OSHA Hazardous Substance – Safety Data Sheets (SDS) for OSHA defined hazardous substances are prepared and supplied by manufacturers. The information and recommendations contained on the SDS are believed by Dealer/Applicator to be accurate. Dealer/Applicator, however, makes no warranties with respect to the accuracy of the information or the suitability of the recommendations. Customer is solely responsible for any reliance on or use of any information, and for use or application of any product. Dealer/Applicator disclaims any and all liability to any user.

Cancellation:

An order cannot be cancelled once it is “In Transit” and is subject to the “RMA” terms of service.

Any cancellation prior to shipment must be approved by Dealer/Applicator, and may be subject to restocking and other charges. You must request a cancellation thru the “Ticket System” in the customer support or help section of the website.

Return Policy:

Call Dealer/Applicator. Proof of purchase is required. Before returning any product Customer believes is defective, Customer shall write or call the Dealer/Applicator branch from which the product was purchased; or in the case of an Internet order, contact Serve My Customer with the date and number of the original invoice, the stock number, and a description of the defect. You will be issued ticket # for the RMA process.

The Dealer/Applicator Satisfaction Guarantee program allows for Products purchased directly from Dealer/Applicator to be returned by Customer after obtaining a Dealer/Applicator Return Merchandise Authorization number (RMA) during the 30 day period following date of order transmission regardless of delivery date by Dealer/Applicator for a refund of purchase price actually paid minus freight and all applicable restocking fees.

SPECIAL ORDERS, MANUFACTURER DIRECT ORDERS AND CUSTOM ORDERS ARE NOT ELIGIBLE FOR RETURN UNDER THE RMA AUTHORISATION. ALL SALES WITHIN SPECIAL ORDER, MANUFACTURER DIRECT AND CUSTOM ORDERS ARE FINAL AND NON REFUNDABLE.

IF AN ALTERNATE PRODUCT IS CHOSEN TO REPLACE THE RETURNED PRODUCT THAT WOULD RESULT IN A CREDIT BALANCE, ANY CREDIT BALANCE IS RETAINED AS A STORE CREDIT FOR FUTURE PURCHASES. A REQUEST MAY BE MADE FOR THE STORE CREDIT TO BE REFUNDED WITHIN 30 DAYS OF THE EXCHANGED PRODUCT ORDER CONFIRMATION, HOWEVER IT IS THE SOLE DISCRETION OF THE DEALER/APPLICATOR TO RETAIN THE CREDIT BALANCE AS A STORE CREDIT IF IT IS BEYOND THE 30 DAY EXCHANGED PRODUCT ORDER CONFIRMATION.

ORDERS THAT ARE SHIPPED, REFUSED AND RETURNED WITHOUT PRIOR AUTHORISATION FROM DEALER/APPLICATOR OR RETURNED UNDELIVERED FOR ANY REASON IS AN UNAUTHORISED RMA.

UNAUTHORISED RETURNS ARE NON REFUNDABLE.

For all other orders customer must follow the return instructions exactly as specified in the RMA or SRO instructions. Any deviation from those instructions voids the return policy and the order is not returnable.

1. The RMA number may be obtained from Dealer/Applicator Customer Support, and must be noted on the outside of the returned Products container. You must have Ticket # to have RMA #.
2. Products are not eligible for RMA if they have been installed or used in any manner.
3. Electronic components are not eligible for RMA; they must be either exchanged for an exact product or processed thru the Manufacturer Warranty Process.
4. Products must be returned in the original packaging.
5. Shipping and handling is not refundable.
6. A 15% restocking fee applies to all returns that are not exchanged for like kind products within 72 hours of return. A 25% restocking fee applies to all products.
7. Damage and missing part restocking fees may apply.
8. RMAs are valid for only 30 days from issuance and must be issued within 30 days of purchase.
9. Customer shall be responsible for and prepay all shipping charges and shall assume all risk of loss or damage to Product while in transit to and from supplier, distributor and or manufacturer both out and back.
10. If Customer returns Product to Dealer/Applicator (I) without a RMA from Dealer/Applicator or (ii) beyond the 30 day period, or (iii) without proper packaging, Dealer/Applicator retains the right to either refuse delivery of such return or charge Customer an additional restocking fee of 25%.
11. Items returned without proper paperwork are charged a 30% restocking fee.
12. Request an Authorised RMA within 30 days of purchase. Not requesting an RMA within 30 days of purchase is an unauthorised RMA and Non Refundable.
13. Return product within 30 days of RMA issuance. Not returning an item with 30 days of RMA Issuance is an unauthorised RMA and Non Refundable.

RETURNS/CLAIMS:

All returns require prior Return Merchandise Authorisation (RMA) Number and are subject to a 15% restocking charge or $55, whichever is greater. Products are subject to a 25% restocking fee. It is the customers responsibility to check for discrepancies in an order before any claims for returns or damage are made. Altered products are not returnable. We reserve the right to deny claims after five days.

