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SurfacePrep | Abracus Division

Terms and Conditions

Any reference to "SurfacePrep," "we," or "our" refers to SurfacePrep | Abracus Division, and any reference to "purchaser," "customer," "You," or "your" refers to the authorized person or persons purchasing products SurfacePrep pursuant to these Terms and Conditions. Purchases may be made by a person age 18 or older and anyone purchasing on the website is considered to be an authorized purchasing agent for customer.

1. Sales.
SurfacePrep | Abracus Division ("SurfacePrep") sells its complete line of products and/or services to business customers.   

2. Prices. 
Prices shown on website and on any literature do not include freight, handling fees, taxes, and are subject to correction or change without notice. SurfacePrep reserves the right to accept or reject any order. We reserve the right to bill at prices in effect at time of shipment.  Quotations may be requested for quantity pricing or for products not found in catalog or on web site by calling SurfacePrep at 1-602-437-0564.

3. Sales Tax.
Customers in Arizona will be responsible for payment of all applicable state and local taxes, or for providing a valid sales tax exemption certificate. When placing an order, Arizona customer shall indicate which products are tax exempt and provide a state tax exemption form as applicable. No sales tax will be charged for customers whose shipping address is outside of Arizona.

4. Payment and Credit Terms.
SurfacePrep accepts Visa, MasterCard, and American Express. For customers who wish to establish credit with SurfacePrep, they shall complete a credit application and provide any necessary documentation to determine credit worthiness.  Upon credit approval and/or for customers with established SurfacePrep credit, payment terms are net thirty (30) days from the date of shipment or pick-up of products. All credit extended by SurfacePrep to customer, and the limits of such credit, is at SurfacePrep’ sole discretion, and may be reduced or revoked by SurfacePrep at any time, for any reason. As a condition for the continued extension of credit, customer agrees to provide SurfacePrep with current credit information within five (5) business days following request by SurfacePrep. SurfacePrep reserves the right to charge a flat fee, to be determined by SurfacePrep, for late payments. SurfacePrep further reserves the right to charge customer a late payment fee at the rate of one and one-half percent (1.5%) of the amount due for each month or portion thereof that the amount due remains unpaid, or such amount as may be permitted under applicable law. All payments must be made in U.S. dollars. SurfacePrep has the right of set-off and deduction for any sums owed by customer to SurfacePrep.

If customer fails to make payment within thirty (30) days of shipment or pick-up, or fails to comply with SurfacePrep’ credit terms, SurfacePrep  may defer shipments until such payment or compliance is made, require cash in advance for any future shipments, demand immediate payment of all amounts then owed, elect to pursue collection action (including without limitation, attorneys’ fees and any and all other associated costs of collection), and/or may, at its option, cancel all or any part of an unshipped order. Additionally, customer, and each of its subsidiaries and affiliates, agrees to provide to SurfacePrep proper authorization necessary for SurfacePrep 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 SurfacePrep are jointly and severally liable for purchases with customer, and customer is also acting as agent for such subsidiaries and affiliates.

5. Credit Balance. 
Customer agrees that any credit balance(s) issued by SurfacePrep will be applied to customer’s account within one (1) year of its issuance. If customer has not requested the credit balance within one (1) year, any remaining credit balance will be cancelled and SurfacePrep shall have no further liability.

6. Shipping Policy

Prices stated are F.O.B. origin, freight prepaid and add to destination specified in the order. Any shipping charges will be added to order at time of shipment. ORDERS WITH SHIPPING ADDRESS TO RESIDENTIAL OR RURAL ADDRESSES WILL BE REJECTED. Title and risk of loss pass to customer upon tender of shipment to the carrier or upon customer pickup.  SurfacePrep reserves the right to charge a shipping and handling fee on each order which is applied at time of shipment and reflected on customer's invoice. Receipts for shipping and handling charges will not be provided. COD shipments are not permitted. Other terms and conditions may apply for other than standard ground delivery , including without limitation, customer pickup, expedited same day delivery, air freight, freight collect, hazardous materials, customer's carrier, or other special handling by the carrier. Any charges incurred for customer-requested freight services must be paid by customer including applicable fuel surcharges. If the product is damaged in transit, customer's recourse is to file a claim with the carrier. Customer may also use their own account number for shipping and may designate same upon checkout.

7. Limited Warranty for Business.
All Products sold are warranted by SurfacePrep only to customers for resale or use in business.

8. MANUFACTURERS' WARRANTIES AND LITERATURE:

SurfacePrep warrants products against manufacturer's defects in materials and workmanship under normal use for a period of up to one (1) year after the date of purchase from SurfacePrep, unless otherwise stated.  Provided that SurfacePrep accepts the product for return during the limited warranty period, SurfacePrep may, at its sole discretion, repair, replace, or refund the amount paid by customer.  Customer must return the product to SurfacePrep, shipping costs prepaid.  SurfacePrep’ repair, replacement or refund of amount paid by customer shall be the customer’s sole and exclusive remedy. For information on a specific manufacturer's warranty, please contact SurfacePrep customer service at 1-602-437-0564.

9. MANUFACTURER WARRANTY DISCLAIMER.AND LIMITATIONS OF LIABILITY TO ALL CUSTOMERS
Except as set forth herein and where applicable, no warranty or affirmation of fact or description, express or implied, is made or authorized by SurfacePrep.  SurfacePrep disclaims any express or implied warranties of merchantability, fitness for a particular purpose or no infringement of intellectual property rights.  SurfacePrep also disclaims any liability for claims arising out of product misuse, improper product selection, improper installation, product modification, improper repair or misapplication.  Any liability for consequential, incidental, special, exemplary, or punitive damages is expressly disclaimed to the extent permissible.  SurfacePrep liability in all events is limited to the purchase price paid for the product that gives rise to any liability. 

