TERMS OF SALE
Last updated: October 6th, 2022
About Our Terms of Sale
The following terms (“Terms of Sale”) govern purchases made by any person (including consumers) on the Exacoat (“Exacoat”, “we”, “us”, “our”) website, available at https://v2.exacoat.com (the “Website”). Please review these Terms of Sale carefully. By proceeding to place an order, you agree to be bound by all the Terms of Sale set forth herein. If you do not agree with these Terms of Sale, do not place an order on the Website. A copy of these Terms of Sale may be downloaded, saved and printed for your reference.
Ordering Process
To place an order on the Website, you can register and create an account or you can place an order as a guest. Receipt of your order will be confirmed via an automatic email to the email address associated with your account (or, if you are a guest, to the email address you provide to us when you place your order). Such email is a confirmation that your order has been received by Exacoat. Exacoat reserves the right, at its sole discretion, to cancel or refuse any order for any reason. Once Exacoat receives payment and ships your order, you and Exacoat will be parties to a legally binding contract that consists of your invoice and these Terms of Sale.
Some situations that may result in your order being cancelled or refused are (i) limitations on quantities available for purchase; and (ii) inaccuracies or errors in product or pricing information. We may also require additional verifications or information before accepting any order. Exacoat will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, we will issue a credit in the amount of your charge to your credit card.
Prices and Currency
The prices displayed on the Website are shown in Indonesian Rupiah, United States dollars, Euro, Japanese Yen, and Indian Rupees. Shipping and handling fees are listed. You are responsible for the payment of any shipping and handling charges and any federal or provincial taxes that may apply to your order. These charges are added after the order are on arrival and billed directly from your customs duty.
All amounts payable pursuant to the contract formed by the invoice and these Terms of Sale are in Indonesian Rupiah (IDR) and United States dollars (USD).
Payment Method
You may pay for your purchase using BCA, Mandiri, QRIS payment, Visa or MasterCard credit card or via PayPal. You authorize Exacoat to charge the applicable card the amount of the invoice. You represent and warrant that you are the authorized cardholder of the applicable credit card or account holder of the PayPal account. If your card is rejected by the card issuer or your payment is rejected by PayPal, your order will not be shipped and Exacoat will have no obligation to fulfill your order. All billing and registration information provided by you to Exacoat must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms of Sale.
Availability and Descriptions
The purchase of products on the Website is subject to their availability. In the event that the product you request is not available at the time of your order, Exacoat will have no obligation to fulfill your order and you will have no obligation to pay Exacoat for the order. Although we strive to update and keep accurate product and pricing information on the Website, errors and/or omissions may occur. In the event that an item is listed at an incorrect price or with incorrect information, Exacoat shall have the right, at its sole discretion, to refuse or cancel any orders placed for that item. If an item is incorrectly priced, we will notify you of such cancellation.
Products displayed on the website may not be available at all times and products and prices may be changed, and products substituted or discontinued at any time. While we attempt to provide an accurate description of items available for purchase on the website, we do not warrant the accuracy, completeness, reliability or currency of such descriptions.
From time to time, the Website may be down or otherwise unavailable for maintenance, upgrades or other purposes. Exacoat reserves the right to take the Website down, or otherwise make any changes to the URL or content therein, without notice to you. Exacoat is not liable to you for anything (including losses, costs, fees or expenses) in connection with the Website being unavailable.
Quantity Limits and Items for Resale
Exacoat reserves the right, at its sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to you should such limits be applied. Exacoat also reserves the right, at its sole discretion, to prohibit sales to dealers or resellers.
Title to Products
Once Exacoat receives payment for your order and the product(s) leave Exacoat’s facilities, the product(s) belong to you. In legalese, all right, title and interest in the product(s) included in you order transfers from Exacoat to you at that point.
