TERMS & CONDITIONS

These terms and conditions are a legal agreement between you (either an entity or an individual on whose behalf you are acting) (“Buyer”) and 360 Coatings, (“ReMARKable™”) and/or 360 Coating’s authorized distributors, establishing terms and conditions under which Buyer purchases ReMARKable™ Dry Erase Paint (White & Clear) and related Products (“Products”) directly from 360 Coatings or its distributors or otherwise.

BEFORE YOU OPEN EITHER CAN OF REMARKABLE™ PRODUCT INCLUDED IN THIS PACKAGE, (Part A & Part B) CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY OPENING, ANY CAN OF 360 COATINGS PRODUCT, YOU (AS BUYER) ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO AGREE TO THESE TERMS ON BEHALF OF BUYER.

Unless otherwise expressly agreed in writing, Buyer’s use or distribution of the Products is subject exclusively to the following terms and conditions:

• I. Limited Warranty.(1.) If you purchased your ReMARKable™ Paint Product directly from 360 Coatings then The ReMARKable™ Paint Products are warranted for a period of ten (10) years from shipment by 360 Coatings NOT to delaminate, peel, or crack; will NOT “yellow” in any way; to resist staining and to show no measurable fade when used with the appropriate dry erase markers and when properly installed, cleaned and maintained in conformance with the installation instructions accompanying the Product. The limited warranties set forth herein apply only to the original Buyer of the Product from 360 Coatings, may be acted upon only by such Buyer, and may not be assigned, sold or transferred to any third party. The limited warranties herein shall not apply to (2) any Product that has not been applied to a surface within six months of delivery by 360 Coatings or has been altered by any person or entity other than personnel of 360 Coatings (3) any Product that has been subjected to abuse, misuse, damage, neglect, or accident beyond 360 Coating’s published limitations for the Product or other causes external to the Product (including, without limitation, environmental conditions), (4) any defects caused by the materials on the surface to which the Product is applied, other than those specified in this warranty, (5) any non-conformities or defects disclosed by Buyer to 360 Coatings with respect to a Product after the expiration of the applicable warranty period for such Product, (6) any Product that has not been maintained and utilized pursuant to ReMARKable™’s instruction or (7) surface performance. (8) If you purchased your ReMARKable™ Paint Product from one of our authorized distributors, all Product surfaces are warranted for a period of ten (10) years from your purchase from an authorized distributor NOT to delaminate, peel, or crack; will NOT “yellow” in any way; to resist staining and to show no measurable fade when used with the appropriate dry erase markers and when properly installed, cleaned and maintained in conformance with the installation instructions accompanying the Product. The limited warranty set forth herein is made only to the original Buyer of the Product from distributor, may be acted upon only by such Buyer, and may not be assigned, sold or transferred to any third party. The limited warranty herein shall not apply to (9) any Product that has not been applied to a surface within six (6) months of delivery by distributor or that has been altered by any person or entity other than distributor or 360 Coatings (10) any Product that has been subjected to abuse, misuse, damage, neglect, or accident beyond published limitations for the Product or other causes external to the Product (including, without limitation, environmental conditions), (11) any defects caused by the materials on the surface to which the Product is applied, other than those specified in this warranty, or (12) any non-conformities or defects disclosed to distributor with respect to a Product after the expiration of the ten (10) year warranty period for such Product.
• II. Remedies. Buyer’s sole and exclusive remedy and 360° Coatings and/or its authorized distributors and its suppliers’ sole and exclusive liability for a breach of this limited warranty shall be, at 360 Coatings and/or its authorized distributor’s option (1) ReMARKable™’s and/or its authorized distributor’s use of their commercially reasonable efforts to replace the non-conforming Product, or (2) refund to the Buyer an amount not to exceed the actual payments received by ReMARKable™ or its authorized distributors for such non-conforming Product. Buyer shall return any remaining quantities of non-conforming Product to 360 Coatings or its authorized distributors if so requested.
  10/07/2012 ReMARKable™ 360 Coatings Terms and Conditions of Sale (ReMARKable™ White & Clear)
• III. Disclaimers. THE LIMITED WARRANTY SET FORTH HEREIN IS IN LIEU OF ANY OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON`INFRINGEMENT) WITH RESPECT TO THE PRODUCT, THE MANUFACTURE, SALE, SUPPLYING OR FAILURE OR DELAY IN SUPPLYING OF THE PRODUCT, SERVICES RELATED THERETO OR THE USE OR RESULTS OF THE PRODUCT.

• I. No Indirect Damages. IN NO EVENT SHALL 360 Coatings (OR ITS AUTHORIZED DISTRIBUTORS, SUPPLIERS OR LICENSORS) BE LIABLE TO BUYER OR ANY THIRD PARTY FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE OR OTHER INDIRECT DAMAGES, OR FOR LOSS OF PROFITS OR LOSS OF USE DAMAGES, ARISING OUT OF THE PRODUCTS, MANUFACTURE, SALE, SUPPLYING OR FAILURE OR DELAY IN SUPPLYING OF THE PRODUCTS, SERVICES RELATED THERETO OR THE USE OR RESULTS OF THE PRODUCTS, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF 360 Coatings AND/OR ITS AUTHORIZED DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
• II. Limited Direct Damages. 360 Coatings (AND ITS AUTHORIZEDF DISTRIBUTORS’, SUPPLIERS’ AND LICENSORS’) LIABILITY ARISING OUT OF PRODUCTS, THE MANUFACTURE, SALE, SUPPLYING OR FAILURE OR DELAY IN SUPPLYING OF THE PRODUCTS, SERVICES RELATED THERETO OR THE USE OR RESULTS OF THE PRODUCTS, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE APPLICABLE PURCHASE PRICE PAID BY BUYER FOR THE APPLICABLE PRODUCT.
• III. Use of Results at Buyer’s Risk. BUYER ASSUMES SOLE AND EXCLUSIVE RESPONSIBILITY AND LIABILITY FOR ANY CLAIMS OR DAMAGES OF BUYER OR ANY THIRD PARTY ARISING FROM USE OF THE PRODUCT.