Specs & Terms

SPECIFICATIONS SuperPaint Interior Latex can be used directly over existing coatings, or bare drywall, plaster (cured with a pH of less than 9), masonry (cured with a pH of less than 9) and non-bleeding wood. Drywall Self-prime using 2 cts. of SuperPaint Interior Latex or 1 ct. Premium Wall & Wood Primer 2 cts. SuperPaint Interior Latex Masonry / Block (can be filled to provide a smooth surface or primed if it is a high pH substrate) 1 ct. Loxon Block Surfacer or 1 ct. Loxon Concrete & Masonry Primer 2 cts. SuperPaint Interior Latex Plaster Self-prime using 2 cts. of SuperPaint Interior Latex or 1 ct. Premium Wall & Wood Primer 2 cts. SuperPaint Interior Latex Wood Self-prime using 2 cts. of SuperPaint Interior Latex or 1 ct. Premium Wall & Wood Primer 2 cts. SuperPaint Interior Latex If the wood has bleeding (such as tannin or knot-holes), prime with Multi-Surface Primer. Other primers may be appropriate. When repainting involves a drastic color change, a coat of primer will improve the hiding performance of the topcoat color. SURFACE PREPARATION WARNING! Removal of old paint by sanding, scraping or other means may generate dust or fumes that contain lead. Exposure to lead dust or fumes may cause brain damage or other adverse health effects, especially in children or pregnant women. Controlling exposure to lead or other hazardous substances requires the use of proper protective equipment, such as a properly fitted respirator (NIOSH approved) and proper containment and cleanup. For more information, call the National Lead Information Center at 1-800-424-LEAD (in US) or contact your local health authority. Remove all surface contamination by washing with an appropriate cleaner, rinse thoroughly and allow to dry. Existing peeled or checked paint should be scraped and sanded to a sound surface. Glossy surfaces should be sanded dull. Stains from water, smoke, ink, pencil, grease, etc. should be sealed with the appropriate primer/sealer. Recognize that any surface preparation short of total removal of the old coating may compromise the service length of the system. Drywall Fill cracks and holes with patching paste/ spackle and sand smooth. Joint compounds must be cured and sanded smooth. Remove all sanding dust. Masonry, Concrete, Cement, Block All new surfaces must be cured according to the supplier’s recommendations— usually about 30 days. Remove all form release and curing agents. Rough surfaces can be filled to provide a smooth surface. If painting cannot wait 30 days, allow the surface to cure 7 days and prime the surface with Loxon Concrete & Masonry Primer.

Terms & Condition

Orders must have a minimum of 15 gallons of paint and should be placed 2 business days before needing product.

Shipping & Delivery

Each item should be expected to be shipped and delivered in 3 to 5 business days.

ONLINE TERMS AND CONDITIONS OF SALE

These Online Terms and Conditions of Sale (these “Terms & Conditions” ) govern the online purchase of any paints, stains, finishes, coatings, painting tools, applicators, supplies, varnishes, wallpaper and other goods and services (collectively, “Products” ) by you from The Sherwin-Williams Company (together with its successors, affiliates and subsidiaries, collectively, “Sherwin-Williams”) in the United States using this website. In these Terms & Conditions, “you” and “your” refers to the individual or entity who has ordered Products from Sherwin-Williams (“we”, “us”, “our”).

PLEASE READ CAREFULLY — In these Terms & Conditions you will waive or give up certain legal rights and agree to certain limitations of liability and exclusions of damages. These Terms & Conditions require you to use arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. If you do not agree with these Terms & Conditions, do not order any Products using this website

