Sales Terms & Conditions

​

By placing an order with InduraFloor, Inc. (hereinafter referred to as "InduraFloor" or "Seller"), the party purchasing the goods ("Customer," "Buyer," or "Purchaser") agrees to the following Terms and Conditions ("Terms"). These Terms govern all sales of InduraFloor products unless otherwise agreed to in writing.

1. TERMS AND ACKNOWLEDGEMENT

References to "InduraFloor" or "Seller" herein refer to InduraFloor, Inc. Purchaser's order, any agreements between Purchaser and Seller, Seller's agreement to provide products ("Products"), and Purchaser's purchase of Products are subject to these Terms exclusively. Any additional or conflicting terms in Purchaser's forms or communications are rejected unless explicitly accepted in writing by Seller. These Terms supersede all prior agreements or communications unless otherwise agreed in writing.

2. MODIFICATIONS TO TERMS

Seller reserves the right to correct typographical errors in any documentation, including quotations, proposals, acknowledgments, and invoices. Seller may revise these Terms, and updated versions will be posted on www.InduraFloor.com. Revisions take effect immediately for all orders, agreements, and invoices accepted after the posting date.

3. GENERAL WARRANTY AND LIMITATIONS

(a) Limited Warranty: Products manufactured by InduraFloor are warranted to meet applicable industry standards, Seller’s published standards, or specifications as outlined in the agreement. Products must be stored and applied according to instructions and within the specified shelf life. If a Product fails to meet this warranty, Seller’s sole obligation is, at its discretion, to replace the defective Product or refund the purchase price.

• Only unopened Products in their original condition are eligible for returns.

• Warranty claims must be made within the warranty period, with documentation and batch numbers provided.

(b) Disclaimer of Warranties: Except as stated above, Seller disclaims all warranties, express or implied, including warranties of merchantability or fitness for a particular purpose.

(c) Limitation of Liability: Seller’s liability is limited to the purchase price of the defective Product. Seller is not liable for indirect, consequential, or incidental damages, including lost profits or economic loss, arising from the use or inability to use the Product.

(d) Third-Party Products: Products not manufactured by Seller are sold "AS IS, WITH ALL FAULTS," with no warranty except as provided by the manufacturer, if transferable.

4. EXCLUSIONS AND LIMITATIONS

No warranty applies to:

• Products used improperly, stored incorrectly, or modified without authorization.

• Claims arising from factors outside Seller’s control, such as environmental conditions or misuse by third parties.

5. PRODUCT DRYING AND CURING TIMES

(a) Variability Disclaimer: Drying and curing times for InduraFloor products are influenced by environmental factors such as temperature, humidity, ventilation, and substrate conditions, which are beyond InduraFloor's control.

(b) Limitation of Liability: InduraFloor makes no guarantees regarding specific drying or curing times and will not be held liable for delays or project disruptions caused by such variations.

(c) Refund Policy: Refund requests based solely on drying or curing time concerns will be evaluated individually. These variations are not considered product defects or failures.

6. RETURNS

Returns require prior written approval from Seller and must include a return authorization. Unauthorized returns will be rejected. Returns may be subject to restocking fees. Freight costs for returns are the responsibility of the Purchaser unless the return is due to Seller’s error.

7. SHIPPING AND DELIVERY

Products will be packed and shipped according to standard practices unless otherwise specified by Purchaser in advance. Shipping times are estimates and not binding unless expressly agreed upon in writing. Seller is not liable for delays beyond its control.

8. PAYMENT TERMS AND LATE CHARGES

Payment terms are specified on the invoice. Unless otherwise agreed in writing, full payment is required before shipment. Late payments may incur interest at 2% per week or the maximum rate allowed by law, whichever is lower. Purchaser agrees to pay all collection costs, including attorney fees.

9. TITLE AND RISK OF LOSS

Title to the Products passes to Purchaser upon delivery. Risk of loss transfers upon delivery to the carrier, except when Seller uses its own vehicles.

10. FORCE MAJEURE

Seller is not liable for delays or failure to perform due to causes beyond its reasonable control, including natural disasters, labor disruptions, or governmental actions. Seller will notify Purchaser of delays and may extend delivery times or cancel orders without liability.

11. INDEMNIFICATION

Purchaser agrees to indemnify and hold Seller harmless from all claims, liabilities, damages, or expenses arising from the use, handling, or resale of Products, except to the extent caused by Seller’s negligence.

12. GOVERNING LAW

These Terms are governed by the laws of the State of California, excluding its conflict-of-law provisions.