Terms and Conditions of Use
ACCEPTANCE OF TERMS AND CONDITIONS OF USE: By using the Compliant Paint Booths website, you agree to be bound by the Terms and Conditions of Use and Shipping Policy of this website. The Compliant Paint Booths website may be updated from time to time without notice. Compliant Paint Booths reserves the right to change the terms and conditions of the website at any time without prior notice. Your use of the website and continued use of the website after any changes are made, or purchase of product constitute your agreement and acceptance of the terms and conditions stated. If you do not agree to the terms of the website, do not use this website.
WRITTEN PROPOSALS AND CONTRACTS: When a written proposal is made by Seller specifically subject to the terms and conditions below, the Buyer agrees to accept said terms and conditions upon either (a) signing the proposal, or (b) issuing a written or verbal purchase order for the services, equipment, and /or machinery set forth in Seller's written or verbal quote. In the event Buyer causes delay of delivery of services, equipment and or machinery for any reason and Seller is prepared to deliver same, no scheduled payment(s) to Seller shall be delayed unless approved by the Seller in writing by the Seller. The return to the Seller of a signed copy of the proposal shall be deemed the same as issuing a purchase order from the Buyer. In the case of conflict between the body of the proposal and the Buyers purchase order, the terms and conditions of the proposal shall prevail. From time to time it may be necessary, and we reserve the right, to substitute materials for those originally ordered, but the substitute material will have similar properties and characteristics and will be suitable for performing the functions for which the equipment was purchased. The terms and conditions of the proposal may be modified only when agreed to by the Seller in writing. The contract is intended by Buyer and Seller to be the final expression of their agreement. No course of prior dealings between the said parties, and no usage of trade shall be relevant to supplement, explain or vary any of the terms set forth in the contract. No representation, understandings or agreements have been made or relied upon other those specifically set forth herein. The contract entered into shall insure to the benefit of and be binding upon both the Buyer and Seller, their legal representatives, successors, and assignees. The said contract created by the Buyer’s acceptance as herein and above stated shall be governed by the laws of the state of Texas, USA.
TAXES: Unless otherwise noted, the purchase price does not include any excise, sales, use privilege, license, import, or other taxes levied or based on such price shall be increased by the amount of any such taxes. Any personal property taxes assessable on the equipment after delivery to the carrier shall be born by the Buyer.
SECURITY INTEREST: The Buyer hereby creates a security interest in favor of the Seller, and the Seller hereby reserves a purchase price and any and all other sums due and owing from the Buyer to the Seller. Buyer authorizes Seller to file financing statements in the necessary jurisdictions and hereby agrees to execute all necessary documents to facilitate said filing. Buyer shall not sell, pledge, mortgage, lease or otherwise encumber the equipment sold hereunder until Seller is fully paid, including all service agreed upon.
PAYMENT TERMS: Payments shall be made to Seller according to the terms stated in the body of the quotation. A service charge will be added to accounts which remain unpaid beyond Sellerís stated terms. This charge shall be added monthly at 1Ĺ %. Buyers and Advertisers are responsible for providing up-to-date payment information. Compliant Paint Booths will not be held responsible should your payment information become out-of-date. If payment is by credit card, you authorize Compliant Paint Booths to charge your credit card listed either on the order form or provided by you for charges due to Compliant Paint Booths, or for any charges or past-due balances in order to bring the account to current status. In applicable cases, credit cards are used for recurring payments and are billed and charged automatically at the agreed-upon intervals. Compliant Paint Booths may charge any past due amounts to the provided card at any time. Accounts are in default if payment is not received on the due date. Accounts unpaid after due date may have their product delivery or service interrupted. Such interruption does not relieve the Buyer from the obligation to pay the amount due in full. Only a 30-day advanced written request to terminate your service relieves you of your obligation to pay advertising charges. In the event of default, you agree to pay Compliant Paint Booths its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions. Compliant Paint Booths reserves the right to change pricing and product specifications at any time.
TITLE: Title to the said equipment set out herein shall pass to the Buyer when same is delivered to Buyers carrier, a common carrier, or when received by Buyer upon delivery by Sellerís own carrier and Seller has been paid in full. All costs of transportation shall be born by Buyer, unless otherwise agreed in writing, and all risk of loss shall pass to Buyer upon passage of title as provided herein.
WARRANTY: Seller warrants to the Buyer that the equipment mentioned herein shall be free from defects of materials or workmanship under normal use and maintenance for a period of one (1) year from the date of shipment. The liability of Seller under this warranty shall be limited to the repair or replacement, at sellerís option, of any part or component which may prove to be defective under normal use, service and maintenance after Seller, in its sole discretion, determines same to be defective. Said warranty is conditioned upon Buyer giving Seller immediate written notice of an alleged defect, and refrains from the attempted repair of alleged defects without prior written consent of the Seller. The Seller makes no warranty whatsoever with respect to accessories or components not supplied by Seller. For any components purchased by Seller for use or in use on or in conjunction with the equipment which is the subject of this contract, the Seller extends to the Buyer only the same warranty granted to Seller by component vendor or manufacturer.
THIS LIMITED WARRANTY IS EXCLUSIVE, AND IS IN LIEU OF ANY OTHER WARRANTIES (EXPRESS OR IMPLIED) INCLUDING WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND OF ANY NON-CONTRACTUAL LIABILITIES INCLUDING PRODUCT LIABILITIES BASED ON NEGLIGENCE OR STRICT LIABILITY. EVERY FORM OF LIABILITY FOR DIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS IS EXPRESSLY EXCLUDED AND DENIED. IN NO CASE SHALL Compliant Paint Booths LIABILITY ON THIS WARRANTY EXCEED THE AMOUNT OF THE PURCHASE PRICE.
