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Terms & Conditions

Our Terms & Conditions of Sales

1. Prices

Prices are subject to change without notices.  Taxes and/or duties are not included in the sale price.  Most prices include shipping and handling (some products require a freight quote).

2. Sales Tax

The Overspray Market charges sales tax on purchases made in Oklahoma. Some of the manufacturer’s we work with may be required to collect sales tax in your state.  Provide your sales tax certificate for exemption.

3. Payment and Credit Terms

The Overspray Market accepts Visa, MasterCard, Discover, American Express, Amazon Pay, PayPal and PayPal Credit.  You may also opt to make a bank transfer. 

By authorizing your order at checkout, you give Overspray Market authority to request payment from your financial institution.  You further authorize your financial institution to honor this payment.  Credit card payments over $500 may be required to complete an additional Credit Card Authorization (CCA) form to include a manual signature (as opposed to digital signature).  The CCA form is intended to prevent fraudulent charges by ensuring the card holder acknowledges and approves the pending charges. 

The Overspray Market offers credit terms through PayPal Credit.  Terms and conditions of credit are established by PayPal and any agreement for credit is between you, the account holder, and the funding company.

Customer agrees to assume responsibility for, and unconditionally guarantees payment of, all purchases made by or on behalf of customer.

4. Credit Balance

If customer has a credit balance, Overspray Market will apply the credit to the customer’s account balance or via issue a refund.

5. The Overspray Market reserves the right to accept or reject any order.

6. All items are sold for domestic consumption in the United States.

If exported, purchaser assumes full responsibility for compliance with US export controls.

Shipping Policy

Pricing is freight based.  An order must ship to one address within the continental United States.  (Some manufacturers may ship to Canada or Mexico.  Contact us for details!)  All shipments are processed as standard ground, Best Way.  In some cases, expedited shipping may be available.

All items ship manufacturer or warehouse direct.  Lead times vary.  Refer to the product page for lead times.  Customer will receive an email with ship date within 24 hours.  Customer may inquire about current lead time before placing order.

Only wet film gauges, shipped with the US Postal Service, may be shipped to PO box addresses.

Title and risk of loss pass to customer upon tender of shipment to carrier.  A tracking number is provided for all orders.  Domestic carrier claims will be filed by the manufacturer (with proper evidence/documentation), excluding Ex-Works shipments.

Return Policy, Limited Warranty and Limitation of Liability

1. Return Policy

The Overspray Market works with a number of manufacturers and/or their master distributors, each of whom have their own return policies.  Contact the Overspray Market for a return authorization and instructions.  All returns must be submitted within 30 days of shipment.

Returned items must be in the original packaging and in saleable condition.

Returns may be assessed up to 25% restocking fee, depending on the manufacturer.

2. Freight Damages

Notify the Overspray Market of freight damages within 3 days of delivery.  If your order was shipped with UPS or FedEx, photograph the damages and submit your evidence to the Overspray Market.  The Overspray Market will notify the manufacturer who will use the evidence to file claim with the carrier.  If your order was shipped with an LTL carrier, notate the BOL before the carrier leaves.  The manufacturer will replace damaged goods.

3. Manufacturer Defects

Every manufacturer that works with the Overspray Market warrants their products against defects in workmanship or materials under normal use for a period of one year from the date of purchase. The manufacturer may return the product for inspection.  All defective products are replaced.

4. Manufacturer’s Warranty

For information on a specific manufacturer’s warranty, please contact the Overspray Market.

5. Product Compliance and Suitability

Jurisdictions have varying laws, codes and regulations governing construction, installation, and/or use of products for a particular purpose. Certain products may not be available for sale in all areas. The Overspray Market does not guarantee compliance or suitability of the products it sells with any laws, codes or regulations, nor does the Overspray Market accept responsibility for construction, installation and/or use of a product. It is customer’s responsibility to review the product application and all applicable laws, codes and regulations for each relevant jurisdiction to be sure that the construction, installation, and/or use involving the products are compliant.

Product Information

1. Catalog/Website Information

Product depictions in the catalogs and websites are for illustrative purposes only.  The Overspray Market reserves the right to revise publishing errors in its catalogs or any of its websites.

Despite our best efforts, occasional pricing errors may occur in the Overspray Market catalogs and websites. The Overspray Market reserves the right to cancel any and all orders resulting from such pricing errors, even if customer has received an order confirmation.

