These terms and conditions explain your rights and obligations. Please read them carefully as your continued use of this website indicates that you accept these terms and conditions. Your purchase constitutes your agreement to be bound by these Terms and Conditions and the Privacy Policy.

Important Legal Information: Please read these terms of use carefully before using this website or otherwise providing assent to these terms. These terms of use apply to all individuals directed to or users of this website. Your use of this website or other manifestation of assent confirms your unconditional acceptance of the following terms of use. You may be subject to additional terms in connection with other programs, goods or services associated with Surface Lab.

‍AGREEMENT
Your purchase of goods from Surface Lab, LLC (“Surface Lab”) or installment of Surface Lab goods, or both, is accepted by Surface Lab solely upon the terms and conditions stated below (“Terms and Conditions”). Any different or additional terms and conditions proposed by you are rejected and shall have no effect. These Terms and Conditions, along with the applicable product warranty(ies) and the Installation Instructions which are included with each product purchased constitute the “Agreement” between you and Surface Lab. For the purposes of our Agreement, references to “Surface Lab” or the “Company” shall also include our subsidiaries, affiliates, agents, officers, directors, employees, successors, and assigns. References to “you” and “your” include the purchaser of Surface Lab goods as well as the underlying consumer of Surface Lab goods (if Surface Lab goods are purchased by the contractor retained by the underlying consumer).

Surface Lab privacy policy forms part of these terms and conditions, and together they contain all of the terms relating to the use of our websites and purchase and use of Surface Lab products and services.

We reserve the right to update these terms and conditions at any given time, and the amended terms will be posted on our websites.                                    

PRODUCT DISPLAY AND PRICING
Website Content and Product Descriptions – Surface Lab does not accept liability for any errors and/or omissions contained on www.surfacelab.com (“the website”), including but not limited to any product display page for any product listed for sale. Surface Lab reserves the right to change information, prices, specifications and descriptions for any goods, products or services displayed on the website at any time, without notice and does not warrant that a product description or content on the website is accurate, complete, reliable, current or error-free.

Surface Lab makes all reasonable efforts to accurately display the color, texture, and detail of products on the website. However, provide no guarantee that the color, texture or detail you see completely matches that of the subject product. Color, texture and detail variances may occur including but not limited to as a result of the monitor you utilize to view the products on the website and the display settings and capabilities of such monitor.

Product Pricing – The price for a product shown on the website’s product display page represents the full retail price for the product as set by Surface Lab, where Surface Lab is the seller of the product.

For clarity, notwithstanding anything to the contrary contained in these Terms of Sale, the listing price does not include shipping and handling charges, customs, duties or any taxes applicable to your order.

You acknowledge that the placing of an item in a cart on the website does not reserve the listing price for the subject product shown at that time. It is possible the listed price of the item in your cart may increase or decrease between the time you place an item in your cart and the time you check out and make your purchase of the item. There will be no obligation to fulfill an order for a product that was advertised at an incorrect listing price. If an error is discovered in the listed price of a product that you have ordered, you will be informed as soon as reasonably possible. You will be advised of the correct listing price for the subject product and provided the opportunity to order the product at the correct listing price as a separate transaction. If you would not like to move forward with the order due to the incorrect listing price, you will be given a one-time opportunity to cancel the order. You will receive the full amount paid subject to the Terms of Sale.

ORDERS
Order Processing – Surface Lab reserves the right at any time after the receipt of your order to decline, refuse or cancel your order for reasonable cause, which includes, but is not limited to, any of the following: (1) lack of availability of product ordered; (2) failure by you to fulfill the payment terms; (3) product pricing errors; (4) restrictions or prohibitions on the sale or use of the product; (5) if there is belief, in its sole and absolute discretion, that your order is made for commercial resale purposes; or (6) your breach of any of our Terms and Conditions. Your receipt of an order confirmation does not signify acceptance of your order or constitute the offer to sell you goods.

‍Custom Orders – Specific products may be custom ordered from Surface Lab. Once a custom order has been accepted and paid, the custom order may not be changed or canceled and is non-refundable.

Container Orders – Specific products may be ordered from Surface by the container . Container order lead times may vary significantly depending on the product ordered and delivery location. Delivery of a container order must be arranged with a customer service representative as the delivery options vary based on the products ordered and the delivery location. 

‍Order Changes – You may request a change to any order, other than Custom Orders and Container Orders, so long as you: (1) agree to any additional charges that may apply; (2) agree to any applicable changes to the cost of shipping, handling and delivery; (3) acknowledge that order changes may result in the delay of delivery; (4) agree to submit any order change requests by email to Surface Lab at info@surfacelab.com; and (5) ensure that the order change request is received by and acknowledged by Surface Lab prior to delivery of the order.

Order Cancellations – Except for Custom Orders and Container Orders which may not be canceled, you may cancel any other order at any time prior to shipment (product leaving our facilities), subject to these Terms and Conditions. Cancellation requests must be sent by email to Surface Lab at info@surfacelab.com and must be received and acknowledged by Surface Lab prior to delivery to be valid.

PURCHASE PRICE AND PAYMENT TERMS
Full payment (100%) for the product(s) and shipping is due upon execution of your purchase order and prior to shipment. Container Orders require fifty percent (50%) payment at the time the order is placed, the remaining balance is due prior to shipment. You must pay for the purchase order by approved credit card, wire transfer, electronic funds transfer or other prearranged payment method agreed to by Surface Lab in writing. All payments and other references to monetary amounts including prices shall be in U.S. currency. You agree to pay and are solely responsible for all sales, use, excise, value-added or similar tax or charge, or customs duty or import tax which might be levied as a result of the production, sale or shipment of the goods or your use of the goods.

