Comprehensive List of Terms and Conditions

TERMS AND CONDITIONS OF SALE (“terms” or “contract”) – VERSION 1.0 (March 13, 2024)

Who we are and how to contact us

https://us.garadry.com is a site operated by GaraDry LLC ("We", “us”, “our”, or “Company”). We are a Georgia limited liability company and have our principal office at 100 Hartsfield Centre Parkway, Suite 500, Atlanta, GA 30354.

To contact us, please email sales@garadry.com or telephone our Customer Service Team at 866-563-2707. Further contact details are set out here: Contact Our Customer Service Team – GaraDry USA

IMPORTANT NOTICES

Please read this contract carefully as it contains important information regarding your legal rights, remedies, and other obligations.

YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

These terms set forth a legally binging agreement

Unless otherwise agreed in writing by Company, these terms shall apply to and govern all orders for the sale and supply of goods (“products”), between you and Company and all orders are accepted in accordance with these terms. You acknowledge you have read and understand and agree to be bound by these terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. The terms “you,” or “your” refers to you, the customer. If you are making purchases on behalf of a business, association, or other entity, “you” or “your” will also refer to such business, association, or other entity, unless the context clearly dictates otherwise. You agree that you are authorized to consent to these terms on behalf of such business, association, or other entity, and we can rely on this.

Eligibility to enter into agreement

You represent and warrant that you are, at least the age of majority in your state, province or jurisdiction of residence, or if you are under the age of majority in your state, province, or jurisdiction of residence, you represent and warrant that your parent or legal guardian has reviewed these terms with you and accepts them on your behalf. You warrant and represent that you (i) have all necessary rights, power, and authority to agree to these terms and perform your obligations hereunder, and (ii) nothing contained in these terms or in the performance of such obligations will place you in breach of any other contract or obligation.

Where to find information about us and our products

You can find everything you need to know about us, GaraDry® LLC, and our products on our website or from our sales staff before you order. The websites may be subject to additional Website Terms of Use restrictions. The websites we operate are as follows:

We also have a Help Center/FAQs available here Help Center – GaraDry USA.

We don't give business customers all the same rights as non-business customers (“consumers”)

For example, business customers have no set-off rights, and charge them interest on late payments. Where a term applies just to businesses or just to consumers, this is clearly stated herein. You are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.

Order Process

We only confirm orders when we've checked them

No order is accepted by Company until we contact you to confirm we've received your order; we will then contact you again to confirm we've dispatched it.

Sometimes we reject orders

Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because a credit reference we have obtained is unsatisfactory, because you are located outside our delivery areas, as stated on our website or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.

Payments; Taxes; Additional Costs

We charge you when you place your order

Orders may be paid for by debit or credit card, Apple Pay, Google Pay, Paypal or BACS. You cannot pay for your order by cash or check unless expressly agreed in advance by Company. The debit, credit and charge cards accepted by us are those listed on the Company website.

We use payment processors

Company uses third-party providers to securely store your payment card information and process your payments (“Payment Processors”). You expressly authorize us or our Payment Processors to charge you for each transaction. Our Payment Processors may ask you to supply additional information relevant to your transaction, including your credit card number, the expiration date of your credit card, and your email and postal addresses for billing and notification (such information, “Payment Information”). You will provide all Payment Information directly to our Payment Processors. You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. By initiating a transaction, you agree to the pricing, payment, and billing policies applicable to such fees and charges, as posted or otherwise communicated to you.

We may institute chargebacks

We may institute a chargeback policy as we deem appropriate in the event that you or your bank does not honor a payment obligation or if our Payment Processors question our ability to collect funds from you. As part of such chargeback policy, we may in our sole discretion suspend, terminate, or otherwise limit your ability to place orders or otherwise take any action we or our Payment Processors deem necessary.

We may offer discounts and vouchers

From time to time we, at our sole discretion, may make discounts or voucher codes available which may reduce the price of the products you order. Company reserves the right to modify or cancel an offer at any time. The terms and conditions for these and the relevant expiry dates will be clearly set out on the website at the relevant time. Any credit issued by Company is valid for any period of time that Company sets, to the extent prohibited under applicable law, and may not be redeemed for cash or cash equivalent. Expired credits are no longer redeemable and cannot be used towards any purchase or for any other purpose.

