THIS WEB PAGE CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS THE CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS OF SALE.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH SMOOTH-ON, INC. (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS BY APPLICABLE LAW OR (D) ARE OUTSIDE OF THE 48 CONTIGUOUS STATES.
1. TERMS AND CONDITIONS OF SALE.
(a) These terms and conditions of sale (these “Terms”) apply to the purchase and sale of products (your “Order”) through https://www.smooth-on.com/ (the “Site”). These Terms are subject to change by Smooth-On, Inc. (referred to as “Smooth-On”, “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before placing your Order on this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
2. ORDER ACCEPTANCE AND CANCELLATION
(a) We will only accept Orders for deliveries to addresses within the contiguous 48 states of the United States of America. If you wish to purchase our products for shipment outside the USA, please visit this page to find your closest distributor: http://www.smooth-on.com/distributors/
If there is no distributor near you, you can contact our export department using our online contact form for assistance.
(b) You agree that your Order is an offer to buy all products listed in your Order subject to these Terms. All Orders must be accepted by us, subject to our sole discretion. We are not be obligated to sell products to you. Acceptance of your Order and the formation of the contract of sale between Smooth-On and you will not take place unless and until you have received your Order confirmation email after you have placed your Order. The Order confirmation email will provide you with your Order number and details of the products you have purchased.
(c) You have the option to cancel your Order at any time before we have sent your Order confirmation email by calling our Customer Service Department at (610) 252-5800. (c) You have the option to cancel your Order at any time before we have sent your Order confirmation email by calling our Customer Service Department at (610) 252-5800. You must have the credit card used to make the purchase ready for processing of any refund.
3. PRICES AND PAYMENT TERMS
(a) All prices posted on this Site are subject to change without notice. The price charged for a product will be the price in effect at the time the Order is placed and will be set out in your Order confirmation email. Price increases will only apply to Orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any Orders arising from such errors.
(b) All additional taxes and charges, such as sales tax, will be added to your Order total and will be itemized in your shopping cart and in your Order confirmation email. If you believe you are tax exempt, please contact us to receive instructions. We cannot apply a tax-exempt number retroactively.
(c) Freight, shipping and handling, and hazardous goods shipping charges (if applicable) will also be applied to your Orders and will be itemized in your online shopping cart and in your Order confirmation email.
(d) The terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an Order. We accept Mastercard, Visa, AMEX, and Paypal only. If you choose to pay by credit card, you represent and warrant that:
(i) the credit card information you supply to us is true, correct, and complete;
(ii) you are duly authorized to use such credit card for the purchase;
(iii) charges incurred by you will be honored by your credit card company; and
(iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
4. SHIPMENTS; DAMAGED SHIPMENT; MISSING PRODUCT; DELIVERY; TITLE AND RISK OF LOSS
(a) Orders may take up to five (5) business days to process before shipment. You will pay all shipping and handling charges specified in the Order. Orders are shipped Mondays through Friday during normal business hours.
(b) Orders will be shipped either by UPS or FedEx for trial units, gallon units, and five (5)-gallon units.
(c) Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. If you encounter a shipping error or delay, call UPS toll-free at (800) 742-5877 or FedEx at (800) 988-1888 and have your tracking number available so that UPS or FedEx can assist you.
(d) If you receive a product that was damaged in transit, call Smooth-On customer care toll-free at (800) 762-0744 immediately for service (8:30 am – 5:30 pm EST, M – F).
(e) If you receive an order that has a missing item, a claim must be reported to Smooth-On customer service within 5 business days of receipt of your shipment. Call Smooth-On customer care toll-free at (800)762-0744 immediately for service (8:30am – 5:30pm EST, M – F)
(f) For undelivered orders, a claim must be reported to Smooth-On customer service within 7 business days of receipt of your tracking number. Call Smooth-On customer care toll-free at (800)762-0744 immediately for service (8:30am – 5:30pm EST, M – F)
5. RETURNS AND REFUNDS
(a) Except for any products designated on the Site as non-returnable, or for products purchased from another distributor, we may accept the return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return:
(i) is made within thirty (30) calendar days from the Order date; and
(ii) the products are not opened and are in original packaging.
(b) All returns and refunds must receive our prior authorization. To receive our authorization, you must locate the six (6) digit lot number(s) for the product, for both the Part A and Part B containers (if applicable) and call us at (610) 252-5800 (8:30 am – 5:30 pm EST, M – F) to request return authorization. Based on the lot numbers you provide, a date of manufacture will be determined. If we determine that the products are suitable to return, a Return Merchandise Authorization (”RMA”) number will be issued to you. No returns of any type will be accepted without an RMA number.
(c) Upon your receipt of the RMA, send the returned-products FREIGHT PREPAID to:
5600 Lower Macungie Road
Macungie, PA 18062
(d) You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. All returns are subject to a twenty percent (20%) restocking fee. Your refund will be credited back to the same payment method used to make the original purchase on the Site.
6. LIMITED WARRANTY
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
(a) What this Warranty Covers.