1. BINDING AGREEMENT. If you order any Products using this website, or if you pick up, accept delivery of, pay for or use any Products that you have ordered from this website, then you have agreed to accept and be legally bound by these Terms & Conditions. If you have entered into a written supply agreement that has been executed and delivered by you and an authorized representative of Sherwin-Williams, that agreement will supersede these Terms & Conditions to the extent of any conflict with these Terms & Conditions. Absent such a written supply agreement, these Terms & Conditions, along with the provisions, if any, contained in the applicable Sherwin-Williams order confirmation email and our website Terms of Use and Privacy Policy, constitute the final, entire and exclusive agreement between you and Sherwin-Williams concerning the sale of Products by Sherwin-Williams to you. These Terms & Conditions, together with our website Terms of Use and Privacy Policy, supersede all prior oral and written agreements and understandings (whether express or implied, including those implied by law or through usage of trade). In particular, no course of prior dealings between the parties and no usage of trade will be relevant in determining the meaning of these Terms & Conditions.
2. AMENDMENTS AND CHANGES. Any attempted modification or amendment of these Terms & Conditions by you (whether by means of a purchase order or other form or document) is hereby rejected. No waiver, alteration or modification of these Terms & Conditions shall be binding on Sherwin-Williams unless made in writing and signed by an authorized representative of Sherwin-Williams. These Terms & Conditions are subject to change by Sherwin-Williams without prior written notice to you at any time, in our sole discretion, except that the Terms & Conditions posted on this website at the time you place an order will govern the order in question. The latest version of these Terms & Conditions will be posted on this website. You should review these Terms & Conditions prior to purchasing any Product that is available through this website. Your continued use of this website after a posted change in these Terms & Conditions will constitute your acceptance of and agreement to be bound by such change.
3. PRODUCT ORDERS

1. Not all Products listed on our website are available for purchase in all jurisdictions in which we operate our brick-and-mortar Sherwin-Williams-branded retail stores (each, a “Retail Store”). In addition, Sherwin-Williams cannot guaranty that Products shown on the website as in stock are available for immediate pick up at all of our Retail Stores at all times. Similarly, applicable law in some jurisdictions limits the quantities of some Products that you may purchase or requires that you provide proof of identity or age in order to make a purchase. You agree that your order is an offer to buy, under these Terms & Conditions, all Products that you have selected, added to your cart, and that are listed in your online order.
2. All orders must be accepted by Sherwin-Williams. Our acceptance of your orders is subject to and expressly conditioned upon your agreement to be legally bound by these Terms & Conditions. We may choose not to accept any orders in our sole discretion. We require that all purchases of Products be made either (i) by individuals who are not minors and who can legally enter into binding contracts (typically persons 18 years of age or older, depending on where you live), or (ii) by minors with the permission of a parent or guardian who has accepted these Terms & Conditions on behalf of the minor making the purchase.

1. ORDER CONFIRMATION. After we receive your online order, we will send you an order confirmation e-mail with your order number, a description of the Products you have ordered and the location of the Retail Store where you can pick up the Products you have ordered online. Acceptance of your order and the formation of the contract of sale between Sherwin-Williams and you will not take place unless and until you have received your order confirmation e-mail. With the exception of orders for tinted Products or special orders (“Custom Orders”), you have the option to cancel your order at any time prior to pick up in our Retail Store. Custom Orders cannot be cancelled by you once the order is placed online. You agree that we may cancel any online order at any time, even if it has been accepted by Sherwin-Williams and even if you have received an email order confirmation, if we believe that the order violates applicable law, including any law that requires proof of identity or age in order to purchase a particular Product. You also agree that we may not accept your order or call you to change your order before you receive an email order confirmation, if we are not able to fill the order to the specifications (e.g., size, color, sheen, and/or base) you have selected.
2. PRICES AND TAXES. The price charged for a Product and applicable fees, will be the price and fees in effect at the time your order is placed and will be specified during the checkout process and in your order confirmation e-mail. Taxes shown during the checkout process and in your order confirmation email are estimated; actual taxes will be calculated upon pickup in the Retail Store. Price increases will only apply to orders that you place after such changes are posted on this website. All prices posted on this website are subject to change without notice. Prices and Product descriptions are subject to correction for error. We are not responsible for any pricing, typographical, photographical or other errors in our website information and we reserve the right to cancel any orders arising from any such errors. For paint Products displayed on the website, the Product size listed on the website is the size of the Product container. The actual volume of the Product purchased may be smaller than the Product size that is listed on the website so that we can leave room in the container to add tint in the store. Payment for the Products shall be made in U.S. dollars. Prior to submitting your payment information, you will have the opportunity to review Product prices, taxes, and fees. In the event that, due to technical difficulties, we are unable to display taxes and fees during the online checkout process, you will be notified of this during checkout, and you will receive a final invoice including all taxes and fees when you pick up the Products in a Retail Store.
3. TERMS OF PAYMENT.