We pass on increases in Taxes

If the rate of local, state, federal or foreign taxes, levies, duties or similar governmental assessments of any nature, including value-added taxes (VAT) or sales taxes (collectively, “Taxes”) changes between your order date and the date we supply the product, we adjust the rate of Taxes that you pay, unless you have already paid in full before the change in the rate of Taxes takes effect.

Delivery costs; Shipping Policy

Our delivery costs and our shipping policy terms are set out here Shipping Policy (garadry.com). Delivery costs will be calculated at checkout. Any dates quoted for the delivery of products are approximate only and we shall not be liable for any delay in delivery of products however caused. Time for delivery shall not be of the essence unless previously and expressly agreed by us in writing. Title to and risk of loss shall pass to you and delivery shall be deemed to be complete upon products leaving the possession or control of us.

Additional costs

Please note that shipments sent outside of the United States may be liable for import taxes, duties, and clearance fees which will be collected by the courier before the delivery of your order. This amount is usually calculated based on the value of goods and the type of goods being imported. For more information please contact your local customs office. You will usually be contacted by the courier in question prior to the delivery of the goods by email in order to pay these fees online.

What are these fees for?

Sales tax (such as VAT or GST) is a tax payable on goods and services. Depending on the country of export and the product ordered there may also be customs duty charged. The courier may also charge a 'handling fee' which may vary depending on the courier used. Unfortunately, we are unable to calculate these fees in advance, and you will need to contact your local customs office for more information.

What if I don't pay these fees?

If you do not pay the fees due, your order may be returned to us for a refund and a handling fee may be deducted from your refund.

Delivery

Where we do and don’t deliver to

Please refer to our website detailing the up to date list of the territories we do and do not deliver to at Where do you ship to? (garadry.com).

Delivery

Upon delivery of your order, you must check the contents to ensure that your order is complete and that you are satisfied with the condition of the products. If a product is missing/damaged/incomplete you must notify us within 7 days from the day of delivery by contacting our Customer Service Team: Contact Our Customer Service Team – GaraDry USA.

We're not responsible for delays outside our control

If our supply of your product is delayed by an event outside our control, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team: Contact Our Customer Service Team – GaraDry USA to terminate the order and receive a refund for any products you have paid for in advance, but not received.

Products can vary slightly from their pictures

A product's true colour may not exactly match that shown on our website or in our marketing or its packaging may be slightly different. Differences may be due to your device’s display of colors or other factors such as the natural variation in each product.

You have the right to change your mind (i.e., make a return)

Your right to change your mind. For most of our products purchased online, you have a right to change your mind about your purchase and receive a refund of what you paid for it, excluding the delivery costs. This is subject to some conditions, as set out below.

When you can't change your mind. You can't change your mind about an order for products that are not in original condition or have been affixed to something else not purchased from us or goods that are made to your specification or are personalised in any way.

The deadline for changing your mind. If you change your mind about a product you must let us know no later than 14 days after the day we deliver your product.

How to let us know. To let us know you want to change your mind, contact our Customer Service Team: Contact Our Customer Service Team – GaraDry USA.

You have to return the product at your own cost. You have to return the product to us within 14 days of your telling us you have changed your mind. Returns are at your own cost. You can send the product back to us, using an established delivery service. If you do this you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time we won't refund you the price. For help with returns, contact our Customer Service Team: Contact Our Customer Service Team – GaraDry USA.

We reduce your refund if you have used or damaged a product. If you handle the product in a way which would not be acceptable in-store, we reduce your refund (in our sole discretion), to compensate us for its reduced value. For example, we reduce your refund if the product's condition is not "as new", the product is returned without its original packaging, and/or accessories are damaged or missing. In some cases, because of the way you have treated the product, no refund may be due. Our Customer Service Team: Contact Our Customer Service Team – GaraDry USA can advise you on whether we're likely to reduce your refund.

When and how we refund you. We refund you within 14 days of receiving the product back from you (or receiving evidence you've sent it to us). We refund you by the method you used for payment. We don't charge a fee for the refund.

You have remedies if there is something wrong with your product

Warranties.

All our GaraDry branded products come with a 5 year warranty from the date of delivery.

