Customer Application Term and Conditions

Terms and Conditions

1. Introduction These Terms and Conditions ("Agreement") govern the relationship between Marine Ceramics, LLC ("Company," "we," "us," or "our") and the customer ("Customer," "you," or "your") regarding the purchase of our ceramic coating products and the arrangement of professional detailer services ("Services"). By accepting the quote and proceeding with the purchase, you agree to be bound by this Agreement.

2. Services Provided 2.1 The Company will provide ceramic coating products for your boat. 2.2 The Company will assist in connecting you with an authorized marine detailer ("Installer") to apply the ceramic coating products. 2.3 The Installer is an independent contractor and is not an employee, agent, or representative of the Company.

3. No Liability for Application 3.1 The Customer acknowledges that the Company is not responsible for the application of the ceramic coating products. 3.2 The Company shall not be liable for any damages, losses, or claims arising from the application process performed by the Installer. 3.3 The Customer agrees to hold the Company harmless from any claims, damages, or liabilities resulting from the Installer’s actions, omissions, or negligence. 3.4 The Customer assumes all responsibility for anyone applying these coatings to their boat. 3.5 The Customer acknowledges the risks associated with the application of the ceramic coating, including that ceramic coatings are semi-permanent and difficult to remove once applied, and agrees to proceed at their own risk.

4. Warranty and Disclaimer 4.1 The Company offers a 10-15 year surface warranty on the ceramic coating products, provided the Customer adheres to the warranty guidelines. The surface warranty will be structured and adhered to as per the guidelines laid out by the Company. 4.2 The surface warranty is valid only if the Installer registers the Customer’s warranty on our website upon completion of the application. It is the Customer's responsibility to ensure that the Installer registers the warranty. 4.3 The Company disclaims all warranties related to the application process, including but not limited to any implied warranties of merchantability or fitness for a particular purpose. 4.4 The Company's liability for warranty claims is limited as described in the Warranty Limits section below.

5. Payment and Deposit 5.1 The Customer shall pay the Company a deposit of [50%] of the total quote amount to initiate the Installation Services. 5.2 The deposit covers the product costs, shipping, expenses, fees, and other related charges. 5.3 The remaining balance is to be paid directly to the Company by the Customer upon completion of the installation. It is at the Company’s sole discretion to determine when the money held for the Installer will be released. 5.4 If the Installer does not start the job, all funds submitted to us for the installation will be returned to the Customer, excluding the Company’s expenses, product costs, fees, and other incurred costs. 5.5 The Customer agrees to hold Marine Ceramics, LLC harmless from any claims related to the application services.

Final Payment Terms 5.6 The Customer agrees to pay the remaining balance directly to the Company immediately upon completion of the installation services. 5.7 Failure to pay the remaining balance upon completion may be considered theft and could result in legal action.

6. Product Shipment and Scheduling 6.1 Upon receipt of the deposit, the Company will ship the ceramic coating products directly to the Customer unless instructed otherwise to ship to the selected Installer. 6.2 The Installer will schedule the coating application with the Customer. It is the Customer’s responsibility to ensure communication with the Installer.

7. Completion and Warranty Registration 7.1 The Installer is responsible for completing the coating application and registering the Customer’s surface warranty on our website. 7.2 The remaining deposit funds will be released to the Installer only after the coating application is complete and the warranty registration is successfully completed.

8. Customer Responsibilities 8.1 The Customer agrees to follow all maintenance instructions provided by the Company to ensure the longevity of the ceramic coating. 8.2 Failure to adhere to the maintenance guidelines will void both the surface warranty and the product guarantee. 8.3 The Customer is responsible for inspecting the boat before and after the coating application to identify any pre-existing damage or issues.

9. Governing Law This Agreement shall be governed by and construed in accordance with the laws of Palm City, Florida, United States of America, without regard to its conflict of law principles.

10. Dispute Resolution Any disputes arising out of or relating to this Agreement shall be resolved through binding arbitration in Palm City, Florida, United States of America, in accordance with the rules of the American Arbitration Association (AAA). If the AAA is not available, the Company will choose an alternative arbitration organization at its discretion.

11. Limitation of Liability 11.1 To the maximum extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, revenue, data, or use, incurred by the Customer or any third party, whether in an action in contract or tort, arising from the application of the ceramic coating products. 11.2 The Company’s total liability to the Customer for any damages arising out of or related to this Agreement shall not exceed the total amount paid by the Customer under this Agreement or $1500, whichever is less.

12. Indemnification 12.1 The Customer agrees to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with the application of the ceramic coating products by the Installer or any third party.

13. Force Majeure 13.1 The Company shall not be liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, labor disputes, government orders, or any other force majeure event.

14. Independent Contractors 14.1 The Customer acknowledges that the Installer is an independent contractor and not an employee, partner, or agent of the Company. The Customer agrees that the Company is not responsible for any actions, omissions, or negligence of the Installer.

15. Confidentiality 15.1 The Customer agrees to keep confidential any proprietary information or trade secrets of the Company that may be disclosed during the course of this Agreement and not to use such information for any purpose other than the performance of this Agreement.

16. Assignment 16.1 The Customer may not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the Company. The Company may assign or transfer its rights and obligations under this Agreement without restriction.

17. Warranty Limits 17.1 In case of a warranty claim, the Company limits its liability by offering the following options for full and final settlement of the Customer’s claim under warranty:

• Facilitation of necessary approvals for warranty repairs and reapplication of the coating.
• Replacement of the coating product, or reimbursement to the owner of the designated watercraft for the cost of the coating product, as determined by the Company.
• The reapplication cost may vary depending on your Installer’s policy; we recommend inquiring about their reapplication claim policy before making a purchase.
• The Company reserves the right to determine, at its discretion, the appropriate course of action to address any warranty claims, including repair, replacement, or reimbursement.
• The warranty does not cover damages or defects arising from misuse, neglect, improper installation, or unauthorized modifications.
• The Company reserves the right to modify or terminate the warranty program at any time, with or without notice.
• The warranty is subject to compliance with all terms, conditions, and requirements outlined in the warranty documentation and any additional instructions provided by the Company.
• The Company limits its liability for warranty claims to the cost of the product or a maximum amount of $1500, whichever is less. Furthermore, the Company does not accept liability for any issues arising from the installation of our products by third-party Installers.
• The Company retains full discretion in determining warranty coverage and reserves the right to decide whether a claim will be honored. This includes the authority to limit warranty coverage or decline warranty claims entirely.

18. Entire Agreement This Agreement constitutes the entire agreement between the Company and the Customer regarding the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral.

19. Severability If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

20. Digital Acceptance By accepting these terms electronically, the Customer agrees that this Agreement is legally binding in the same manner as if signed in writing.

21. Officer and Employee Indemnification 21.1 The Customer agrees to indemnify, defend, and hold harmless the officers, directors, employees, and agents of Marine Ceramics, LLC from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with the application of the ceramic coating products by the Installer or any third party. 21.2 The Customer acknowledges and agrees that no officer, director, employee, or agent of Marine Ceramics, LLC shall be personally liable for any claims, liabilities, damages, losses, or expenses arising out of or related to this Agreement.