By making use of our services, and/or purchasing our products, or by manifesting your acceptance of all terms thereunder when completing and submitting the Order Form Invoice when it is presented to you to you, a binding contract has been formed. Specifically, you agree you have read and agree to these Terms and to consult them before making use of these products.
By using this Website or Services, you represent and warrant that you are of legal age of majority in the jurisdiction in which you reside in order to use this Website or Services and to form a binding contract with the Company for sale of these products, that you have reviewed all disclaimers, and possess the requisite skill to make use of products purchased, OR you assume the duty to retain a contractor of requisite skill to do so. If you do not meet all of these requirements, you must not access or use the Website or Services, or Purchase and make use of these products, if you are unwilling or unable to complete the project, or retain assistance, that is required by the project you undertake.
You warrant that you understand that laws may vary by state or municipality, and as such you are responsible for compliance with all laws, regulations, and rules for all activities undertaken in your use of Everlast Epoxy the Website, Services or Products. You further understand that you have assumed the duty and all risks inherent in following all published directions, or finding a suitable agent to carry out these instructions, regardless of whether a contractor is recommended by Everlast Epoxy, you understand that you are obligated to ensure that they possess the requisite skill to complete your specific project.
Product Information. While Everlast Epoxy uses commercially reasonable efforts to provide accurate information, the industries of which Everlast Epoxy is a part and the jurisdictions in which the company operates and the laws and regulations applicable to those industries and jurisdictions change frequently. Therefore, information contained on the Site may not be current or accurate. Because many factors go into the decision-making process of purchasing a given product and everyone’s particular circumstances and needs may differ, the Licensed Content is provided for informational purposes only. Everlast Epoxy cannot ensure or guarantee and does not warrant that your product selection will be accurate, meet your particular needs or requirements or that the recommendations, regulations or other information provided is complete, accurate or current for your specific needs. Each claim or statement about the effectiveness of Everlast Epoxy products and/or claims or statements comparing the effectiveness of Everlast Epoxy products to that of others is expressly limited to the country of applicability as referenced on the site and if no country is referred, the United States, unless otherwise stated on the Site.
Products and Pricing. All Everlast Epoxy products listed on the Website (“Products”), their contents, descriptions, and prices are each subject to change with due notice. After receiving a request for pricing information, Everlast Epoxy shall create an Order Form invoice, based on our current pricing policies at the time your request is submitted.
Reservation of Rights. We reserve the right, at any time, to make changes to products to improve quality, in accordance with component manufacturers, and our supply chain, our prices may be subject to seasonal fluctuations, accordingly we reserve the right to change prices between subsequent orders as may be necessary to ensure the quality of our Products. Additionally, we also reserve the right to suspend or discontinue the sale of any Product with or without notice.
Orders.
Once an Order Form invoice is presented to you, and you transmit it back to us,
with your name, delivery address, and affirmation that you accept these Terms, your order constitutes an
offer and shall not to be considered accepted until you transmit full payment and shipping information.
If we are unable to process your order for any reason, we will either not process payment, in the event
payment has processed we shall issue a credit to your payment account in the amount charged for the
cancelled portion.
Payment Terms. Everlast Epoxy standard payment terms are prepaid - Everlast Epoxy typically does not ship product prior to receiving full payment in advance. For Products ordered, you agree to pay the price agreed on the order form or the estimate for the product as of the time you submitted your order and applicable delivery fees. You will be solely responsible for payment of all sales taxes, fees, duties, and other governmental charges.
Shipping Policy. You have three shipping options.
Option 1 (Default option for USA customers): As a convenience to our customers we will provide you quote for Everlast Epoxy to select a shipping service provider, under terms you and conditions offered by our selected service provider. You agree and understand that Everlast Epoxy contracts with carriers to deliver our products. These carriers are not under our control. All delivery dates provided by Everlast Epoxy are estimates and include order processing and packing time. You will receive a confirmation email when your order has shipped.
Option 2 (Any and all customers may request this option): You may contract with any freight or parcel carrier you choose, or you may pick your order up at our facility. Upon request, we will provide you with the FOB address and the estimated weight and shipping class so you can make freight arraignments.
Option 3 (Default option for International customers): This is the option most international customers choose. As a convenience to our customers we will provide you quote for Everlast Epoxy to select a shipping service provider to ship your order to a freight forwarding location within the United States of your choosing, under terms you and conditions offered by our selected service provider. You agree and understand that Everlast Epoxy contracts with carriers to deliver our products. These carriers are not under our control. All delivery dates provided by Everlast Epoxy are estimates and include order processing and packing time. You will receive a confirmation email when your order has shipped. You are responsible for any customs clearance fees and taxes incurred.