We warrant that during the shelf life of the products, the products purchased from this Site will conform to the specifications pursuant to products’ technical bulletins. The shelf life of our products can be found at the following link: https://www.smooth-on.com/page/materials-shelf-life-warranty/
If you fail to notify us of any non-conformance within thirty (30) calendar days of your Order, you shall be deemed to have accepted all such products subject to this warranty obligation. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR DISTRIBUTORS, AGENTS, OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
SMOOTH-ON MAKES NO OTHER WARRANTIES, EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. You acknowledge that you are not relying upon Smooth-On’s skill or judgment to select or furnish products or goods suitable for any particular purpose or upon any affirmations of fact or promises of Smooth-On which extend beyond the product specifications provided in the technical bulletins. Accordingly, except as otherwise expressly provided for herein, you agree and acknowledge that you are accepting our products on an “as-is” and “with all faults” basis.
(b) Who May Use This Warranty
This limited warranty extends only to the original purchaser of products from the Site. It does not extend to any subsequent or other owner or transferee of the products.
(c) What This Warranty Does Not Cover
We shall have no warranty obligation if the products become defective in whole or in part as the result of: (i) the transportation of the products; (ii) alterations or modifications to the products not made by us; (iii) improper product use or storage; (iv) your misapplication of the products or failure to follow the instructions provided in the technical bulletins; (v) normal wear and tear; or (vi) use of the products beyond the products’ shelf life.
(d) Your Remedies Under This Warranty
With respect to any defective products, we will, in our sole discretion, either: (i) repair or replace such products (or the defective part) free of charge; or (ii) refund the purchase price of such products. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective products.
The remedies described above are your sole and exclusive remedies and our entire obligation and liability for any breach of this limited warranty. Our liability will under no circumstances exceed the actual amount paid by you for the defective product or service that you have purchased through the site, nor will we under any circumstances be liable for any loss of production, work, data, use, business, goodwill, reputation, revenue or profit, any diminution in value, costs of replacement products, or any consequential, incidental, special or punitive damages or losses, whether direct or indirect.
(f) How Do You Obtain Warranty Service?
You can contact Smooth-On either our Technical Support Group through the following link: https://www.smooth-on.com/support/ticket/add/agree/ or by telephone at (800) 391-1733. Please be prepared to provide the name of the product, the size container, when you purchased it, where you purchased it and the lot numbers provided on the product labels or outside of the box indicating "Lot #".
For more information about our Product Quality and Performance, please visit: https://www.smooth-on.com/page/product-quality/.
7. COMPLIANCE WITH LAW
You agree that your purchase and use of our Products will comply with all applicable federal, state, and local laws and regulations, including but not limited to all copyright laws and laws and/or regulations governing the exportation of any products purchased from this site including the payment of any taxes and/or duties due thereon.
8. INTELLECTUAL PROPERTY USE AND OWNERSHIP
You acknowledge and agree that:
(a) Smooth-On is and will remain the sole and exclusive owners of all intellectual property rights in and to each product and service made available on this Site and any related specifications, instructions, documentation or other materials made available on this Site, including, but not limited to, all related copyrights, trademarks, patents and other intellectual property rights. You do not and will not have or acquire any ownership, license, right or interest in any these intellectual property rights in or to the products or services made available through this Site, or of any intellectual property rights relating to those products or services.
(b) You expressly agree not to copy or reverse engineer any products sold on this Site nor cause, induce or permit others to do so.
You hereby covenant to protect, defend, indemnify and hold harmless Smooth-On, including all parent companies, affiliates, subsidiaries, associates, directors, officers, employees, agents, successors and assigns, from and against and from any and all losses or damages (including without limitation attorneys’ fees), claims, allegations, lawsuits, actions, proceedings or investigations, which are made or brought against Smooth-On (or other person indemnified hereunder) by any person, government, or entity arising out of or in any way related to (a) any purported death or injury to any person or purported damage to any property that resulted or is alleged to have resulted from the negligence or willful misconduct of you, your employees, subcontractors, and agents, in the performance of your obligations hereunder, or from your use of the products sold hereunder; (b) in connection with any drawings, schematics, promotional or advertising matter, guarantees, warranties, labels, or instructions furnished by you or submitted to Smooth-On by you; (c) out of any infringement of any patent, design, trade name, trademark, copyright, trade secret, or any other intellectual property right or entitlement of any third party due to your use of the products sold hereunder; or (d) out of any environmental, property or toxic tort claim, lawsuit, judgment, loss, civil penalty or action resulting from your use of the products sold hereunder.
10. DISPUTE RESOLUTION AND BINDING ARBITRATION
(a) YOU AND SMOOTH-ON AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(b) The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the applicable consumer or commercial arbitration rules (the “AAA Rules”) then in effect, except as modified by this Section 10. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
(c) The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
(d) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR SMOOTH-ON WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
(e) If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
12. FORCE MAJEURE
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
13. GOVERNING LAW AND JURISDICTION
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Pennsylvania or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the Commonwealth of Pennsylvania.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 14 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
15. NO WAIVERS
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Smooth-On.
16. NO THIRD-PARTY BENEFICIARIES
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
19. ENTIRE AGREEMENT
These Terms will be deemed the final and integrated agreement between you and us on the matters contained in these Terms. These contain the entire understanding between you and us with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements and understanding, inducements or conditions, express or implied, oral or written, among you and us with respect to your purchase of products from this Site.