Terms of sale

Orders

1. The customer will have validated his order as an estimate and verified its details, including the total amount and shipping costs and shipping address, then will pay the invoice which will act as acceptance of the terms of the sale.
2. At the moment the client validates his order and the payment is verified, CimentArt will immediately issue an acknowledgment of receipt, sent by email. The contract will be understood, therefore, concluded once the payment of the client to CimentArt has been confirmed which is the only way to assure availability to customer of the product.

Availability of products

3.  All orders are subject to the availability of the products. In some cases (especially big projects) CimentArt will work with back-orders (must be paid by the customer to assure the availability). If the customer has placed the order and the product is not available and thus back-ordered, we will notify the customer immediately. The amount of the item charged and not shipped will be sent when received from the manufacturer in Spain or replaced by another of similar characteristics (at the customer’s choice) as soon as possible.

Right to refuse an order

4. CimentArt has the right to refuse an order in the following circumstances:
5. Lack of availability, as provided in the previous section,
6. When the security systems indicate that the order may be fraudulent,
7. When the customer is a minor.

Product prices

5. The price of the items is duly indicated by CimentArt in the estimates sent and will always be specified on the invoice. These prices will be valid at the time of the order and always will be updated to describe the current price at time of invoice.

Deliveries

8. The delivery of the items will be made during normal business hours at the address indicated by the customer when placing the order, upon confirmation of payment.
9. In case of not being available to receive a delivery, (and depending on the shipping company), the order will be returned to the warehouse or office of the shipping company, so that the customer can collect their order in person. Alternatively, the carrier may retry delivery of your order. We will do everything possible to ensure that your delivery is made in the shortest possible time. However, we will not be responsible for any loss or delay of your order for reasons beyond our control.
10. Under no circumstances are the transport companies obliged to deliver the products on elevated floors and / or to order the merchandise in places destined for storage. Deliveries will always be made at street level.
11. If at the time of delivery, the packaging is damaged, the customer must open the package in the presence of the carrier, to check the condition of the items. In case of damage to the items, the customer must detail them on the delivery note that the company remains once signed, whether physical or digital. Also take photos of damaged items. As the final customer and the receipt point you must start the claim process directly with the shipping company.

Environmental management general terms

12. Our packaging is 100% recyclable. The buyer is responsible for recycling the packaging in the places designated for it. Contribute to a green planet.

Terms and Conditions

These Terms and Conditions of Sale (this “Agreement”) govern the sale of coating systems and/or related products sold in the United States (the “Product(s)”) by CimentArt Florida Inc. (“Seller”) to the purchaser (“Buyer”). By accepting delivery of the Products, Buyer acknowledges that it has read, understands and agrees to be bound by this Agreement. If Buyer does not wish to be bound by this Agreement, Buyer must not accept delivery of the Products.

THIS AGREEMENT SHALL APPLY UNLESS BUYER HAS A SEPARATE WRITTEN PURCHASE AGREEMENT WITH SELLER THAT HAS BEEN SIGNED AND NOTARIZED BY AN AUTHORIZED OFFICER, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN TO THE EXTENT OF A CONFLICT.

1. ENTIRE AGREEMENT/MODIFICATIONS: This Agreement constitutes the entire agreement between the parties regarding the sale of the Products and supersedes all prior or contemporaneous agreements, communications, or understandings, whether written or oral. This Agreement may NOT be altered, supplemented, or amended except by written agreement signed by authorized representatives of both Seller and Buyer.
2. PAYMENT TERMS: All orders are subject to Seller’s acceptance. Terms of payment are determined in Seller’s sole discretion and payment must be received in full by Seller prior to Seller’s acceptance and shipment of an order, unless Seller expressly agrees otherwise in writing.  All prices are shown in the currency of Seller’s shipping location and are subject to change without notice. In addition to the quoted price, Buyer is solely responsible for all applicable sales, use, excise, value-added, customs, import/export duties, and other taxes, fees, or governmental charges of any kind. Seller is not responsible for pricing, typographical, or other errors in any offer by Seller and Seller reserves the right to cancel any orders resulting from such errors and refund Buyer for any amounts paid.