Pick-Up / Delivery
Your order will be shipped to the delivery address specified by you during the order process, via the method of delivery specified by you. Legally, all risk of loss or damage to the product(s) you ordered is with you once the product(s) leave Exacoat’s facilities. Exacoat is not responsible for any loss of the product(s) following shipment from Exacoat’s facilities to your delivery address, however Exacoat is not a faceless corporation built on the foundation of robbing customers. If your product(s) get lost in transit, simply reach out to us via our Contact form and we’ll work with you to ensure you get what you paid for.
Undelivered Goods
If an order does not successfully arrive at the delivery address provided during checkout within the recommended time-frame specified in your Shipping Confirmation, please contact us. We’ll work with you to get a re-shipment processed and ensure that you receive the product you paid for. We do not provide any refunds based on undelivered items, as delivery is out of our control once an item has left our warehouse. Again, just send us a message through our Contact form if your item is undelivered and we will work with you to deliver what you paid for. Under no circumstances does Exacoat provide refunds to Freight-Forwarding addresses, as the nature of these delivery addresses is such that delivery is not only out of our control, but out of the scope of delivery by government-run local postal services.
No Warranties
Besides the 2-days Installation Warranty proposed by Exacoat, when you place an order, you buy the product(s) on an “as is” basis. To the maximum extent permitted by law, Exacoat disclaims all warranties with respect to its product(s), including any warranties of merchantability, non-infringement and fitness for a particular purpose. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.
Limitation of Liability
Exacoat’s liability under the contract formed by your invoice and these Terms of Sale shall be strictly limited to the total amount payable by you for the product(s) as set out in your invoice excluding any applicable shipping fees, handling fees, customs duties and taxes. In addition, Exacoat’s liability shall be further limited to actual damages suffered. Under no circumstances is Exacoat liable for SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES. This paragraph is intended to survive the termination, expiry or performance of this contract.
Language
By placing an order and entering into this contract with Exacoat formed by the invoice plus these Terms of Sale, you agree that said agreement and all related documents are to be drafted in the English language. The agreement may be translated into another language, but in the event of any diversion between the English version and any other version, the English version shall prevail.
Governing Law
The contract formed by the invoice and these Terms of Sale will be governed by the laws of Indonesia applicable therein without regard to the laws of any other jurisdiction. You and Exacoat agree to exclude applying to this contract the United Nations Convention on Contracts for the International Sale of Goods.
General
These Terms of Sale constitute the entire agreement between you and Exacoat with respect to your purchase of products through the Website. If any provision of these Terms of Sale is held to be invalid or unenforceable, such provision will be severed from the Terms of Sale and the remaining provisions shall remain in full force and effect. The delay or failure of Exacoat to act with respect to a breach by you or others of the contract created by these Terms of Sale does not constitute a waiver and shall not limit Exacoat’s rights with respect to such breach or any subsequent breaches. All waivers shall be in writing. Exacoat shall not be liable for any delay or failure to perform any of its obligations under these Terms of Sale if such delay or failure is due to causes beyond its control, such as by way of example, snowstorms, ice-storms, flooding, hurricanes and other inclement weather. You may not assign these Terms of Sale to any other person without the prior written consent of Exacoat. Exacoat may assign any of its rights hereunder to any other person or persons at any time without notice to you. These Terms of Sale will be binding upon and will ensure to the benefit of (i) you and your heirs, executor, administrator and other legal representatives; and (ii) Exacoat and its successors and assigns. Notwithstanding any other provision of these Terms of Sale, any provision of these Terms of Sale that imposes or contemplates continuing rights or obligations on you or us will survive the expiration or termination of the contract formed by the Terms of Sale and the invoice.
Honest Performance
You and Exacoat hereby agree to perform the obligations herein honestly. A party shall not mislead or misrepresent to any other person any matter in connection with this contract including the terms herein or any aspect of performance hereunder.
Notice
Notices to you may be made via email or some other form of electronic communication. , or In cases of changes to these Terms of Sale, by posting notices or links to such notices on the Website itself. You may send Exacoat a notice by using the Contact Form on the Website.
