1.YOUR RIGHTS AND OBLIGATIONS
(a)THIS DOCUMENT CONTAINS VERY IMPORTANT
INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL
AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY
TO YOU. PLEASE READ IT CAREFULLY.
(b)THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN
INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS
OR CLASS ACTIONS.
(c)BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM
THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND
CONDITIONS.
(d)YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES
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 EPOXY DEPOT OR (C) ARE
PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF
THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
(e) These terms and conditions (these “Terms“) apply to the purchase and sale
of products and services through epoxydepotusa.com (the “Site“). These Terms are subject
to change by Epoxy Depot (referred to as “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 purchasing
any product or services that are available through 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.
(f) These Terms are an integral part of the Website Terms of Use that apply
generally to the use of our Site. You should also carefully review our Privacy Policy before
placing an order for products or services through this Site (see Section 9).
2. Order Acceptance and Cancellation. You agree that your order is an offer to buy,
under these Terms, all products and services listed in your order. All orders must be accepted by
us or we will not be obligated to sell the products or services to you. We may choose not to accept
any orders in our sole discretion. After having received your order, we will send you a confirmation
email with your order number and details of the items you have ordered. Acceptance of your order
and the formation of the contract of sale between Epoxy Depot and you will not take place unless
and until you have received your order confirmation email. You have the option to cancel your
order at any time before we have sent your order confirmation email by visiting
www.epoxydepotusa.com or calling our Customer Service Department at 855-723-7699.3. Prices and Payment Terms.
(a) All prices posted on this Site are subject to change without notice. The price
charged for a product or service 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. All such taxes and charges will be added to your merchandise total and will
be itemized in your shopping cart and in your order confirmation email. 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) Terms of payment are within our sole discretion and payment must be
received by us before our acceptance of an order. We accept Visa, Discover, American
Express, and Mastercard for all purchases. 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; Delivery; Title and Risk of Loss.
(a) We will arrange for shipment of the products to you. Please check the
individual product page for specific delivery options. You will pay all shipping and
handling charges specified during the ordering process.
(b) Title and risk of loss pass to you upon our transfer of the products to the
carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed.
We are not liable for any delays in shipments.
5. Returns and Refunds. Except for any products designated on the Site as non-
returnable, we will accept a return of the products for a refund of your purchase price, less the
original shipping and handling costs, provided such return is made within 30 days of delivery
and provided such products are returned in their original condition. To return products, you must
obtain a Return Merchandise Authorization (“RMA”) number from our Returns Department
www.epoxydepotusa.com or sending an email to returns@epoxydepotusa.com.No returns of any
type will be accepted without an RMA number.
You are responsible for all shipping and handling charges on returned items. You
bear the risk of loss during shipment. We therefore strongly recommend that you fully insure
your return shipment against loss or damage and that you use a carrier that can provide you with
proof of delivery for your protection. All returns are subject to a 10% restocking fee.
Refunds are processed within approximately 3-5 business days of our receipt of
your merchandise. Your refund will be credited back to the same payment method used to make
the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS
DESIGNATED ON THIS SITE AS NON-RETURNABLE.
6. LIMITED WARRANTY.
2THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU
MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
THIS LIMITED WARRANTY CAN ALSO BE FOUND AT
WWW.EPOXYDEPOTUSA.COM AND IN THE DOCUMENTATION WE PROVIDE
WITH THE PRODUCTS.
WE WARRANT THAT DURING THE WARRANTY PERIOD, THE
PRODUCTS PURCHASED FROM THE SITE WILL BE FREE FROM DEFECTS IN
MATERIALS AND WORKMANSHIP.
WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED
WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE
DURATION OF THIS LIMITED WARRANTY.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN
IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO
YOU.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO
REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY
STATEMENT. OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED
TO REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY
STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY
ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US
OR ANY OF OUR SUPPLIERS, AGENTS OR EMPLOYEES WILL CREATE A
WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS
LIMITED WARRANTY.
(a) Who May Use This Warranty?
This limited warranty extends only to the original purchaser of products and
services from the Site. It does not extend to any subsequent or other owner or transferee of
the product or any transferee or other beneficiary of the service.
(b) What Does This Warranty Cover?
This limited warranty covers during the Warranty Period (as defined below)
defects in materials and workmanship in products and services purchased from the Site.
(c) What Does This Warranty Not Cover?
This limited warranty does not cover any damages due to:
(i) transportation;
(ii) storage;
(iii) improper use;
3(iv) failure to follow the product instructions or to perform any
preventive maintenance;
(v) modifications;
(vi) combination or use with any products, materials, processes,
systems or other matter not provided or authorized in writing by Epoxy Depot;
(vii) unauthorized repair;
(viii) normal wear and tear; or
(ix) external causes such as accidents, abuse, or other actions or events
beyond our reasonable control.
(d) What Is the Period of Coverage?
This limited warranty starts on the date of your purchase and lasts for one
year the “Warranty Period“. The Warranty Period is not extended if we repair or replace
a warranted product. We may change the availability of this limited warranty at our
discretion, but any changes will not be retroactive.
(e) What Are Your Remedies Under This Warranty?
With respect to any defective products during the Warranty Period, 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.
(f) How Do You Obtain Warranty Service?