SHIPPING AND DELIVERY
Surface Lab offers delivery to street addresses located throughout the United States and Canada. Shipping is not available to post office boxes. The products ordered will be delivered to the shipping address you provide at the time of purchase and indicated on the invoice for your order. Surface Lab is not liable for any damages or loss of shipment by any carrier. If any goods are lost during shipment or damaged prior to delivery, Surface Lab will replace the products ordered. Any delivery dates stated are estimates only, it can be subject to change and are not guaranteed (if you need a guaranteed delivery on a specific date or time, please contact us with the request at info@surfacelab.com. The request must be received and acknowledged by a customer service representative of Surface Lab). Surface Lab shall not be liable for any loss or expense incurred by you as a result of any delay. If Surface Lab’s ability to fulfill your purchase order is reduced or suspended for any reason, deliveries may be canceled or partially fulfilled and then completed at a later date until the entire quantity purchased has been delivered.

INSPECTION OF GOODS
All products must be inspected by you/or authorized person at delivery, prior to signing the delivery receipt. It is your responsibility to note any and all damage on the delivery receipt with the freight company’s driver. Surface Lab does not accept damage claims without written documentation on the delivery receipt. To protect yourself, notate all damage, take photos while the product is still on palletized, and immediately contact Surface Lab to report any freight damage. Failure to report damage with the freight carrier during delivery shall constitute acceptance of the delivered goods.

RETURNS
You agree to be bound by the terms and conditions of Surface Lab’s return policy set forth here.

LIMITED WARRANTY
Surface Lab warrants all products purchased in accordance with the terms of its standard warranty for each product, as modified at any given time in Surface Lab’s sole discretion. Surface Lab’s sole obligation to the initial purchaser or initial underlying consumer of any product shall be limited to the repair or replacement, at Seller’s option, of defective products returned to Seller at the sole expense of the initial purchaser or initial underlying consumer.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR CLAIMS THAT ARE DUE TO NORMAL USE, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, OR MISAPPROPRIATION. SURFACE LAB SHALL IN NO CIRCUMSTANCES BE LIABLE IN CONTRACT, IN TORT OR OTHERWISE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE. NO EMPLOYEE OR REPRESENTATIVE OF SELLER IS AUTHORIZED TO MODIFY THIS WARRANTY, OR SELLER’S STANDARD WARRANTY FOR ANY PRODUCT.

LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SURFACE LAB’S TOTAL LIABILITY FOR ANY COST, LOSS, DAMAGE OR OTHER POTENTIAL OR ACTUAL EXPENSES ARISING DIRECTLY OR INDIRECTLY OUT OF THE PURCHASE AND SALE OF THE GOODS SET FORTH IN YOUR PURCHASE ORDER, SHALL NOT EXCEED THE PURCHASE PRICE PAID BY YOU FOR THE GOODS WITH RESPECT TO WHICH ANY CLAIM IS MADE, REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE. IN NO EVENT SHALL SURFACE LAB BE LIABLE IN ANY WAY FOR ANY CONSEQUENTIAL, ECONOMIC, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, OR LOSS OF USE) EVEN IF SURFACE LAB IS INFORMED OF OR IS OTHERWISE AWARE OR SHOULD BE AWARE OF THEIR LIKELIHOOD. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SURFACE LAB SHALL NOT BE LIABLE FOR PERSONAL INJURY OR PROPERTY DAMAGE. NOTWITHSTANDING ANYTHING CONTAINED IN THIS LIMITATION OF LIABILITY, SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

REVISIONS TO TERMS & CONDITIONS
Surface Lab may update or revise these Terms of Use at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Website Terms and Conditions because they are binding on you to the fullest extent permissible by applicable law. Certain provisions of these Website Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Website. Your continued use of This Website after any changes to these Terms of Use are posted will be considered acceptance of those changes.

FORCE MAJEURE
If the performance of this Agreement or any obligation hereunder, except the making of payments hereunder, is prevented, restricted or interfered with by reason of fire, flood, earthquake, explosion or other casualty or accident; strikes or labor disputes; inability to procure materials, supplies or power; war or other violence; any law, order, proclamation, regulation, ordinance, demand or requirement of any government agency; or any other act or condition whatsoever beyond the reasonable control of the affected party, the party so affected, upon giving prompt notice to the other party, shall be excused from such performance to the extent of such prevention, restriction or interference; provided, however, that the party so affected shall take all reasonable steps to avoid or remove such causes of nonperformance and shall resume performance hereunder with dispatch whenever such causes are removed.

ENTIRE AGREEMENT
These Terms and Conditions, along with each applicable product warranty, and along with the Installation Instructions for each product purchase constitutes the entire Agreement between you and Surface Lab and supersedes all prior agreements, negotiations, and understandings of the parties with respect thereto. No representation, promise, modification or amendment shall be binding upon either party as a warranty or otherwise unless in writing and signed on behalf of each party by a duly authorized representative. Although you may place an order on a form that is different than Surface Lab’s purchase order form, all orders will be governed by these Terms and Conditions, and any term or condition set forth in any such other form which is inconsistent with or in addition to these Terms and Conditions shall have no force or effect.

Copyright © 2023 Surface Lab, Inc.
All Rights Reserved.
Effective Date: March 31, 2022