Hydro-Dip, LLC Terms and Conditions of Sale

1. Qualifications

Any Water Transfer Printing (WTP) processor actively engaged in (a) decorating as an OEM manufacturer, (b) selling WTP decoration services, or (c) decorating for non-commercial purposes (i.e., for personal use or enjoyment of WTP-decorated products), regardless of which WTP process used, can be a member of Hydro-Dip, LLC (referred to as the “Customer” for purposes of these Terms and Conditions of Sale (the “Agreement”)) provided such processor agrees to, and complies with, the following terms and conditions.

2. What Hydro-Dip Customers Can Expect from Hydro-Dip, LLC

• On-hand material inventory that supports same day and next day shipping (subject to the terms and conditions of Section 8 below).

• Free help desk technical processing support resources for Hydro-Dip certified WTP processors.

3. Prices

All products purchased will be invoiced according to the current price schedules as published at www.hydrodip.com. All prices (a) include all applicable discounts and (b) are subject to change without prior notice to the Customer.

4. Purchase Order Submission

Purchase orders submitted by Customer (“Purchase Orders”) must include Hydro-Dip product pattern number or part number, quantity, correct price, and any and all other pertinent information. Purchase Orders must be emailed to [email protected] or submitted via other approved methods. Hydro-Dip reserves the right to reject Purchase Orders if the Customer is not in good standing for any reason.

5. Back Orders

We strive to ship all Purchase Orders complete. Should an out-of-stock situation arise, backorders will be delivered (subject to Section 8 below) within a commercially reasonable period of time, not to exceed four weeks from the date that the Purchase Order is received. Hydro-Dip reserves the right to proceed with partial shipments if the Purchase Order does not specify otherwise.

6. Changes and Cancellations

Once a Purchase Order has been submitted, changes or cancellations cannot be made by the Customer. Additions to the Purchase Order will be treated as a new Purchase Order and all relative charges will apply.

7. Payment Terms

Payment is due in advance of delivery and can be made by company check, money order, personal check, Discover, VISA, or MasterCard. In the event of any payment default or returned check, all unpaid balances become immediately due and payable, subject to a monthly finance charge of 1.5% simple interest or the maximum interest rate allowed by law. Customer shall also reimburse Hydro-Dip for any bank fees associated with returned checks.

8. Shipping, Packing, and Handling

• FOB Terms: All products are sold FOB (Free on Board) shipping point, which includes our warehouse or any third-party location shipping on behalf of Hydro-Dip. Once products are placed in the possession of the carrier, the risk of loss or damage passes to the Customer, regardless of the origin of shipment.

• Third-Party Shipping Liability: Hydro-Dip utilizes third-party vendors to ship certain products on its behalf. Hydro-Dip acts as a facilitator in these transactions but does not assume responsibility for the performance, delivery timelines, or failures of third-party vendors. Any disputes regarding delivery or non-delivery of such products must be resolved directly between the Customer and the third-party vendor. Hydro-Dip will assist the Customer by providing vendor contact information and relevant shipping documentation.

• Limited Responsibility: Hydro-Dip is not liable for damages, losses, or expenses resulting from the failure of third-party vendors to fulfill orders. Customers agree to hold Hydro-Dip harmless from any claims, lawsuits, or financial losses arising from third-party vendor failures.

• Refunds and Cancellations: Refunds or cancellations for items not fulfilled by third-party vendors are not the responsibility of Hydro-Dip. Customers must address refund requests directly with the third-party vendor, as outlined in this Agreement.

• Packing and Handling Fees: A $1.99 packing and handling fee applies per order. For Accessory Packs and Roll Offs, a single $1.99 packing and handling fee applies per Purchase Order.

• Hazardous Materials: Hazardous materials charges imposed by the carrier and/or hazardous materials packaging charges by Hydro-Dip are the responsibility of the Customer.

• Shipping Timelines:

  • Purchase Orders received by 2:00 PM PST with expedited freight will be shipped the same day if products are in stock.
  • All other in-stock orders will ship within 24 hours.
  • Out-of-stock products may take 3-4 weeks for delivery.

• Refused Shipments: If the Customer refuses a shipment, they are financially responsible for all related fees, including a 15% restocking fee.

9. Processing Time

• Standard Processing Time: Standard processing time for completion of jobs is 4 weeks. The nature of custom work at times requires less or more than 4 weeks to complete projects. Expedite Service is available (see below). Customers are advised to refrain from inquiries relating to project status before this time period. Hydro-Dip will contact customers the day their project is complete to collect credit card payment before shipping the product. If pre-payment has been made, Hydro-Dip will inform customers of completion when the product ships.

10. Shopping Cart Orders

• Orders arriving before noon Mountain Time often will ship same day. Orders arriving after noon generally ship the following day. Expedite shipping options are handled on a per-case basis. Hydro-Dip ships to the lower 48 states only. All hazmat chemicals ship via ground services. Orders with film only can ship USPS 3-day priority mail.

11. Expedite Service

• It is very rare that product can be turned in less than 1 week due to cure times relating to paint and our process. Requests for product short of our standard 4 weeks are subject to fees that will be determined on a per-case basis.

12. Shipping or Invoicing Errors

Errors must be reported within two business days of delivery or invoice receipt. Hydro-Dip reserves the right not to recognize or correct errors reported after this period.

13. Risk of Loss

Upon placing goods into the possession of a carrier, any subsequent damage or loss becomes the Customer’s responsibility.

14. Disclaimer & Exclusion of Implied Warranties

Hydro-Dip disclaims the implied warranty of fitness for a particular purpose and all other implied warranties, except the implied warranty of merchantability as applicable by law.

15. Limitation of Remedy

Hydro-Dip’s liability is limited to:

• Repair or replacement of defective products; or
• Refund of the purchase price upon return of defective products.

Hydro-Dip will not be liable for lost profits, consequential, incidental, or punitive damages.

16. Returned Goods

Goods may be returned only with Hydro-Dip’s written permission and an RMA issued. All returns must be prepaid by the Customer and are subject to a 15% restocking fee.

17. Resale Restrictions

Customer may not resell or give away unused Hydro-Dip film without prior written consent.

18. Governing Law and Choice of Forum

This Agreement is governed by the laws of Oregon. Any disputes shall be resolved in state or federal courts located in Baker County, Oregon.

19. Assignment

Hydro-Dip may assign its rights and obligations under this Agreement at any time. Customer may not assign rights or obligations without Hydro-Dip’s prior written consent.

20. Severability

If any term is deemed invalid or unenforceable, the remaining terms remain in effect.

21. Entire Agreement

This Agreement constitutes the entire agreement between Hydro-Dip and Customer, superseding all prior agreements.

22. Amendments

Hydro-Dip may amend this Agreement by notifying the Customer in writing or via email. Submission of any Purchase Order after notification constitutes acceptance of the amended terms.