Resale Dealer Terms and Conditions of Sale
1. Scope of Agreement
These Terms and Conditions govern all purchases, transactions, and orders placed with Tyvarian International. By placing an order, purchasing a product, or becoming a Tyvarian dealer, you acknowledge and agree to comply with these Terms and Conditions.
2. Dealer Program
2.1 Entry-Level Dealer
Dealers must purchase the Dealer Start-Up Kit.
Discounts range from 44% to 50% off list prices based on the dealer’s regional zone.
Orders over $3,000 qualify for free shipping.
2.2 Top-Tier Dealer Program
Achieved by purchasing over $20,000 in products within the first six months.
Discounts range from 48% to 54% off list prices, depending on the dealer’s regional zone.
Additional perks include free shipping and optional on-site training.
2.3 Dealer Obligations
Complete Tyvarian’s online training.
Maintain proper use of Tyvarian branding, marketing materials, and product information.
3. Ordering and Fulfillment
3.1 Placing Orders
Orders can be placed via www.tyvarianorders.com. For custom requests or questions, email orders@tyvarian.com.
Dealer accounts must remain in good standing to place orders.
3.2 Product Availability
Products, including discontinued colors, are subject to availability. Tyvarian will notify dealers of any backorders or delays.
3.3 Shipping and Delivery
Orders over $3,000 qualify for free shipping.
All products are shipped F.O.B. Lindon, UT, with risk transferring upon shipment.
Report visible shipping damages immediately upon delivery.
3.4 Lead Times
Standard lead times apply and will be communicated upon order confirmation.
3.5 Large Order Deposit Policy
For orders totaling $10,000 or more, the following deposit policy applies: A 50% non-refundable deposit is required before production begins. The remaining 50% balance must be paid in full prior to shipment. Orders will not enter production until the deposit has been received.
Any modifications or cancellations after production has begun may result in additional fees or forfeiture of the deposit.
By placing a large order, the dealer acknowledges and agrees to these payment terms.
4. Pricing and Payments
4.1 Pricing
Prices are in U.S. dollars and subject to change without prior notice.
MSRP prices are listed in the Resale Dealer Catalog, with dealer discounts based on the assigned zone.
4.2 Payment Terms
Payment is required prior to shipping.
Accepted payment methods: Credit card, wire transfer, or ACH.
Dealers are responsible for all applicable taxes, duties, and fees unless stated otherwise.
4.3 Shipping and Delivery
Tyvarian selects shipping carriers unless otherwise specified by the dealer.
Shipping costs, including crating and insurance, are included in the invoice.
Risk of loss transfers to the dealer when the materials are picked up by the carrier.
5. Product Acceptance, Inspection, and Returns/Refunds
5.1 Shipping Acceptance and Inspection
The buyer must inspect shipments upon receipt. If damages are identified the buyer must mark the shipping paperwork as damaged and take photos of all of the damages and send photos via this FORM within 24 hours.
If delivery driver refuses to stay at your location while you inspect the shipment, then the following MUST be written on the receipt before signing off with the delivery driver: “REQUIRES FURTHER INSPECTION”.
You still must inspect and report damages to Tyvarian with 24 hours.
5.2 Product Returns and Refunds
Returns are accepted only for defective or damaged items.
Submit written notice with photographic evidence within 24 hours of delivery.
5.3 Non-Returnable Items
Custom or special-order items cannot be returned or refunded unless damaged or defective.
5.4 Color Variance
Slight color variations may occur between samples and final products.
It is recommended to update customer samples yearly for accuracy.
5.5 Reorders for Dealer-Caused Damage or Miscuts
If materials are damaged or miscut during installation, the dealer may place a reorder. These reorders are treated as a high priority and will be expedited in the production schedule.
To initiate a reorder:
A new order must be placed through www.tyvarianorders.com.
A Reorder Form must be completed and submitted with relevant details.
Dealers are responsible for all associated costs, including materials and shipping. Reorders will not enter production until both the order and form are received.
5.6 Reporting Shipping Damage
If materials arrive damaged, the dealer must:
Inspect the shipment immediately upon delivery.
Mark any visible damage on the shipping paperwork.
Take clear photographs of all damaged items.
Submit the damage report HERE and photos via the designated form within 24 hours.
