|TERMS AND CONDITIONS OF SALE
TERMS OF SALE
Sherwin-Williams may revise these terms and conditions at any time in its discretion. Sherwin-Williams may revise or discontinue products available on this site at any time without prior notice.
All returns must be made within 30 days. A return authorization number must accompany all returns. Damaged or defective product will be picked up and replaced at no charge to the customer. All other returns will be subject to a 20% restocking fee and the customer will be responsible for shipping the merchandise back to the vendor. Credit will be made to the customer's account upon receipt of delivery to vendor. Please call us at 1-800-532-3569 to answer any questions or to request a return authorization number.
SHIPPING CHARGES; SALES TAX
Wallcovering orders placed on line are shipped free of charge and are not subject to standard ground shipping charges. Wallcovering orders placed on line are subject to a processing/handling fee of $8.00 per order. No orders will be processed or accepted until payment in full is received. We are required by law to collect all applicable taxes based on where your order is being shipped or delivered. Your invoice will include complete product pricing, all applicable handling costs and sales taxes. If you are claiming an exemption from sales tax, you must place your order through the local Sherwin-Williams store and provide the store that processes your invoice with a valid exemption certificate.
PAYMENT TERMS – Payment for wallcovering orders placed online are processed through a major credit card, Visa, Master Card, American Express, Discover.
All available product will ship within three business days. Customers will be advised of an estimated ship date on any backordered product within four to five business days. Title and risk of loss for the products passes to the Customer upon shipment from the Sherwin-Williams facility.
OSHA HAZARDOUS SUBSTANCE & CALIFORNIA PROPOSITION 65 PRODUCT INFORMATION
Material Safety Data Sheets (MSDS) for OSHA defined hazardous substances for Products manufactured by Sherwin-Williams are available through this Site using our MSDS Catalog.
Upon showing of proof of purchase, Sherwin-Williams will accept the return of Products, excluding tinted paints, stains and other coatings and opened or cut rolls of wallcovering, provided Purchaser returns any such Products to a Sherwin-Williams retail store within thirty (30) days of purchase. Any returned special order wallcoverings will be subject to a 25% re-stocking fee based on the purchase price paid for such Products.
EXCEPT FOR PRODUCTS MANUFACTURED BY THIRD PARTIES OTHER THAN SHERWIN-WILLIAMS, NO WARRANTY OR AFFIRMATION OF FACT, EXPRESS OR IMPLIED, OTHER THAN AS SET FORTH IN THIS SITE IN REFERENCE TO A SPECIFIC PRODUCT IS MADE OR AUTHORIZED BY SHERWIN-WILLIAMS REGARDING THE PRODUCTS. SHERWIN-WILLIAMS HEREBY EXPRESSLY DISCLAIMS ANY LIABILITY FOR PRODUCT DEFECT CLAIMS THAT ARE DUE TO PRODUCT MISUSE, IMPROPER SURFACE PREPARATION, IMPROPER PRODUCT OR COLOR SELECTION OR MISAPPLICATION. SHERWIN-WILLIAMS HEREBY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRODUCT.
LIMITATION OF LIABILITY
SHERWIN-WILLIAMS SHALL HAVE NO LIABILITY FOR CONSEQUENTIAL, INCIDENTAL AND/OR SPECIAL DAMAGES REGARDING THE SALE OR USE OF A PRODUCT EVEN IF THE POTENTIAL FOR SUCH DAMAGES HAS BEEN DISCLOSED TO SHERWIN-WILLIAMS. SHERWIN-WILLIAMS' LIABILITY FOR PRODUCT DEFECT CLAIMS SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO PURCHASER. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO PURCHASER. THIS WARRANTY GIVES PURCHASER SPECIFIC LEGAL RIGHTS, AND PURCHASER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
COLORS MAY VARY BY PRINTER AND MONITOR. SHERWIN-WILLIAMS RECOMMENDS PURCHASING A SAMPLE FOR BEST COLOR MATCHING RESULTS.
