Effective Date: 4/24/2026

By accessing or using the website of San Diego Powder & Protective Coatings, Inc. (“SDPPC,” “we,” “our,” or “us”), submitting a request for quotation, or accepting an SDPPC proposal, you (“Client,” “you,” or “your”) agree to be bound by the following Terms & Conditions.

1. No Offer; Informational Use Only

All information on this website, including descriptions of services, certifications, and capabilities, is provided for general informational purposes only and does not constitute an offer, bid, proposal, or guarantee of services. No contractual relationship is created by the use of this website. A binding agreement exists only when SDPPC issues a written proposal, quotation, or contract that is accepted in writing by Client via purchase order or subcontract agreement.

2. Scope of Services and Scope of Work

SDPPC performs industrial coating services, including surface preparation, powder coating, wet-applied protective coatings, and related work, only as expressly defined in a written proposal, quotation, work order, or contract issued by SDPPC. Any work not expressly stated in a signed written agreement is excluded.

SDPPC shall perform only the work expressly described in the written proposal. Any work not expressly included is excluded and shall constitute extra work subject to a written change order, additional compensation, and schedule adjustment.

3. Certifications and Industry Standards

SDPPC is a Certified Small Business Enterprise (SBE) and maintains AMPP QP-1, QP-3, and QS-1 certifications. These certifications represent compliance with recognized industry standards for shop coating application and do not create warranties, guarantees, or obligations beyond the requirements of the written scope of work for any given project. All work is performed in accordance with applicable project specifications, industry standards, and coating manufacturer recommendations. SDPPC employs AMPP Certified Coatings Inspectors and Quality Control Technicians working under the direction of an AMPP Senior Coatings Inspector/Quality Assurance Manager. AMPP-certified inspection documentation will be provided to Client, per the request for proposal requirements and as noted on the estimate and proposal.

4. Proposal Validity and Pricing

All pricing, schedules, quantities, and assumptions communicated by SDPPC are project-specific and valid only for the period stated in the written proposal (minimum of thirty (30) calendar days from the date of issuance unless stated otherwise in writing). SDPPC is entitled to rely on the accuracy and completeness of all information provided by Client and is not responsible for errors, omissions, or inaccuracies in Client-furnished data, drawings, or specifications. Pricing is based on information available at the time of bid and may be adjusted for changes in scope, specifications, quantities, access conditions, material costs, or unforeseen site conditions.

5. What Quotes Include

Unless the proposal states otherwise, the quoted price includes all labor, materials, equipment, consumables, applicable taxes, and insurance necessary to perform the described scope of work.

6. Standard Assumptions and Exclusions

Unless expressly stated in writing and noted on the proposal or work order, SDPPC’s services exclude:

Transportation, pickup, and delivery of materials

Masking, plugging, and taping

Removal of contaminants, including oil, grease, release agents, soluble chlorides, and old lead paint

Fabrication correction, edge grinding, and surface defect repair

Field repair or touch-up after delivery

Third-party inspection services

Guaranty, maintenance, performance, or other bonds

Overtime, additional shifts, or schedule acceleration

Unforeseen conditions encountered during execution may require additional compensation and schedule adjustment pursuant to a written change order.

7. Surface Conditions and Extra Work

Pricing assumes suitable surface conditions as delivered. Products received are assumed to be structurally sound and ready for processes specified in the estimate. If any excluded services listed in Section 6 are encountered during execution, such work shall constitute extra work and will be billed at agreed-upon rates pursuant to a written change order.

8. Quality Control, Inspection, and Acceptance

SDPPC maintains internal quality control inspection procedures in accordance with its Quality Management System. Client inspections and/or third-party inspections at SDPPC’s facility are permitted and encouraged prior to shipment. It is the Client’s responsibility to inspect and accept work before materials are released from SDPPC’s custody. Scheduling and requesting in-process inspections are the Client’s responsibility and must be documented on the Estimate or Purchase Order. Additional costs apply to these service accommodations.

Work not rejected in writing prior to release from SDPPC’s facility shall be deemed accepted. The finished coating system shall be generally free of runs, sags, blisters, pinholes, mud-cracking, drips, voids, overspray, and inadequate adhesion. Cosmetic variations consistent with industry standards do not constitute defects. Metallic colors and coatings may have differences in shade and darkness due to material shapes and sizes.

9. Risk of Loss

Risk of loss transfers to Client upon release of materials from SDPPC’s custody. SDPPC is not responsible for damage occurring after release, including but not limited to damage caused by improper coating specification by others, transportation, shipping, hauling, unloading, erection, installation, improper job-site storage, acts of God, or exposure to aggressive atmospheric or chemical conditions at the delivery site.

