Terms and Conditions
Terms & Conditions of Sale
Tub Repair Company LLC is represented in the following Terms and Conditions of Sale.
Acceptance
The following Terms and Conditions of Sale are applicable to the sale of all products by Tub Repair Company LLC (the “Products”) to any purchaser thereof (“Buyer”). The following Terms and Conditions of Sale constitute the sole and entire agreement between you and Tub Repair Company LLC in connection with your purchase of Products from Tub Repair Company LLC. By submitting an order, you shall be deemed to have accepted these Terms and Conditions of Sale. No terms or conditions contained in any acknowledgement, receipt, email or other communication from you shall bind Tub Repair Company LLC unless otherwise expressly agreed in writing by an authorized officer of Tub Repair Company LLC. Any additional terms you propose in any written or oral communication from you to Tub Repair Company LLC shall be deemed to materially alter these Terms and Conditions of Sale. These Terms and Conditions of Sale shall be deemed to provide you with notification of Tub Repair Company LLC’s objection to any such additional or different terms that you propose to Tub Repair Company LLC. Any amendment, waiver or other alteration of the Terms and Conditions of Sale shall be effective only if made in a writing signed by a duly-authorized representative of Tub Repair Company LLC and Buyer’s attempts to alter such Terms and Conditions of Sale with printed purchase orders, acknowledgements or similar documentation shall be void. In the event of a conflict between these terms and conditions contained in any quotation, purchase order, invoice or final order acknowledgement and those contained in these Terms and Conditions of Sale, the terms contained in these Terms and Conditions of Sale shall govern. Without limiting the generality of the foregoing, Tub Repair Company LLC’s rights and obligations hereunder will not be qualified by or subject to any vendor credentialing, code of conduct, or similar requirements imposed by Buyer upon any of its vendors or suppliers.
Project Risks and Warnings
Buyer understands they are working with products considered to be dangerous and understands the risks and safety precautions they need to take such as: wearing an organic vapor respirator (P95 - 8577), gloves, long sleeves, safety glasses, not working with our kits if pregnant or breast feeding, not allowing small children or animals to be present while installing the kit, on floor repairs the finish may be smooth and slick and using a mat without suction cups is recommended (remove the mat after each use), do not use these products near an open flame. In general, the products in our kits may cause skin irritation, headaches, be flammable, poisonous to swallow, cause eye irritation, emit dangerous vapors and should not be released freely into the environment. Seal and throw empty bottles away and do not recycle. Do not dispose of extra materials down the drain or to the sewer. Seal and throw away excess materials. The buyer has or will read and understand the warning labels located on the website, on each product, and on the written instructions before using the products. If the buyer is uncomfortable starting the project due to safety concerns they may return the products in their original packaging and receive a full refund.
These products are sold without warranty, expressed, or implied. This is a Do It Yourself project and Seller cannot guarantee project success or longevity of any repair. Seller disclaims liability for ANY consequential or incidental personal injury or property damage arising from the use of these products. Buyer's exclusive remedy is refund or replacement if deemed appropriate by Seller.
Payment Policy
Prices are subject to change without notice. Prices may include the appropriate sales tax for each state. Sales Tax will always be collected in the Seller's home state and will be added at the time of checkout (Missouri). Sales Taxes may be collected for other states depending on each states threshold requirements for collecting sales tax on out of state online purchases. These vary and are deemed Nexus Laws which Seller relies on the Shopify platform to apply these as necessary. Prices do include shipping costs for the lower 48 states but not for any other state or jurisdiction (Alaska, Hawaii, Canada, etc...). Prices do not include applicable federal, state, regional, and local transactional costs and expenses, including, but not limited to, VAT, GST, duties, tariffs, or other additional costs imposed by reason of the sale of the Products, which costs and expenses shall be the responsibility of Buyer. Import duties when shipping to other countries is the responsibility of the Buyer. Payment is required in full at time of purchased unless written permission is given by a duly authorized agent of the Seller.
Orders placed via Tub Repair Company LLC websites must be paid in advance. Payment options are provided upon checkout.
Sales & Use
Currently, Tub Repair Company LLC collects sales or use tax for Missouri. For this state, sales tax will be automatically added to your order at checkout. Other states sales tax may be added at time of checkout if deemed appropriate by state nexus laws.
Shipping
Shipping is included in the purchase price for the connected 48 state of the USA. All of our products are shipped by ground and cannot be shipped through the air due to DOT regulations. Shipping to Hawaii and parts of Alaska may not be possible due to DOT regulations. Seller does not guarantee a delivery date. If you have a specified delivery date, please contact Tub Repair Company LLC via e-mail or phone to determine if it is possible or likely. Tub Repair Company LLC shall pack and mark the Products according to its standard procedures for domestic and/or export delivery. Products are deemed by the DOT to be Hazardous Materials (HAZMAT) and must be shipped using the appropriate "Limited Quantity HAZMAT Indicators" such as directional arrows on 2 sides and the Limited Quantity HAZMAT diamond label. Title and risk of loss shall pass to Buyer simultaneously with delivery. Buyer assumes all risk and liability for, and hereby agrees to indemnify Tub Repair Company LLC from and against all losses, liabilities, damages and claims whatsoever (whether for personal injury, property damages or otherwise), arising out of transportation, including unloading, storage, handling or use of any Products after title passes to Buyer. Prepaid freight and fuel surcharges may apply to certain orders. No COD shipments.