Many states and localities have codes and regulations governing sales, construction, installation, and/or use of products for certain purposes which may vary from those in neighboring areas. As such, not all Products may be sold by us in all jurisdictions. While Sherwin-Williams attempts to assure that Products it manufactures comply with such codes Purchaser acknowledges that Sherwin-Williams cannot be responsible for how a Product is used. Before Purchaser purchases and uses a Product, Purchaser should review the applicable Product Data Sheet information and applicable national and local codes and regulations and be sure that Purchaser's use of the Product will comply with the same.
Due to government regulations and product availability, not all Products manufactured by Sherwin-Williams are available in every area.
Sherwin-Williams' ability to keep Product information accurate and up-to-date is limited by the ability and willingness of manufacturers and other industry sources to provide product information. SHERWIN-WILLIAMS MAKES NO WARRANTIES, EXPRESS OR IMPLIED AS TO THE ACCURACY OF ANY DATA REGARDING PRODUCTS MANUFACTURED BY THIRD PARTIES.
Wallcovering on-line orders are transmitted electronically and therefore cannot be changed or cancelled.
Purchaser shall not assign any order for a Product, or any interest therein, without the prior written consent of Sherwin-Williams. Any actual or attempted assignment without Sherwin-Williams' prior written consent shall entitle Sherwin-Williams to cancel such order without liability.
PURCHASER'S REPRESENTATIONS AND WARRANTIES
Purchaser represents and warrants that (a) Purchaser is at least 18 years of age; (b) Purchaser possesses the legal right and ability to enter into this Agreement and make the credit card charge on your own behalf or on behalf of any person for whom you are acting as agent; (c) all information you submit to us is true, accurate and current. Purchaser agrees to abide by all applicable laws and regulations.
TRADEMARKS AND COPYRIGHTS
Purchaser acknowledges that it has no right, title or interest in the trademarks, copyrights or other intellectual property rights of Sherwin-Williams as regards the Products, and Purchaser covenants that it will take no action to register or otherwise interfere with any such rights.
Sherwin-Williams shall not be liable for any delay in or impairment of performance resulting in whole or in part from any Acts of God, severe weather conditions, labor disruptions, governmental decrees or controls, insurrections, war risks, shortages, inability to procure or ship a Product or obtain any necessary government permits, licenses, supplies or raw materials, or any other circumstances or causes beyond the control of Sherwin-Williams in the conduct of its business.
If any provision of these Terms and Conditions of Sale shall be deemed illegal or unenforceable, such illegality or unenforceability shall not affect the validity and enforceability of any other provisions hereof, which together shall be construed as if such illegal and unenforceable provision or provisions had not been included herein.
GOVERNING LAW; LIMITATIONS
The relationship between Purchaser and Sherwin-Williams in relation to the Products shall be governed by and construed in accordance with the laws of the State of Ohio, United States of America. Any legal action with respect to any transaction must be commenced within one year after the cause of action has arisen. The provisions of the Uniform Commercial Code as adopted by the State of Ohio shall apply. The provisions of the Convention on the International Sale of Goods (CISG) are specifically excluded.
Actions by Sherwin-Williams for nonpayment by Purchaser of the purchase price of Products sold by Sherwin-Williams, or for redress of other breaches by Purchaser of these Terms and Conditions of Sale, may be brought by Sherwin-Williams, at its option, before any court of competent jurisdiction in the State of Ohio. At Sherwin-Williams' option, disputes between Purchaser and Sherwin-Williams, including all claims for non-performance by Sherwin-Williams, shall be finally settled by arbitration in Cleveland, Ohio, USA, under the Rules of the American Arbitration Association, which Rules with respect to matters not regulated by them shall incorporate the UNCITRAL arbitration rules by one or more arbitrators appointed in accordance with said Rules applying these Terms and Conditions of Sale and consistent provisions of the laws (except conflict of law rules) of the State of Ohio, USA.
©2005 The Sherwin-Williams Company