1. Your credit card, gift card, or Sherwin-Williams credit account (“Account”) will be authorized for the full amount of the sale when the online checkout process is completed. Sherwin-Williams will charge your Account only upon the earlier of: (i) the date the Products are picked up at the Retail Store; or (ii) the date your order is cancelled by Sherwin-Williams pursuant to the terms set forth in Section 6(b) below. Any order for a Product, other than a Custom Order, may be cancelled by you at any time prior to pick up of the Product at the Retail Store. Sherwin-Williams may also cancel an order that is not a Custom Order if you have not picked up the Product within fourteen (14) days after the date of your order. In the event that such an order is cancelled (other than a cancellation pursuant to Section 6(b) below), it may take several days before the credit hold is released on your Account. Sherwin-Williams shall not be liable for any costs or other liabilities associated with such a continuing hold. If your credit card expires before you pick up the Products in the designated Retail Store, we may notify you and require that you enter the credit card number again with the new expiration date. You acknowledge that it is possible that the final amount charged to your Account may be more or less than the amount originally authorized at the time the online checkout process is completed. This may occur, for example, if the actual taxes applicable to an ordered Product charged at pickup are more or less than the estimated taxes shown online, if the non-tax state fees applicable to an ordered Product have changed between the date of your order and the date of pick up or if you make changes to your order at the Retail Store during pickup (for example, you use a coupon to reduce the price of your purchase).
2. Custom Orders cannot be cancelled by you and must be picked up at the Retail Store specified in your order confirmation email within fourteen (14) days of the date of your online order. If a Custom Order is not picked up within such fourteen-day period, Sherwin-Williams may: (i) cancel all or any part of your online order; (ii) charge your Account for the full amount of the Products that are Custom Order (including all taxes and fees associated with such Custom Order); and (iii) dispose of such Custom Order Products as Sherwin-Williams deems fit, in its sole and absolute discretion. You agree to pay for all Products that are Custom Order in full in accordance with these Terms & Conditions.
3. We accept VISA, MasterCard, American Express and payment via Sherwin-Williams credit account for all online purchases. If you use a credit card to order Products from this website, you must use a U.S. credit card with U.S. billing and shipping addresses. You represent and warrant, at the time your online order is placed and at the time the Products are picked up in our Retail Store, that (a) the credit card or Sherwin-Williams credit account information you provided to us is true, correct, current and complete; (b) you are duly authorized to use such credit card or Sherwin-Williams credit account for the purchase of Products from us; and (c) you will pay charges incurred by you in connection with your purchase of the Products at the prices specified in our order confirmation email, or, in the case of taxes and non-tax state fees, as specified at the Retail Store at the time of pickup. If for any reason we are unable to process your payment, we reserve the right to cancel your order.

1. DELIVERY, TITLE AND RISK OF LOSS. Sherwin-Williams will arrange for the Products to be made available for pickup at the Retail Store designated by you at the time you checkout online. You are responsible for picking up the Products from the Retail Store specified in our order confirmation email. Title and risk of loss for the Products pass to you upon our transfer of the Products to you in the Retail Store. The time of delivery is not of the essence, and Sherwin-Williams shall not be liable or responsible for any costs, charges, expenses, damages or for any penalty, liquidated or otherwise, for late or delayed delivery. All delivery dates, including any delivery dates specified in your order confirmation email, are approximate and are not guaranteed.
2. PRODUCTS RETURNED FOR CREDIT.

