BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (i) DO NOT AGREE TO THESE TERMS, (ii) ARE NOT THE OLDER OF (A) AT LEAST 18 YEARS OF AGE OR (B) LEGAL AGE TO FORM A BINDING CONTRACT WITH MULTI SEAL®, OR (iii) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.

These terms and conditions (these “Terms“) apply to the purchase and sale of products through www.multiseal.us (the “Site“). These Terms are subject to change by EGR Holdings, LLC or any of its subsidiaries or affiliates (referred to as “MULTI SEAL®”, “us,” “we,” or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.

This Agreement applies to any customer, distributor, or dealer (each a “Customer”) that orders, purchases, or uses any product (“Products”) from MULTI SEAL® or any of its subsidiaries or affiliates or an authorized reseller of MULTI SEAL® (“Reseller”), unless you enter into a separate written agreement with MULTI SEAL®.  THIS AGREEMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.  PLEASE SEE SECTION 8 BELOW.

1. Payment Terms.

Prices are in U.S. dollars and exclude shipping, handling, licensing, fees, duties and taxes (including without limitation value add, use, and sales taxes) unless otherwise noted. Customer is responsible for paying all taxes associated with an order. MULTI SEAL® may change prices without notice; all orders are subject to the MULTI SEAL’s® price in effect at the time of shipping.  Payment is due at the time stated in your invoice or when product is shipped unless MULTI SEAL® has extended credit to you.  Amounts not paid when due bear interest at the rate of one and one-half percent (1.5%) per month (18% per annum) or the highest rate allowed under applicable law, whichever is lower. If you financed your purchase, the loan or lease transaction is between you and your lender, independent of your purchase from MULTI SEAL®, except that MULTI SEAL® may, at the request of your lender, withhold technical and warranty support and other services from you.

2. Shipping; Acceptance; and Title.

MULTI SEAL® will arrange common carriers to ship Products; provided, however, all freight charges and similar costs will be billed directly to Customer by the common carrier, not MULTI SEAL®. Customer shall remain responsible for charges paid directly to common carrier. All Products shipped ExWorks MULTI SEAL’s® facility (INCOTERMS 2020) meaning risk of loss to Products pass to Customer when the designated carrier initially loads Products at the MULTI SEAL’s® facility. MULTI SEAL® may ship Products in a single or multiple shipments. 

Customer must notify MULTI SEAL® of damaged or missing items from Products ordered within three (3) days of receipt of Products (the “Inspection Period”). Customer must notify MULTI SEAL® of all non-conforming items during the Inspection Period by providing written notice explaining in detail how the Products are non-conforming. Customer shall give MULTI SEAL® a reasonable opportunity to inspect and cure any non-conforming items. Failure to provide MULTI SEAL® written notification of non-conforming items during the Inspection Period will be deemed that Customer has accepted all delivered Products. All returns must be authorized by MULTI SEAL® in writing. Customer will bear all risk of loss for Products returned to MULTI SEAL®, and Customer shall be responsible for all costs and expenses associated with the return of Products.   

Title to Products and risk of loss pass to Customer upon delivery of Products in accordance with this Agreement. All claims for damages or losses incurred in transit shall be made solely against the common carrier. 

3. Limited Warranty.

MULTI SEAL® tire sealants are warranted to be free of defects in material and workmanship. MULTI SEAL® will replace the product free of cost after MULTI SEAL® inspection and if analysis discloses any such defects occurring in recommended usage. Customer must provide MULTI SEAL® with used material sample for analysis (min of 8 ounces) and proof of purchase at Customer’s expense. If the material is found to be defective, MULTI SEAL® will reimburse Customer for all shipping costs. 

This warranty covers defects in material and/or workmanship discovered while using the product as recommended by MULTI SEAL®, subject to the exclusions below.

Should the product fail due to defects in material and/or workmanship, Customer’s sole recourse shall be product replacement. 

