Terms and Conditions

Terms & Conditions of Sale

This is regarding Tub Repair Company™ LLC (Us) and Customers (You) of our products and services.

Acceptance

By making a purchase from Us, You understand the terms below and terms cannot be changed by you without permission from the acting owner of Tub Repair Company™ LLC. (Us)  You also understand and agree to conduct the project safely by adhering to safety warnings and using protective equipment as recommended by US.

Payment Policy

Prices are subject to change. Prices do include shipping to the lower 48 states in the purchase price.  We charge shipping in addition for Alaska, Hawaii and any other location not in the continental 48 States.  Sales tax and any duties will be charged in addition at check out if applicable. We only offer extended purchase terms if that is an option at checkout.  If you would like to purchase large quantities contact us to discuss more favorable terms. We accept payment options that are present at checkout.  If paying by cash or check, we must receive payment before order can be submitted. Contact us if you have any questions or concerns of an invoice amount.

Sales & Use

We collect Missouri state sales tax and any other taxes the law requires us to collect.  You are responsible for any other taxes outside this.  Please let us know if you experience any such taxes. Contact us if you are tax exempt and would like to purchase large quantities.

Shipping

Shipping is included in the purchase price for the lower 48 states, not for Alaska, Hawaii or any other location outside the United States.  Orders are shipped normally within 24 hours except on Saturday and Sunday.  We will contact you if we expect significant shipping delays longer than 5 days.  We are required to ship UPS Ground and our packages are required to meet their standards. Packaging you receive the products in may look different than our retail packages due to DOT restrictions placed on shipping hazardous materials. It is our responsibility until it is placed at your address, then it becomes your responsibility.  If you receive damaged goods contact us.  Do not ship products back unless given approval by us.  If you do ship them back they must be sealed, packaged and marked as they were when you received them.  Return shipments should be sent by USPS and the cost is to be initially paid by the Customer; however, may be once the package is received back by us.

Ship Returns To:

Tub Repair Company
2336 S. Kickapoo Ave
Springfield, MO 65804

Return / Refund Policy / Warranty

Please contact us if you need to make a return.  We prefer to approve any returns before they are sent as sometimes this is not the most efficient way to resolve a problem.  Returns should be shipped by USPS, sealed, packaged and marked as they were received, and return shipping charges are paid by the customer initially.  If the product is deemed faulty by Us we will refund the return shipping as well.  If we send you faulty products we will pay return shipping.  Refunds are to be made once the package is received back by us.  If you are unsatisfied with the products you receive please call us.  Kits have a 1-month expiration so plan to do your project in that time.  We do not guarantee how your repair will turn out.  Please take before and after pictures of your repair and call us if you are not satisfied with the result of your repair.  Any products that have spoiled within 1 month will be replaced for no charge.  Refunds outside of this will be at our discretion.

Ship Returns To:

Tub Repair Company
2336 S. Kickapoo Ave
Springfield, MO 65804

Phone Calls / Text Messages / Emails

By purchasing our products you agree to allow us to call, text, or email you regarding your experience using our product.  This may be conducted by a third party review service.  By you calling, texting, or emailing us you agree that we may contact you back in any form we deem most efficient.  We agree to answer and respond to your questions and offer top quality support.  By opting in at check-out you agree to receive promotional emails regarding new products, new information including videos, and any other privileged information regarding our business.

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.

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

You and Tub Repair Company™ LLC expressly agree and covenant that except as otherwise expressly provided in a separate written agreement executed by you 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 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.

Acts of God or Other Temporary Business Closures

If we are unable to fill your order within 5 days of order date we will contact you to confirm you still want it.  If not, then we will refund your money and cancel the order.