Terms and Conditions
WHEREAS, you acknowledge that O.C.R. Products, Inc. and its successors, assigns, insurers, parents, subsidiaries, predecessors, divisions, related or affiliated companies and their respective current and former owners, shareholders, officers, members, principals, directors, agents, supervisors, managers, re-insurers, employees, representatives, attorneys, agents and assigns (collectively “OCR”) manufactures for distribution products and materials to be used in the installation, repair and/or maintenance of stone and epoxy floors, including, but not limited to, repair kits, topcoat kits, and accessory kits (the “Products”); and
WHEREAS, you acknowledge that he will be purchasing the Products without any warranty, including any express or implied warranty;
WHEREAS, although you are purchasing Authentic NATURE STONE® Brand Flooring products, you may not state that you have, sell and/or are installing NATURE STONE® Brand Flooring;
WHEREAS, you acknowledge your desire, without training, to purchase the Products for use in the installation, repair and/or maintenance of stone and epoxy floors subject to the terms and conditions below.
- You acknowledge that by checking the box to complete the sale and by purchasing product, that OCR is not responsible for any liability or damages as a result of the use, installation, repair and/or maintenance of the Products.
- You acknowledge that by checking the box to complete the sale and by purchasing product, you have chosen not to undergo training in regards to the use, installation, repair and/or maintenance of the Products.
- You acknowledge that by checking the box to complete the sale and by purchasing product, you shall indemnify and hold OCR harmless from any and all lawsuits or actions that concern or relate to the use, installation, maintenance, and repair of the Products by you or to anyone who you control, directly or indirectly, or sells to, directly or indirectly.
- You acknowledge that by checking the box to complete the sale and by purchasing product, you are responsible to ensure compliance with all local, state, and federal laws regarding the use of the Products, including the epoxy.
- You acknowledge that by checking the box to complete the sale and by purchasing product, you are responsible to pay for all tax, shipping and handling charges. You are responsible for the selection of the carrier to obtain the Products which shipping cost shall be solely your responsibility. OCR is not responsible or liable for any damage to the Products once the product is picked up by the shipping carrier.
- You acknowledge that by checking the box to complete the sale and by purchasing product, such purchase does not give you the right to use any of OCR’s trade names and trademarks, specifically, but not limited to, anything related to the well-known NATURE STONE® mark. This shall include, but is not limited to, any use of such trade names and/or trademarks on your websites, facilities, motor vehicles, equipment, signs, invoices, stationery, literature and advertising. You shall not represent itself as a dealer and/or of OCR’s products in any manner whatsoever.
- You acknowledge that by checking the box to complete the sale and by purchasing product, you may not market itself as selling and/or installing NATURE STONE® Brand Flooring. You, may not, in anyway, allude to or make anyone believe that either you have or are selling to anyone a NATURE STONE® Brand Floor or they use the same epoxy and/or material that is used in a NATURE STONE® Brand Floor. You are free to call any name that you choose, provided that name does not infringe either directly or indirectly on the well-known NATURE STONE® mark. This shall include, but is not limited to, using the term “Natural Stone.” Further, the name that is used shall not in any way be connected to or refer to any competitor’s product.
If, for any reason whatsoever, you violate this Section, you agree to pay to OCR a penalty of $25,000.00 per violation, per occurrence or the total value of all products used, purchased, installed or marketed in violation of this section, whichever is greater (“penalty”). This penalty is in addition to and is not a substitute for any other legal remedy allowed by law. You specifically agree that this penalty shall not, in anyway, be construed as to prevent the OCR from being able to obtain any, preliminary, temporary or permanent injunction or restraining order such that this penalty shall not be used or construed in any way to establish that the OCR has an adequate remedy at law.
- You acknowledge that by checking the box to complete the sale and by purchasing product, all individual images of stones are for illustrative purposes only. The actual features of a specific stone type when installed, such as color and/or size, may vary from the images that are being viewed.
All stones are natural stones and are not altered in their appearance. All of the stones pictured are products of nature and are quarried directly from the earth's crust in which every stone is unique. As a result, you agree and accept, “AS IS,” in its present natural and physical condition, the stone color you chose. You acknowledge that this stone WILL exhibit degrees of color variations or color changes and/or size variations. Thus, color variations or changes will appear and should be anticipated and expected.
- You acknowledge that by checking the box to complete the sale and by purchasing product, OCR does not make any representation, claim or warranty that the Products that you are purchasing are 100% compatible with any stone and epoxy flooring material. OCR makes no representation of any kind, express or implied, regarding the merchantability of the product or fitness for any particular purpose. OCR shall not be liable for any incidental or consequential damages resulting from the use, the failure to follow, instructions or the misuse of the Products.
OCR MAKES NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED WITH RESPECT THERETO, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN WHICH THESE WARRANTIES ARE SPECIFICALLY DISCLAIMED. IF, BY OPERATION OF LAW, SOME STATES AND/OR PROVIDENCES DO NOT ALLOW AN IMPLIED WARRANTY FROM BEING DISCLAIMED, THEN SUCH DISCLAIMER WILL NOT BE EFFECTIVE AND SUCH DISCLAIMER MAY NOT APPLY TO YOU. HOWEVER, IN SUCH CASES WHERE AN IMPLIED WARRANTY MAY NOT BE DISCLAIMED, THEN ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN TIME FOR A PERIOD OF SIX MONTHS FROM THE DATE OF PURCHASE. NO WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WILL APPLY AFTER THE EXPIRATION OF THE SIX-MONTH PERIOD. SOME STATES AND/OR PROVIDENCES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU.
TO THE EXTENT PERMITTED BY LAW, OCR SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES WHICH MAY RESULT FROM A DEFECT OR WHETHER BASED ON BREACH OF EXPRESS OR IMPLIED WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATED PROFITS INCLUDING LOSS OF PROFITS ON CONTRACT, LOSS OF USE OF MONEY, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF GOODWILL, LOSS OF REPUTATION, OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWEVER CAUSED INCLUDING THE REPLACEMENT OF PROPERTY. HOWEVER, IN ANY EVENT, THE MOST YOU MAY COLLECT FROM OCR IS THE TOTAL VALUE OF THE PRODUCTS PURCHASE. THIS EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES MAY NOT APPLY WHERE IT IS PROHIBITED BY STATE OR PROVINCIAL LAW. IF YOUR STATE OR PROVINCE DOES NOT ALLOW THE ABOVE EXCLUSIONS OR LIMITATIONS, THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
- All sales are final. There are NO RETURNS, REFUNDS OR EXCHANGES.
- You acknowledge that by checking the box to complete the sale and by purchasing product, that this acknowledgement and all of its terms, provisions and conditions as well as the rights of the parties hereunder shall be governed by, and construed in accordance with, the applicable laws of the State of Ohio, without regard to the conflicts of laws provisions thereof. The rule of construction that any ambiguities herein are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.
- You acknowledge that by checking the box to complete the sale and by purchasing product, that this acknowledgment is being signed and all transactions are deemed to take place in the City of Bedford, Cuyahoga County, and State of Ohio. Unless prohibited by law, you agree that any action, suit or proceeding in respect of or arising from or out of the purchase being made or this acknowledgement, its making, validity, or performance, shall, be prosecuted as to all parties ONLY in Cuyahoga County, Ohio. As such, the Federal District Court for the Northern District of Ohio and/or the Cuyahoga County Court of Common Pleas shall have both the exclusive jurisdiction and venue in any lawsuit brought pursuant to the purchase being made and/or the terms of this acknowledgement and any lawsuit shall be brought and situated only in those Courts.