Terms & Condition
These Online Terms and Conditions of Sale (these “Terms & Conditions” ) govern the online purchase of any paints, undercoats and other goods and services (collectively, “Products” ) by you from Colorchem Industries Ltd. in India using this website. In these Terms & Conditions, “you” and “your” refers to the individual or entity who has ordered Products from Colorchem Industries Ltd. (“we”, “us”, “our”).
PLEASE READ CAREFULLY -- In these Terms & Conditions you will waive or give up certain legal rights and agree to certain limitations of liability and exclusions of damages. These Terms & Conditions require you to use arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. If you do not agree with these Terms & Conditions, do not order any Products using this website.
2. AMENDMENTS AND CHANGES.Any attempted modification or amendment of these Terms & Conditions by you (whether by means of a purchase order or other form or document) is hereby rejected. No waiver, alteration or modification of these Terms & Conditions shall be binding on Colorchem Industries Ltd., unless made in writing and signed by an authorized representative of Colorchem Industries Ltd. These Terms & Conditions are subject to change by Colorchem Industries Ltdwithout prior written notice to you at any time, in our sole discretion, except that the Terms & Conditions posted on this website at the time you place an order will govern the order in question. The latest version of these Terms & Conditions will be posted on this website. You should review these Terms & Conditions prior to purchasing any Product that is available through this website. Your continued use of this website after a posted change in these Terms & Conditions will constitute your acceptance of and agreement to be bound by such change.
3. PRODUCT ORDER
All orders must be accepted by Colorchem Industries Ltd. Our acceptance of your orders is subject to and expressly conditioned upon your agreement to be legally bound by these Terms & Conditions. We may choose not to accept any orders in our sole discretion. We require that all purchases of Products be made either (i) by individuals who are not minors and who can legally enter into binding contracts (typically persons 18 years of age or older, depending on where you live), or (ii) by minors with the permission of a parent or guardian who has accepted these Terms & Conditions on behalf of the minor making the purchase.
4. ORDER CONFIRMATION. After we receive your online order, we will send you an order confirmation e-mail with your order number and a description of the Products you have ordered online. Acceptance of your order and the formation of the contract of sale between Colorchem Industries Ltd.and you will not take place unless and until you have received your order confirmation e-mail. You have the option to cancel your order at any time prior to dispatch of the shipment.You agree that we may cancel any online order at any time, even if it has been accepted by Colorchem Industries Ltd.and even if you have received an email order confirmation, if we believe that the order violates applicable law, including any law that requires proof of identity or age in order to purchase a particular Product. You also agree that we may not accept your order or call you to change your order before you receive an email order confirmation, if we are not able to fill the order to the specifications (e.g., size, color, sheen, and/or base) you have selected.
5. PRICES AND TAXES. The price charged for a Product and applicable fees, will be the price and fees in effect at the time your order is placed and will be specified during the checkout process and in your order confirmation e-mail. Taxes shown during the checkout process and in your order confirmation email are actual taxes. Price increases will only apply to orders that you place after such changes are posted on this website. All prices posted on this website are subject to change without notice. Prices and Product descriptions are subject to correction for error. We are not responsible for any pricing, typographical, photographical or other errors in our website information and we reserve the right to cancel any orders arising from any such errors. For paint Products displayed on the website, the Product size listed on the website is the size of the Product container. Payment for the Products shall be made in Indian Rupees. Prior to submitting your payment information, you will have the opportunity to review Product prices, taxes, and fees. In the event that, due to technical difficulties, we are unable to display taxes and fees during the online checkout process, you will be notified of this in your order confirmation email.
