These Terms and Conditions (“Agreement”) apply to the purchaser (“Buyer”) of products (“Product” or “Products”) sold through the GracoRoberts (“GracoRoberts”) in the United States. By purchasing Product from GracoRoberts by ways, including but not limited to, e-mail, mail, or website, the Buyer agrees to the terms below. If Buyer is accepting these terms on behalf of another person or company or other legal entity, Buyer represents and warrants that Buyer has full authority to bind that person, company, or legal entity to these terms. If Buyer does not wish to be bound by this agreement, Buyer must promptly notify GracoRoberts and return Buyer’s purchase pursuant to GracoRoberts’ return policy as set forth below.
A $250 minimum purchase order value applies per order. On-line orders placed on the GracoRoberts website have a $150 minimum purchase order value.
Hazardous material shipped Next Day Air is subject to an additional $35 charge per shipment in addition to $15 packaging fee per box and any applicable freight costs. Certifications and Test Reports may require additional fees.
If purchasing on the GracoRoberts website, the Buyer shall be deemed to have made an unqualified acceptance of this Agreement by clicking the checkbox reading “I have read and agree to the Terms and Conditions” on the final checkout page of the shopping cart on the website. GracoRoberts is deemed to have made an acceptance of an order upon shipment of Products.
Stocked materials quoted are subject to prior sale. All delivery dates are approximate and are subject to change due to material availability from the manufacturer. Delivery dates given by GracoRoberts are based on prompt receipt of all necessary information regarding the order. GracoRoberts will use reasonable efforts to meet such delivery dates but does not guarantee to meet such dates. Failure by GracoRoberts to meet any delivery date does not constitute a cause for cancellation and/or for damages of any kind. GracoRoberts will use all reasonable efforts to ship Product by the promised ship date. Buyer’s orders or mutually agreed change orders shall be subject to all provisions of this Agreement, whether or not the order or change orders so states.
Buyer shall pay all taxes (including sales tax) unless buyer provides GracoRoberts with a valid and correct tax exemption certificate applicable to the purchase of Product and the Product ship-to location.
(a) Products in Original Packaging and not Manufactured by GracoRoberts: If Buyer is purchasing Products in their original packaging which were not manufactured by GracoRoberts, the only product warranty available to Buyer as to the Products shall be the manufacturer’s warranty which may apply. GracoRoberts makes no independent warranties. No additional warranty is valid, either expressed or implied by GracoRoberts or any representative thereof, beyond that which is set forth by the manufacturer. GracoRoberts warrants that the Product supplied is within manufacturer shelf-life and is in usable condition when shipped from the GracoRoberts location. GracoRoberts does not adopt, guarantee or represent that the manufacturer will comply with any of the terms of the warranty of such manufacturer.
(b) Products Repackaged: If Buyer is purchasing Products repackaged by GracoRoberts, causing the original manufacturer’s seal to be broken, GracoRoberts warrants to original user only that the Products will be free from material defects in materials and workmanship attributable to the repackaging process under normal use and service for the shelf life of the Product as described in the technical data sheet.
(c) Products Manufactured, Blended or Reformulated by GracoRoberts: GracoRoberts warrants that the product meets the defined attributes of the technical data sheet and passed testing requirements identified by the product specifications. Customized products are designed with intended purposes, but the Buyer takes full responsibility for product warranty once the product has been installed or applied. The time period for warranty (“Warranty Period”) may vary depending on the product configuration and storage conditions, but in no event longer than one (1) year from the date of GracoRoberts’ delivery of such Product.
(d) As a manufacturer and repackager of specialty chemicals, GracoRoberts reserves the right to adjust the order quantity in order to match the yield quantity of its finished goods within a tolerance of +/-5%.