To obtain warranty service, you must visit www.epoxydepotusa.com or
email our Customer Service Department at returns@epoxydepotusa.com during the
Warranty Period to obtain an RMA number. No warranty service will be provided
without an RMA number.
(g) Limitation of Liability
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 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 GOODS OR SERVICES, OR ANY
4CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR
LOSSES, WHETHER DIRECT OR INDIRECT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
(h) What Can You Do in Case of a Dispute with Us?
The informal dispute resolution procedure detailed in Section 12 is available
to you if you believe that we have not performed our obligations under this limited warranty
or these Terms.
7. Goods Not for Resale or Export. You agree to comply with all applicable laws
and regulations of the various states and of the United States including all Export Regulations, as
defined below. You represent and warrant that you are buying products or services from the Site
for your own personal or household use only, and not for resale or export. Products and services
purchased from the Site may be controlled for export purposes by export regulations, including
but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of
Pub. L. No. 115-232), the Export Administration Regulations (15 C.F.R. 768-799) for which
ECRA is permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R.
120-128 and 130) and their successor and supplemental regulations (collectively, “Export
Regulations“).
8. Intellectual Property Use and Ownership. You acknowledge and agree that:
(a) All uses on this Site of the terms “sell,” “sale,” “resell,” “resale,” “purchase,”
“price” and the like mean the purchase or sale of a license. Each product and service
marketed on this Site is made available solely for license, not sale, to you and other
prospective customers under the terms, conditions, and restrictions of the license
agreement.
(b) You will comply with all terms and conditions of the specific license
agreement for any product or service you obtain through this Site, including, but not limited
to, all confidentiality obligations and restrictions on resale, use, reverse engineering,
copying, making, modifying, improving, sublicensing and transfer of those licensed
products and services.
(c) You will not cause, induce or permit others’ noncompliance with the terms
and conditions of any of these product and service license agreements.
(d) Epoxy Depot and its licensor(s) are and will remain the sole and exclusive
owners of all [intellectual property]rights in and to each product made available on this
Site and any related specifications, instructions, documentation or other materials,
including, but not limited to, all related copyrights, patents, and trademarks and other
intellectual property rights, subject only to the limited license granted under the product’s
or service’s license agreement. You do not and will not have or acquire any ownership of
these intellectual property rights in or to the products made available through this Site, or
of any intellectual property rights relating to those products.
59. Privacy. Our Privacy Policy governs the processing of all personal data collected
from you in connection with your purchase of products or services through the Site.
10. Force Majeure. Neither party shall be liable or responsible to the other party, nor
be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling
or performing any term of this Agreement (except for any of your obligations to make payments
to us hereunder), when and to the extent such failure or delay is caused by or results from acts
beyond the impacted party’s (“Impacted Party”) [reasonable] control, including, without limitation,
the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire,
earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist
threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or
blockades in effect on or after the date of this Agreement; and (f) national or regional emergency;
and (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; and (h)
telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space,
inadequate transportation services, or inability or delay in obtaining supplies of adequate or
suitable materials; and (i) other events beyond the reasonable control of the Impacted Party. The
Impacted Party shall give notice within 5 days of the Force Majeure Event to the other party,
stating the period of time the occurrence is expected to continue. The Impacted Party shall use
diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are
minimized. The Impacted Party shall resume the performance of its obligations as soon as
reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure
or delay remains uncured for a period of 10 consecutive days following written notice given by it
under this Section 10, the either party may thereafter terminate this Agreement upon 5 days’ written
notice.
11. 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.
12. Dispute Resolution and Binding Arbitration.
(a)YOU AND EPOXY DEPOT ARE AGREEING 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 OR SERVICES THROUGH THE
SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION.
6(b) The arbitration will be administered by the American Arbitration
Association (“AAA“) in accordance with the Consumer Arbitration Rules (the “AAA
Rules“) then in effect, except as modified by this Section 12. (The AAA Rules are available
at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will
govern the interpretation and enforcement of this section.
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.
(c) You agree to an arbitration on an individual basis. In any dispute,
NEITHER YOU NOR EPOXY DEPOT 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. The arbitral tribunal has no power to consider the enforceability of this class
arbitration waiver and any challenge to the class arbitration waiver may only be raised in a
court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the
unenforceable provision will be severed and the remaining arbitration terms will be
enforced.
13. Assignment. 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 13 is null and void. No assignment or delegation relieves
you of any of your obligations under these Terms.
14. 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 Epoxy Depot.
15. No Third-Party Beneficiaries. These Terms do not and are not intended to confer
any rights or remedies upon any person other than you.
16. Notices.
(a) To 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.
7(b) To Us. To give us notice under these Terms, you must contact by personal
delivery, overnight courier or registered or certified mail to Epoxy Depot, 235 West Penn
Ave., Cleona, PA 17042. We may update the address for notices to us by posting a notice
on the Site. Notices provided by personal delivery will be effective immediately. Notices
provided by overnight courier will be effective one business day after they are sent. Notices
provided by registered or certified mail will be effective three business days after they are
sent.
17. Severability. 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.
18. Entire Agreement. Our order confirmation, these Terms, the license agreement
relating to any product or service you obtain on or through this Site, our Website Terms of Use
and our Privacy Policy will be deemed the final and integrated agreement between you and us on
the matters contained in these Terms.
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