10. Product Return. 
Before returning any product, customer shall call SurfacePrep Customer Service at 1-602-437-0564 or send email to ecommerce@surfaceprep.com to obtain a Return Goods Authorization (RGA) Number.

·           Please provide the purchase date, customer purchase order if application, the original invoice number, the MPN number, and a description of the defect. Proof of purchase from SurfacePrep is required in all cases.

·           Upon issuance of an RGA, the RGA number must be clearly marked on the shipping label and included on packing slip on inside of box. (Returns will not be accepted unless accompanied by this number.)

·           All returns must be unused and in their original packaging and shipped back to SurfacePrep within 10 days of receipt to be considered for a full refund.

·           Always include a copy of your invoice or packing slip.

·           Claims for discrepancies in shipment must be made within 3 business days of receipt of merchandise or they will not be considered.

·           C.O.D. returns will not be accepted.

·           Return shipping charges to be incurred by customer unless shipping error on part of SurfacePrep.

·           Altered items will not be accepted.

·           Customized Products: Because of the special nature of the products, custom cut-to-length products are considered final sale and may not be returned for credit. Expiration dated product and discontinued items are non-returnable for credit.

·           SurfacePrep may be prohibited from offering certain products due to restrictions or requirements of various federal, state, local and other authorities having jurisdiction in these matters. Please note when ordering. Return Goods Authorizations are valid for 15 days from date of issue.  Products returned without authorization will be disposed of or returned at the purchaser's expense, and no credit will be issued.

11. Product Compliance and Suitability

Jurisdictions have varying laws, codes and regulations governing construction, installation, and/or use of products for a particular purpose. Certain products may not be available for sale in all areas. SurfacePrep does not guarantee compliance or suitability of the products it sells with any laws, codes or regulations, nor does SurfacePrep 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.

12. Custom Product  

Customer may order custom products created to customer’s specifications. SurfacePrep is not responsible for verifying or confirming the accuracy of specifications provide by customer to SurfacePrep for custom products.  SurfacePrep’ limited warranty terms do not apply to custom products. Product warranty provided by manufacturer and/or supplier other than SurfacePrep will be customer’s sole remedy.  All custom products are sold as final sale and no cancellations, returns, refunds or credits will be allowed.WEBSITE

TERMS OF USE: The following terms and conditions apply to all visitors to or users of abracussupply.com. By accessing this Website, user acknowledges acceptance of these terms and conditions. SurfacePrep reserves the right to change these terms and conditions from time to time at its sole discretion and without notice. Your continued use of this Website after a posted change in these terms and conditions will constitute your acceptance of such changes in these terms and conditions. SurfacePrep reserves the right to seek all remedies available by law and in equity for such violations.
  

DISCLAIMER Although SurfacePrep has attempted to provide accurate information on the Website, SurfacePrep assumes no responsibility for the accuracy of the information. SurfacePrep may change products or services mentioned at any time without notice. ALL INFORMATION PROVIDED ON THIS WEBSITE IS PROVIDED "AS IS" WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. SurfacePrep AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SurfacePrep AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY SurfacePrep PRODUCT OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF SurfacePrep OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT OF THE LAW).

 PRODUCT COMPLIANCE AND SUITABILITY Jurisdictions have varying laws, codes and regulations governing construction, installation, and/or use of products for a particular purpose. Certain products may not be available for sale in all areas.  SurfacePrep does not guarantee compliance or suitability of the products it sells with any laws, codes or regulations, nor does SurfacePrep accept responsibility for construction, installation and/or use/misuse 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.
  

ACCESS AND USE OF INFORMATION You are hereby granted, subject to these terms and conditions, a limited, non-exclusive, non-transferable license to view the screens and materials on this Website and to print only a limited number of copies of such screens and materials as is needed for your own non-commercial use, in order to make a decision whether or not to purchase any products offered through this Website. Access to this Website is limited to viewing the linked Web pages solely to access information for purposes making a purchase decision. Any access to this Website for any other purpose is expressly prohibited. Any access or attempt to access other areas of the SurfacePrep computer system or other information contained on the system for any purpose is strictly prohibited.
    

LINKS From time to time, other Websites may provide hypertext links ("Links") to this Website. No such Links shall imply any relationship or connection between SurfacePrep and the operator of the Website containing the Link to this Website. SurfacePrep has no liability to you arising out of your use of any Website that provides Links to this Website.
  

TRADEMARKS The trademarks, logos and service marks ("Marks") displayed on this Website are the property of SurfacePrep or other third parties. Users are not permitted to use these Marks without the prior written consent of SurfacePrep or such third party which may own the Mark.
   

COPYRIGHT The information available on this Site is the property of SurfacePrep and its Supplier Partners and is protected by copyright and other intellectual property laws. All rights not expressly granted under this Agreement are hereby reserved by SurfacePrep. No act of downloading any portion of this Website will constitute a transfer of title in such material. Any printouts using or referencing content from this site, with the purpose of evaluating or acquiring SurfacePrep products or services, shall contain SurfacePrep copyright notice. No other permission is granted to you to copy, reproduce, distribute, republish, transmit, upload, download, anything published on this site.