Conditions of Sale apply to any sale of ecostucco® products. If there is a conflict between these Conditions of Sales and the conditions of any other documentation such as a purchase order, such conflicting terms and conditions will have no effect.
All orders of ecostucco® products don’t constitute an acceptance by Mediterranean Colors, LLC until such order has been accepted by Mediterranean Colors, LLC.
Mediterranean Colors, LLC reserves the right to modify any quotation until written acceptance by Mediterranean Colors, LLC in the form of an invoice.
Mediterranean Colors, LLC reserves the right to revise or otherwise modify these Conditions of Sale anytime and without prior notice.
Transit and delivery lead times start upon the order confirmation. Mediterranean Colors, LLC shall not be liable for any consequential damages from the failure to deliver orders on a specific date.
No return of any ecostucco® products will be accepted without the prior written approval by Mediterranean Colors, LLC. Sales of custom colors are final.
All freight charges relating to returned ecostucco® products are the responsibility of the purchaser, unless the products are returned due to an internal error.
Before the first use of any ecostucco® product, the applicator has the obligation to read and follow all instructions written on the packaging, the product data sheet, and the safety data sheet.
Pricing of all ecostucco® products is in U.S. Dollars (USD). Pricing may change without prior notice.
Shipping terms shall be Free on Board (FOB) from the origin facility. The buyer assumes all responsibility and risk of damage or loss once the ecostucco® products are loaded onto Mediterranean Colors, LLC’s designated carrier.
Payment of ecostucco® products is due upon order and prior to shipping.
Orders that are not retrieved within 30 days of confirmation are subject to cancellation.
Buyer shall indemnify, defend, and hold harmless Mediterranean Colors, LLC, as well as its subsidiaries and affiliates, including its officers, directors, employees, agents, and successors from and against any and all losses, lawsuits, judgments, liabilities, damages, injuries, fines, costs or expenses (including reasonable attorney’s fees and expenses) (collectively, “Losses”), including but not limited to Losses incurred in connection with or alleged with regard to, or otherwise relating to any claim, demand, proceeding, action, or suit by any third party (collectively, “Claims”), in each case arising from the buyer’s use, application, or installation of ecostucco® products, or otherwise relating to buyer’s obligations under these Terms and Conditions of Sale.
Mediterranean Colors, LLC shall not be liable for any failure to perform or delay to the extent caused by any event or circumstance which is beyond the control of Mediterranean Colors, LLC, including without limitation, unforeseen events such as fires, floods, hurricanes, earthquakes, accidents, explosions, wars, acts of terrorism, embargoes, delays of carriers, sabotage, strikes, labor disturbances, act of governmental authority, state of emergency, pandemic, epidemic, shortages of power, or lack of or inability to obtain sources of materials, fuel, supplies, or equipment.
These Conditions of Sale constitute the entire agreement between Mediterranean Colors, LLC and the buyer relating to the sale of ecostucco® products.
These Conditions of Sale and the obligations of the buyer shall not be assigned, delegated, or transferred by operation of law or otherwise without prior written consent.
If any provision of these Conditions of Sale is held by a court of competent jurisdiction to be void or unenforceable, such provision shall have no e?ect upon the enforceability of any other provision of these Conditions of Sale.
These Conditions of Sale and all matters relating to the sale of ecostucco® products, shall be governed by and construed in accordance with the laws of the State of California.
Any dispute relating to these Conditions of Sale and all matters relating to the sale of ecostucco® products shall be subject to the exclusive jurisdiction and venue in the state and federal courts located in the State of California.