1. All claims for shortages, damages, etc. must be made within 5 days of receipt of merchandise. All claims for lost or damaged packages that shipped truck line must be filed by the Customer with the Carrier at the time of delivery.
2. All returns subject to a 15% or $55.00 restocking charge, whichever is greater in addition to freight and C.O.D. charges.
3. All unclaimed or refused shipments are subject to a 15% restocking charge to freight and storage charges.
4. No returns will be accepted by our warehouse without a valid Return Merchandise Authorisation (RMA) Number.
5. Defective merchandise must have tape over flaw.
6. Returns without original corresponding invoice number(s) will be credited at the lowest published price.
7. Merchandise that is not products from the Dealer/Applicator will be returned at the customer’s expense or disposed of by the Dealer/Applicator.
8. A REFUSED PRODUCT FOR DAMAGE IS AN UNAUTHORISED RMA UNLESS YOU ADVISE THE DEALER/APPLICATOR WITHIN 24 HOURS OF ATTEMPTED DELIVERY THAT THE ITEM IS BEING RETURNED.

SHIPPING HANDLING/RISK OF LOSS:

1. Product prices do not include shipping and handling.
2. Dealer/Applicator will use its sole discretion in selecting a reputable carrier and appropriate means of shipment. Customer is responsible for any shipping charge increases created by Dealer/Applicator’s selection of carrier or alternate carrier required to meet any shipping requirement.
3. Risk of loss or damage to Products in transit is Customer’s. In the event of Product damage or loss during transit, it is the responsibility of Customer to file a claim with the carrier.
4. Customer is responsible to pay any additional shipping charges assessed by the carrier as an adjustment, i.e. Fuel Surcharges, Taxes, Tariffs, Duties, Customs charges etc.
5. Your account will be billed for any charges accrued in the transit of your product. You may receive additional shipping charges billing even after receipt of your product.
6. Shipments will be shipped at the sole discretion of the Dealer/Applicators without the consent of the purchaser. Manufacturer Direct items are shipped at the manufacturers discretion without the consent of the purchaser.
7. Orders phoned in by 2:00 p.m. are processed to supplier or manufacturer direct the same day. Fax and Website orders received by 3:00 p.m. are processed the same day.
8. Order invoice notification is not shipping notification; it is a confirmation of a tracking# and places the goods and services “IN TRANSIT”.
9. Shipment notification indicates manifest has been tendered to carrier.
10. Shipments are F.O.B. freight dock supplier, distributor or manufacturer shipping dock.
11. Dealer/Applicator does not guarantee delivery schedules of shipping companies.
12. For Third Party Drop Shipments Dealer/Applicator will not be responsible for discrepancies on orders received by parties other than the invoiced customer.
13. Freight and Shipping charges are estimates only and will be revised as necessary to accommodate the shipment. Dealer/Applicator will choose the method of shipment and has the sole discretion in selection and method of shipment without consent of the purchaser.
14. Credit Cards and Accounts will be billed as necessary for any future billings that arise in connection with a shipment, regardless of the time lapse associated with that billing.
15. Multiple freight billings will occur if multiple line items are shipped from multiple locations. This would result in substantially different charges for freight and shipping in order to fill the order. You give the Dealer/Applicator the right to fill the order from multiple locations as necessary to fill the order and your credit card will be billed for any additional freight and shipping charges as necessary to fulfill the order.
16. SHIPPING, HANDLING, INSURANCE, TAXES, TARIFFS, DUTIES AND DOCUMENTATION FEES ARE NON REFUNDABLE.
17. Customer bears the added cost of special packaging for fragile goods, shock proofing, thermal considerations or any other circumstances that arise to ship the product. The cost of special packaging must be arranged and paid in advance.
18. Customer is solely responsible for determining any special packaging arrangements for shipment security. Arrangements must be made in advance in writing and paid in advance before shipment.
19. UNLESS OTHERWISE STATED THE SPECIFIED DELIVERY DATE IS WITHIN 120 DAYS OF THE ORDER DATE. SPECIAL ORDER AND MANUFACTURER DIRECT SHIPPED ORDERS SPECIFIED DELIVER DATE UNLESS OTHERWISE STATED IS WITH 360 DAYS OF THE ORDER RECEIPT.
20. A signed delivery receipt, without any exception noted is viewed as a free and clear delivery. A free and clear delivery assumes the consignee inspected the shipment and it was in good order upon delivery.
21. Customer waives right for a customer signed “Proof of Delivery” as the method for proof of delivery associated with any merchant charge back dispute. If customer requires signature for delivery proof, a request must be made to Dealer/Applicator by REPLY and re transmitting Order Confirmation” with words “SIGNATURE REQUIRED” in subject. Ticket # must be issued requesting Signature Required. Customer accepts standard no signature required proof of delivery provided by carriers as final determination as to whether customer received product. Carrier proof of delivery constitutes acceptance of free and clear delivery to the customer or the consignee.