All other products we sell come with either a 1 year warranty from us or a 1 year warranty from the third party manufacturer, in each case from the date of delivery.

If there is a material manufacturing defect with the product within the relevant warranty period set out above, we will replace it or refund you the purchase price (subject to Exceptions to customer’s warranty).

Return the product to us. If you think there is something wrong with your product, please contact our Customer Service Team: Contact Our Customer Service Team – GaraDry USA.

Your warranty remedies. Under the limited warranties described above, the sole liability of Company is limited to refund or replacement of the warranted product(s). Company’s exclusive obligation during the warranty period is to refund or replace, at its sole option and in its sole discretion, any warranted product(s) found, upon examination by an authorized representative of Company, to contain a material manufacturing defect, unless otherwise provided herein. If, within the warranty period, identical materials are unavailable at the time of refund or replacement, Company reserves the right to substitute product(s) of equal or better quality. Any product replaced under this warranty will be covered by the warranty for the remainder of the original warranty period only.

Exceptions to customers' warranty. The warranty is voided, and e will not be liable for a product's failure to comply with the customer warranty if:

the product was not purchased directly from us;
you make any further use of such product after telling us it is non-compliant;
the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
you alter or repair the product without our written consent;
threshold seals have been used with vehicles over the relevant weight limits (as set out at What weights can the thresholds withstand? (garadry.com));
damage or defects are caused by the use of chemical treatments or other similar products;
you have not used our GaraDry branded/or supplied by GaraDry adhesive and sealant to glue down the products; or
the defect arises because of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

We can suspend supply (and you have rights if we do)

We can suspend the supply of a product. We do this to:

deal with technical problems or make minor technical changes; or
update the product to reflect changes in relevant laws and regulatory requirements.

We let you know, may adjust the price and may allow you to terminate. We contact you in advance to tell you we're suspending supply, unless the problem is urgent or an emergency. If we suspend supply, or tell you we're going to suspend supply, for more than 30 days you can contact our Customer Service Team: Contact Our Customer Service Team – GaraDry USA to end the contract and we'll refund any sums you've paid in advance for products you won't receive.

We can end our contract with you

We reserve the right to cancel your order(s) or otherwise prevent you from ordering a product, and claim any compensation due to us if:

you don't make any payment to us when it's due and you still don't make payment within 14 days of our reminding you that payment is due;
you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product;
you fail, or we suspect that you have failed, to comply with any term or provision of these terms;
you don't, within a reasonable time, either allow us to deliver the product to you or collect it from us; or
we determine, in our sole discretion, such right is justified.

Force Majeure Events

We are not liable to you for losses outside our reasonable control

Company shall not be liable for any loss or damage caused by delay in the performance or non-performance of any of its obligations due to any cause that is beyond Company’s control, including but not limited to war, terrorism, hostilities, civil disturbance, requisitioning, governmental or municipal restrictions, prohibitions , or enactments of any kind, any strike, lockout or trade disputes (whether involving its own employees or those of any other person), difficulties in obtaining workmen or materials, breakdown of machinery, fire, flood, accident or act of God. Should any such event occur, Company may cancel or suspend any order of products made by you without incurring liability to you for any loss or damage.

Privacy Notice

We use your personal data as set out in our Privacy Notice

How we use any personal data you give us is set out in our Privacy Notice: Privacy and Cookies.

Dispute Resolution

You have options for resolving disputes with us

Complaints. Our Customer Service Team: Contact Our Customer Service Team – GaraDry USA will do their best to resolve any problems you have with us or our products as quickly as possible.

You can go to court. These terms and all disputes arising out of or relating to these terms are governed by, construed, and enforced in accordance with the laws of the State of Georgia, without regard to its conflict of laws principles. The parties acknowledge and agree that any and all disputes will be resolved exclusively in a venue with appropriate jurisdiction located in Atlanta, Georgia. BOTH PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BOTH PARTIES ALSO AGREE THAT EACH PARTY IS WAIVING THE RIGHT TO A TRIAL BY JURY.

Miscellaneous

Other important terms apply to our contract

You cannot use Company’s trademarks. You shall not use the trademarks of Company without Company’s prior written approval. No license or right to use Company’s trademarks is implied or granted.