1. Except for any Custom Orders or any other Products designated on the website as custom or non-returnable, Sherwin-Williams will accept a return of the Products ordered online for a refund of the purchase price, provided any such return is made within fourteen (14) days of the date of your online order as reflected in the Sherwin-Williams automated order tracking system and provided such Products are returned in their original, unopened condition together with proof of purchase. Bundled items need to be returned with all the components.
2. YOU ACKNOWLEDGE AND AGREE THAT CUSTOM ORDER PRODUCTS, INCLUDING, WITHOUT LIMITATION THOSE PRODUCTS THAT ARE MANUFACTURED OR MIXED TO YOUR PARTICULAR SPECIFICATIONS USING OUR ONLINE TOOLS, CANNOT BE RETURNED.Refunds are ordinarily processed by Sherwin-Williams within four (4) business days of acceptance of the returned Products at a Retail Store. However, it may take longer for the refund to be processed by your bank, credit card company, or other financial institution. Sherwin-Williams shall not be liable for any costs or other liabilities associated with any delay by your bank, credit card company, or other financial institution in processing your refund. Refunds will be issued to/in the original form of payment.

1. LIMITED WARRANTIES; DISCLAIMERS.

1. Sherwin-Williams warrants to you that, as of the date of pick up in a Retail Store and for a period of 90 days thereafter, those Products that are manufactured by Sherwin-Williams shall (i) conform to Sherwin-Williams’ then-current quality control specifications for manufacturing such Products; and (ii) be subject to any label warranty affixed to the container or packaging of such Products. The above warranties extend only to you and not to any other individual or entity. For Products that are not manufactured by Sherwin-Williams, the original manufacturer’s warranty, if any, shall apply to the extent assignable by Sherwin-Williams. Except for an express written limited warranty signed by an authorized representative of Sherwin-Williams, Sherwin-Williams makes no other warranties, either in writing or orally, including on this website or in any marketing brochure or promotional literature. EXCEPT IN NEW JERSEY, SHERWIN-WILLIAMS SPECIFICALLY DISCLAIMS ALL OTHER IMPLIED WARRANTIES, WHETHER ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
2. The obligation of Sherwin-Williams under the warranties in Section 9(a) is limited, at our option, to the replacement of defective Products or the refund of the purchase price for such defective Products. Any replacement Products will be delivered to the Retail Store specified in your original order confirmation email, provided that (i) prompt notice of any defect is given by you to us within the warranty period specified above, and (ii) upon your return of the defective Products to the Retail Store an inspection thereof reveals to our satisfaction that your claim is valid under the terms of this warranty.
3. The warranties in Section 9(a) cease to be effective if you fail to use the Products sold hereunder in a safe and reasonable manner and in strict compliance with all written instructions and/or specifications from Sherwin-Williams or the third-party manufacturer of such Products.
4. From time to time Sherwin-Williams, or one of our customer service specialists in our online store or in a Retail Store, may make a recommendation of, or a referral to, a painting applicator trained or experienced in applying the Products. In addition, Sherwin-Williams may make available technical service personnel (either online or in a Retail Store) to provide consultations and advice to you regarding the application and use of the Products. YOU ACKNOWLEDGE AND AGREE THAT ANY TECHNICAL OR OTHER ADVICE FURNISHED, OR RECOMMENDATIONS OR REFERRALS MADE, BY SHERWIN-WILLIAMS OR ITS REPRESENTATIVES ARE PROVIDED WITHOUT CHARGE AND ON AN “AS IS” BASIS. SHERWIN-WILLIAMS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING ANY SUCH RECOMMENDATIONS, REFERRALS, CONSULTATIONS OR ADVICE AND ACCEPTS NO LIABILITY ARISING THEREFROM, NOTWITHSTANDING ANY REPRESENTATIONS MADE BY SHERWIN-WILLIAMS OR ITS REPRESENTATIVES TO THE CONTRARY.