3. SHIPPING CHARGES/TITLE/RISK OF LOSS: Title to Products and risk of loss shall pass to Buyer upon shipment from Seller’s facility (FOB Seller’s facility), regardless of shipping terms or who arranges transportation. Buyer shall be responsible for any loss or damage that occurs during shipping. Buyer shall inspect all Products immediately upon delivery and must refuse delivery of any damaged or incomplete shipment. Failure to reject Products at the time of delivery shall constitute acceptance of the Products as conforming. Buyer must notify Seller of any rejection at the time of delivery by calling (727) 254-0739.
4. RETURN POLICY:  All sales are final.    CimentArt USA distributors spend so much time up front creating estimates and providing support needed to confirm the customers are certain about the product/texture, color and shine before placing the order and generate an invoice since sales are not refundable.  CimentArt provides the estimation of the materials based on the square footage and details provided by the customers so any change in their projects, renovations or constructions which can affect the quantities, or the type of product, are not CimentArt responsibility and under any circumstance cannot be filed a refund or credit.
5.  CimentArt is a company that distributes microcement and its derivatives. It is not a micro-cement application company, therefore, it cannot be held responsible, in any case, for total or partial refunds requested by the end customer or by the application company, for these application work not done by our Company.
6. CHEMICALS; SAFETY; REGULATORY COMPLIANCE: Buyer assumes full responsibility for the safe transportation, handling, storage, mixing, application, and disposal of all Products and agrees to comply with all applicable federal, state, and local laws, regulations, and safety standards.  Buyer acknowledges that improper handling or use of the Products may result in environmental contamination, fire, property damage, serious injury, or death. Buyer assumes all responsibility for educating and training its employees, agents, subcontractors, customers, and any other persons who may come into contact with the Products.  Seller makes no guarantees regarding results and assumes no liability for injuries, damages, penalties, or losses arising from use or storage of the Products, as conditions of use are beyond Seller’s control. Any technical advice or recommendations are provided without warranty.  Buyer is solely responsible for obtaining all required licenses, permits, and approvals and for lawful disposal of Products.