If the driver refuses to wait for inspection, write “REQUIRES FURTHER INSPECTION” on the delivery receipt before signing.
Shipping-related remakes are also treated as a production priority. To ensure no charges are incurred for remakes or shipping, timely reporting with proper documentation is required.
6. Product Warranty
Tyvarian warrants products to be free of manufacturing defects for the lifetime of the owner.
Warranty does not cover damage from improper installation, misuse, or normal wear and tear.
Claims must include proof of purchase and photographic documentation.
7. Proper Use of Tyvarian Products
Tyvarian panels and products are designed for specific applications and must be used in accordance with recommended guidelines.
7.1Restrictions on Use
Tyvarian panels are not intended for use in steam showers or environments with consistent high heat exposure.
Improper installation or use of products in unapproved applications voids all warranties and may result in product failure.
7.3 Ceilings
While Tyvarian can be used for ceilings, we DO NOT recommend it without proper training. Contact us for more information on installing a ceiling panel.
7.2 Dealer Responsibility
Dealers are responsible for educating customers on the proper applications of Tyvarian products.
For questions about specific use cases, contact Tyvarian International for guidance.
8. Storage Guidelines
Proper storage of Tyvarian products is essential to maintain their quality and prevent discoloration.
8.1 Climate-Controlled Environment
Store all panels and materials in a climate-controlled environment to prevent yellowing and ambering.
Avoid exposure to high heat or direct sunlight, as excessive temperatures can cause discoloration.
8.2 Airflow Requirements
Ensure that stored panels have adequate airflow to prevent trapped heat and moisture, which can lead to yellowing.
Do not stack panels too tightly or place them in fully enclosed storage areas without ventilation.
8.3 General Storage Recommendations
Keep materials dry and off the ground to avoid moisture-related damage.
Store panels in an area with stable temperature and humidity levels to maintain material integrity.
If long-term storage is necessary, periodically inspect panels to ensure proper airflow and prevent discoloration.
9. Installation and Dealer Training
9.1 Installation Resources
Tyvarian provides installation resources, including wall panels, trims, shower floor systems, and installation guidelines.
9.2 Training
Training at Tyvarian’s Utah facility is complimentary; travel and accommodations are dealer responsibilities.
10. Rush Order Policy
Tyvarian is committed to providing high-quality, made-to-order shower wall panels. We understand that urgent situations may arise, and we offer a Rush Order option when production capacity allows.
10.1 Eligibility and Requirements
All Rush Orders must be placed through www.tyvarianorders.com before submitting the Rush Order Request Form HERE.
Rush Order requests must be submitted using the official form provided.
Approval from Tyvarian is required before the order will enter production. You will be sent an email letting you know if your request has been approved or not.
Expedited production is subject to material availability and is not guaranteed in all cases.
10.2 Rush Order Fee
A 20% fee will be added to the total discounted price of the order.
The total value of any Rush Order may not exceed $7,000.
10.3 Exemptions
Rush fees do not apply to material replacements due to shipping damage or dealer-caused breakage/miscuts. In those cases, please use the designated form provided in Sections 5.5 and 5.6.
10.4 Scheduling and Lead Time
Once approved, Rush Orders will be scheduled for production and cannot be canceled or modified.
Tyvarian aims to ship all Rush Orders within 7 business days.
Orders placed after 12:00 PM (M–F) will begin processing the next business day.
10.5 Contact
For questions about Rush Orders or to request approval, please contact our team directly.
11. Intellectual Property
All designs, images, and marketing materials are the intellectual property of Tyvarian International. Dealers may not reproduce or distribute these materials without written consent.
12. Limitation of Liability
Tyvarian International is not liable for indirect or consequential damages, including loss of profits, property damage, or personal injury.
13. Governing Law
These Terms and Conditions are governed by the laws of the State of Utah. Disputes will be resolved in Utah County courts.
14. Contact Information
For questions or concerns, contact:
Tyvarian International
195 South Geneva Road
Lindon, UT 84042
801.785.0353
www.tyvarian.com
www.tyvarianorders.com
Manufacturing Dealer Terms and Conditions
Scope of Agreement
These Terms and Conditions govern all purchases, transactions, and orders placed with Tyvarian International. By placing an order, purchasing a product, or becoming a Tyvarian Manufacturing Dealer, you acknowledge and agree to comply with these Terms and Conditions.