Delivery Policy. We ask that you thoroughly inspect your delivery for any sign of damage before signing the carrier's freight bill. The delivery driver is usually required by the freight company to wait during your inspection. If there is damage, please note the damage on the carrier's delivery receipt and be as specific as possible. If you have the ability to photograph the transit damage please do so and email it to us. Damage must be reported to us within 48 hours of receipt in order for us to be able to file a claim with the freight carrier. We attached your packing slip to your materials, please check that to make sure that items did not get misplaced or damaged during transit to you. By notifying us quickly, this will enable us to immediately begin the replacement of the items. Everlast Epoxy will not be responsible for damaged or missing items after the delivery has been accepted, unless you or your agent notates the damage or missing items on the delivery drivers handbill or bill-of-laden.
Color Representations. The actual color of your floor is not likely to be identical to the representative floor colors on our website or printed color cards, flyers, or brochures that are provided by Everlast Epoxy or one of our dealers. This is because our floors are made from natural stones/dyed stones and/or colored, clear, or amber resins. These floor sample specimens are provided to display a representative color and texture. In addition to the variance from sample to actual floor color and texture, your installed floor will not necessarily have a consistent color or texture because our floors are installed individually by hand. Every floor is a unique work of art; no two floors will ever be identical.
Return Policy. If the Product arrives damaged or is not as described on your order form please consult our Delivery Policy above.
All Everlast Epoxy System's orders are final. We cannot accept returns. Accordingly, you are instructed to carefully consider your color selection, or coverage amount required by your particular project. Everlast Epoxy cannot accept return shipment of unused or unwanted products, this is a quality assurance policy to ensure that each product shipped is in premium condition and has not been exposed to climate or handling changes that may occur during shipping. Accepting returns would compromise the quality of our product. We take extra care to protect the quality of our materials to ensure the highest quality customer satisfaction. Restocking materials that have been returned to us would put our customers at risk of receiving an inferior product. As a customer of Everlast Epoxy Systems, you can rest assured that you are getting product directly from the manufacturer, and not a product that may have been exposed to adverse temperatures prior to arriving at our facility, or opened and allowed oxygen inside to displace the nitrogen and begin the process of ambering (when applicable), or opened and allowed moisture inside, or contaminated with foreign materials or has aged past it's shelf life. In addition, many of our aggregates and blends have corresponding die-lot and/or mine section codes. This assures that every order we ship contains the same die-lot of aggregates, pigments and dispersions. Allowing returns would compromise this quality control procedure we strictly adhere to and result in some customers receiving materials from various die-lots - or from various sections of mined aggregate - which would result in an additional inconsistent appearance of the final product. Most of all of our flooring systems are made to order. We don't just sell returned items. You can be assured you are receiving the highest quality materials of any flooring company when you purchase from us.
However, quality and customer satisfaction is our ultimate goal, any item that you receive that may have a defect in mixing, manufacture or handling that can be attributed to Everlast Epoxy, refunds or replacements may be issued. We request that you inspect products at the time of receipt and notify us of any issues within 7 days of receipt.
Everlast Epoxy reserves the right, at it's discretion to issue refunds or take other actions to ensure customer satisfaction beyond the 7 day period. In the event you believe an error or defect occurred, please contact us. Everlast Epoxy, in their sole discretion may decide what actions are appropriate under the given situation. If it is determined that any defect or deficiency was caused by shipping or prolonged storage of the products, Everlast Epoxy shall make efforts to remediate the issue to the best of their ability, but customer agrees and understands that Everlast Epoxy products are created in limited-run, custom batches.
Customer, and any contractor or third party involved in handling or application, shall assume responsibility for properly observing all published instructions, policies, and handling guidelines for optimal results.