1. LIMITATION OF LIABILITY.

1. YOUR USE OF THIS WEBSITE AND ANY PRODUCT PURCHASED THROUGH THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK. EXCEPT WITH RESPECT TO CLAIMS BASED ON PERSONAL INJURIES, IN NO EVENT SHALL SHERWIN-WILLIAMS BE LIABLE TO YOU, OR ANYONE CLAIMING THROUGH OR ON BEHALF OF YOU, FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECULATIVE, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES, LOSS OF PROFITS, LOSS OF USE, PENALTIES OR DEMURRAGE, WHETHER OR NOT BASED UPON SHERWIN-WILLIAMS’ NEGLIGENCE, BREACH OF WARRANTY, BREACH OF CONTRACT, STRICT LIABILITY, TORT OR ANY OTHER CAUSE OF ACTION, EVEN IF SHERWIN-WILLIAMS IS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
2. EXCEPT WITH RESPECT TO CLAIMS BASED ON PERSONAL INJURIES, SHERWIN-WILLIAMS’ SOLE LIABILITY, AND THE EXCLUSIVE REMEDY THAT YOU OR ANYONE CLAIMING THROUGH OR ON BEHALF OF YOU WILL HAVE, FOR ANY CAUSE OF ACTION ARISING IN CONNECTION WITH THE PRODUCTS AND/OR THE USE OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO, THE RECOMMENDATION, PURCHASE, TRANSPORTATION, STORAGE, HANDLING, OR USE OF THE PRODUCTS, IS EXPRESSLY LIMITED TO, AT SHERWIN-WILLIAMS’ OPTION, REPLACEMENT OF THE DEFECTIVE PRODUCTS OR A REFUND OF THE PURCHASE PRICE THEREOF.
3. IF YOU RESIDE IN A STATE OTHER THAN NEW JERSEY, YOUR STATE MAY NOT ENFORCE ALL OF THESE LIMITATIONS, AND ONLY THE LIMITATIONS THAT ARE LAWFULLY APPLIED TO YOU IN YOUR JURISDICTION WILL APPLY.

1. FORCE MAJEURE. Sherwin-Williams will not be liable or deemed to be in breach of these Terms & Conditions for any delay or failure to perform any or all of its obligations by reason of fire, explosion, accidents, hurricanes, tornados, flood, unusually severe or abnormal weather, war or threat of war, riots or civil commotion, acts of terrorism, acts of any governmental authority or agent, interruption of or delay in transportation of Products, labor disputes, shortage of materials or raw materials, inability to obtain raw materials at a reasonable price, acts of God or any other circumstance or event beyond the reasonable control of Sherwin-Williams. If we are rendered unable by force majeure to carry out any or all of our obligations under these Terms & Conditions, we will use reasonable efforts to give notice to you by email, and upon the giving of such notice the obligations of Sherwin-Williams shall be suspended or terminated as may be necessary under the circumstances.
2. PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS. The intellectual property provisions of our website Terms of Use, found at http://www.sherwin-williams.com/terms-of-use, together with the following terms govern your online ordering and purchase of Products. As between you and Sherwin-Williams, all patents and other intellectual property rights arising out of or related to (a) the Products and their formulation and manufacture, and (b) this website and its features, functionality and tools, including but not limited to the ColorSnap® Visualizer for Web, are the sole and exclusive property of Sherwin-Williams. Except for the limited, revocable, non-exclusive right to view, copy, print, and download materials on the website for personal, noncommercial, informational use only, you do not, by virtue of your purchase or possession of the Products or your use of this website, receive any intellectual property ownership interest or any license rights with respect to the Products or this website. In particular and without limitation of the foregoing, you do not, by virtue of your purchase or possession of the Products, receive any right or license (express or implied) to make or have made the Products or to use any trademark or trade name associated with Sherwin-Williams or the Products. To the fullest extent permitted by applicable law, you agree not to analyze or otherwise examine, or allow to be analyzed or examined, any of the Products for the purpose of reverse engineering the formulations used to make the Products or for the purpose of creating a product that competes with any of the Products. You agree not to repackage the Products or remove any trademark or copyright notice from the Products. You further agree not to use or seek to register any trademark, trade name or domain name which is identical or confusingly similar to any trademark, trade name or domain name that Sherwin-Williams owns anywhere in the world. In the event of a conflict between the provisions of the website Terms of Use and the provisions of this Section 12, the provisions that are most protective of Sherwin-Williams (as determined by Sherwin-William) shall govern and control.
3. PRIVACY AND WEBSITE TERMS. Our Privacy Policy, the current version of which can be found at http://privacy.sherwin-williams.com/privacy-highlights, governs the processing of all personal data collected from you in connection with your purchase of Products through this website. Your use of this website is also governed by our Terms of Use, the current version of which can be found at http://www.sherwin-williams.com/terms-of-use.
4. PRODUCT MODIFICATIONS. Except to the extent expressly stated in a written agreement entered into between Sherwin-Williams and you, all Products that are sold to you using this website and our online store are sold for end-use by you and may not be resold, relabeled, or repackaged. We reserve the right to change the formulation or method of manufacture of the Products from time to time in our sole discretion and we will have no obligation to notify you before or after any such change in the Products.
5. COMMUNICATIONS AND NOTICES.

