Terms and Conditions

3M Automotive Aftermarket Division

Terms and Conditions of Sale for 3M™ Collision Repair Solutions

 This document and the information contained in it are confidential and intended for use only by 3M consumers (“Consumers” and each a “Consumer”).  Any other use or distribution is not permitted and may violate one or more existing 3M agreements.

 Orders

Consumer may place orders for the 3M Collision Repair Solutions System, and any of its components (collectively, the “Products”) via 3M’s Shopify portal.  All orders will be on a cash-with-order basis.

 Title and rights to ownership to the Products will vest in Consumer upon shipment of the Products to Consumer. 

 No Resale

The Products are intended for Consumer’s use and consumption only.  Consumer will not sell, convey or otherwise transfer any of the Products.  3M will ship Products only to the Consumer location(s) listed on Consumer’s Shopify order details.

 3M Trademarks, Name, and Logo

3M grants Consumer permission to use the term “3M’ to designate the source of Products, but such use must not be in a manner that implies that Consumer is owned by, or a part of, 3M.

 Limited Warranty and Remedies; Limitation of Liability

 Warranty and Limited Remedy.  Unless a different warranty is specifically stated on the applicable 3M product packaging or product literature (in which case such warranty governs), 3M warrants that each 3M product meets the applicable 3M product specification at the time 3M ships the product.  3M MAKES NO OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ARISING OUT OF A COURSE OF DEALING, CUSTOM, OR USAGE OF TRADE.  If a 3M product does not conform to this warranty, then the sole and exclusive remedy is, at 3M’s option, replacement of the 3M product or refund of the purchase price. 

Limitation of Liability.  Except for the limited remedy stated above, and except to the extent prohibited by law, 3M will not be liable for any loss or damage arising from or related to the 3M product, whether direct, indirect, special, incidental, or consequential (including, but not limited to, lost profits or business opportunity), regardless of the legal or equitable theory asserted, including, but not limited to, warranty, contract, negligence, or strict liability.

3M will have no obligations under this section Products that have been modified or damaged through misuse, abuse accident, neglect, or mishandling by anyone other than 3M.

Disputes

3M and Consumer will resolve all claims and disputes arising from or relating to the Product(s) or these Terms and Conditions (collectively “Claims”) exclusively through the following dispute resolution processes: (i) good faith negotiations between duly authorized representatives of each party; (ii) if necessary, non-binding mediation before a neutral mediator jointly selected and paid for by the parties; and (iii) as a last resort, litigation.  Any litigation arising from or relating to the Product(s) or these Terms and Conditions shall be filed and maintained exclusively in the state or federal courts located in St. Paul, Minnesota.  Consumer consents to the jurisdiction of such courts.  This paragraph will not preclude either party from taking other legal action to the extent necessary to prevent immediate, irreparable harm to that party’s interests, subject to the stated venue requirements.  Minnesota law, without regard to conflict of laws principles, shall exclusively govern these Terms and Conditions and any Claims.  Each party irrevocably waives any right to a jury trial with respect to any Claims.