Terms & Conditions
Sun Coatings attempts to be as accurate as possible. However, Sun 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 Coatings itself is not as described, your sole remedy is to return it in unused condition.
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 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 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 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 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
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 Coatings. In addition, other Web sites may link to our Web Sites. Sun Coatings is not responsible for the content or privacy policies of these third-party Web sites.
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 Coatings or its affiliates. The compilation of the content on the Web Sites is the exclusive property of Sun Coatings.
The copyright in all materials provided on the Web Sites is owned by Sun 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 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 Coatings may revoke any of the foregoing rights at any time. You may not, without Sun 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.
The trademarks, service marks and logos used and displayed on the Web Sites are registered or unregistered trademarks of Sun 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 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 Coatings. Sun Coatings prohibits the use of any Sun Coatings logo and trademark as a hotlink to any web site unless establishment of such link is approved in advance by Sun Coatings in writing.
You are responsible for all information you provide to Sun Coatings or post on the interactive site(s). If Sun Coatings has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sun 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 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 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
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 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 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 Coatings or a Sun 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.
CHOICE OF LAW
SALES TERMS AND CONDITIONS
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.
TERMS OF PAYMENT
Unless otherwise specified terms of payments are net cash.
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.
When the sales includes job site delivery, the same covers ground floor deliver 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.
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.
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.