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Terms and Conditions

 
 

Shipping Information

Products normally ship via United Parcel Service (UPS) to destinations within the USA although other carriers may be used depending on the nature of the product(s) purchased.

There are a few considerations that the purchaser should be aware of with respect to waterborne products:

1. During the months starting November 1 and ending March 31 waterborne products will not be shipped on Friday.  This is a policy that reduces the chance of the product being exposed to freezing conditions.

2. During the months starting November 1 and ending March 31 waterborne products are shipped via Next Day UPS to reduce the chance of the product being exposed to freezing conditions.  Product pricing will be increased during that period of time to reflect and offset the expedited shipping cost increase.

We regret any inconvenience that this may present but we always want our valued customers to receive our products in the highest possible quality and these shipping methods are necessary during cold weather months.

Return Policy

FOR ANY VALID CLAIM PRESENTED UNDER THE LIMITED WARRANTY, SELLER WILL REPLACE THE PRODUCT, OR AT IT’S OPTION, REFUND THE PURCHASE PRICE.  THIS REPLACEMENT/REFUND REMEDY IS THE BUYER’S SOLE AND EXCLUSIVE REMEDY AGAINST SELLER.  THE BUYER AGREES THAT NO OTHER REMEDY (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST SALES, INJURY TO PERSON OR PROPERTY OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL LOSS) SHALL BE AVAILABLE TO BUYER FOR CLAIMS ARISING OUT OF ANY USE OF THE PRODUCT REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT OR OTHER).  IN NO EVENT WILL SELLER BE OBLIGATED TO PAY DAMAGES TO BUYER IN ANY AMOUNT EXCEEDING THE PRICE THAT BUYER PAID FOR THE PRODUCT.

WHAT TO DO UPON A VALID CLAIM (PLEASE REVIEW TERMS AND CONDITIONS Below):

1. Contact Van Technologies to obtain instructions to either dispose of the product or to obtain a Return Merchandise Authorization (RMA) number along with shipping information.

2. In the event that the product is to be returned, package the product in a manner equivalent to the packaging materials and construction provided upon receipt of the original shipment.  The returned product must not be received by Van Technologies in any condition that exhibits leakage of the contained liquid coating composition as this will invalidate the authorized return for refund or replacement.  Additionally, if the product is freeze/thaw sensitive, the packaging and shipping method must be protective in nature to prevent exposure to freeze/thaw conditions.

3. Ship the packaged product per the instructions provided by Van Technologies to the following address:

Van Technologies, Inc. – 5791 Bergquist Rd. – Duluth, MN 55804 – 218-525-9424

Terms & Conditions

1. DELAYS.  SELLER SHALL NOT BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN DELIVERY DUE TO FIRES, FLOODS, LABOR TROUBLES, BREAKDOWNS, DELAY OF CARRIERS, MILL DELAY, TOTAL OR PARTIAL FAILURE FOR ANY REASON OF THE USUAL SOURCES OF SUPPLY OR TRANSPORTATION, REQUIREMENTS OR REQUESTS OF ANY GOVERNMENT OR SUBDIVISION THEREOF, OR ANY SIMILAR CAUSE BEYOND THE SELLER’S CONTROL.  SELLER SHALL IN NO EVENT BE LIABLE FOR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY FAILURE OR DELAY IN DELIVERY WHETHER FROM CAUSES BEYOND SELLER’S CONTROL OR NOT.

2. PAYMENT AND CREDIT.  SHIPMENTS, DELIVERIES AND PERFORMANCE OF WORK SHALL AT ALL TIMES BE SUBJECT TO THE APPROVAL OF THE SELLER’S CREDIT DEPARTMENT.  INVOICES SUBMITTED BY SELLER UNDER THIS ORDER ARE PAYABLE AT PART IN LEGAL TENDER OF THE UNITED STATES OF AMERICA IN THE CITY DESIGNATED IN THE REMITTANCE ADDRESS, UPON THE PAYMENT TERMS AND IN THE AMOUNTS SET FORTH HEREON.  DISCOUNT IS APPLICABLE ONLY TO THE AMOUNT SHOWN ON THE FACE OF THE PROPOSAL AS “DISCOUNT AMOUNT”.  WHENEVER REASONABLE GROUNDS FOR INSECURITY SHOULD ARISE WITH RESPECT TO DUE PERFORMANCE BY THE BUYER, SELLER MAY DEMAND DIFFERENT TERMS OF PAYMENT FROM THOSE SPECIFIED ON THE FACE OF THIS PROPOSAL AND MAY DEMAND SATISFACTORY SECURITY FOR THE PERFORMANCE OF BUYER OBLIGATION.  ANY SUCH DEMAND SHALL BE IN WRITING AND SELLER MAY, UPON MAKING SUCH DEMAND, SUSPEND SHIPMENTS HEREUNDER, IF, WITHIN THE PERIOD STATED IN SUCH DEMAND.  IF BUYER FAILS OR REFUSES TO AGREE TO SUCH DIFFERENT TERMS OF PAYMENT, OR FAILS OR REFUSES TO GIVE ADEQUATE SECURITY FOR DUE PERFORMANCE, SELLER MAY AT ITS OPTION TREAT SUCH FAILURE OR REFUSAL AS A REPUDIATION OF A PORTION OF ORDER WHICH HAS NOT BEEN FULLY PERFORMED OR MAY RESUME SHIPMENTS UNDER RESERVATION OF POSSESSION OR OF A SECURITY INTEREST AND MAY DEMAND PAYMENT AGAINST TENDER OF DOCUMENTS OF TITLE.  AS LIQUIDATED DAMAGES AND NOT AS A PENALTY BUYER SHALL BE OBLIGATED TO PAY ON ALL ACCOUNTS NOT PAID ON THE DUE DATE THEREOF, THE LOWER OF (I) 1 1/2 % PER MONTH ON THE OUTSTANDING ACCOUNT BALANCE OR (II) THE HIGHEST RATE PERMITTED BY LAW.  BUYER AGREES THAT NOTWITHSTANDING ANY ENDORSEMENTS OR LEGEND APPEARING ON BUYER’S CHECKS, DRAFTS OR OTHER ORDERS FOR PAYMENT OF MONEY THEY DO NOT, SOLELY BECAUSE OF SUCH ENDORSEMENT OF LEGEND OR OTHERWISE, CONSTITUTE PAYMENT IN FULL OR SETTLEMENT OF THE ACCOUNT.  NO FAILURE OF THE SELLER TO EXERCISE ANY RIGHT ACCRUING FROM ANY DEFAULT OF THE BUYER SHALL IMPAIR SELLER’S RIGHT IN CASE OF ANY SUBSEQUENT DEFAULT OF THE BUYER.

