TERMS OF SALE
Last modified: December 19, 2019
Introduction
PEM Surface Creations, Inc. (“Company” or “We”) appreciates your business. These are the terms and conditions (the “Terms of Sale”) that apply when you purchase products from the Company. By placing an order for products, you accept these Terms of Sale and agree to be bound by them. Because these Terms of Sale are subject to change, please review and save a copy of them for your records prior to placing each order. If you have any questions about the Terms of Sale or any aspect of your order, please contact us at (314) 842-1819 or info@pemsurface.com.
Order and Acceptance
Each part of an order that you submit to us constitutes an offer to purchase products. We are not deemed to have accepted your order (or any part of your order) until the requested products are shipped and we have sent a shipment confirmation email.
If we reject your order because of an error in pricing or other information about the product, we will notify you at the email address you provided and ask you whether you would like to re-submit your order to purchase the relevant product once the error has been corrected. If we have sent you products that are different from the description of the relevant products on our Website at the time that you place your order, you can return or exchange it. For more details, please see our Return Policy below.
Although it is rare that we would refuse to accept an order, we reserve the right to deny any order for any reason, including where the following situations arise:
Error in Billing, Payment or Shipping Information
Some orders cannot be processed due to an error in information you have provided, which includes, but is not limited to:
- an incorrect credit card or debit card number, expiration date and/or card security value, or information regarding other payment types;
- incorrect billing information (for example, if the billing information you provide is different from information your financial institution has on record);
- an insufficient or incorrect shipping address (including street address, city, state, zip or postal code); or
- or any suspected fraudulent information.
Product Unavailability
If a product becomes unavailable, or if there is an error relating to the order (for example, an error relating to the price or description of a product) we may cancel the order. If this occurs we will contact you so you are aware of the cancellation.
Resale of Product
To protect our intellectual property rights, any suspected resale of our products for personal or business profit is strictly prohibited. We will not accept any order found to have characteristics of reselling. We reserve the right to cancel all subsequent orders from such customers. Notwithstanding the foregoing, this prohibition on resale does not apply to those customers that purchase our products at a wholesale price, for resale to an end user at retail price.
Previous Fraudulent Order History
We may refuse to accept any order if fraudulent activity is suspected and may refuse to process subsequent orders from customers with a previous fraudulent order history. We may also refuse any orders connected with a previous credit card dispute.
Prices and Payments
We may vary the price of our products at any time, however, after we accept an order, we will not alter the price.
When you pay by credit card, we reserve the right to request additional evidence or proof of billing information. Debit payment methods will be processed as credit. All credit card payments will incur an additional 5% processing fee. The charge for your order will appear on your credit card statement as “PEM SURFACE CREATIONS INC.”. Payment by check is also accepted prior to shipment. Customers may also establish an account with 15 day payment terms, upon completion, and approval, of an application for credit. Any past due balance is subject to a monthly finance charge of 3%. If you contest the validity or amount of a charge related to an order with US and believe it to be fraudulent, please contact us at (314) 842-1819 or info@pemsurface.com. Should your order be cancelled, any 'authorization holds' will drop of your account within three to five business days.
Return Policy
Returns are accepted for any new, un-used rolls of product within thirty (30) days from the date of purchase. Partial product returns will not be accepted. Client will be responsible for return shipping charges, and a restocking fee of $25 per item. Please contact us at (314) 842-1819 or info@pemsurface.com to process a return, obtain a RGA#, and obtain the correct return address. If a return is shipped to an incorrect return address, and/or without a RGA#, the order will be refused and returned to you, at your expense.
Shipping and Cancellation Policy
Shipping fees are paid for by you, and such fees are separate from the product’s purchase price. Factors such as the weight and dimensions of the product will contribute to the shipping fees. All shipments are subject to additional charges including but not limited to: lift gate fees, limited access fees, and residential delivery fees. Your credit card or account may incur additional charges after delivery if any of these fees are requested by you, or deemed applicable by the carrier. If such additional fees are applied, we will send you an email to inform you of the amount of such fees. You are not entitled to any refund for lost or destroyed products resulting from acts or omissions of the carrier or from acts of God. Upon delivery, please alert carrier of any missing items. A claim for missing items cannot be filed, if the shipment is accepted, before the carrier is alerted of missing items, at time of delivery.
