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PROGRESSIVE EPOXY POLYMERS, INC.

LEGAL NOTICES / DISCLAIMERS / WARNINGS PAGE

This document last updated 05/11/08

This document is subject to change in the future without notice. The most recent version shall govern all Product sales, even if you are/were a prior/exising customer.

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.. CLICK HERE TO GOOGLE SEARCH OUR ENTIRE WEB SITE FOR KEY TERMS/WORDS ..

I - WEB SITE TERMS AND CONDITIONS OF SERVICE
a) information, warranty limitation and changes
b) user feedback
c) linked sites disclaimer
d) copyright infringement
e) full and complete agreement regarding web site


II - INDEMNIFICATION


III - CREDIT CARD PURCHASES/PRIVACY


IV - PRODUCT WARRANTY


V - LEGAL JURISDICTION


VI - SUGGESTIONS AND OTHER APPLICATION DISCLAIMERS

a) suggestion disclaimer

b) underwater application disclaimer

c) temperature and chemical resistance disclaimer

d) air quality/volatile organic compound ("voc") disclaimer

e) boat hull (barrier) disclaimer

VII - HEALTH AND SAFETY WARNINGS


VIII- PRODUCT SHIPPING & RETURN POLICY

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I - WEB SITE TERMS AND CONDITIONS OF SERVICE

Please read these Terms and Conditions of Service carefully. This is an agreement between Progressive Epoxy Polymers, Inc. and the user and/or buyer ("you"). Your access to and use of this site is subject to the terms and conditions stated in this legal notice.
By accessing this web site or calling by telephone to obtain Progressive Epoxy Polymers, Inc.'s physical address, email address, or telephone number, or by placing orders under this web site, you acknowledge that you have read, understood and agreed to be bound by these Terms and Conditions of Service. If you do not agree with the Terms and Conditions of this agreement, please do not use this web site.

You are responsible for reviewing this web site for any modifications to these terms and conditions. Any access or use after changes to these terms and conditions will constitute acceptance of the revised terms and conditions. An important function of this agreement is to alert you that information provided on this site is not warranted or otherwise guaranteed. Thus please read the following carefully.



a) Information Warranty Limitation and Changes

Information on this web site may come from a variety of sources and includes information that is subject to change without notice. It may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Progressive Epoxy Polymers, Inc. may also make improvements and/or changes in the Products described in this information at any time without notice. Seller reserves the right to discontinue or change Product specifications and prices without prior notice. Inadvertent errors in advertised prices are not binding on Progressive Epoxy Polymers, Inc..

INFORMATION ON THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR APPLICATION, OR NON-INFRINGEMENT.



b) User Feedback

Any comments or materials sent to Progressive Epoxy Polymers, Inc. including feedback data, such as questions, comments, suggestions, or the like regarding the content of any such documents (collectively "Feedback"), shall be deemed to be non-confidential. Progressive Epoxy Polymers, Inc. shall have no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and/or distribute the Feedback to others without limitation. Further, Progressive Epoxy Polymers, Inc. shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and/or marketing Products incorporating such Feedback. Progressive Epoxy Polymers, Inc. may use information you provide in order for Progressive Epoxy Polymers, Inc. To send to you special offers that we feel may be of interest and use to you.


c) Linked Sites Disclaimer

Progressive Epoxy Polymers, Inc. makes no representations whatsoever about any other web site, which you may access through this one. When you access a non-Progressive Epoxy Polymers, Inc.'s web site, please understand that is is independent from Progressive Epoxy, Polymers Inc. and that Progressive Epoxy Polymers Inc. has no control over the content on that web site. In addition, a link to a non-Progressive Epoxy Polymer Inc. web site does not mean that Progressive Epoxy Polymers Inc. endorses or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. In no event will Progressive Epoxy Polymers Inc. be liable to any party for any direct, indirect, special or other consequential damages for any use of this website, or on any other hyperlinked web site, including, without limitation, any lost profits, business interruptions, loss of programs or other data on your information handling system or otherwise, even if we are expressly advised of the possibility of such damages.