1. Your telephone communications with Sherwin-Williams, including calls with our Online Customer Service representatives and any of our other customer service providers or independent contractors, are routinely monitored and/or recorded. You expressly consent, on behalf of yourself and other users of your phone number, to being monitored or recorded. By providing us with a mobile or other phone number as part of your online registration or during a service call, you expressly authorize us to contact you regarding your account for non-telemarketing communications, via text message or telephone, including the use of prerecorded or auto-dialed calls, using that number.
2. Sherwin-Williams may provide notice to you under these Terms & Conditions by: (a) sending an email to you; or (b) by posting to the Sherwin-Williams website. You agree that we may send emails to you using the e-mail address that you used to create your Sherwin-Williams online account or the address you used to place your order for Products. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current. We assume no responsibility for issues resulting from e-mail notification failures.
3. You may provide notice to Sherwin-Williams under these Terms & Conditions by personal delivery, overnight courier or registered or certified mail to Senior Marketing Director, E-Business, 310 Skylight Office Tower, 1660 W. 2nd Street, Cleveland OH 44113, with a copy to General Counsel, 101 W. Prospect Ave, Cleveland OH 44115. We may update the address for notices to us by posting a notice on the website. Notices provided by personal delivery will be effective upon receipt by us. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

1. INDEMNIFICATION. After you pick up a Product from a Retail Store or otherwise accept delivery of a Product, you shall be solely responsible for the proper transportation, handling, exportation, storage, processing, alteration, use, application, and/or disposal of such Product. To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold Sherwin-Williams harmless from and against any and all actual, alleged, or threatened claims, liabilities, and costs and expenses (including attorneys’ fees) arising out of or resulting from (a) any transportation, handling, exportation, storage, processing, alteration, use, application and/or disposal of a Product by your and/or your applicator; and (b) any actual or alleged breach by you of, or any inaccuracy in, any representation, warranty, covenant or undertaking made by you in these Terms & Conditions.
2. REGULATED PRODUCTS. You acknowledge that (a) the Products are subject to various federal, state, municipal and local laws, rules and regulations, (b) the Products will be delivered to a Retail Store where you can take delivery of them, and (c) the Products are labeled for end-use within the jurisdiction of that ship-to Retail Store. You may not export or otherwise ship the Products outside of the jurisdiction of that Retail Store. The Products are intended for your use only, and are not for resale.
3. COMPLIANCE WITH LAWS. You agree to comply with all applicable laws, rules and regulations, including, without limitation, all, laws, rules and regulations in any way relating to your purchase, ownership, transportation, receipt, handling, storage, processing, alteration, use, application, and disposal of the Products once the Products have been picked up by you from a Retail Store or you have otherwise accepted delivery of the Products.
4. RESPONSIBLE PRACTICES.

1. You acknowledge that Sherwin-Williams has made available on its website product literature and information (including Safety Data Sheets, Product Data Sheets, and Environmental Data Sheets) that include product ingredient composition, health, safety, fire and environmental hazards and warnings, first aid and accidental spill measures, handling, storage, protection and exposure guidelines related to the Products available for purchase on this website. You may find the specific information for each product by using the Data Sheets search tool on the Sherwin-Williams website.
2. You agree (i) to receive this information in electronic form and to familiarize yourself with all such information; (ii) adopt and follow safe handling, storage, transportation, use, treatment and disposal practices with respect to the Products, including, without limitation, special care and practices relating to your use of the Products; (iii) instruct your employees, independent contractors, agents and customers of the precautions and safe use practices required in connection with the unloading, handling, storage, use, transportation and disposal of the Products (including, without limitation, information contained in Sherwin-Williams’ most current Safety Data Sheets or Product Data Sheets); and (iv) comply with applicable safety and environmental laws and take action necessary to avoid spills or other dangers to persons, property or the environment. In the event the Products are intended for professional use only, you represent and warrant to Sherwin-Williams that you are a professional user experienced and knowledgeable regarding how to properly and safely handle, store, dispose of, and use such Products.

