STANDARD CONTRACT TERMS
The following standard contract terms shall apply to all deliveries and offers of Clear-Coat LLC. Counter-confirmations of the buyer with reference to its own standard or sales terms and conditions are hereby objected to. Any deviations to these standard terms shall only be effective if Clear-Coat LLC has confirmed such deviations in writing.
2. Offers and Object of the Contract
Our offers shall not be binding in relation to performance, quantity and collateral performance. The offer regarding quantity of supply shall be limited to the inventory on hand and is made in the form of a non-specific obligation limited by individual contract. We hereby expressly reserve the right to make technical modifications.
3. Prices, Postage and Packaging, Partial Delivery
(1) Generally, our prices shall be those referred to in our product basket on our website at the time of order. Prices that deviate from this, which may be seen on pages that were downloaded from intermediate storage facilities (Browser-Cache, Proxies), may not be current and are thus invalid. We reserve the right to correct prices that result from typographical errors or errors in calculation. In the absence of any express agreement in writing to the contrary, our prices shall be effective from the distribution center excluding packaging, shipping, and handling. The customer shall bear any postage, packaging, and handling costs.
(2) The price of products that are marked as "announcement(s)" or "pre-release(s)" shall be based on non-binding information by suppliers or manufacturers and shall be subject to change until such time as the product comes on the market. Pre-announced products may be purchased at the current published price, but Clear-Coat LLC cannot guarantee the price or appearance of the product or the date when the product shall appear on the market. In the event of modifications, Clear-Coat LLC shall be obligated to consult with the customer prior to processing the order. If the customer does not agree with the modifications, the order shall not be filled.
(3) Packaging materials shall become the property of the customer and will be charged by Clear-Coat LLC in the postage and packaging costs.
(4) Costs for postage and packaging will depend on the form of shipment, form of payment, weight and shipping destination. They will be calculated and displayed in the product basket prior to any online order or, in the event of an order by telephone, fax, or any other medium, they shall be quoted and shown separately on the invoice. The mode of shipment shall be made from possible choices, absent express choice by the customer.
(5) In the event of partial shipments that have been arranged or offered by Clear-Coat LLC, the customer will be alerted to additional shipping costs, and may agree to additional shipping, wait for shipment consolidation, or cancellation of all ordered items not yet shipped. In the event of shipment consolidation, the customer agrees to pay all postal, packaging, and handling costs, calculated at time of agreement on shipment consolidation. In the event that a customer wishes for shipment in specific lots, the additional costs for the shipment of each lot shall be borne by the customer. An overview of the applicable shipment and payment options as well as the relevant basic prices shall be published on our website. (6) If an item becomes lost or damaged during the course of shipping Clear-Coat LLC’s scope of responsibility is limited to the decision made by the courier. In the event that the courier decides the package was not stolen, lost or otherwise mishandled, Clear-Coat is not responsible for replacing the item, nor is Clear-Coat under obligation to refund or return any payments made by the customer.
4. Delivery Period
(1) In the event that a delay occurs after an order has been made, the customer may be informed by e-mail, telephone, or fax. The customer is entitled to cancel his/her order or to make modifications to such order free of charge at any time before the product is shipped, unless otherwise agreed.
(2) In the event that delivery is impossible, without this being the responsibility of anyone, Clear-Coat LLC shall be entitled to terminate the contract. The customer shall not be entitled to damages as a result thereof.
5. Passage of risk and Returns
(1) If the customer picks up the goods at the premises of Clear-Coat LLC, then the risk of accidental loss or accidental damage to the goods shall pass from Clear-Coat LLC to the customer at the time when the goods are transferred to the customer. In all other cases, this risk shall pass to the customer as soon as the goods have been delivered to the customer by the company that was commissioned to deliver said goods.
(2) The Clear-Coat LLC return period shall begin at the time when the goods are delivered. The statutory return provisions shall apply. The periods of limitation for statutory claims for defects shall be 45 days after delivery insofar as the customer is not a merchant.
(3) If the customer is a merchant the limitation period for return claims against Clear-Coat LLC is 7 days after delivery. After 7 days, the return of merchandise is subject to the Clear-Coat LLC Inventory Buyback, at a buyback percentage rate set by Clear-Coat LLC at the time of original sale.
(4) Clear-Coat LLC shall not be liable for normal wear and tear of goods or defects which are a result of incorrect or negligent handling or treatment or which are caused by unusual conditions of use.
(5) If the delivered item has been used, applied, or modified by the customer or by a third party without written approval by Clear-Coat LLC, all return rights shall expire.
(6) Alterations of design and form which are a result of technology improvements or demands of the legislature shall be reserved during the delivery period, provided that the item to be delivered is not substantially altered or modified and that the customer can reasonably be expected to accept such modifications.
6. Restrictions on Liability
(1) The following restrictions on liability shall not apply to damage which occurs as a result of intentional acts or gross negligence or damage to life, body or health.
(2) Any loss of data, damages to purchased item, or damage to items which may interact or be used in conjunction with purchased items, are the sole responsibility of the user. Clear-Coat LLC in no form bears responsibility for damages as stated in Sentence 1. After delivery of items, Clear-Coat LLC is not responsible for misuse, accidental operation of items, or any losses, tangible or virtual, that may result.
(3) Installation of purchased item (Clear-Coat) is the sole responsibility of the user. Data loss, physical damage, liquid damage, or any damages resulting in installation of Clear-Coat are not covered by Clear-Coat LLC, its resellers, or its warranties – installation and any possible resulting damages are the responsibility of the installer.
(1) Unless otherwise agreed, all invoices by Clear-Coat LLC shall be payable immediately without any deductions.