THIS LIMITED WARRANTY DOES NOT COVER ORDINARY WEAR AND TEAR, MISUSE OR MINOR IMPERFECTIONS WITHIN DESIGN SPECIFICATIONS OR WHICH DO NOT MATERIALLY ALTER FUNCTIONALITY. MULTI SEAL® DOES NOT WARRANT AND IS NOT RESPONSIBLE FOR DAMAGES CAUSED BY MISUSE, ABUSE, ACCIDENTS, UNAUTHORIZED SERVICE OR PARTS, THE COMBINATION OF MULTI SEAL® BRANDED PRODUCTS WITH OTHER PRODUCTS, IMPROPER STORAGE CONDITIONS, IMPROPER INSTALLATION, FAILURE TO FOLLOW THE PRODUCT INSTRUCTIONS, MODIFICATIONS TO PRODUCT, USE IN PASSENGER VEHICLES OR LIGHT DUTY TRUCKS/SUVS, OR TIRES/WHEELS EQUIPPED WITH TPMS. THIS LIMITED WARRANTY DOES NOT COVER NON-MULTI SEAL® BRANDED PRODUCTS. ANY WARRANTY APPLICABLE TO NON-MULTI SEAL® BRANDED PRODUCTS IS PROVIDED BY THE ORIGINAL MANUFACTURER.

Customer is solely responsible for determining if product is fit for a particular purpose and suitable for Customer’s method of application. MULTI SEAL® is not responsible for the results or consequences of us, misuse or application of its Products. All statements and recommendations provided by MULTI SEAL® on its Products are either based on tests or experience that MULTI SEAL® believes to be reliable, but nothing is guaranteed.

This limited warranty extends only to the original purchaser of Products from MULTI SEAL®. It does not extend to any subsequent or other owner or transferee of the Product or any transferee or other beneficiary of the Product.

4. Disclaimer of Warranties; Limitation of Liability.

EXCEPT FOR THE WARRANTIES EXPRESSED IN THIS AGREEMENT, MULTI SEAL® DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.  THE TERM OF ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED ARE LIMITED TO THE TERM OF THIS AGREEMENT.

MULTI SEAL®’S MAXIMUM LIABILITY (AND CUSTOMER WAIVES ALL CLAIMS) IS LIMITED TO THE PURCHASE PRICE PAID FOR PRODUCTS OR SERVICES AS TO WHICH THE CLAIM IS MADE. MULTI SEAL® IS NOT LIABLE FOR LOSSES RESULTING FROM ACTIONS MULTI SEAL® IS UNABLE TO REASONABLY CONTROL, SUCH AS ACTS OF GOD, ACTS OF THIRD PARTIES, OR FOR PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST DATA OR OTHER CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, OTHER THAN THOSE DAMAGES THAT ARE INCAPABLE OF LIMITATION, EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.

THIS AGREEMENT GIVES CUSTOMER SPECIFIC LEGAL RIGHTS, AND THOSE RIGHTS MAY VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO ALL PARTIES.

5. Goods Not for Resale or Export. 

Unless you are a Reseller, you represent and warrant that you are buying products or services from MULTI SEAL® for your own use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the United States. 

6. Intellectual Property. 

MULTI SEAL® is and will remain the sole and exclusive owner of all intellectual property rights in and to each Product made available and purchased by you herein and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks and other intellectual property rights. You do not and will not have or acquire any ownership of these intellectual property rights in or to the Products made available by MULTI SEAL® or of any intellectual property rights relating to those Products.

