Tyvarian Dealer Terms & Conditions of Sale
1. Scope of Agreement
These Terms and Conditions (“Terms”) govern all purchases, transactions, and orders placed with Tyvarian International (“Tyvarian”). By placing an order, purchasing products, or participating in the Tyvarian dealer program, you (“Dealer”) agree to comply with these Terms.
2. Dealer Accounts
Dealer accounts are restricted to approved business users only.
You agree to:
Provide accurate and current account information
Maintain confidentiality of your login credentials
Be responsible for all activity under your account
Tyvarian reserves the right to suspend or terminate accounts at any time.
3. Ordering and Fulfillment
3.1 Placing Orders
Orders are placed through www.tyvarianorders.com. Dealer accounts must be in good standing to place orders. If you have an outstanding balance, your order may be put on hold until your balance is paid.
3.2 Order Acceptance
All orders are subject to review and acceptance by Tyvarian. Tyvarian reserves the right to refuse, cancel, or request clarification on any order.
3.3 Order Accuracy and Final Specifications
Dealer is solely responsible for verifying all measurements, dimensions, configurations, and selections prior to submitting an order.Once submitted, all specifications are considered final.Tyvarian is not responsible for errors in measurements, specifications, or selections provided by the Dealer.
3.4 Product Availability
All products, including colors and materials, are subject to availability. Tyvarian will notify Dealers of any backorders or delays.
3.5 Production and Lead Times
Lead times are estimates only and may vary. Tyvarian is not liable for delays due to production volume, material shortages, or external factors.
3.6 Large Order Deposit Policy
For orders of $10,000 or more:
A 50% non-refundable deposit is required prior to production
The remaining balance must be paid before shipment
Orders will not enter production until deposit is received
Changes or cancellations after production begins will result in forfeiture of deposit
4. Pricing and Payments
4.1 Pricing
All prices are in U.S. dollars. Prices are subject to change without notice. Dealer discounts are based on assigned zones.
4.2 Pricing Errors
Tyvarian reserves the right to correct any pricing, calculation, or configuration errors at any time, including after an order is placed. Orders affected may be adjusted or canceled.
4.3 Payment Terms
Payment is required prior to shipment
Accepted methods: credit card, ACH, or wire transfer
Dealer is responsible for all applicable taxes and fees
5. Shipping, Delivery, and Risk of Loss
All shipments are F.O.B. Lindon, Utah. Risk of loss transfers to Dealer when products are picked up by the carrier. Tyvarian selects carriers unless otherwise requested. Shipping costs, including crating and insurance, are included in the invoice
6. Product Acceptance, Inspection, and Claims
6.1 Inspection Requirements
Dealer must inspect all shipments upon delivery.
If damage is visible:
Note damage on delivery receipt
Take photosReport to Tyvarian within 24 hours
If inspection cannot be completed at delivery, the following must be written on the receipt:“REQUIRES FURTHER INSPECTION”Damage must still be reported within 24 hours.
6.2 Claims and Defects
Claims must include written notice and photographic documentation. Tyvarian will determine, at its sole discretion, whether replacement or credit is warranted.
7. Returns and Non-Returnable Items
Returns are only accepted for defective or damaged products. Custom and special-order products are non-returnable and non-refundable unless defective.
8. Color, Pattern, and Material Variations
Due to manufacturing and printing processes:
Colors, patterns, and textures may vary
Samples and digital renderings may not exactly match final products
Variations are not considered defects
Dealers are encouraged to maintain up-to-date samples.
9. Product Warranty
Tyvarian warrants products to be free from manufacturing defects for the lifetime of the original owner.
Warranty does not cover:
Improper installation
Misuse or modification
Normal wear and tear
Use outside recommended applications.
All claims must include proof of purchase and documentation.
10. Product Use and Installation Responsibility
10.1 Proper Use
Products must be used according to Tyvarian guidelines.
Restrictions include:
Not approved for steam showers or high-heat environments
Improper use voids all warranties
10.2 Installation Responsibility
Tyvarian is not responsible for installation.
Dealer assumes full responsibility for:
Proper installation
Compliance with local codes
Installer training and execution
Improper installation voids warranty and liability.
11. Storage Guidelines
Products must be stored properly to prevent damage or discoloration.
Store in climate-controlled environments
Avoid heat and direct sunlight
Ensure proper airflow
Keep materials dry and off the ground
Failure to follow storage guidelines may result in product issues not covered under warranty.
12. Training and Resources
Tyvarian provides installation resources and guidanceTraining at Tyvarian’s facility is complimentaryTravel and accommodations are the Dealer’s responsibility
13. Intellectual Property
All Tyvarian designs, images, branding, and materials are proprietary.Dealers may not reproduce, distribute, or use materials without written permission.
14. Limitation of Liability
Tyvarian shall not be liable for any indirect, incidental, or consequential damages, including loss of profits, business interruption, or reputational harm.In all cases, Tyvarian’s total liability shall not exceed the amount paid by the Dealer for the specific product giving rise to the claim.
15. Indemnification
Dealer agrees to defend, indemnify, and hold harmless Tyvarian from any claims, damages, or expenses arising from:
Improper installation
Misuse or modification of products
Dealer representations to customers
Violation of these Terms
16. Right to Refuse Service
Tyvarian reserves the right to refuse service, cancel orders, or terminate dealer accounts at its sole discretion.
17. Governing Law
These Terms are governed by the laws of the State of Utah. All disputes shall be resolved in Utah County courts.
18. Entire Agreement
These Terms constitute the entire agreement between Tyvarian and the Dealer and supersede all prior or contemporaneous agreements, communications, and understandings.
19. Contact Information
Tyvarian International
195 South Geneva Road Lindon, UT 84042
801.785.0353
www.tyvarian.com
www.tyvarianorders.com
info@tyvarian.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