Certain provisions survive termination of these terms. Provisions that, by their nature, should survive termination of these terms shall survive termination. By way of example, but without limitation, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, and any terms regarding ownership or intellectual property rights.

We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We'll tell you in writing if this happens and if you are a consumer we'll ensure that the transfer won't affect your rights under the contract.

You can only transfer your contract with us to someone else if we agree to this. However, you can transfer our customer’s guarantee to a new owner of the product. We can require the new owner to prove you transferred the product to them. If you're a business you need our agreement to transfer your contract with us and it's entirely up to us whether we give it.

Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.

Headings used are for convenience only. The headings used in this contract are included for convenience only and will not limit or otherwise affect this contract.

Limitations of Liability; Warranty Disclaimers

Limitations of liability. Except in respect of the losses described in Losses we never limit or exclude:

in no event shall we be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, lost revenue, or other financial losses, or any special, incidental, indirect or consequential losses or damages, EVEN IF FORESEEABLE AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; and
Our total liability to you for all claims arising out of or in connection with any order between us, or the performance or breach thereof, or from the design, manufacture, sale, or delivery of products, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 150% per cent of the total sum paid by you for the products in your order giving rise to the claim.

Losses we never limit or exclude. Nothing in these terms shall limit or exclude our liability for:

death or personal injury caused by our gross negligence, or the gross negligence of our employees, agents or subcontractors (as applicable);
our fraud, gross negligence or willful misconduct; or
any matter in respect of which it would be unlawful for us to exclude or restrict liability.

No implied terms about products. ALL PRODUCTS ARE SOLD AS IS, AND COMPANY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AT LAW OR IN EQUITY, WITH RESPECT TO THE PRODUCTS OR THEIR CHARACTERISTICS, QUALITY, PERFORMANCE OR VALUE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. We do not represent or warrant that (i) any errors in the products will be corrected, or (ii) the quality of the products, information or other material purchased or obtained by you will meet your expectations. Company and its affiliates will have no liability for any personal injury or property damage resulting from your access to or use of the products.

Sole and exclusive remedy. THE PARTIES AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY AGAINST COMPANY FOR ANY CLAIM OF ANY KIND, INCLUDING BREACH OF WARRANTY, NEGLIGENCE AND/OR STRICT LIABILITY IN TORT, SHALL BE FOR THE REPAIR OR REPLACEMENT OF DEFECTIVE PRODUCT(S), SUCH REPAIR OR REPLACEMENT TO BE AT COMPANY’S SOLE DISCRETION. THE PARTIES AGREE THAT IN NO EVENT SHALL COMPANY BE LIABLE TO YOU, A USER, OR ANY THIRD PERSON FOR LOSS OR DAMAGES TO PROPERTY RESULTING FROM FAILURE OF COMPANY’S PRODUCT(S) TO OPERATE OR TO FUNCTION PROPERLY, NOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING THEREFROM.

Indemnification

You agree to indemnify, defend and hold harmless Company and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from and against any and all losses, claims, damages, judgments, demands, actions, proceedings, investigations (whether formal or informal), or expenses (including reasonable attorneys’ fees), or threats thereof, due to, arising out of or relating to (i) your breach of these terms or the documents they incorporate by reference, (ii) your violation of (a) any law or (b) the rights of a third-party, or (c) injury of any nature, including, without limitation, sickness, and/or death, and for property damage caused by any products or part thereof after the time of delivery of such products or after such products otherwise leave the possession or control of Company.

In the event of such a claim, suit, or action, we will attempt to provide you notice of the claim, suit, or action at the contact information we have for your account on file (provided, that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder). Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses. You agree that the provisions in this section will survive any termination of your account, these terms, or your access to the website, including the purchase or use of any products through the website.

Additional Terms for Business Customers

If you are a business customer the following additional terms apply

If you are a business customer this is our entire agreement with you

If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

If you are a business customer you have no set-off rights

If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law). If you are a business customer and we have given you a credit account (which is entirely at our own discretion), then you must pay us within thirty (30) days of the date of the invoice.

We charge interest on late payments

If we're unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 5% a year above the U.S. (Fed) prime rate or the maximum rate permitted by applicable law, whichever is lower. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.