6. TERMS OF PAYMENT.
a. Your credit card, gift card, or Colorchem Industries Ltd.credit account (“Account”) will be authorized for the full amount of the sale when the online checkout process is completed.
b. Colorchem Industries Ltd.will charge your Account only upon the money credited in your Colorchem account due to cancellation of previous order(s) by you or Colorchem Industries Ltd.
c. It may take several days before the credit hold is released on your Account. Colorchem Industries Ltd.shall not be liable for any costs or other liabilities associated with such a continuing hold.
d. We accept VISA, MasterCard, American Express and payment via Colorchem Industries Ltd.credit account for all online purchases. If you use a credit card to order Products from this website, you must use an Indian credit card with Indian billing and shipping addresses. You represent and warrant, at the time your online order is placed, that (a) the credit card or Colorchem Industries Ltd.credit account information you provided to us is true, correct, current and complete; (b) you are duly authorized to use such credit card or Colorchem Industries Ltd.credit account for the purchase of Products from us; and (c) you will pay charges incurred by you in connection with your purchase of the Products at the prices specified in our order confirmation email. If for any reason we are unable to process your payment, we reserve the right to cancel your order.
7. DELIVERY, TITLE AND RISK OF LOSS.
Title and risk of loss for the Products pass to you upon the delivery of the Products to you. The time of delivery is not of the essence, and Colorchem Industries Ltd.shall not be liable or responsible for any costs, charges, expenses, damages or for any penalty, liquidated or otherwise, for late or delayed delivery. All delivery dates, including any delivery dates specified in your order confirmation email, are approximate and are not guaranteed.
8. PRODUCTS RETURNED FOR CREDIT.
a. Colorchem Industries Ltd.will accept a return of the Products ordered online for a refund of the purchase price, provided any such return is made within seven (7) days from the date of delivery, provided such Products are returned in their original, unopened condition together with proof of purchase. Bundled items need to be returned with all the components.
b.Refunds are ordinarily processed by Colorchem Industries Ltd. within seven (7) business days of acceptance of the returned Products. However, it may take longer for the refund to be processed by your bank, credit card company, or other financial institution. Colorchem Industries Ltd.shall not be liable for any costs or other liabilities associated with any delay by your bank, credit card company, or other financial institution in processing your refund. Refunds will be issued to/in the original form of payment.
9. LIMITED WARRANTIES; DISCLAIMERS.
a. Colorchem Industries Ltd.warrants to you that, as of the date delivery and for a period of 90 days thereafter, those Products that are manufactured by Colorchem Industries Ltd.shall (i) conform to Colorchem Industries Ltd.’s then-current quality control specifications for manufacturing such Products; and (ii) be subject to any label warranty affixed to the container or packaging of such Products. The above warranties extend only to you and not to any other individual or entity.
b. The obligation of Colorchem Industries Ltd.under the warranties in Section 9(a) is limited, at our option, to the replacement of defective Products or the refund of the purchase price for such defective Products. Any replacement Products will be delivered to the specified delivery adress in your original order confirmation email, provided that (i) prompt notice of any defect is given by you to us within the warranty period specified above, and (ii) upon your return of the defective Products to the Colorchem Industries Ltd.’s head office, an inspection thereof reveals to our satisfaction that your claim is valid under the terms of this warranty.
c. The warranties in Section 9(a) cease to be effective if you fail to use the Products sold hereunder in a safe and reasonable manner and in strict compliance with all written instructions and/or specifications from Colorchem Industries Ltd.
10. LIMITATION OF LIABILITY.
a. YOUR USE OF THIS WEBSITE AND ANY PRODUCT PURCHASED THROUGH THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK. EXCEPT WITH RESPECT TO CLAIMS BASED ON PERSONAL INJURIES, IN NO EVENT SHALL COLORCHEM INDUSTRIES LTD.BE LIABLE TO YOU, OR ANYONE CLAIMING THROUGH OR ON BEHALF OF YOU, FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECULATIVE, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES, LOSS OF PROFITS, LOSS OF USE, PENALTIES OR DEMURRAGE, WHETHER OR NOT BASED UPON COLORCHEM INDUSTRIES LTD. NEGLIGENCE, BREACH OF WARRANTY, BREACH OF CONTRACT, STRICT LIABILITY, TORT OR ANY OTHER CAUSE OF ACTION, EVEN IF COLORCHEM INDUSTRIES LTD.IS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
b. EXCEPT WITH RESPECT TO CLAIMS BASED ON PERSONAL INJURIES, COLORCHEM INDUSTRIES LTD. SOLE LIABILITY, AND THE EXCLUSIVE REMEDY THAT YOU OR ANYONE CLAIMING THROUGH OR ON BEHALF OF YOU WILL HAVE, FOR ANY CAUSE OF ACTION ARISING IN CONNECTION WITH THE PRODUCTS AND/OR THE USE OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO, THE RECOMMENDATION, PURCHASE, TRANSPORTATION, STORAGE, HANDLING, OR USE OF THE PRODUCTS, IS EXPRESSLY LIMITED TO, AT COLORCHEM INDUSTRIE LTD. OPTION, REPLACEMENT OF THE DEFECTIVE PRODUCTS OR A REFUND OF THE PURCHASE PRICE THEREOF.