d) Copyright Infringement

Progressive Epoxy Polymers, Inc,, respects the intellectual property interests of other parties. If you believe that your work appears on this web site in a way that constitutes copyright infringement, you may notify Progressive Epoxy Polymers, Inc, and provide the following information:

1) an electronic or physical signature of the person authorized to act on behave of the owner of the copyright interest;

2) a copy of the copyrighted work that you claim has been infringed, or a description of the copyrighted work, including the URL of the location where the copyrighted work exists;

3) identification of the URL or other specific location on the Progressive Epoxy Polymers, Inc, web site where the material that you claim is infringing is located;

4) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

5) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you hare the copyright owner or authorized to act on the copyright owner's behalf;

6) your address, telephone number, and email address.



e) Full and Complete Agreement Regarding Web Site

These terms and conditions represent the complete and exclusive statement of the agreement between you and Progressive Epoxy Polymers, Inc. regarding your rights to access and use the web site including the collection of information through this site, and supersedes all prior agreements and representations (whether written or oral), regarding this subject matter, expect as is otherwise provided herein. This agreement is in addition to, and does not nullify, any other agreement between you and Progressive Epoxy Polymers, Inc governing the conduct of your relationship with Progressive Epoxy Polymers, Inc. that has been signed by Progressive Epoxy Polymers, Inc.




II - INDEMNIFICATION

You hereby indemnify and hold harmless Progressive Epoxy Polymers, Inc and its directors, officers, employees, vendors and agents from and against any and all claims, actions, proceedings, losses, liabilities, damages, costs, suits, and expenses (including reasonable attorney's and experts' fees and costs) arising out of or in connection with information from, on, or linked to the Progressive Epoxy Polymers Inc.'s web site accessed by you (or on your behalf), and/or the use or misuse of the Product purchased by you (or on your behalf).




III - CREDIT CARD PURCHASES/PRIVACY


Information provided to Progressive Epoxy Polymers, Inc. for our purchase, including billing name, billing address, and telephone number, will not be shared or sold to anyone outside of Progressive Epoxy Polymer Inc. nor to any third party, except as required in arbitration and/or litigation. Payment information, credit card numbers and expiration dates, are treated confidentially and will not be shared with anyone except the financial institutions used to process payments.




IV - PRODUCT WARRANTY


You must not handle or use the Product until the Material Safety Data Sheet(s) and any applicable Progressive Epoxy Polymers, Inc. Technical Data Sheet(s) has been read and fully understood by you. All chemicals may present unknown health hazards and thus must be used with caution and by trained personnel, which is your sole responsibility. Any technical data or advice furnished by Progressive Epoxy Polymers, Inc. shall NOT constitute a warranty or condition, statutory or otherwise, which is expressly disclaimed. All such information is being given and accepted at your sole risk and subject to your own testing. Epoxies will naturally yellow, lose their gloss and chalk slightly when exposed to sunlight (UV rays) and thus the absence of such characteristic is not warranted.

Progressive Epoxy Polymers, Inc. warrants, subject to Progressive Epoxy Polymers, Inc.'s receipt of full proper payment, that the Product shall meet Progressive Epoxy Polymers, Inc.'s standard specifications in effect at the time the Product is delivered. However, you assume sole responsibility for the proper selection, surface preparation for, application, maintenance and storage of the Product purchased from Progressive Epoxy Polymers, Inc. [FOR EXAMPLE: Spraying on of the Product involves many variables over which Progressive Epoxy Polymers, Inc. has no control and may require special equipment and applicator expertise which Buyer must supply]. Further, your sole responsibility extends to problems involving air bubbles in the Product, poor adhesion or incomplete hardening of the Product as well as mixing and application issues. Moreover, it is your responsibility to comply with all applicable federal, state and local laws and regulations. The addition of solvents, thinners, thickeners, fillers or any other additive(s) to the Product voids the warranty. You assume all responsibility for any problems resulting from application over existing coatings, grouts, liners and patching materials.

