Terms and Conditions

Thank you for visiting! My aim is to make this website a pleasant and helpful place to shop for the spray equipment that’s ideal for your projects and budget. If you see improvements to be made, please let me know. All I ask is that you agree to abide by the following Terms and Conditions.

Take a few moments to skim through these, because by using this site, you automatically agree to follow them. If you don’t agree, then please don’t use the site.

I reserve the right to make any modifications to these terms, that I deem necessary. Notice will be given on this page and may be given by email or on other parts of this website.

Updated: June 19, 2022.

Copyright and using materials

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Phelps Refinishing.

Some images, text, download files, brand names and patents are copyrighted by their authors and licensed for use on this site. The same usage restrictions apply to all of the site content.

Commercial use of information from this site is prohibited.

You may electronically download, copy and print materials from this site for non-commercial, personal use only, provided that you:

1) retain all copyright, trademark and propriety notices, 2) you make no modifications to the materials, 3) you do not use the materials in a manner that suggests an association with any of our products, services, events or brands, and 4) you do not download quantities of materials to a database, server, or personal computer for reuse for commercial purposes.

You may not enclose any part of this site in an I-frame or create frames around the site’s pages or use any other techniques that alter the visual presentation or appearance of the site.

Nor may you use any part of this website to claim that you are associated with Phelps Refinishing, except as a customer providing a review, or as a vendor used by Phelps Refinishing. While helpful hyperlinks to PhelpsRefinishing.com pages are usually welcome, I reserve the right to have them removed at any time.

Trademarks

With full permission from Fuji Spray, this site’s content refers to the trademarked brand names Fuji Spray, Fuji Auto, and Fuji SUNLESS. Some material here also refers to Fuji Spray patented devices and features. By using this site, you agree to respect these brand names.

The same applies to other brand names of products sold on this site, including 3M PSP 2.0, Worthy Strainers, and Micro-Mesh.

Limitation of Liability

Use of the website: PhelpsRefinishing.com will not be liable for any damages or injury that accompany or result from your use of any part of this website. These include (but are not limited to) damages or injury caused by any:

use of (or inability to use) the site due to delay or interruption of availability
use of (or inability to use) any site to which you hyperlink from our site
failure of our site to perform in the manner you expected or desired
error or omission on the website, or any other defect, including any computer virus or other harmful component

Some state laws may not allow these limitations. However, in any event, liability will not be greater than than the amount you paid, if anything, to access this website.

Products sold here: Any product warranties are supplied only by the product’s manufacturer, including but not limited to Fuji Spray and 3M. Phelps Refinishing provides no product warranty of any kind, including product usability or fitness for a particular purpose. Roger Phelps and Phelps Refinishing disclaim any warranty that information and advice are without error and can cause no injury or damage.

Roger Phelps and PhelpsRefinishing.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if I have been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitations or exclusion may not apply to you.

Information on Fuji Spray warranty terms

Shipping Delays: PhelpsRefinishing.com shall not be liable for any special or consequential damages that result from shipping delays, either by Phelps Refinishing, Fuji Spray, or by a shipping carrier.

Typographical Errors: If a typographical error at PhelpsRefinishing.com lists a product price incorrectly, I reserve the right to refuse or cancel any orders listed at the incorrect price. If the payment has been processed, I will refund the amount of the incorrect price to your credit or debit card.

I make every effort to make each product description clear and accurate. If a product description contains an error, I will provide reasonable customer service to correct an order based on that description, with apology for the inconvenience. However, PhelpsRefinishing.com does not warranty that no such errors exist, and may not be held liable for any consequential damages or additional costs.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of Texas, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of PhelpsRefinishing.com products) shall be in the state or federal courts located in Hidalgo County, Texas. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of products from PhelpsRefinishing.com) must be commenced within one (1) year after the claim or cause of action arises. The failure of PhelpsRefinishing.com to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. The rights and duties of PhelpsRefinishing.com under this Agreement may be assigned to any party at any time without notice to you.

Indemnification

You agree to indemnify, defend, and hold harmless Roger Phelps, PhelpsRefinishing.com, and the company’s officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing an order or subscription. These terms and conditions, or any part of them, may be terminated by PhelpsRefinishing.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.