PICKUPS/WILL CALL:

Dealer/Applicator retains in its sole discretion weather an order is available for “Will Call” and the location for pickup.

Customer pickups or will call are also available and may be picked up the same day ordered if placed by 12:30 p.m. and stock is available at nearest pickup location. Current customers please allow 4 hours for processing orders. New customers should allow more time. Orders not picked up within 5 working days or cancelled after they’ve been placed, will be subject to a 15% restocking charge, or a $55 charge, whichever is greater. Will Call provisions are for established will call customers by our credit department.

REFUSED/CANCELED/CHANGED ORDERS:

All unclaimed, refused shipments or cancellations will be subject to a 15% restocking charge or $55 charge, whichever is greater, as well as any freight and C.O.D. charges.

Because order processing begins immediately after placement, additions to orders will be placed as a separate order.

Changes will not be made once the order is placed.

Once an order is placed the order is considered “In Transit” or invoiced and is subject to full billing, the freight charges accrued and the restocking fee even if an RMA is issued.

Email or voice mail cancellation of an order is not a valid method to cancel an order. All orders must be cancelled by processing an order cancellation transaction in the service section of the website or contacting a customer service representative. An order must be canceled before fulfillment. Once an order is fulfilled it is subject to the return policy. An order cancellation after the order has been fulfilled is subject to the returns policy.

Special Orders, Manufacturer Direct and Custom Orders are not cancel able, are nonrefundable and are not subject to change orders.

Every attempt will be made to Stop Shipment for a cancelled order but the accrued freight and restocking fees will apply even if successful in stopping an order.

Manufacturer direct items or manufacturer build to specification items are considered invoiced and are not returnable once the requisition is placed with the manufacturer.

Dealer/Applicator assumes no liability for any timeliness of delivery. The selection of a freight and or shipper carrier service level is only a customer chosen suggested level of service and may be modified by the Dealer/Applicator if necessary when any inability to deliver the product due to circumstances beyond the control of the Dealer/Applicator.

Customer and Technical Support:

Dealer/Applicator promises its technical support people will attempt to handle over the telephone problems involving Dealer/Applicator Products. However, Dealer/Applicator support people may not be able to understand or resolve a particular problem.

Independent Contractors:

Dealer/Applicator and Customer are Independent Contractors and not principal and agent. Nothing construed or contained in these Terms and Conditions shall be construed to create a partnership, dealership, reseller, agency, employment or joint venture relationship. Without limiting the generality of the foregoing, Customer is not authorised to make, shall take no actions, and shall not make, any representations on behalf of, or which are binding upon, Dealer/Applicator.

Governing Law; Limitations:

The rights and obligations of the parties under these Terms and Conditions shall not be governed by the provisions of the 1980 United Nations Convention of Contracts for the International Sale of Goods or the United Nations Convention on the Limitation Period in the International Sale of Goods. Rather, these Terms and Conditions shall be governed by the laws of the State of South Australia, Australia. Notwithstanding the foregoing, any legal action by Customer with respect to any transaction must be commenced within one year after the cause of action has arisen.

Severability:

If any portion of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, the invalid or unreasonable term shall be redefined, or a new enforceable term provided, such that the intent of Dealer/Applicator and Customer in agreeing to the provisions of these Terms and Conditions shall be enforceable to the fullest extent of the applicable laws.

Force Majeure:

Dealer/Applicator shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from acts of God, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, pandemics, quarantines, labor disruptions, shortages, communication or power failures, fire, accident, explosion, inability to procure or ship product or obtain permits and licenses, supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance or cause beyond the reasonable control of Dealer/Applicator in the conduct of its business.

No Third Party Benefit:

The provisions stated above are for the sole benefit of Dealer/Applicator and Customer, and confer no rights, benefits or claims upon any person or entity not a party hereto.

Waiver:

The failure of either Dealer/Applicator or Customer to assert a right here under or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent nonperformance of any such term or condition by the other party.

Headings:

The section headings used herein are for convenience or reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from.

Critical Components:

The Products are not authorised for use as critical components in life support systems or situations where failure to perform can reasonably be expected to cause significant injury to users or others.

Third party warranties, if any, for software are contained in the license agreement that accompanies the software.

Software License Terms:

Any and all software is provided subject to such softwares user license agreement. Customer agrees that it will be bound to such agreement.

Waiver/Invalidity:

Failure of Dealer/Applicator to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its right and remedies. If any provision of this Agreement is deemed by a court to be unenforceable, the remainder shall stay in effect.

Complete Agreement:

These terms and conditions, together with any other terms and conditions that Dealer/Applicator publishes or makes available to Customer (i) on an invoice or a packing slip, (ii) at “www.neotechcoatings.com,” or (iii) in any document including, without limitation, those involving extension of credit by Dealer/Applicator, or export of products, represent the entire agreement between the parties and shall supersede all written and unwritten statements, agreements, and understandings between Dealer/Applicator and Customer pertaining to the subject matter of this agreement.