1. DISPUTE RESOLUTION.

1. Any claim or cause of action arising out of your purchase or use of the Products, your use of this website, these Terms & Conditions, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties understand and agree that they are waiving the right to trial by jury.Such arbitration shall be conducted by a single arbitrator and the place of the arbitration shall be Cleveland, Ohio. A decision by the arbitrator shall be final and binding. Judgment may be entered on the arbitrator’s award. Sherwin-Williams may bring a lawsuit solely for injunctive relief or equitable remedies to stop unauthorized use of our intellectual property rights without first engaging in arbitration.
2. YOU MAY ONLY RESOLVE DISPUTES WITH SHERWIN-WILLIAMS ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF, CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. YOU ACKNOWLEDGE AND AGREE THAT CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED.
3. In the event that the agreement to arbitrate in this Section is found not to apply to you or your claim or cause of action or if any action is brought for the enforcement of an arbitrator’s order, you and Sherwin-Williams agree that any judicial proceeding will be brought only in the United States District Court for the Northern District of Ohio, Eastern Division, or in courts of the State of Ohio located in Cleveland. Both you and Sherwin-Williams irrevocably consent and agree to venue and personal jurisdiction there. WE BOTH AGREE TO WAIVE OUR RIGHT TO A JURY TRIAL.We both consent to service of process by using the procedures in Section 15 above.
4. Any arbitration shall be confidential, and neither you nor Sherwin-Williams may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. All fees and expenses of the arbitration (including the fees of the arbitrator) will be divided equally between you and Sherwin-Williams. Each party will bear the expense of its own counsel and experts.
5. Any claim or cause of action arising out of your purchase or use of the Products, your use of this website, these Terms & Conditions, or the breach thereof, must be filed within one (1) year after the date that such claim or cause of action arose, or else that claim or cause of action will be permanently barred.

1. APPLICABLE LAW. We both agree that these Terms & Conditions constitute a written agreement signed by both you and Sherwin-Williams under applicable law. These Terms & Conditions shall be governed by the laws of the State of Ohio, excluding any conflicts or choice of law rule or principle that might otherwise refer construction or interpretation of this Agreement to the substantive law of another jurisdiction. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
2. GENERAL TERMS. You may not assign any rights or delegate any obligations under these Terms & Conditions without Sherwin-Williams’ prior written consent. Any assignment or delegation, or attempted assignment or delegation, in contravention of the foregoing shall be null and void. Sherwin-Williams may assign or delegate any of its rights or obligations hereunder. If any provision of these Terms & Conditions is so broad as to be unenforceable, such provision shall be interpreted to be only so broad as is enforceable. If any provision of these Terms & Conditions is declared invalid or unenforceable for any reason other than over-breadth, the offending provision will be modified so as to maintain the essential benefits of the bargain between the parties hereto to the maximum extent possible, consistent with law and public policy. If the Products purchased by you are to be used in the performance of a government contract or subcontract, no government requirements or regulations will be binding on Sherwin-Williams unless specifically agreed to by our authorized representative in writing. The failure of Sherwin-Williams to enforce any of the provisions of these Terms & Conditions will not be construed to be a waiver of any provisions hereunder nor will any such failure prejudice the right of Sherwin-Williams to take any action in the future. Any waiver must be made in writing and signed by an authorized representative of Sherwin-Williams. These Terms & Conditions do not and are not intended to confer any rights or remedies upon any person other than you. In the event that these Terms & Conditions are translated into any language other than English, if any conflict exists between the original and the translation, the English language version will govern and control.