Product Disclaimer / Safety. WARNING: THE PRODUCT CONSISTS OF CHEMICAL COMPOUNDS WHICH REQUIRES PROPER HANDLING, ADEQUATE VENTILATION, AND OBSERVANCE OF DOCUMENTED SAFETY INSTRUCTIONS AS ARE INDICATED ON THE PRODUCT PACKAGING, WHICH DIRECTS CUSTOMER TO INSTRUCTIONS, DISCLAIMERS, AND PRODUCT SAFETY INFORMATION ACCESSIBLE FROM THIS WEBSITE AND THROUGH THESE SERVICES. IF YOU, OR THE INSTALLER YOU HAVE SELECTED, OR ANYONE IN THE VICINITY OF THE PRODUCT ENCOUNTERS ANY ISSUES THAT YOU OR THEY BELIEVE TO BE A MEDICAL CONCERN, OR IF AN INJURY OCCURES IN THE VICINITY OF THE PRODUCT, YOU ASSUME THE OBLIGATION TO CONTACT YOUR LOCAL EMERGENCY MEDICAL RESPONDER IMMEDIATELY. YOU NEED TO PROVIDE THE MEDICAL PERSONAL ACCESS TO THE PRODUCT CONTAINERS AND ADVISE THEM TO CALL THE 24 HOUR MEDICAL EMERGENCY NUMBER BELOW FOR FURTHER INSTRUCTIONS.
CHEMICAL AND MEDICAL EMERGENCIES call 1-800-535-5053 OUTSIDE THE USA AND CANADA DIAL +1-352-323-3500
IN THE EVENT OF A SPILL YOU ASSUME THE OBLIGATION TO CONTACT YOUR LOCAL ENVIRONMENTAL EMERGENCY RESPONDER OR THE NATIONAL RESPONSE CENTER (OPERATED BY THE COAST GUARD) AT 1-800-424-8802 IMMEDIATELY.
IN ANY EVENT, EVERLAST EPOXY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, IN WHOLE OR IN PART, FOR ANY CLAIMS, LIABILITY, DAMAGES, LOSS OR COSTS ARISING FROM SUCH USE, UNDER ANY THEORY INCLUDING NEGLIGENCE. CUSTOMER ASSUMES RESPONSIBILITIES FOR SAFE AND APPROPRIATE USE OF THE PRODUCT, AND AGREES AND UNDERSTANDS THAT VARIANCES IN TEMPERATURE, HANDLING DURING SHIPPING, OR IMPROPER STORAGE, OR APPLICATION CONTRARY TO THE REQUIREMENTS OF YOUR PROJECT OR THE ENVIRONMENT, OR LOCAL CODES, LAWS, OR REGULATIONS IN THE STATE OR MUNICIPALITY IN WHICH YOU RESIDE, AND ASSUMES ALL RISKS.
Limited Warranty and Limitations of Remedies and Liability covering all Everlast Epoxy's products. Everlast Epoxy Systems, Inc., as a manufacturer of products, stands behind its products by warranting that, subject to the limitations below or a product-specific written warranty provided by Everlast Epoxy, for a period of 1 year from shipment, its products are in conformity with its published specifications, subject to standard tolerances for variations, except that color cannot be warranted as to uniformity of shade or conformity to samples. If Everlast Epoxy determines a product does not meet this warranty, it will replace it, refund the purchase price or give a credit to the purchaser, at its sole option, as Buyer’s sole remedy. Technical recommendations on use of Everlast Epoxy products can only be based on present experience and knowledge and reliability of data provided regarding a site. However, many factors beyond the control of Everlast Epoxy can affect the products. Thus, customers must satisfy themselves of suitability of the product for site conditions. Everlast Epoxy Systems, Inc. offers a 20 year limited warrantee to an installed Everlast® Floor which can be found at https://www.everlastepoxy.com/limited-warranty .
Everlast Epoxy provides a 1 year limited product warranty to our other 3 products - Décor Floor, Natural Stone and Outdoor Tough. Everlast Epoxy is not an installer and therefore does NOT warrant or guarantee: 1. The work of any person or company installing its products; 2. Failure of the product due to improper design by the engineer or architect; 3. Failure of the product due to misuse, abuse, alteration, improper storage or handling, or not using or cleaning the product in the manner in which it was intended and in accordance with instructions provided by Everlast Epoxy; 4. Bond failure of the product caused by deficiencies in the substrate including, but not limited to, the presence of ionic compounds or soluble salts, alkali silicate reaction, alkali aggregate reaction, shale-pop, and other expansive reactions of aggregates and reinforcements; Everlast Epoxy’s sole liability, and Customer’s exclusive remedy, for breach of any warranty as expressly limited, at Everlast Epoxy’s option, is to replace material at the original FOB point or refund of the purchase price. A written notice of a warranty claim must be given to Everlast Epoxy within sixty (60) days from when the issue was first noticed and no more than one (1) year after delivery of the flooring materials. Everlast Epoxy shall be allowed a reasonable opportunity to inspect the floor.