(e) Limitations and Remedies. There is no warranty in cases of damage in transit, negligence, abuse, abnormal usage, misuse, accidents, normal wear and tear, damage due to environmental or natural elements, failure to follow GracoRoberts’ instructions or improper installation, storage or maintenance. GracoRoberts shall only repair or replace, at its option, any covered repackaged Products proved to GracoRoberts’ satisfaction to have a Defect (as defined below) within the Warranty Period. Such warranty shall be available only if: (i) GracoRoberts is notified in writing within ten (10) days after discovery of an alleged Defect (but in no event later than ten (10) days from the shipping date); (ii) the Defect has not been caused by Buyer’s misuse, neglect or alteration or by physical environment; and (iii) the manufacturer’s shelf life of the Product (as indicated on the Product’s packaging) has not expired when the alleged Defect is discovered.
GracoRoberts’ sole obligation and Buyer’s exclusive remedy hereunder shall be limited to replacement or repair of defective repackaged products. Notice of any warranty claim or request for warranty service should be sent to GracoRoberts at the following address: GracoRoberts, 3200 Avenue E East, Arlington, TX 76011, Attention: Customer Service. Any assistance GracoRoberts provides to or procures for Buyer outside the terms, limitations or exclusions of this warranty will not constitute a waiver of the terms, limitations or exclusions of this limited warranty, nor will such assistance extend or revive the warranty. GracoRoberts will not reimburse Buyer for any expenses incurred by Buyer in repairing, correcting or replacing any defective Products, except for those incurred with GracoRoberts’ prior written permission. This warranty gives Buyer specific legal rights, and Buyer may also have other rights which vary from state to state.
Any oral or written description of the Products is for the sole purpose of identifying the Products and shall not be construed as an express warranty. Prior to using or permitting use of the Products, Buyer shall determine the suitability of the Products for the intended use and Buyer shall assume all risk and liability whatsoever in connection therewith. Buyer agrees that GracoRoberts has no post-sale duty to warn Buyer or any other party about any matter or, if such duty exists, GracoRoberts satisfies that duty by providing any required warnings only to Buyer. Buyer assumes all post-sale duty to warn its customers and indemnifies GracoRoberts against any Damages in connection with such duty or failure to warn. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to Buyer.
If the Buyer fails to follow the return or exchange instructions and policies provided by GracoRoberts, GracoRoberts is not responsible whatsoever for Product that is lost, damaged, modified or otherwise processed for disposal or resale. For the purposes of this Agreement, “Defect” means a material defect in the Product that otherwise renders the Product unusable for normal use and service per its technical data sheet, and specifically excludes damage to the Product container or other damage that does not affect such normal use of the Product. Buyer’s failure to make such claim as set forth in Section 7 above shall constitute Buyer’s irrevocable acceptance of the Products and Buyer’s acknowledgement that the Products fully comply with the terms and conditions of this agreement. At GracoRoberts’ discretion, credit for partial returns may be less than invoice or individual component prices due to bundled or promotional pricing. Product returned to GracoRoberts may be subject to a restocking charge up to 50% plus the costs of freight, packaging, insurance and any import or export costs.
(a) Security – GracoRoberts has taken steps to safeguard the integrity of its data and prevent unauthorized access. These measures are designed to prevent corruption of data, block unknown or unauthorized access to GracoRoberts’ systems and information, and provide reasonable protection of private information in GracoRoberts’ possession.
(b) Encryption – GracoRoberts collects personal information required for orders and quotes using Secure Socket Layers (SSL), an industry standard for secure website transactions. When Buyer visits Web resources protected by SSL, Buyer’s browser address (URL) changes from HTTP to HTTPS, and the browser may display a lock or key symbol on the task bar. If Buyer does not see one or more of these security indicators, any information Buyer submits could be intercepted. GracoRoberts’ SSL-protected applications use 128-bit encryption any time private or sensitive information is collected. The 128-bit encryption keys further secure GracoRoberts’ website and network against brute force attacks that might be directed at Buyer’s online transactions, including any private information Buyer may send to GracoRoberts.
If Buyer’s browser does not support 128-bit encryption, Buyer will not be able to connect to encrypted pages.