c. IF YOU RESIDE IN A STATE OR TERRITORY OTHER THAN NEW JERSEY, YOUR STATE OR TERRITORY MAY NOT ENFORCE ALL OF THESE LIMITATIONS, AND ONLY THE LIMITATIONS THAT ARE LAWFULLY APPLIED TO YOU IN YOUR JURISDICTION WILL APPLY.
11. FORCE MAJEURE. Colorchem Industries Ltd.will not be liable or deemed to be in breach of these Terms & Conditions for any delay or failure to perform any or all of its obligations by reason of fire, explosion, accidents, hurricanes, tornados, flood, unusually severe or abnormal weather, war or threat of war, riots or civil commotion, acts of terrorism, acts of any governmental authority or agent, interruption of or delay in transportation of Products, labor disputes, shortage of materials or raw materials, inability to obtain raw materials at a reasonable price, acts of God or any other circumstance or event beyond the reasonable control of Colorchem Industries Ltd. If we are rendered unable by force majeure to carry out any or all of our obligations under these Terms & Conditions, we will use reasonable efforts to give notice to you by email, and upon the giving of such notice the obligations of Colorchem Industries Ltd.shall be suspended or terminated as may be necessary under the circumstances.
12. PRODUCT MODIFICATIONS.
We reserve the right to change the formulation or method of manufacture of the Products from time to time in our sole discretion and we will have no obligation to notify you before or after any such change in the Products.
13. INDEMNIFICATION. After you accept delivery of a Product, you shall be solely responsible for the proper transportation, handling, exportation, storage, processing, alteration, use, application, and/or disposal of such Product. To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold Colorchem Industries Ltd.harmless from and against any and all actual, alleged, or threatened claims, liabilities, and costs and expenses (including attorneys’ fees) arising out of or resulting from (a) any transportation, handling, exportation, storage, processing, alteration, use, application and/or disposal of a Product by your and/or your applicator; and (b) any actual or alleged breach by you of, or any inaccuracy in, any representation, warranty, covenant or undertaking made by you in these Terms & Conditions.
14. REGULATED PRODUCTS. You acknowledge that (a) the Products are subject to various federal, state, territory, municipal and local laws, rules and regulations, (b) the Products will be delivered to you, and the Products are labeled for end-use within the jurisdiction. You may not export or otherwise ship the Products outside of the jurisdiction of that Retail Store. The Products are intended for your use only, and are not for resale.
15. COMPLIANCE WITH LAWS. You agree to comply with all applicable laws, rules and regulations, including, without limitation, all, laws, rules and regulations in any way relating to your purchase, ownership, transportation, receipt, handling, storage, processing, alteration, use, application, and disposal of the Products once you have accepted delivery of the Products.
16. RESPONSIBLE PRACTICES.
a. You acknowledge that Colorchem Industries Ltd.has made available on its website product literature and information (including Product Data Sheets) that include product ingredient composition, health, safety, fire and environmental hazards and warnings, first aid and accidental spill measures, handling, storage, protection and exposure guidelines related to the Products available for purchase on this website. You may find the specific information for each product on Colorchem Industries Ltd.website.
b. You agree (i) to receive this information in electronic form and to familiarize yourself with all such information; (ii) adopt and follow safe handling, storage, transportation, use, treatment and disposal practices with respect to the Products, including, without limitation, special care and practices relating to your use of the Products; (iii) instruct your employees, independent contractors, agents and customers of the precautions and safe use practices required in connection with the unloading, handling, storage, use, transportation and of the Products. (iv) comply with applicable safety and environmental laws and take action necessary to avoid spills or other dangers to persons, property or the environment. In the event the Products are intended for professional use only, you represent and warrant to Colorchem Industries Ltd.that you are a professional user experienced and knowledgeable regarding how to properly and safely handle, store, dispose of, and use such Products.