Return/Refund Policy
We offer a 30 day return policy where, as long as the return is initiated (post marked) within 30 days from the date it was received we will accept the package back in its original packaging and refund the purchase. The return shipping expense is the responsibility and expense of the Buyer. Returns should be sealed in the original packaging with the DOT labels plainly visible (2 directional arrow stickers and the Limited Quantity HAZMAT sticker) and mailed back to the Seller via USPS (United States Postal Service). Please mail returns to:
Tub Repair Company LLC
2336 S. Kickapoo Ave
Springfield, MO 65804
Returns initiated past 30 days from the Buyer receiving the package may not be refunded by the Seller. Refunds outside of the 30 day window will be at the Seller's option. If you wish to return your products after the 30 return period please contact the Seller before shipping the package as the Buyer may not get a refund even if the package is returned.
Warranty/ Rejecting Non-Conforming Products
Tub Repair Company LLC warrants to Buyer that unopened Products, will, for a period of 30 days from the date the package is received by Buyer, conform to the Product specifications. If within the 30 day window after the Buyer receives the package, the contents are deemed to be expired or unusable, the Seller will send replacement products at the Seller's expense. If claims of expired products are made past 30 days of the Buyer receiving the products Seller may require payment for additional materials (at the Seller's option).
Tub Repair Company LLC warrants that there will be enough materials in each kit to accomplish reasonable sized repairs as stated in the product descriptions. It is the Buyer's responsibility to confirm the size of their repair and the capabilities of the kit prior to purchase. Buyer is encouraged to contact the seller by phone or email with pictures of their damage if they are unsure which kit to purchase. By the Buyer making the purchase Buyer is confirming they have checked the size of their repair against the capabilities of the kit. If the Buyer does not have enough material to complete their repair Seller may at their option charge for additional materials.
Tub Repair Company LLC warrants against malfunctioning products. If it is within the 30 day warranty window and the Buyer experiences a malfunction of any of the products Seller will replace all materials necessary to complete the repair. One replacement of malfunctioning products will be provided. If the same problem occurs again Seller may charge for additional products due to the possibility the error is due to Buyer execution.
Tub Repair Company LLC does not warrant against the success of the project or the longevity of the repair. Buyer understands this is a Do-It-Yourself project and the quality of the repair is the sole responsibility of the Buyer. Seller disclaims liability for ANY consequential or incidental personal injury or property damage arising from the use of these products.
EXCEPT AS SET FORTH HEREIN, TUB REPAIR COMPANY LLC MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND YOU ACKNOWLEDGE THAT YOU ARE NOT RELYING UPON TUB REPAIR COMPANY LLC’S SKILL OR JUDGMENT TO SELECT OR FURNISH PRODUCTS OR GOODS SUITABLE FOR ANY PARTICULAR PURPOSE OR UPON ANY AFFIRMATIONS OF FACT OR PROMISES OF TUB REPAIR COMPANY LLC WHICH EXTEND BEYOND TUB REPAIR COMPANY LLC’S SPECIFICATIONS. IN THAT REGARD, AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, YOU AGREE AND ACKNOWLEDGE THAT YOU ARE ACCEPTING THE PRODUCTS ON AN “AS-IS” AND “WITH ALL FAULTS” BASIS. FURTHERMORE, YOU HEREBY EXPRESSLY AGREE AND ACKNOWLEDGE THAT TUB REPAIR COMPANY LLC SHALL HAVE NO LIABILITY OF ANY NATURE HEREUNDER BEYOND REPLACEMENT OF ANY DEFECTIVE PRODUCTS WITHIN THE 30 DAY RETURN PERIOD. IN ADDITION, YOU HEREBY EXPRESSLY AGREE AND ACKNOWLEDGE THAT TUB REPAIR COMPANY LLC SHALL HAVE NO LIABILITY OR OBLIGATION OF ANY NATURE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR PROFITS OR DAMAGE TO PERSONS OR PROPERTY) ARISING OUT OF OR IN ANY WAY RELATED TO YOUR ORDER OR THE PRODUCTS REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED IN TORT, WARRANTY, CONTRACT OR ANY OTHER LEGAL AND / OR EQUITABLE THEORY, AND EVEN IF TUB REPAIR COMPANY LLC HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION HEREIN TO THE CONTRARY, IN NO EVENT SHALL TUB REPAIR COMPANY LLC’S TOTAL LIABILITY TO YOU EXCEED THE PRICE ACTUALLY PAID BY YOU FOR THE PRODUCT AT ISSUE.
