Terms & Conditions

TSC Coatings, LLC. 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 TSC Coatings, LLC, (“ReMARKable™”) and/or TSC Coatings, LLC’s authorized distributors, establishing terms and conditions under which Buyer purchases ReMARKable™ Dry Erase Paint (White & Clear) and related Products (“Products”) directly from TSC Coatings, LLC 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 TSC COATINGS, LLC 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 TSC Coatings, LLC 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 TSC Coatings, LLC 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 TSC Coatings, LLC 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 TSC Coatings, LLC then The ReMARKable™ Paint Products are warranted for a period of ten (10) years from shipment by TSC Coatings, LLC. 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 TSC Coatings, LLC, 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 TSC Coatings, LLC or has been altered by any person or entity other than personnel of TSC Coatings, LLC (3) any Product that has been subjected to abuse, misuse, damage, neglect, or accident beyond TSC Coatings, LLC’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 TSC Coatings, LLC 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 TSC Coatings, LLC (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, LLC and/or its authorized distributors and its suppliers’ sole and exclusive liability for a breach of this limited warranty shall be, at TSC Coatings, LLC 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 TSC Coatings, LLC or its authorized distributors if so requested.
    • 10/07/2012 ReMARKable™ TSC Coatings, LLC. 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 TSC Coatings, LLC (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 TSC Coatings, LLC AND/OR ITS AUTHORIZED DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
    • II. Limited Direct Damages. TSC Coatings, LLC (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 TSC Coatings, LLC (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 TSC Coatings, LLC 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 TSC Coatings, LLC or its authorized distributors, (c) Buyer fairly and accurately represents the Product at all times only in accordance with the express statements in TSC Coatings, LLC 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 TSC Coatings, LLC 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 TSC Coatings, LLC 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 TSC Coatings, LLC 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 TSC Coatings, LLC 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. TSC Coatings, LLC 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 TSC Coatings, LLC or its authorized distributors in order to validate the warranty with the enclosed product registration card.

10/07/2012, ReMARKable™ TSC Coatings, LLC

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