(2) The customer shall be entitled to choose among several different payment options which shall be offered depending on the order amount, the mode of delivery, the shipment address, and the preferences specified in the customer's account. The various methods of payment are displayed in the product basket. No forms of payment other than those stated in the product basket will be accepted, unless expressly stated in writing and agreed upon by Clear-Coat LLC.
(3) Clear-Coat LLC hereby reserves the right to fill the order only against cash on delivery or payment in advance in individual cases or in the event that a bank or an offeror of the respective payment mode has rejected payment. In such cases, the customer shall be entitled to accept or revoke his/her order.
(4) Costs which arise as a result of reversing a payment transaction for lack of funds or as a result of data transmitted incorrectly by the customer shall be charged to the customer.
(5) Checks shall only be accepted as payment as related to warranty claims and can be refused at any time. In each case, the acceptance of checks shall be deemed to constitute payment only after they have been cashed.
(6) Any set-off of counterclaim shall not be permitted unless proven at law or if accepted by Clear-Coat LLC. The retention of payments by the purchaser for counterclaims resulting from unrelated contracts shall be excluded.
8. Reservation of Title
All items delivered by Clear-Coat LLC remain its property until such items have been paid in full and all claims resulting from any given transaction have been met. This shall also apply to conditional claims.
If the customer is a business or merchant, the following provisions shall apply: seizures by third parties of items owned or co-owned by Clear-Coat LLC must be notified by the customer immediately. Any costs arising in relation to judicial proceedings or settlement out of court which Clear-Coat LLC undertakes to secure its rights shall be borne by the customer. The customer shall assign as a security all claims (including all claims for balances under the current account) which arise in connection with the items being sold on or on any other legal grounds to Clear-Coat LLC. The customer is hereby irrevocably entitled to collect on its behalf and for its account all claims assigned to Clear-Coat LLC. This direct debit authorisation may be revoked if the customer does not meet its payment obligations in an orderly manner.
9. Clear-Coat LLC Return Policy
The following applies only to end-user and consumer sales, and is not valid for resellers, distributors, or partners of Clear-Coat LLC.
Clear-Coat LLC will accept returns on all unused product within 45 days of delivery to the customer. Shipping fees are not refunded – only product purchase price. In order to be eligible for a total product price refund:
(1) The item must be delivered to Clear-Coat LLC within 45 days of delivery to the customer.
(2) All Clear-Coat pieces must still be affixed to the backing sheet, having never been used or removed.
(3) All product packaging, manuals, and installations must be in-tact, in good condition, and present with the return.
Any deviation from these terms will incur a 20% restocking fee. Missing pieces will be charged to the customer above and beyond these restocking fees, at a rate that is the total price of the Clear-Coat, divided by the number of pieces present when initially shipped to the customer. IE – A $25 Clear-Coat which is made of 5 separate pieces made for installation will be charged at $5 ($25 divided by 5) per missing piece.
10. Clear-Coat Lifetime Warranty
You are provided with a manufacturers warranty with Clear-Coat LLC, valid for as long as you own the original device for which Clear-Coat was purchased. Clear-Coat LLC’s Lifetime Warranty is not transferable, and is only valid for the original device and the original device owner. This warranty protects the consumer against defects in the Clear-Coat, such as peeling, cracking, fading, or other film-related defects. This warranty also protects the consumer from damage to the Clear-Coat film as a result of poor installation, but does not protect any item or device other than the Clear-Coat film. The fee for all warranty claims, as related to Clear-Coat Film, is $3.95, payable to Clear-Coat LLC. It is the customer’s responsibility to return all damaged film pieces, along with a check for $3.95, in order to be eligible for this warranty.
11. Assignment of Claims
The customer shall not be entitled to assign his/her claims under this contract.
12. Data Protection
(1) Our data protection procedures are in conformity with the Federal Trade Commission's (FTC) Privacy Act. Customer information will never be sold or shared with a third party, unless required in certain processes to complete an order. Any information that will be sent to a third-party in relation to credit or personal payment information will be encrypted and transferred securely.
(2) The customer hereby authorises Clear-Coat LLC and agrees that Clear-Coat LLC may process, store and evaluate, within the scope of the current data protection laws, the customer data which it receives in connection with the business relationship.
(3) Clear-Coat LLC saves and uses personal customer data to process orders and potential complaints. Clear-Coat LLC shall use the customer’s e-mail address only for information letters which accompany the orders, for customer care purposes and, if desired by the customer, for its own newsletters.
(4) Clear-Coat LLC shall not forward any personal customer data to any third parties. An exemption hereto exists for such service partners which require the transfer or data to process its orders. In these cases, the scope of the transmitted data shall be restricted to the necessary minimum.
(5) The customer shall be informed about and be given the opportunity to correct, block and delete his/her personal data.
(1) These standard terms and conditions contain all rights and obligations of the contract parties. Any other agreements or declarations of intent by the contract parties must be in writing. This shall include any amendment to or modification of this form requirement.
(2) If the customer is a business or merchant, Philadelphia, Pennsylvania shall be the exclusive venue for all legal disputes between the contract parties, including all lawsuits in connection with bills of exchange and checks.
(3) The state and federal laws of Pennsylvania, and the United States, respectively, shall exclusively apply.
(4) In the event that one or several of the above provisions is or becomes invalid, the validity of the remaining provisions shall not be affected. Invalid provisions shall be replaced by such provisions which are valid and come closest to the commercial purpose intended by the parties.
3901B Main St
Suite 106, Floor 1
Philadelphia, PA 19127
Tel.: +1 215 325 0747
Fax.: +1 484 450 2500