In no event may Customer recover damages from Everlast Epoxy for the installation services as Everlast Epoxy is not an installation service provider. Everlast Epoxy's liability is limited to the price paid by the Customer for the specific products as to which the claim is made. EVERLAST EPOXY SYSTEMS MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED. EVERLAST EPOXY SYSTEMS SHALL NOT BE LIABLE FOR, and CUSTOMER WAIVES ALL CLAIMS FOR, PROSPECTIVE PROFITS OR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OR REMEDIES NOT SPECIFICALLY PROVIDED ABOVE, WHETHER BASED ON NEGLIGENCE, BREACH OF WARRANTY, STRICT LIABILITY IN TORT OR ANY OTHER CAUSE OF ACTION OR ANY CLAIM ARISING AS A RESULT OF USE OR POSSESSION OF ANY products SUPPLIED. ALL WARRANTIES ARE NULL AND VOID IF CUSTOMER HAS NOT PAID IN FULL IN ACCORDANCE WITH EVERLAST EPOXY SYSTEMS INC’S PAYMENT TERMS. Everlast Epoxy Systems, Inc. will not be liable for, and the Customer shall defend, indemnify and hold harmless (including without limitation costs and attorney’s fees) Everlast Epoxy Systems, Inc. from, any loss, damage or injury to persons or property, or claim thereof, resulting from (A) Customer’s or any third party’s or end user’s handling, storage, transportation, resale, application or other use of the products, or in combination with other substances, or otherwise or (B) selection or recommendation by Everlast Epoxy Systems, Inc. of any applicator or other contractor. Any advice furnished by Everlast Epoxy, as to any use of the products by Buyer, is offered “as is” without warranty of any kind, is gratuitous and shall not affect the limitations on Everlast Epoxy's warranties or Buyer's agreement to indemnify. Buyer acknowledges that this Agreement is for the purchase of products, not services, and that Everlast Epoxy shall therefore have no liability to Buyer for any harm or loss caused by advice received by Buyer from any of Everlast Epoxy's agents or employees. If a claim is brought against Everlast Epoxy by an agent or employee of Buyer, Buyer agrees to defend, indemnify and hold Everlast Epoxy harmless from and against any and all liability, loss, damages, and expense relating to the claim.
Choice of Law. You agree that any issue or dispute arising out of or in connection with your use of our Site, intellectual property, the Terms of Sale, Terms of Access, the Privacy Policy, our Limited Warranty or any matter concerning Everlast Epoxy Systems, Inc. shall be governed by the laws of the United States and the State of Florida. You agree that any such issue or dispute shall be brought exclusively in the federal or state courts located in Columbia county Florida. If any provision of the Terms of Sale, Terms of Access, Limited Warranty or Privacy Policy is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Sale, Terms of Access, Limited Warranty or Privacy Policy, which shall remain in full force and effect. By using the Site, you agree to comply with all applicable laws and regulations, including export and re-export control laws and regulations of the United States. The material provided on the Site is protected by law including, but not limited to, United States copyright and trademark law and international treaties. Everlast Epoxy Systems, inc. makes no representation that materials contained in the Site are appropriate or available for use in other locations and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Site from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.
Non-conforming products. If Buyer provides Everlast Epoxy with notice within ten (10) days of learning of a possible warranty breach and reasonable opportunity to inspect: Everlast Epoxy may, at its option, either repair or replace said nonconforming products or repay the price thereof. If Everlast Epoxy requests the return of the nonconforming products, no obligation for breach of warranty shall arise unless the products have been returned to Everlast Epoxy within thirty (30) days after such request is made. Buyer’s failure to provide timely notice shall constitute a waiver of its claims. The aforesaid obligations of Everlast Epoxy to repair or replace defective or nonconforming products or repay the purchase price thereof is expressly agreed by the parties to be the limit of Everlast Epoxy's liability and Buyer's sole and exclusive remedy for warranty.
Force Majeure. Everlast Epoxy shall not be liable for any failure or delay in the performance of any obligation, due directly or indirectly to events beyond its reasonable control, including but not limited to, fire, storm, flood, earthquake, explosion, accident, acts of the public enemy, terrorism, wars, riots and public disorders, epidemics, sabotage, strikes, lockouts, labor disputes, labor shortages, work slowdowns, stoppages or delays, shortages, embargoes or failure or delay of energy, materials, decoration, art work, printing plates, supplies or equipment, transportation embargoes or delays, Acts of nature, breakdowns in machinery or equipment, acts or regulations or priorities of federal, state, provincial, or local governments or branches or agencies thereof, and government contracts or shipments to fulfill government contracts.