BETTERBILT CHEMICAL COPYRIGHT NOTICE, PRIVACY AND OTHER POLICIES; LEGAL DISCLAIMERS; LICENSES; WARRANTIES WEBSITE DISCLAIMER
IN USING THIS WEB SITE, YOU AGREE THAT ITS INFORMATION AND SERVICES ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT WARRANTY, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) AND THAT YOU USE THIS SITE AT YOUR OWN RISK. THE INFORMATION MAY CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS. OUR SOLE AND ENTIRE MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION, FOR ANY REASON, AND USER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER DIRECTLY TO BETTERBILT CHEMICAL FOR THE INFORMATION RECEIVED (IF ANY). BETTERBILT CHEMICAL IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE) WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BETTERBILT CHEMICAL AND YOU. NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY, ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS, SUITABILITY OR APPLICABILITY OF THE INFORMATION TO A PARTICULAR SITUATION. By accessing any portion of the Betterbilt Chemical web site, you agree not to redistribute any of the information found therein. The services provided through links on this site are independent of Betterbilt Chemical and are for your convenience only. Betterbilt Chemical does not endorse or recommend the services of any particular company or service, nor is Betterbilt Chemical responsible for any services or goods provided by such companies. Betterbilt Chemical shall not be liable for any damages or costs arising out of or in any way connected with your use of any of the services or companies accessed through this web site. You further agree that Betterbilt Chemical and any parties involved in creating and delivering this site's contents have/has no liability for direct, indirect, incidental, punitive, or consequential damages with respect to the information, services, content, or advertisements contained on or otherwise accessed through this web site. BETTERBILT CHEMICAL WOULD NOT PROVIDE THIS SITE AND INFORMATION WITHOUT SUCH LIMITATIONS.
PRODUCT PERFORMANCE DISCLAIMER:
All Betterbilt Chemical coatings and other products are designed to function as stated in the Product Data sheets and in the web site description. Products may not perform as advertised if exposed to unique conditions or environments and therefore no Betterbilt Chemical coatings or other products contain a performance warranty unless authorized in writing by Betterbilt Chemical and signed by a member of the executive council. All products designed to be applied to or used with wood have no warranty what so ever.
BETTERBILT CHEMICAL, LICENSOR and/or authorized SUPPLIER warrants that (a) Betterbilt Chemical products will perform in accordance with the accompanying written literature. In the event applicable law imposes any implied warranties, the implied warranty period is limited to ninety (90) days from date of receipt. Some jurisdictions do not allow such limitations on duration of an implied warranty, so the above limitations may not apply to you. Coatings intended for and applied to wood substrates are sold without warranty. All products require before and after pictures of the intended substrate in order to have any rights under this warranty. Pictures must be submitted and signed for by the Document and Administration manager for validity.
Betterbilt Chemical and/or its authorized SUPPLIER'S entire liability and your exclusive remedy shall be at Betterbilt Chemical and/or authorized SUPPLIER'S replacement of the product that does not meet this Limited Warranty and which is returned to Betterbilt Chemical and/or authorized SUPPLIER with a copy of your receipt. This Limited Warranty is void if failure of the product has resulted from accident, abuse or misapplication. Any replacement product will be warranted for the remainder of the original warranty period. Betterbilt Chemical and/or authorized SUPPLIER reserve(s) the right to make changes, additions and improvements to the product(s) or documentation at any time without notice to any person or organization.
This Agreement and license is the entire agreement between Betterbilt Chemical and you and supersedes any other prior or contemporaneous understandings, promises, representations, descriptions, communications or advertising with respect to the product(s) or any related services and accompanying documentation. This Agreement does not limit any rights that Betterbilt Chemical may have under trade secret, copyright, patent, or other laws.
If any provision of the Agreement or license is held invalid or unenforceable under applicable law, then it is, to that extent, deemed omitted and the remaining provisions of the Agreement shall continue in full force and effect. NO OTHER WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BY BETTERBILT CHEMICAL AND/OR ITS AUTHORIZED SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE PRODUCT(S) AND ANY RELATED OR ACCOMPANYING WRITTEN MATERIALS. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
NO LIABILITY FOR DAMAGES:
IN NO EVENT SHALL BETTERBILT CHEMICAL AND/OR ITS AUTHORIZED SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE ITS PRODUCT(S), EVEN IF COMPANY AND/OR ITS AUTHORIZED SUPPLIERS HAVE/HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN ANY CASE, COMPANY'S AND/OR ITS AUTHORIZED SUPPLIER'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT(S). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
*Prices subject to change at any time without notice. All sales are final. There are no refunds, returns, exchanges, credits, etc. If Betterbilt Chemical does accept a product return the purchase is subject to a 20% of the total restocking fee. If the product(s) were purchased by credit card the dollars returned will be via a company check and is not credited back on the customers credit card. All financial deposits on products, materials, service, engineering, etc. will be held in trust for a maximum of six (6) months form date of invoice after such time all deposits will be forfeited by the customer. The customer is in acceptance of these terms and conditions and acknowledges that no legal recourse can be taken after this six (6) month period. Offers may be withdrawn or modified at any time without prior notice. We reserve the right to limit or refuse sales; service; etc. to anyone at any time without notice. Products are subject to availability. We reserve the right to substitute products of equal or greater value to anyone at any time without prior notice. We assume no liability or responsibility for any incompatibility, noncompliance, damages, etc.
FREIGHT SHIPPING PACKAGING PROCESSING HAZARDOUS GOODS SHIPPING:
At its sole discretion Betterbilt Chemical reserves the right to offer product refunds minus a 25% restocking fee. All other fees including freight to and from Betterbilt Chemical, taxes, customs, duties, HazMat, documentation preparation, packaging, SED, wire fee, international document processing fee, brokerage, processing, materials, handling, pallets, etc., are in addition to the quoted product price and are not refundable
HazMat (hazardous/dangerous goods) are assessed a fee by the carriers. Fees vary depending on volume, quantity and product purchased. Many HazMat goods are required to ship via Overnight Air/Next Day Air. HazMat and documentation/sticker/packaging fees are in addition to product and freight costs. Hazardous materials fees may be assessed and charged at any time.
Betterbilt Chemical will notify the customer of these charges upon their determination. Customer must pay these additional charges PRIOR to shipping of product. Customer is solely responsible for any/all customs, duties, taxes, brokerage fees, VAT, GST, HST, etc. Betterbilt Chemical reserves the right to choose the method of shipping used to deliver product. Certain products may not be allowed to be shipped to certain countries.
We will not provide your personal information to anyone without your authorization.
Betterbilt Chemical reserves the right to make periodic changes, enhancements, revisions and alterations of any kind to the product(s) and/or data sheets without prior notice to any person, institution or organization.