Company Information: CYA Powder Coating, LLC
Federal Employer Identification Number (FEIN): 16-1766541
Operating under the laws of the State of Florida and the United States of America.
Terms and Conditions Agreement
By providing a purchase order or signing a customer authorization for services/work to be provided, the Purchaser acknowledges and agrees to the following terms and conditions of the Warranty and Indemnification Agreement.
1. Warranty Coverage:
CYA Powder Coating, LLC ("CYA") warrants that all powder coating services provided by CYA shall be free from defects in materials and workmanship for a period of one (1) year from the date of customer receival of product/project ("Warranty Period"), subject to the conditions and exclusions outlined herein.
A. Vendor Limitations: This warranty applies exclusively to powder coating that is purchased and supplied by vendors with which CYA has a direct purchasing relationship.
B. Compliance with Manufacturer Specifications: CYA shall only be liable for defects arising from powder coatings when all manufacturer-recommended preparatory procedures have been strictly adhered to by CYA and its personnel. Proof of compliance may be required for warranty claims.
C. Environmental Exclusion: This warranty shall be void for any powder-coated products installed within one (1) mile of a saltwater environment. The corrosive nature of saltwater can significantly compromise the integrity of powder coatings.
D. Maintenance and Documentation Requirements: To maintain warranty coverage, the Purchaser must provide detailed maintenance logs and records of storage locations for the powder-coated items. Such documentation must be accurate and made available to CYA upon request. Failure to provide these logs shall void the warranty.
2. Exclusions from Warranty:
CYA shall not be liable for:
3. Claim Process:
In the event of a warranty claim, the purchaser must:
4. Indemnification:
The Purchaser agrees to indemnify, defend, and hold harmless CYA, its officers, directors, employees, agents, successors, and assigns (collectively, "Indemnified Parties") from and against any and all claims, demands, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorney's fees) arising out of or relating to:
5. Claims and Notifications: The Indemnified Parties shall notify the Purchaser promptly in writing of any claim for which indemnification is sought. The Purchaser shall have the right to control the defense and settlement of any such claim, provided that no settlement shall be made without the written consent of CYA, which consent shall not be unreasonably withheld.
6. Limitation of Liability:
CYA’s total liability under this warranty and indemnification agreement shall not exceed the original purchase price of the powder coating services provided. Under no circumstances shall CYA be liable for any direct, indirect, incidental, special, punitive, or consequential damages arising from or related to any claims, regardless of the form of action, including tort, contract, or otherwise, even if CYA has been advised of the possibility of such damages.
7. Governing Law:
This warranty and indemnification agreement shall be governed by and construed in accordance with the laws of the State of Florida and the United States of America, without regard to its conflict of laws principles.
8. Acceptance:
By executing this agreement through a purchase order or customer authorization, the Purchaser acknowledges and agrees to be bound by the terms and conditions set forth herein. This agreement represents the complete and exclusive agreement of the parties regarding warranty and indemnification and supersedes all prior agreements or understandings, whether written or oral.
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