You can make changes or cancel your order at any time before your order has been processed. To make changes to your order, please contact Rob Amelung at (314) 842-1819 or info@pemsurface.com. If your order has already been processed, it cannot be cancelled and your order may only be returned if it meets the requirements of our Return Policy above.
Limited Warranty
We warrant to you if you purchase our product that, for one (1) year from the date of purchase of product that the product will be free from defects in materials and workmanship, provided that the product is properly installed and maintained in accordance with the installation and maintenance instructions delivered with the product.
This warranty shall not apply if the product is damaged by natural disasters, including but not limited to, lightning, earthquakes, floods, landslides, tornadoes, hail or hurricane, or through negligence or abuse, including but not limited to, vandalism, civil disobedience or act of terrorism.
This warranty also shall not apply to normal wear and tear of the product, particularly in light of the fact that the product may be subject to different traffic patterns and frequency and severity of use depending upon where the product is installed.
IF THE PRODUCT IS FOUND NOT TO BE FREE FROM DEFECTS IN MATERIALS OR WORKMANSHIP WITHIN THE ONE-YEAR-WARRANTY PERIOD, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE LIMITED TO REPLACEMENT BY US OF THAT PORTION OF THE PRODUCT THAT IS FOUND TO BE DEFECTIVE, AS DETERMINED BY US.
This warranty does not cover installation, because we cannot control the environment of your intended installation of the product, and we cannot guarantee the effectiveness of the adhesive used and performance of installation by your installer. We have also furnished a list of adhesives used in covering installations. Nevertheless, you are solely responsible for selecting an adhesive and an installer for installation of the product. We make no warranty in any way related to proper installation of the product. You must look solely to the adhesive manufacturer and the installer for any warranty relating to installation.
NO REPRESENTATIVE OF THE COMPANY HAS AUTHORITY TO MAKE ANY REPRESENTATIONS, WARRANTIES OR PROMISES EXCEPT AS STATED HEREIN.
EXCEPT FOR OUR EXPRESS LIMITED WARRANTY STATED ABOVE, WE MAKE NO OTHER WARRANTIES, EXPRESS, OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE PRODUCT, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, EVEN IF THE COMPANY OR ANY OF ITS REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITED WARRANTY, LIMITED REMEDIES AND EXCLUSIONS STATED ABOVE ARE FUNDAMENTAL REQUIREMENTS INDUCING THE COMPANY TO SELL THE PRODUCT TO YOU. You acknowledge receipt of the foregoing and agree to the limited warranty, limited remedies and exclusions stated above.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Product Safety
We cannot guarantee that slips, falls or injuries will not occur where our products are used. Further, we cannot guarantee the effectiveness of our products if they are not properly installed. Caution should always be used when accessing wet floors or surfaces. We recommend that you use general safety measures such as “Wet Floor” signs and other appropriate caution signs and promptly clean up all spills and wet surfaces. It is your exclusive responsibility to determine the fit and compatibility of our products with your intended application and use, and to evaluate any safety concerns related to use of our products. It shall also be the exclusive responsibility of the purchaser, to determine when the product needs replacement. Please see the section above called “Limited Warranty” for further details regarding our limited warranty to purchasers of our products.
Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Sale or your use of the products.
Governing Law and Jurisdiction
All matters relating to these Terms of Sale and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Missouri without giving effect to any choice or conflict of law provision or rule (whether of the State of Missouri or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Sale shall be instituted exclusively in the federal courts of the United States or the courts of the State of Missouri in each case located in the City of St. Louis and County of St. Louis although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Sale in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver by the Company of any term or condition set forth in these Terms of Sale shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Sale shall not constitute a waiver of such right or provision.