TERMS & CONDITIONS

360 COATINGS TERMS AND CONDITIONS OF SALE (REMARKABLE™ WHITE & CLEAR)

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:

1. General. This Agreement contains all the terms and conditions governing the Buyer’s purchase of Products from 360 Coatings or it’s authorized distributors. Any additional terms or conditions (preprinted or otherwise) proposed by Buyer shall not become a part of this Agreement, unless signed by 360 Coatings or its authorized distributors. Terms or conditions contained in Buyer’s purchase order or other form containing terms and conditions shall have no force or effect.
2. Price and Payment. The price(s) for the Products will be those you have separately paid or agreed to pay for the Products.
3. Limited Warranty. The following Limited Warranties are dependent upon whether you purchased your ReMARKable™ Paint Products directly from 360 Coatings or whether you purchased your ReMARKable™ Paint Product from one of our authorized distributors.
4. Return Policy. ReMARKable can be returned within 30 days of original purchase date. Returned product must be unopened & free of tampering. Note: There will be a 25% restocking fee for all returned orders.
  • 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.
5. Limitation of Liability.
  • 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.
6. No Reverse Engineering. Buyer agrees that it will not, directly or indirectly, alter or remove, and shall abide by, any patent, trademark, copyright, trade secret, proprietary or other notices contained on the Product containers. Buyer agrees to hold in confidence the Products prior to their use and not to disclose or make available in any form the same, except to Buyer’s employees and agents. The Buyer shall not disassemble, decompile or reverse engineer or otherwise derive the components of the Products, and shall not permit others to do so.
7. Resale. If you purchased your ReMARKable™ Paint Product directly from 360 Coatings (and not from one of its authorized distributors), subject to the terms and conditions of this Agreement, Buyer shall have the right to resell or transfer the Product to any third party (an “End User”), provided that (a) Buyer makes such sale pursuant to binding terms and conditions no less protective of 360 Coatings and the Product than Sections 3, 4, 5, this Section 6 (with respect to further re-sales) and 7, (b) Buyer makes no representation or warranty on behalf of 360 Coatings or its authorized distributors, (c) Buyer fairly and accurately represents the Product at all times only in accordance with the express statements in 360 Coatings written documentation, and (d) Buyer ensures that all Product documentation and all applicable warnings are delivered to each and every End User of the Product.
8. Miscellaneous. This Agreement constitutes the entire agreement between Buyer and 360 Coatings and its authorized distributors with respect to the subject matter hereof and is the final, complete, and exclusive statement of the terms of the Agreement, superseding all prior written and oral agreements, understandings and undertakings with respect to the subject matter hereof; provided that any payment obligations of Buyer and any written express warranty of 360 Coatings and its authorized distributors shall continue to the extent effective regardless of this Agreement. Modifications to this Agreement may be made only in writing, signed by an authorized corporate officer of 360 Coatings and/or its authorized distributors, as applicable. The waiver of any term or condition or any breach thereof shall not affect any other term of condition of this Agreement. The Agreement shall be governed by and construed in accordance with the laws of Florida, excluding: (i) its conflicts of laws principles; (ii) the United Nations Convention on Contracts for the International Sale of Goods; (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iv) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. Buyer shall not assign this Agreement without 360 Coatings and/or its authorized distributors’ prior written consent. Termination of this Agreement will not relieve Buyer of any payment obligations. Sections 2, 3, 4, 5, 6 and 7 shall survive this termination of this Agreement. If any provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of any authority having jurisdiction over this Agreement, the validity of the remaining portions or provisions hereof shall remain in full force and effect. 360 Coatings and/or its authorized distributors shall not be liable for failure to perform any of its obligations hereunder by reason that are beyond its reasonable control, including, without limitation, fire, flood, earthquake, interruptions in supply, other natural disaster, war embargo, riot or acts of terrorism. The customer is also encouraged to register their warranty with 360 Coatings or its authorized distributors in order to validate the warranty with the enclosed product registration card.
10/07/2012, ReMARKable™ 360 Coatings

International Customers please note : you will be responsible for applicable tariffs or import fees upon delivery

WHAT OTHERS ARE SAYING

I love my whiteboard. I feel MUCH more organized having the board on my wall v. a standard white board. Besides that, mine is much prettier 🙂
Bridgette Hester
Have only been using the whiteboard walls for a couple of meetings. So far, we love it!!
Shelly DuBay
Easy and informative!
Gary Kim
Great! We love our clear ReMARKable paint! It cleans so easily, and it has truly increased our organizations communication.
Leilani Miller
Great product. Easy to apply. Very clear directions, definitely worth it!
Mason Murchison
Awesome!
Nicole Connell
The site was easy to navigate and the videos were helpful when I was comparing other products.
Kenton Grant
great customer service and very helpful through the painting process!
Kevin Simmerman
We applied a 16' x 5' white board in a conference room. It was SO and love it!!
Richard Hylland
Quick and efficient ordering process. Rapid shipment! AMAZING product!!! I couldn't be more pleased!!!
Mark Rubick
I love the product. We need research, and compared reviews (positive and negative) with other brands, and selected Remarkable. We did a small area in our Data Center, and LOVE it. We chose the clear version. It was simple to mix, paint and wait. I recommend the rollers that Remarkable has for sale, and followed the directions with no issues. We are using the new area and just purchased enough for our entire back wall in the work area - 300 sq feet! Can't Wait...-- Jenn (A Dry Erase Board Snob)
Jennifer Pruyn
It was a greatvexperience. It was easy to order online and received my Remarkable paint right away. Will order again. Very happy with the product and ordering process.
Gerardo Almazan
Great experience using ReMARKable's whiteboard product. Very easy to follow instructions for applying the material. And the finished product is great! Very nice finish without an overpowering shiny glare as well as no toxic fumes to deal with while applying. I could not recommend this product more strongly!!
Dennis Cahalan
Very positive, thank you!
alla korinevskaya
Purchasing the item was simple!
Kristina Marzullo
application went smoothly. It is currently drying
Kenneth Ramirez
Great customer service and a fair price.
Christian Smith
The wall turned out great and looks fantasic. Really happy with the results.
Jason Poole
We are totally satisfied with the results of the white board. Your instructions were detailed and easy to understand. The product was as advertised, easy application, low odor, results are fantastic. The only problem we had was at checkout we did not find a place to use the 20% discount coupon we had. Other than that we will be ordering again. Thanks!
Teresa Carter
The opportunity to type in the size of the space to be painted helped with the selection of paint to purchase. I appreciate all the information posted on the site. I also liked the video of comparisons between different brands. Thanks!
Mary Beth Gay
Very fast and efficient.
Milan Sulc
Great customer service.
Lori Harrison
Very happy with the shopping experience. Love my reMARKable wall in my home office.
Scott Watson
I somehow managed to order white instead of clear. When I realized the mistake I was able to connect with customer service, and they made it easy to return the white, and send me clear, it was awesome! I can't wait to get this up on my wall!
Rachel Parsley
Delivered as promised! Kids love it and so do I. I have the clear and you can barely tell it is on the wall when clean. Once you right on the wall it works great and wipes off completely. Thanks!
Chris Caouette
I had a vary favorable experience! I appreciated an email follow up and instructions on how to apply the paint. Delivery was speedy! Overall, success.
Heather Anderson
Susan gave great customer service, responding to emails and voicemails in a very timely manner. She answered all of my questions before making our purchase. Thank you again!
Heather White

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