1. Manufacturing Dealer Program Overview
Manufacturing Dealers are licensed to produce Tyvarian products using Tyvarian’s proprietary process.
Participation requires:
Payment of a $9,995 licensing fee and $199 monthly fee.
Completion of mandatory training at the Tyvarian facility.
2. Licensing and Obligations
A signed Manufacturing Dealer License Agreement is required.
Dealers must adhere to Tyvarian’s manufacturing specifications, standards, and guidelines.
Monthly licensing fees must be paid to maintain active status.
3. Training and Start-Up Kit
3.1 Training
One-day training at Tyvarian’s Utah facility (complimentary for up to four participants).
Travel and lodging costs are the dealer’s responsibility.
3.2 Start-Up Kit
The licensing fee includes a Tyvarian Start-Up Kit with tools, film, and handbook needed for manufacturing.
4. Ordering and Film Licensing
Film orders must be placed via Formstack. Access the Dealer Login Portal to place orders.
Upon order placement, dealers will receive an email confirmation.
Tyvarian HD Film is categorized into pricing tiers: Standard, Premium, and Designer.
Film pricing excludes crating and shipping costs.
4.1 Order Modifications or Cancellations
Orders can be modified or canceled if Tyvarian is notified within 24 hours by phone and email confirmation.
5. Payment and Pricing
The Manufacturing Dealer Catalog reflects fixed, discounted prices. Additional discounts are not available.
All prices are in U.S. dollars and subject to change unless locked in by a confirmed order.
Payment for film, resin, tools, and other supplies must be made in full prior to shipping.
Accepted payment methods: ACH and credit cards.
No credit terms are available.
Dealers are responsible for all applicable taxes, duties, and fees unless otherwise stated.
6. Shipping and Delivery
Orders are shipped using carriers selected by Tyvarian unless otherwise specified by the dealer.
Shipping costs, including crating and insurance, are included in the dealer’s invoice.
Delivery timelines provided in the order confirmation are subject to carrier delays or unforeseen circumstances.
Risk of loss transfers to the dealer when materials are picked up by the carrier.
7. Product Acceptance, Inspection, and Returns/Refunds
7.1 Shipping Acceptance and Inspection
Dealers must inspect shipments upon receipt and notify Tyvarian and the carrier of any damage immediately.
Failure to report damage will be deemed acceptance of the product as-is.
7.2 Product Returns and Refunds
Returns are accepted only for defective or damaged materials upon arrival.
To initiate a return, dealers must:
Provide written notice with photographic evidence of the defect or damage.
Specify the desired resolution (e.g., refund or replacement).
7.3 Non-Returnable Items
Custom or special-order items cannot be returned or refunded unless damaged or defective.
7.4 Color Variance
Tyvarian strives for accurate color representation; however, slight variations may occur between printed, digital, and physical samples.
Dealers are encouraged to update physical samples annually to ensure accuracy.
8. Use of Tyvarian Brand and Materials
Manufacturing Dealers are authorized to use Tyvarian branding, processes, and tools only for licensed production.
Unauthorized reproduction, modification, or sharing of Tyvarian proprietary materials is prohibited.
9. Product Warranty
Tyvarian warrants materials, including film and tools, against manufacturing defects for one year. Warranty is voided by improper usage, installation, or storage.
10. Intellectual Property
Tyvarian processes, tools, molds, and designs are protected intellectual property. Dealers must order all prints and Flo-coat exclusively from Tyvarian.
All technology, patents (Schedule A), trademarks, and improvements remain the sole property of Tyvarian.
11. Termination of Agreement
Tyvarian may terminate the license for non-payment, non-compliance with terms, or misuse of intellectual property. Dealers have 30 days to remedy material breaches to avoid termination.
Dealers may terminate the agreement with 30 days’ written notice. Upon termination, dealers must cease using Tyvarian branding and materials.
12. Governing Law
These Terms are governed by the laws of the State of Utah. Disputes will be resolved in the courts of Utah County, Utah.
13. Contact Information
For orders, support, or licensing inquiries, contact:
Tyvarian International
195 South Geneva Road
Lindon, UT 84042
801.785.0353
www.tyvarian.com
chase@tyvarian.com
orders@tyvarian.com