 3. CHANGES.  ORDER OR SPECIFICATIONS MAY NOT BE CANCELED OR CHANGED EXCEPT UPON TERMS THAT WILL INDEMNIFY THE SELLER AGAINST ALL LOSS.  POSTPONEMENT OF DELIVERY AT BUYER’S REQUEST, IF FOR A PERIOD OF MORE THAN 30 DAYS, WILL NOT BE MADE WITHOUT SELLER’S APPROVAL FIRST BEING OBTAINED.  SELLER ASSUMES NO RESPONSIBILITY FOR ANY CHANGES IN SPECIFICATIONS UNLESS SUCH CHANGES ARE CONFIRMED IN WRITING BY SELLER.  ANY PRICE VARIATION RESULTING FROM SUCH CHANGES SHALL BECOME EFFECTIVE IMMEDIATELY UPON THE ACCEPTANCE OF SUCH CHANGES.

4. WARRANTY.  SELLER WARRANTS THAT, FOR A WARRANTY PERIOD OF ONE YEAR (OR THE PERIOD SPECIFIED ON THE APPLICABLE TECHNICAL DATA SHEET, WHICHEVER IS LESS) FROM THE DATE OF SHIPMENT TO THE INITIAL BUYER, THAT THIS PRODUCT WAS MANUFACTURED IN ACCORDANCE WITH SPECIFICATIONS IN EFFECT ON THE DATE OF MANUFACTURE.  THESE SPECIFICATIONS ARE AVAILABLE UPON REQUEST.  THIS WARRANTY DOES NOT COVER TEST DATA, OR ANY DEFECTS, DAMAGES, OR OTHER HARMS CAUSED TO ANY EXTENT OR IN ANY WAY BY FAILURE TO FOLLOW APPLICABLE INSTRUCTIONS, IF ANY, OR ABUSE OR MISUSE OF THE PRODUCT.

WARRANTIES DISCLAIMER.  THE WARRANTY STATED IN THE PARAGRAGH ABOVE IS IN PLACE OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED.  SELLER EXPRESSLY DISCLAIMS ANY OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE.  ALTHOUGH SELLER MAY HAVE SUGGESTED THE PRODUCT OR DEVELOPED THE PRODUCT AT THE BUYER’S REQUEST, IT IS THE BUYER’S RESPONSIBILITY TO TEST AND DETERMINE THE SUITABILITY OF THE PRODUCT FOR THE BUYER’S INTENDED USE AND PURPOSE, AND BUYER ASSUMES ALL RISK AND LIABILITY WHATSOEVER REGARDING SUCH SUITABILITY.

LIMITATIONS OF REMEDIES AND DAMAGES.  FOR ANY VALID CLAIM PRESENTED UNDER THE LIMITED WARRANTY, SELLER WILL REPLACE THE PRODUCT, OR AT IT’S OPTION, REFUND THE PURCHASE PRICE.  THIS REPLACEMENT/REFUND REMEDY IS THE BUYER’S SOLE AND EXCLUSIVE REMEDY AGAINST SELLER.  THE BUYER AGREES THAT NO OTHER REMEDY (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST SALES, INJURY TO PERSON OR PROPERTY OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL LOSS) SHALL BE AVAILABLE TO BUYER FOR CLAIMS ARISING OUT OF ANY USE OF THE PRODUCT REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT OR OTHER).  IN NO EVENT WILL SELLER BE OBLIGATED TO PAY DAMAGES TO BUYER IN ANY AMOUNT EXCEEDING THE PRICE THAT BUYER PAID FOR THE PRODUCT.