17. DISPUTE RESOLUTION.
a. Any claim or cause of action arising out of your purchase or use of the Products, your use of this website, these Terms &Conditions, or the breach thereof, shall be settled by arbitration administered by the Indian Contract Act. The parties understand and agree that they are waiving the right to trial by jury.A decision by the arbitrator shall be final and binding. Judgment may be entered on the arbitrator’s award. Colorchem Industries Ltd.,may bring a lawsuit solely for injunctive relief or equitable remedies to stop unauthorized use of our intellectual property rights without first engaging in arbitration.
b. YOU MAY ONLY RESOLVE DISPUTES WITH COLORCHEM INDUSTRIES LTD.ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF, CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. YOU ACKNOWLEDGE AND AGREE THAT CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED.
c. In the event that the agreement to arbitrate in this Section is found not to apply to you or your claim or cause of action or if any action is brought for the enforcement of an arbitrator’s order, you and Colorchem Industries Ltd.agree that any judicial proceeding will be brought only in the United States District Court for the Northern District of Ohio, Eastern Division, or in courts of the State of Ohio located in Cleveland. Both you and Colorchem Industries Ltd.irrevocably consent and agree to venue and personal jurisdiction there. WE BOTH AGREE TO WAIVE OUR RIGHT TO A JURY TRIAL. We both consent to service of process by using the procedures in Section 15 above.
d. Any arbitration shall be confidential, and neither you nor Colorchem Industries Ltd.may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. All fees and expenses of the arbitration (including the fees of the arbitrator) will be divided equally between you and Sherwin-Williams. Each party will bear the expense of its own counsel and experts.
e. Any claim or cause of action arising out of your purchase or use of the Products, your use of this website, these Terms & Conditions, or the breach thereof, must be filed within one (1) year after the date that such claim or cause of action arose, or else that claim or cause of action will be permanently barred.
18. APPLICABLE LAW. We both agree that these Terms & Conditions constitute a written agreement signed by both you and Colorchem Industries Ltd.under applicable law. These Terms & Conditions shall be governed by the laws of the Indian Jurisdiction, excluding any conflicts or choice of law rule or principle that might otherwise refer construction or interpretation of this Agreement to the substantive law of another jurisdiction.
19. GENERAL TERMS. You may not assign any rights or delegate any obligations under these Terms & Conditions without Colorchem Industries Ltd.’s prior written consent. Any assignment or delegation, or attempted assignment or delegation, in contravention of the foregoing shall be null and void. Colorchem Industries Ltd.may assign or delegate any of its rights or obligations hereunder. If any provision of these Terms & Conditions is so broad as to be unenforceable, such provision shall be interpreted to be only so broad as is enforceable. If any provision of these Terms & Conditions is declared invalid or unenforceable for any reason other than over-breadth, the offending provision will be modified so as to maintain the essential benefits of the bargain between the parties hereto to the maximum extent possible, consistent with law and public policy. If the Products purchased by you are to be used in the performance of a government contract or subcontract, no government requirements or regulations will be binding on Colorchem Industries Ltd.unless specifically agreed to by our authorized representative in writing. The failure of Colorchem Industries Ltd.to enforce any of the provisions of these Terms & Conditions will not be construed to be a waiver of any provisions hereunder nor will any such failure prejudice the right of Colorchem Industries Ltd.to take any action in the future. Any waiver must be made in writing and signed by an authorized representative of Colorchem Industries Ltd. These Terms & Conditions do not and are not intended to confer any rights or remedies upon any person other than you. In the event that these Terms & Conditions are translated into any language other than English, if any conflict exists between the original and the translation, the English language version will govern and control.