The performance and safety of the equipment mentioned herein is contingent upon proper installation, the use of suitable process materials and operation and maintenance by properly trained personnel.
During the warranty period Compliant Paint Booths will repair or replace, free of charge, any parts which Compliant Paint Booths has verified to be defective in materials or workmanship. If inspection of the equipment does not disclose any defect in workmanship or material, repairs will be made at a reasonable charge, which will include cost of labor, materials, and transportation. It shall be the Buyer's responsibility to pay for any such charge.
DELIVERY: In the event Buyer requires the Seller to delay engineering, fabrication, shipment, installation, or start-up of equipment and/or machinery under this proposal any additional costs incurred by the Seller shall be reimbursed by the Buyer. All agreements by Seller are contingent upon acts of God, strikes, accidents, delays or default of Sellerís suppliers, or other delays beyond the Sellerís reasonable control. In no event shall the Seller be liable for any consequential damages occasioned by delays mentioned herein.
CHANGES: Should the Seller make any changes at the request of the Buyer, or due to changes in site conditions or installation requirements which occur subsequent to this proposal, the parties shall renegotiate the price quoted herein to reflect all expenses caused by said changes.
APPROVAL: All local, state, or federal approvals, licenses, or permits are to be provided by the Buyer.
NON-ASSIGNABILITY: This contract can neither be assigned nor performance of duties hereunder delegated without the express written consent of the parties hereto or their duly authorized agents.
TRADEMARK INFORMATION: All brand name or product names may be trademarks or registered trademarks of their respective owners and are used herein for editorial purposes with no intent to infringe.
OWNERSHIP OF MATERIALS: The information contained in the Compliant Paint Booths website is copyrighted and may not be distributed, modified, reproduced in whole or in part without the prior written permission of the owner.
LINKS TO OTHER WEBSITES: Compliant Paint Booths makes no representations whatsoever about any other websites which may be accessed from the Compliant Paint Booths website. When you access a website linked from Compliant Paint Booths, please understand that it is independent from Compliant Paint Booths and that Compliant Paint Booths has no control over the content on that website. A link from the Compliant Paint Booths website to another website should not be construed as an endorsement of that website. Compliant Paint Booths accepts no responsibility for the content or use of any website linked from the Compliant Paint Booths website.
LIMITATION OF LIABILITY: YOU UNDERSTAND AND AGREE THAT Compliant Paint Booths SHALL NOT BE LIABLE FOR ANY LOSS, CLAIM OR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, INJURY OR ANY OTHER CONSEQUENTIAL DAMAGES FROM: (A) THE USE OR THE INABILITY TO USE THE WEB SITE, ITS CONTENT OR PRODUCTS PURCHASED; B) INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE OR PRODUCTS PURCHASED; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR PRODUCTS PURCHASED; OR (D) ANY OTHER MATTER RELATING TO THE WEBSITE OR PRODUCTS PURCHASED. IF LIMITED LIABILTY IS PROHIBITED, IN NO CASE SHALL ANY DAMAGE AWARD EXCEED THE COST OF THE USE OF THE WEBSITE.
ADVERTISERS: Advertisers are responsible for ensuring that the material that they submit to the website is accurate and complies with any applicable laws. All advertisers that are listed in the Compliant Paint Booths website or choose to advertise on the website claim to be of moral character and in compliance with all applicable laws. Advertising laws for advertisers may vary from state to state and each advertiser agrees to abide by the applicable laws for their state. Each advertiser is responsible for the information that is posted on the website. Because it is difficult to confirm the authenticity of advertisers on the Internet, Compliant Paint Booths cannot and does not confirm that any advertisers are who they claim to be. Compliant Paint Booths shall not be liable for any loss or damage of any sort incurred as the result of any misrepresentations or dealings with advertisers listed on this website.
REFUSAL OF SERVICE: Compliant Paint Booths reserves the right at its sole discretion to refuse or cancel any service or product delivery. Violation of any Compliant Paint Booths terms and conditions could result in a warning, suspension, or possible account termination. Accounts terminated due to terms and conditions policy violations will not be refunded.
INDEMNIFICATION: You agree to indemnify and hold harmless Compliant Paint Booths from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Compliant Paint Booths, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by you, your agents, employees or assigns. You agree to indemnify and hold harmless Compliant Paint Booths against liabilities arising out of; (1) any injury to person or property caused by any services or products sold or otherwise used or distributed in connection with Compliant Paint Booths (2) any material supplied by you infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement. You are solely liable for any transmission of data, content, messages or communications that you provide to the website and (4) any typographical errors on the website.
REFUNDS: Purchases such as but not limited to spray booths, spray booth accessories, frame racks, fresh air supply systems and advertising are non-refundable. Refunds resulting from our decision to terminate your service may or may not be issued and are at our sole discretion.
CANCELLATIONS: If an order is cancelled after production has started the Buyer is solely responsible for paying all production costs incurred and in addition is subject to a 15% restocking fee.
GOVERNING LAW AND JURISDICTION: The terms and conditions of use of this website are governed by the laws of the State of Texas. You consent and agree that the state or federal courts of Texas will have exclusive jurisdiction and venue over any action or controversy that may arise.