Terms of Sale

1. Who we sell to

We sell to businesses, not to consumers. By placing an order you confirm you are buying in the course of a trade or profession, and that the material will be handled by people competent to handle industrial coatings.

We supply in two tiers, and they are not interchangeable:

• Evaluation quantities. Small quantities for testing, trials and specification work. Available to any professional buyer.
• Project quantities. Pails, drums and project volumes. Supplied on applicator terms to certified Polyflake applicators, or where Polyflake crews are applying the system. We may decline a project-quantity order on this basis, and we will tell you plainly if we do.

This is deliberate. The service life we quote depends on correct surface preparation and application, and we are not willing to attach our name to material applied by an untrained crew.

2. Quotes and orders

Nothing on this website is an offer to sell at a stated price. An order becomes binding only when we issue a written quote and you accept it.

Quotes are valid for 30 days unless the quote says otherwise. Because these are made-to-order materials whose raw material costs move, we may re-quote after that period.

We mix batches to order. Once a batch has been mixed against your accepted order, that order cannot be cancelled. See section 7.

3. Prices and payment

Prices are quoted in US dollars and exclude taxes, duties and freight unless the quote states that they are included.

Unless we have agreed credit terms with you in writing, payment is due in full before dispatch. We send a secure payment link for the agreed amount and you pay by card on our payment provider's own page.

Where we have agreed credit terms, invoices are due within the period stated on the invoice. Overdue balances may carry interest at the maximum rate permitted by Florida law, and we may hold further shipments until the account is current.

4. Delivery and dangerous goods

Our materials are regulated dangerous goods. That constrains how they can move, and these constraints are not negotiable, because they are not ours to waive.

• Ground freight only. We do not ship these materials by air. Catalyst in particular is an organic peroxide and is prohibited from air transport.
• Continental United States only for direct delivery. We cannot deliver to Alaska, Hawaii, US territories, or PO boxes.
• International orders are arranged through a dangerous goods freight forwarder. Tell us the destination and we will quote it, including documentation.
• Delivery dates are estimates. We work hard to hit them, but we are not liable for losses caused by delay, including drydock or shutdown costs. If a date is critical, tell us before you order so we can plan around it or decline.
• Someone must be able to receive it. Freight deliveries of regulated goods need a competent recipient at the delivery point during business hours. Tell us if your site has no forklift or restricted access.

If an order is placed for a destination we cannot lawfully ship to, we will cancel it and refund you in full.

5. Safety data and professional use

We supply the current Safety Data Sheet for every product in your consignment, and you can request any sheet at any time from our Safety Data Sheets page.

By ordering, you accept responsibility for:

• Reading the Safety Data Sheet before handling the material.
• Making it available to everyone who handles, stores or applies it.
• Storing the material as the sheet specifies, including keeping catalyst separate from resin and away from heat and ignition sources.
• Providing appropriate protective equipment and ventilation.
• Disposing of surplus material and containers lawfully.

Do not decant our material into unlabelled containers. If you repackage it, the labelling obligation becomes yours.

6. Title, risk and inspection

Risk passes to you on delivery. Title passes when we have received payment in full.

Inspect your shipment on arrival. Report visible damage or shortage within 5 business days, in writing, with photographs where there is damage. Note damage on the carrier's paperwork at the point of delivery, because a clean delivery receipt makes a freight claim very difficult to win.

7. Returns and cancellations

Opened containers of coating material cannot be returned. Once a seal is broken we cannot verify the contents, the contamination status or the storage history, and we will not resell material we cannot vouch for.

Unopened, undamaged stock items in original packaging may be returned within 30 days with our prior written authorisation. Return freight is yours to arrange and pay for, it must comply with dangerous goods regulations, and a restocking charge may apply. Made-to-order batches and custom colours are not returnable.

You may cancel before we mix your batch. After mixing, the order stands.

None of this limits your rights where material is defective. See section 8.

8. Warranty and its limits

We warrant that our material conforms to its published technical specification at the time of dispatch and is free from manufacturing defect. If material fails that standard, we will replace it or refund it, at our option. That is the remedy we offer for defective material.

We do not warrant the performance of a coating we did not apply and did not specify. Coating performance depends on surface preparation, film thickness, ambient and substrate conditions at application, cure time before service, and the accuracy of the specification. Most premature coating failures are preparation or application failures rather than material failures. Where we have specified the system and a certified applicator has applied it with a complete QA record, ask us about project-specific assurance.

To the fullest extent permitted by law, we exclude all other warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose. We are not liable for indirect or consequential loss, including lost production, lost revenue, vessel downtime or drydock costs. Our total liability for any order will not exceed the amount you paid for that order. Nothing here excludes liability that cannot lawfully be excluded.

Claims must be raised within 12 months of delivery.

9. Taxes and exemption certificates

Sales tax is added where we are required to collect it. If you are buying for resale or hold a valid exemption, send your certificate to info@polyflake.com before you pay. We can refund tax already charged once we have a valid certificate on file, but it is a great deal simpler to send it first.

For international orders, duties, import taxes and customs clearance are yours unless the quote says otherwise.

10. Governing law and contact

These terms are governed by the laws of the State of Florida, and the courts of Miami-Dade County, Florida have exclusive jurisdiction.

If any provision is found unenforceable, the rest continues to apply. Our quote and these terms together form the whole agreement for a material order. Your own purchase order terms do not apply unless we have accepted them in writing.

We may update these terms. The version that applies to your order is the version published when you accepted the quote.