Therefore, Progressive Epoxy Polymers, Inc.'s obligations with respect to the Product does not, without limitation, apply to: (1) the use of equipment, supplies or other items not designed for the use with the Product, (2) determining the suitability of the Product for its intended use, (3) failure to properly prepare the surface before applying the Product, (4) applicator error in mixing and applying the Product, (5) spraying of the Product, (6) improper handling, storage, and shipping of the Product, (7) adhesion to underwater metallic surfaces, (8) non-conformance with Progressive Epoxy Polymers, Inc.'s recommendations and directions, (9) non-compliance of Product or application with Air Quality and/or Volatile Organic Compound ("VOC") laws and regulations in your particular area.

In the event you claim the Product to be defective or incomplete, you must notify Progressive Epoxy Polymers, Inc. in writing within 10 days after receipt of delivery of the Product. Progressive Epoxy Polymers, Inc. shall then have a reasonable opportunity to investigate the claim. If the Product was defective when delivered, then your sole remedy, at Progressive Epoxy Polymers, Inc.'s option, is to (1) refund the charges paid by you for such Product, or (2) exchange such Product.

PROGRESSIVE EPOXY POLYMERS, INC. MAKES NO EXPRESSED OR IMPLIED WARRANTIES WHETHER OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSES OR OTHERWISE (EXCEPT AS TO TITLE) OTHER THAN THOSE EXPRESSLY SET FORTH ABOVE. IN NO EVENT SHALL SELLER OR ITS AGENTS OR SUBCONTRACTORS BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS), HOWEVER BASED.

The Product is shipped FOB from Progressive Epoxy Polymers, Inc. shipping point. The risk of loss of the Product passes to you at the time the Product leaves Progressive Epoxy Polymers, Inc. or manufacturer's facility via carrier or otherwise. Without limitation, risk of loss due to damage or shortage or non-delivery due to carrier fault lies with you. All claims for damage or shortages should be made by you upon receipt of Product and filed with the carrier handing the shipment. Progressive Epoxy Polymers, Inc. will deliver Products at agreed times insofar as it is reasonably able to do so, but Seller shall not be liable for failure to deliver on time when the failure is beyond sellers reasonable control.

When you receive Product, it is your obligation to first open and only test one kit on the intended application/surface rather than Buyer trying to apply several kits at once. Your failure to carry out this obligation will significantly reduce your chances of Progressive Epoxy Polymers, Inc.'s acceptance of any returns.

In the event you shall submit purchase orders or similar documentation the written terms of which are at variance or conflict with the terms and conditions of sale contained herein, your terms shall have no effect to the extent that they may conflict and Progressive Epoxy Polymers, Inc. terms and conditions herein shall prevail.



V - LEGAL JURISDICTION


By visiting epoxyproducts.com and/or by purchasing Products from Progressive Epoxy Polymers, Inc., you agree that the laws of the state of New Hampshire, without regard to its principles of conflict of laws, will govern these terms and conditions and any dispute of any sort that might arise against Progressive Epoxy Polymers, Inc, or its owners, officers, directors, and/or employees.

You may not commence arbitration/legal action more than three months after the accrual of any cause of action arising hereunder.

Any dispute relating in any way to your visit to epoxyproducts.com or to Products you purchase through epoxyproducts.com shall be submitted to confidential arbitration in Merrimack County, New Hampshire, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, Progressive Epoxy Polymers, Inc. may seek injunctive or other appropriate relief in any state or federal court in the state of New Hampshire, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.



VI - SUGGESTIONS AND OTHER APPLICATION DISCLAIMERS


a) SUGGESTIONS DISCLAIMER. Any suggestions/procedures offered by Progressive Epoxy Polymers, Inc. are given AS-IS without any warranty and in no way expand the rights under which you have, or will have upon purchase of Products. Your use of any of these suggestions/procedures is at your sole cost and risk. In no event shall Progressive Epoxy Polymers, Inc. be liable to you for CONSEQUENTIAL OR INCIDENTAL damages. You must make an independent determination whether to follow any or all of the above items based upon the numerous application variables at hand.