Force Majeure
Tub Repair Company LLC’s performance shall in all cases be subject to delays resulting from governmental requirements or orders, strikes, or other concerted acts of workmen, fires, floods, explosions, riots, war or armed conflict (declared or undeclared), accidents, acts of God, acts of terrorism, pandemics, epidemics, delays in transportation or inability to obtain necessary labor, materials or supplies or any cause which renders Tub Repair Company LLC’s performance commercially impractical and other causes reasonably beyond Tub Repair Company LLC’s control.
Compliance with Laws
Buyer represents and warrants that the Products will not be used, resold, transferred, exported or reused in any way by Buyer in violation of any laws, regulations of any federal, local, state or other governmental entity, including export/import controls imposed by the U.S. or any other government or government agency.
Severability
In the event that any provision of these Terms and Conditions of Sale shall be invalid, illegal or otherwise unenforceable, the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby.
Governing Law/Choice of Venue
Your order and all payments are being made to Tub Repair Company LLC’s headquarters in the State of Missouri, and the terms and conditions of your transaction (along with all rights, duties and obligations arising hereunder) shall be construed, interpreted and enforced in accordance with the laws of the State of Missouri without regard to its conflicts of law rules that would necessitate the application of the laws of any other jurisdiction. You also agree that any claim or action relating in any way to your order (except actions in which Tub Repair Company LLC seeks equitable relief) shall be brought in the Court of Common in Springfield, Missouri, or if based solely upon federal law, in a United States District Court of Missouri. You hereby submit to the exclusive jurisdiction of said Courts. Furthermore, you agree that venue in said Courts shall be proper in all respects and covenants not to assert any defense or objection to the venue of said Courts.
In any event of a claim against the Tub Repair Company LLC or any of its sister companies the Buyer agrees to first contact the Seller directly with their claim and expected remedy. Buyer agrees to pursue a direct mediation with the seller prior to suit in court.
Successors and Assigns
You may not transfer or assign any of your rights or delegate any of your obligations hereunder without the express prior written consent of Tub Repair Company LLC. These Terms and Conditions of Sale shall be binding upon, and inure to the benefit of Tub Repair Company LLC and its respective successors and assigns, including any corporation with which, or into which, Tub Repair Company LLC may be merged or which may succeed to its assets or business.
No Transfer of IP
Buyer and Tub Repair Company LLC expressly agree and covenant that except as otherwise expressly provided in a separate written agreement executed by Buyer and Tub Repair Company LLC, the sale of the Products shall not be construed as granting any right, license, interest or claim of any nature in any copyright, trademark, service mark, patent, trade secret, invention, intellectual property right, or confidential information of Tub Repair Company LLC. You agree and covenant not to copy, reverse engineer or otherwise decompile the Products for any commercial purpose.
Export Terms
You shall be solely responsible for complying with any and all laws and/or regulations governing the exportation of any Products delivered hereunder from the United States and the importation of any such Products in the country of destination, including, without limitation, the payment of any taxes and/or duties thereof.
No Waiver
The waiver by Tub Repair Company LLC of any term, covenant, agreement or condition herein contained shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, agreement or condition herein contained. No covenant, term, agreement or condition of these Terms and Conditions of Sale shall be deemed to have been waived by a party unless such waiver is in writing by such party.
Entire Agreement
These Terms and Conditions of Sale contain the entire understanding between the parties hereto with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements and understanding, inducements or conditions, express or implied, oral or written, among you and Tub Repair Company LLC with respect to your purchase of the Products. These Terms and Conditions of Sale may only be amended in writing and signed by an authorized corporate officer of Tub Repair Company LLC.
Indemnity
You shall and hereby covenant to protect, defend, indemnify and hold harmless Tub Repair Company LLC (which for this purpose shall include any Tub Repair Company LLC sister companies, affiliates, subsidiaries, associates, directors, officers, employees, agents, successors and assigns) of, from and against any and all losses or damages, including (without limitation) any judgments, civil penalties, interest, expenses and costs including (without limitation) attorneys’ fees, claims, lawsuits, actions, proceedings or investigations (“Claims”) which are made or brought against Tub Repair Company LLC (or other person indemnified hereunder) by any person, government or entity arising out of, in connection with or in any way related to (a) the death of or injury to any person, or damage to any property, that resulted or is alleged to have resulted from the negligence or willful misconduct of you, your employees, subcontractors, and agents, in the performance of your obligations hereunder, or from your use of the Products sold hereunder; (b) any drawings, schematics, promotional or advertising matter, guarantees, warranties, labels, or instructions furnished by you or submitted to Tub Repair Company LLC by you; (c) any infringement of any patent, design, trade name, trademark, copyright, trade secret, or any other intellectual property right or entitlement of any third party due to your use of the Products; or (d) any environmental, property or toxic tort claim, lawsuit, judgment, loss, civil penalty or action.