6. DECORATIVE COATING: CimentArt microcement is a decorative coating and is not a substitute for any primary waterproofing or structural layer. When properly installed in accordance with Seller’s technical specifications on a stable and secure substrate, the Product has been tested under applicable ASTM standards as a waterproof decorative coating. As with tile installations, appropriate sealants (e.g., silicone) must be used at all changes in plane or material. Consistent with Tile Council of North America (TCNA) standards, applications in areas subject to regular or continuous moisture exposure must ensure that water remains on the surface and does not penetrate beneath the coating system.
7. WARRANTIES; DISCLAIMER: EXCEPT AS EXPRESSLY STATED IN SELLER’S LIMITED WARRANTY AVAILABLE AT WWW.CIMENTARTUSA.COM/GUARANTEES/, SELLER MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SELLER SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING FROM THE FAILURE OF ANY PRODUCT TO BE SUITABLE FOR ANY PURPOSE WHATSOEVER.
8. LIMITATION OF LIABILITY: BUYER ASSUMES ALL RISK ASSOCIATED WITH THE USE OF THE PRODUCTS. SELLER’S SOLE OBLIGATION AND BUYER’S EXCLUSIVE REMEDY SHALL BE LIMITED TO REPLACEMENT OF DEFECTIVE PRODUCTS IF THE PRODUCT IS FOUND TO BE DEFECTIVE. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS, OR LOSS OF GOODWILL, REGARDLESS OF THE THEORY OF LIABILITY. BUYER IS RESPONSIBLE FOR HAVING THE REQUISITE KNOWLEDGE TO USE, APPLY, INSTALL AND STORE THE PRODUCTS. SELLER DOES NOT HONOR OR ACKNOWLEDGE ANY THIRD-PARTY WARRANTIES OF BUYER OR ANY INSTALLER.
9. BUYER’S REPRESENTATIONS AND INDEMNITY: Buyer represents and warrants to Seller that it shall comply with all federal, state and local laws, regulations, codes and ordinances applicable to Seller, Buyer, and/or the incidental services covered by this Agreement, including but not limited to any such laws relating to health and safety of any person; the environment; hazardous substances; labor and employment; immigration; disadvantaged business enterprises; and civil rights (“Laws”). Buyer shall indemnify, defend and hold harmless Seller, its employees, agents, successors, officers, directors, shareholders, managers, members and assigns from and against any and all suits, claims, demands, liabilities, losses, damages and/or expenses, including costs and fees of legal counsel and all other costs of defending any action, that the Seller may incur as a result of any act or failure to act by Buyer, its officers, agents or employees, successors or assignees, its customers, installers and all other third parties, whether direct or indirect, in connection with the possession or use of any Product sold by Seller or by reason of Buyer’s breach of any of its agreements contained herein, including without limitation any claims related to violation of any Laws, environmental contamination, or improper disposal.
10. MANDATORY MEDIATION: The Parties agree that any controversy, dispute or claim arising out of, relating to or involving this Agreement; or any breach, termination, interpretation or disagreement concerning the validity of the Agreement; or training and/or use of CimentArt Florida, Inc., including but not limited to any claim for personal injuries or wrongful death, and including but not limited to any claim for refund that cannot be promptly settled by direct communication shall first be submitted for resolution by mediation through a mediator to be agreed upon by the Parties. Each Party shall share equally in the costs of the mediation. A Party’s request for mediation must be in writing and must be submitted to the other Party within one hundred eighty (180) days following the event giving rise to the dispute. The mediation shall take place in Pinellas County, Florida, before a single mediator, with the specific location agreed to by the Parties. Failure to provide written notice within one hundred eighty (180) days of the event giving rise to the dispute, will be considered a waiver of the dispute.
11. ARBITRATION: If the best efforts of the Parties to mediate a resolution do not result in a settlement of their differences, then any remaining claim, dispute, or controversy shall be determined by binding, non-appealable arbitration. Except for in the event that the Parties mutually agree to written terms of arbitration, the arbitration shall take place in Clearwater, Florida before a single arbitrator agreed upon by the Parties. Unless otherwise mutually agreed upon by the Parties in writing, the Arbitration will proceed pursuant to the Regular Track Procedures as set forth in the Construction Industry Arbitration Rules and Mediation Procedures by the American Arbitration Association (“AAA Construction Procedures”). In the event of arbitration, the decision of the arbitrator shall be binding and conclusive on the Parties and each party WAIVES ITS RIGHT TO APPEAL.  This Agreement is intended to bind and benefit the Buyer, their respective successors, assigns, and affiliates. Judgment on any award may be entered in any court having jurisdiction.  Any demand for arbitration must be made within Ninety (90) days after a failed mediation as referred to in Paragraph 10. If no arbitration is demanded within Ninety (90) days of a failed mediation, then all rights to recover damages which might otherwise belong to the Buyer shall be barred without regard to the theory of recovery. Any such bar of recovery shall be binding upon each of the Buyer’s respective successors, assigns, and affiliates.
12. GOVERNING LAW, VENUE: These Terms will be governed by and interpreted in accordance with the laws of the State of Florida without giving effect to any choice or conflict of law provision. Any proceeding arising out of or relating to these Terms to enforce any judgment arising out of binding arbitration shall be brought exclusively in the state or federal courts located in Pinellas County, Florida, and the Parties hereby irrevocably consent to the personal jurisdiction and venue of such courts.
13. ASSIGNMENT: Neither Party will assign, transfer or subcontract its rights or duties under this engagement, without the other Party’s prior written consent. The Parties’ rights and obligations hereunder will be binding upon and inure to the benefit of their respective personal representatives, heirs, successors, and assigns.
14. NO THIRD-PARTY BENEFICIARIES. These Terms are for the sole benefit of the Parties. No employee, contractor, customer, governmental entity, or other third party shall be deemed a beneficiary of these Terms or entitled to rely upon Seller’s products or services.
15. NO WAIVER. The failure of either Party to exercise any option permitted or insist upon strict performance of any term herein, will not be construed as a waiver of the right to assert or rely upon any such term or option on any future occasion.
16. SEVERABILITY. If any term herein is found to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability will not affect any other term and the remaining terms will be construed as if the invalid, illegal, or unenforceable provision had never been set forth herein.