7. Use of Trademarks and Trade Names. 

Purchaser shall not use, directly or indirectly, in whole or in part, MULTI SEAL® name, or any other trademark or trade name that is now or may hereafter be owned by MULTI SEAL® (collectively the “Trademarks”), as part of Purchaser’s corporate or business name, or in any way in connection with Purchaser’s business, except in a manner and to the extent authorized herein or otherwise approved by MULTI SEAL® in writing. Purchaser hereby acknowledges MULTI SEAL’s® ownership of the Trademarks and the goodwill associated therewith. Purchaser shall not infringe upon, harm or contest the validity of any Trademarks. Purchaser shall be entitled to use the Trademarks only in connection with the promotion or sale of the Authorized Products pursuant to the terms of the Agreement. Purchaser shall reproduce the Trademarks exactly as specified by MULTI SEAL®. Purchaser shall not use the Trademarks in combination with any other trademarks or names. Purchaser agrees that it will not register or attempt to register any Trademark or any colorable imitation thereof (including any non-English language variation thereof) or use such Trademarks for any products or for any purposes other than those set forth in the Agreement. Purchaser shall not at any time during or after termination of the Agreement use in its business any other trademark that is similar to or in any way resembles the Trademarks so as to be likely to cause deception or confusion with the Trademarks. Purchaser shall provide reasonable cooperation to MULTI SEAL® with respect to any efforts of MULTI SEAL® to protect, defend or enforce its rights to the Trademarks. Should Purchaser cease being an authorized customer of MULTI SEAL® for any reason, Purchaser shall immediately discontinue any formerly permitted use of MULTI SEAL’s® name or the Trademarks.

8. Dispute Resolution.

Customer and MULTI SEAL® agree that any Dispute between the parties will be resolved exclusively and finally by arbitration administered by the American Arbitration Association (“Arbitrator”) and conducted under its Commercial Rules, except as otherwise provided below.  The arbitration will be conducted before a single arbitrator and will be limited solely to the Dispute between Customer and MULTI SEAL®. The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be conducted on a class-wide or class action basis. The arbitration shall be held in Houston, Texas by submission of documents, by telephone, online or in person whichever method of presentation you choose. If you prevail in the arbitration of any dispute with MULTI SEAL®, MULTI SEAL® will reimburse You for any fees you paid to Arbitrator in connection with the arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered thereon in any court of competent jurisdiction. Should either party bring a dispute in a forum other than Arbitrator, the arbitrator may award the other party its reasonable costs and expenses, including attorneys’ fees, incurred in staying or dismissing such other proceedings or in otherwise enforcing compliance with this dispute resolution provision.  You understand that, in the absence of this provision, You would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that You have expressly and knowingly waived those rights and agreed to resolve any Disputes through binding arbitration in accordance with the provisions of this paragraph.  This arbitration provision shall be governed by the Federal Arbitration Act, 9 U.S.C. Section 1, et seq.  For the purposes of this provision, the term “Dispute” means any dispute, controversy, or claim arising out of or relating to (i) this Agreement, its interpretation, or the breach, termination, applicability or validity thereof, (ii) the related order for, purchase, delivery, receipt or use of any product or service from MULTI SEAL®, or (iii) any other dispute arising out of or relating to the relationship between You and MULTI SEAL®; the use of the term MULTI SEAL® in this section includes its parents, subsidiaries, affiliates, directors, officers, employees, beneficiaries, agents, assigns, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by MULTI SEAL®; and the term “You” means you, or those in privity with you, such as family members or beneficiaries.  

9. General.

Customer may not assign this Agreement without MULTI SEAL’s® written consent. MULTI SEAL® and its subsidiaries and affiliates are intended beneficiaries of this Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to products or services purchased from MULTI SEAL®, this Agreement shall govern. This Agreement may not be modified, altered or amended without the written agreement of MULTI SEAL®. Any additional or altered terms attached to your order shall be null and void, unless expressly agreed to in writing by MULTI SEAL®. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired. This Agreement shall be interpreted under the laws of the State of Texas, without giving effect to conflicts of law rules.  

10. Privacy Notice.

MULTI SEAL® respects our customers’ right to privacy and will take all appropriate steps to keep personal information confidential. Please review MULTI SEAL’s® Privacy Policy on our website.  The Privacy Policy also explains how you can update your information and elect not to receive email marketing solicitations from MULTI SEAL®. In addition, MULTI SEAL® obtains customer information from other companies that provide products and services to our customers. By purchasing, registering for or using other companies’ products and services that are distributed by MULTI SEAL®, you agree that these companies may transfer your customer information to MULTI SEAL®. MULTI SEAL® will maintain and use your customer information in accordance with its Privacy Policy.

Last Updated: October 1, 2024