5. NO INDEMNITIES.  EXCEPT AS EXPRESSLY STATED HEREIN, IN NO EVENT WILL SELLER BE LIABLE TO INDEMNIFY OR TO HOLD BUYER HARMLESS AGAINST ANY FORM OF LIABILITY.

6. LIMITATIONS OF ACTIONS AND VENUE.  ANY CLAIM MADE OR ACTION COMMENCED BY BUYER UNDER SELLER’S LIMITED WARRANTY AS SET FORTH HERIN MUST BE BROUGHT WITHIN ONE YEAR FROM THE DATE OF SHIPMENT FROM SELLER TO THE BUYER.  BUYER AGREES THAT ALL DISPUTES ARISING FROM SELLER’S SALE OF PRODUCT TO BUYER SHALL BE BROUGHT, IF AT ALL, IN AND BEFORE A COURT OR ARBITRATOR LOCATED IN THE STATE OF MINNESOTA, TO THE EXCLUSION OF THE COURTS OR ARBITRATORS IN ANY OTHER STATE.

7. ARBITRATION.  BUYER AGREES THAT ANY CLAIM OF LESS THAN $100,000 SHALL BE SUBMITTED FOR BINDING ARBITRATION BEFORE A SINGLE ARBITRATOR AND SHALL BE GOVERNED BY THE RULES AND PROCEDURES OF THE AMERICAN ARBITRATION ASSOCIATION.  THE ARBITRATION FEES OF THE ARBITRATOR AND THE AMERICAN ARBITRATION ASSOCIATION SHALL BE PAID BY THE BUYER.

8. CONDITIONAL ACCEPTANCE.  SELLER’S ACCEPTANCE OF PURCHASER’S ORDER FOR THIS PRODUCT IS EXPRESSLY CONDITIONS ON BUYER’S ASSENT TO THE TERMS AND CONDITIONS SET FORTH HERIN.

9. CLAIMS.  ANY COURSE OF DEALINGS BETWEEN THE PARTIES TO THE CONTRARY NOTWITHSTANDING, AT SELLER’S ELECTION ANY CLAIM FOR BREACH OF WARRANTY, FAILURE OR DELAY IN DELIVERY OR OTHERWISE, SHALL BE DEEMED WAIVED BY THE BUYER UNLESS PRESENTED IN WRITING TO THE SELLER WITHIN THIRTY DAYS AFTER RECEIPT OF MATERIAL.  NO INSPECTION OR INVESTIGATION OF CLAIMS BY THE SELLER EVEN THOUGH OCCURRING AFTER THE PERIOD ABOVE SPECIFIED, SHALL BE DEEMED A WAIVER OF THIS PROVISION.  CARRIERS ARE RESPONSIBLE FOR GOODS LOST OR DAMAGED IN TRANSIT AND BUYER MUST IMMEDIATELY NOTIFY THE CARRIER IN WRITING OF SUCH LOSS OR DAMAGE.

10. TAXES.  ALL TAXES OF ANY SORT NOW OR HEREAFTER IMPOSED BY ANY FEDERAL, STATE, MUNICIPAL OR OTHER GOVERNMENTAL AGENCY THAT MAY BE LEVIED AGAINST THIS TRANSACTION AT ANY TIME OR IN THE FUTURE ARE FOR THE BUYER’S ACCOUNT.

11. SOURCE OF MATERIALS.  UNLESS OTHERWISE EXPRESSLY AGREED UPON, THE SELLER HAS THE RIGHT TO OBTAIN THE MATERIAL ORDERED FROM ANY SUITABLE SOURCE AT ITS DISCRETION.

12. PATENTS.  IF ANY MATERIAL SHALL BE SOLD BY SELLER TO MET BUYER’S SPECIFICATIONS OR REQUIREMENTS AND IS NOT A PART OF SELLER’S STANDARD LINE OFFERED BY IT TO THE TRADE GENERALLY IN THE USUAL COURSE OF SELLER’S BUSINESS,  BUYER AGREES TO DEFEND, PROTECT AND SAVE HARMLESS SELLER AGAINST ANY SUITS AT LAW OR IN EQUITY AND FROM ALL DAMAGE, CLAIMS AND DEMANDS FOR ACTUAL OR ALLEGED INFRINGEMENT OF ANY UNITED STATES OR FOREIGN PATENT AND TO DEFEND ANY SUITS OR ACTION WHICH MAY BE BROUGHT AGAINST SELLER FOR ANY ALLEGED INFRINGEMENT BECAUSE OF THE SALE OF ANY SUCH MATERIAL.

13.   WAIVERS.  NO WAIVERS BY THE SELLER OF ANY BREACH OF ANY PROVISIONS HEREOF SHALL CONSTITUTE A WAIVER OF ANY OTHER BREACH OF ANY SUCH PROVISION.  SELLER’S FAILURE TO OBJECT TO PROVISIONS CONTAINED IN ANY COMMUNICATION FROM THE BUYER SHALL NOT BE DEEMED AN ACCEPTANCE OF SUCH PROVISIONS OR AS A WAIVER OF THE PROVISIONS OF THIS CONTRACT.