2. Occupational Safety and Health Administration (“OSHA”) Hazardous Substance

Safety Data Sheets (“SDS”) for OSHA defined hazardous substances are prepared and supplied by the manufacturers. The Overspray Market makes no warranties and expressly disclaims all liability to any customer or user with respect to the accuracy of the information of the suitability of the recommendations in any SDS.  Customer is solely responsible for any reliance on or use of any information and for use or application of any product.  SDS information is available upon request by contacting the Overspray Market.  When available, SDS are available for download from the “docs” tab of the product page.

General Terms

1. Force Majeure

The Overspray Market shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any force majeure event, including but not limited to acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, shortages, communication or power failures, fire, accident, explosion, inability to procure or ship product or obtain permits and licenses, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance or cause beyond the reasonable control of the Overspray Market in the conduct of its business.

2. No Third-Party Benefit

The provisions stated herein are for the sole benefit of the parties hereto, and confer no rights, benefits or claims upon any person or entity not a party hereto.

3. Waiver, Choice of Law and Venue

The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent non‑performance of any such term or condition by the other party. All transactions shall be governed by the laws of the State of Oklahoma, excluding its conflict of law rules, and venue shall either be in the state courts in Carter County, Oklahoma.

4. Severability

If any portion of these terms and conditions is found to be invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable term shall be severed from these terms and conditions, and the remaining terms and conditions shall be valid and fully enforceable as written.

5. Modification of Terms

The Overspray Market’s acceptance of any order is subject to customer’s assent to all of the terms and conditions set forth herein. Customer’s assent to these terms and conditions shall be presumed from customer’s initiation of the products ordered. No additions or modifications of the Overspray Market’s terms and conditions by customer shall be binding upon the Overspray Market, unless agreed to in writing by an authorized representative of the Overspray Market. If a purchase order or other correspondence submitted by customer contains terms or conditions contrary or in addition to the terms and conditions contained herein or in the Overspray Market’s acknowledgment, the Overspray Market’s fulfillment of any such purchase order shall not be construed as assent to any of the terms and conditions proposed by customer, and will not constitute a waiver by the Overspray Market of any of the terms and conditions contained herein or in the Overspray Market’s acknowledgment.

6. Complete Agreement

The terms and conditions in: (i) The Overspray Market’s forms, (ii) acknowledgments, (iii) quotations, (iv) invoices, (v) websites, (vi) catalogs are incorporated herein by reference, and constitute the entire and exclusive agreement between customer and the Overspray market.

Overspray Market Website Terms of Access

Please review these Terms of Access. All access to and use of this site and all websites (including mobile websites), applications, or other services on which these terms reside (collectively the “Overspray Market Property”), and the features at this Overspray Market Property, are subject to these Terms of Access (“Terms”). The Overspray Market Property is owned or controlled by the Overspray Market. By placing an order on this Overspray Market Property you agree to and are bound by the terms, conditions, policies and notices contained here (the “Terms”).

All information provided on this Overspray Market Property is subject to change without notice.

Indemnification

You agree to indemnify and hold the Overspray Market, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms.

Representations and Limitations of Liability

The Overspray Market makes no representations about the reliability of the features of this Overspray Market Property, the Content, User Content, or any other Overspray Market Property feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk.

The Overspray Market does not endorse, verify, evaluate or guarantee any information provided by manufacturers and nothing shall be considered as an endorsement, verification or guarantee of any published content.

Hypertext Links

This Overspray Market Property may be linked to other sites which are not maintained by Overspray Market. The Overspray Market is not responsible for the content of or Privacy or other policies governing those sites. The inclusion of any link to such sites does not imply endorsement, sponsorship, or recommendation by the Overspray Market of the linked sites. The Overspray Market disclaims any liability for links: (i) from another site to the Overspray Market Property and (ii) to another site from the Overspray Market Property.

Miscellaneous

These Terms will be governed by and construed in accordance with the internal laws of Oklahoma without regard to conflicts of laws principles. By using this site, you hereby agree that any and all disputes regarding these Terms will be subject to the courts located in Carter County, Oklahoma. These Terms operate to the fullest extent permissible by law. Accessing materials on this Overspray Market Property by certain persons in certain countries may not be lawful, and Overspray Market makes no representation that materials on this Overspray Market Property are appropriate or available for use in locations outside the United States. If you choose to access this Overspray Market Property from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.

On certain areas of our Overspray Market Property, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices, which Policy applies to information you submit on this Overspray Market Property.

If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.

These Terms constitute a binding agreement between customer and the Overspray Market and is accepted by you upon your use of the Overspray Market Property. These Terms constitute the entire agreement between you and the Overspray Market regarding the use of the Overspray Market Property. By using the Overspray Market Property, customer represents that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.