b) UNDERWATER APPLICATION DISCLAIMER. Because of the Site Specific, Know or Unknown Causes of Underwater Bonding Problems, No Warranty Can Be Offered or Product Returned Based upon Underwater Bonding Problems at your Location. To Avoid Costly Problems Always Test Any Underwater Epoxy for Compatibility and Adhesion Prior to Ordering Project Sized Volumes.


c) TEMPERATURE AND CHEMICAL RESISTANCE DISCLAIMER. The temperature ranges and/or chemical resistance or pot life information outlined above is based upon information provided by the raw material vendor or product formulator, or private tests. Chemical resistance can vary depending upon, but not limited to, such factors a It is provided AS-IS without any warranty and in no way expand the rights under which you have, or will purchase, this Product or related Products. Chemical resistance can vary depending upon, but not limited to, such factors as evaporation, temperature, humidity/moisture, surface preparation, interaction with other chemicals, oxygen levels, and evaporation. Temperature effects on coatings can vary based upon solar heating/coating color, ventilation, duration of frequency of heating cycle, immersion or moisture levels and fluid flow. Pot life is affected by temperature, volume of epoxy mixed and shape of the container. Your use of these epoxies under these conditions is at your sole cost and risk. In no event shall Progressive Epoxy Polymers, Inc. be liable to you for temperature or chemically caused coating failure or CONSEQUENTIAL OR INCIDENTAL damages. You must make an independent determination confirming the coating's resistance to the chemicals and temperatures present in your unique situation.

d) AIR QUALITIY/VOLATILE ORGANIC COMPOUND ("VOC") DISCLAIMER. Although Progressive Epoxy Polymers, Inc. has made efforts to ensure compliance with existing VOC regulations, we cannot warrant those efforts for accuracy for use in environmental compliance matters. You must check with your local, state, and Federal regulatory agencies if you have any questions regarding the ability to purchase and/or use the Product, including without limitation, matters related to compliance with VOC laws/regulations. Each local area is subject to varying governmental restrictions and you are solely responsible for determining whether the Product you purchase may be used in your local area. Proper Product selection is your sole responsibility, especially with respect to VOC laws and regulations in your particular area.

e) BOAT HULL (BARRIER) DISCLAIMER. In addition to the other disclaimers listed at www.epoxyproducts.com/legal.html, there is a special disclaimer for purchase, preparation, application and use of Products from Progressive Epoxy Polymers, Inc. used on boat hulls and related structures.

SURFACE PREPARATION/CONTAMINATION: Hull surfaces can be contaminated by such things as previous application of release agents, waxes, polishes and oils. Dust, dirt, water and oils can be a common airborne contaminants in boat work sites. Extensive sanding and blasting of hulls can ground sanding dust and other materials into the hull surface such that a simple washing or wipe down will not remove them. All these factors can have an adverse affect on coating adhesion.

EPOXIES: By their nature, epoxies are hard and rigid. While some hulls are also very stiff and rigid others including (but not limited to) modern, light thin hulls, tend to flex, distort and bend. In addition to structural causes (hull thickness and weight) hull flexing can be caused by (but not limited to): rough weather/seas; mast/rigging tension; boat trailers and cradles; hoist and travel lift slings and harnesses; collisions; groundings and previous hull repairs. Even long term vibrations can have an affect. When a hull flexes, either rapidly or slowly, hard coatings may respond by cracking, delaminating or disbonding.

URETHANES: One and two part urethanes/polyurethanes require outstanding surface preparation (and usually a suitable primer) for adequate adhesion.

METAL HULLS: Adhesion and coating failures on metal hulls (and even fiberglass/resin hulls) can sometimes be linked to ‘soluble salt contamination' (see www.epoxyproducts.com/salt.html). Aluminum hulls often flex a great deal and because exposed aluminum quickly forms an oxide layer, they can be difficult to coat and achieve adequate adhesion.

CEMENT HULLS: Moisture from both sides of the hull and from inside the hull can affect coating adhesion. So can a weak, poorly consolidated surface, as well as the ‘soluble salts' referenced above.

WOOD HULLS: Wood is unique because it expands or contracts based upon moisture. Other materials, including coatings and epoxies expand or contract based upon temperature. Thus, wood and the coatings upon it move differently from each other.

Because of the above issues the decision to apply, what to apply, and how to apply any sort of coating to a boat hull is the sole responsibility of the Customer. Any suggestions; recommendations or procedures for surface preparation, selection and application of Products is given AS-IS without any warranty and is not binding to Progressive Epoxy Polymers, Inc. In no event shall Progressive Epoxy Polymers, Inc. be liable to you for Product costs, shipping costs, preparation/application/removal costs, or CONSEQUENTIAL OR INCIDENTAL damages.

VII - HEALTH AND SAFETY WARNINGS

You must read and follow the Product Data Dheet and MSDS recomendations/requirements before using any Product.

Solvent based coatings may be flammable. Solvent based Products can cause skin irritation and eye irritation, burning, tearing, redness. Use impermeable aprons, gloves and protective clothing whenever possible to prevent skin contact. Wear chemical splash goggles. Excessive exposure to solvent vapors can cause headache, dizziness, uncoordination, nausea and loss of consciousness. Massive overexposure may cause unconsciousness or even death. Reports have associated repeated and prolonged occupational exposure to solvents with permanent brain and nervous system damage.

Epoxies can cause skin irritation and are a possible skin sensitizer that can result in skin sensitization and dermatitis, chemical burns, redness and swelling. Avoid eye contact which can result in burning, tearing, redness, swelling, possible chemical burns. Use impermeable aprons, gloves and protective clothing whenever possible to prevent skin contact. Wear chemical splash goggles.

When spraying any coating, use a cartridge respirator or gas mask suitable to keep airborne mists and vapor concentration below the time weighted limit values. When brushing or rolling in poorly ventilated and confined spaces, use a fresh air supplying respirator or a self-contained breathing apparatus.

Failure to follow any of these health and safety recommendations shall be considered a misuse of the Product purchased by you (or on your behalf).



VIII - PRODUCT SHIPPING & RETURN POLICY

Progressive Epoxy Polymers, Inc. will accept returns only under the following terms and conditions:

1) You must pay the return shipping charges and the product must be received, UNOPENED, ALL SEALS INTACT and in good, re-sellable condition. If the Product is not received in re-sellable condition, no credit will be given. If the Product or container is damaged during the return shipment, no credit can be given. It is your responsibility to file a claim against the carrier for the damaged product for its fully insured purchase price.

2) Packaging MUST comply with necessary ORM-D or hazmat label requirements, packaging and shipping methods as determined by the product. Failure to comply may lead to substantial fines and legal action against you by the shipper and our refusal to accept such returns.

3) There will be a 25% re-stocking fee for the returned product.

4) Shipping charges associated with the order are not refundable.

5) You must call Progressive Epoxy Polymers, Inc. to get approval for return of shipment/product. PRODUCTS RETURNED WITHOUT APPROVAL OR REFUSED AT TIME OF DELIVERY WILL NOT BE REFUNDED THE 75% COST OF THE PRODUCT.

6) Custom orders (chips, paints in colors not stocked or shipped from Progressive Epoxy Polymers, Inc. NH facility) and all orders shipped direct from the factory/formulating cannot be canceled once the order is placed.

7) Must be returned within 30 days of purchase.

BY ORDERING FROM PROGRESSIVE EPOXY POLYMERS, INC. YOU HAVE ACCEPTED THESE SHIPPING AND RETURN POLICY TERMS.

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Reasons for coating failures

Preparation problem 70%; application problem 12%; environment problem 6%; wrong paint selection 9%; bad paint 1%; adding thinner 2%

"At least 70% of premature coatings failures are traced back to 'surface preparation' whether referring to wood, concrete, or metal. In a commercial recoating project, the costs (and profit) associated with surface preparation are about 70% of the job. How extensive the surface preparation is will depend on the performance expectation of the owner... Know the A, B, C's of surface preparation - visible contaminants, invisible contaminants, and profile."

Dr. Lydia Frenzel, The ABCs of Surface Preparation, Cleaner Times, April 2001, pg. 42-44.