10. Delivery, Pickup, and Storage

Unless stated otherwise, transportation is the Client’s responsibility. Work shall be delivered to San Diego Powder & Protective Coatings at 1702 N. Magnolia Ave., El Cajon, California 92020, unless agreed upon otherwise in writing. SDPPC will provide standard dunnage and/or support to help prevent handling damage for deliveries from our facility; special packaging requests will be charged separately. Tie-down and load security shall be the Client’s responsibility during their transportation. SDPPC includes seven (7) calendar days of post-completion yard storage at no additional charge. Materials retained beyond seven (7) days are subject to a daily storage fee of $1.00 per square foot of yard space occupied, with a minimum daily charge of $25.00.

11. Quantities and Unit Pricing (If Applicable)

Where unit pricing applies (per square foot, linear foot, or weight), quantities stated in the proposal are estimates. Client is responsible for verifying stated quantities prior to execution. Actual quantities shall govern billing, and overruns will result in additional charges at the applicable unit rates.

12. Project Duration and Schedule

Estimated project durations are based on eight (8) hour workdays, Monday through Friday, excluding holidays. Delivery dates and turnaround times communicated by SDPPC are estimates unless expressly guaranteed in writing with Owner approval. SDPPC is not responsible for delays caused by weather, material availability, acts of God, pandemic, government orders, Client actions, or acts of third parties. SDPPC assumes no responsibility for job-site delays, back-charges, liquidated damages, or consequential costs arising from factors beyond its reasonable control. Overtime and expedited processing are available at additional cost. Expedited requests are scheduled as early-completion targets rather than guaranteed deadlines, as coatings work is subject to weather-dependent curing times and finish-quality requirements that may affect final completion dates.

13. Payment Terms

New accounts are C.O.D. After credit approval, terms are Net 30 with no retention withheld. Pay-if-paid and pay-when-paid provisions are expressly rejected.

Mobilization Billing: Projects may be subject to mobilization for materials and procurement invoice of approximately twenty-five percent (25%) of the contract value prior to commencement of work.

Lump Sum Projects: Weekly progress invoices will be furnished based on a mutually agreed percentage of overall project completion, payable Net 30 with no retention.

Unit Price Projects: Invoices will be based on measured quantities at the applicable unit rates.

Delinquent Accounts: Accounts over thirty (30) days past due are subject to a service charge of one and one-half percent (1.5%) per month (18% per annum) unless prior written arrangements are made.

Accepted payment methods include company check, credit/debit card, cash, and ACH transfer. Personal checks are not accepted for pickup orders. SDPPC reserves the right to suspend work for non-payment.

14. Plant Visitors and On-Site Work by Customers

Work performed by Client’s forces at SDPPC’s facility is permitted only when quoted and agreed upon in advance. Client must provide evidence of Workers’ Compensation, Automobile, and General Liability insurance ($1,000,000 per occurrence, naming San Diego Powder & Protective Coatings, Inc. as additional insured) prior to performing any work at SDPPC’s facility. All client personnel and representatives must adhere to company policies and procedures and make parking arrangements prior to arriving on-site with tradesmen.

15. Limited Warranty

Unless otherwise stated in writing, SDPPC warrants its workmanship for a period of one (1) year from the date of completion. SDPPC will repair defects determined to result from defective workmanship and/or materials as identified by a mutually agreeable third-party inspection firm; the cost of such inspection shall be shared equally by Client and SDPPC.

This warranty does not cover and expressly excludes: normal wear and deterioration; misuse or abuse; improper specification of surface preparation or coating system by others; environmental, atmospheric, or chemical exposure; substrate or base metal failure; damage caused by transportation, installation, erection, or third parties; or any condition outside SDPPC’s reasonable control. Coating manufacturer warranties, if any, are passed through to Client without extension. SDPPC does not offer extended warranties unless specifically identified in the written proposal.

16. Material Condition Disclaimer

SDPPC is not responsible for pre-existing conditions of materials delivered to its facility, including but not limited to mill scale, rust, fabrication defects, contamination, or inadequate weld quality. Coating performance is dependent on proper surface preparation and substrate condition. Client is responsible for ensuring that materials delivered to SDPPC are suitable for the specified coating process.

17. Color Statement

Colors shown on this website, in samples, or in product literature are approximate representations only and may vary due to screen settings, batch variations, application variables, substrate conditions, and lighting. SDPPC does not guarantee exact color matches. Custom color matching is available upon request and subject to the tolerances stated in this section or in the applicable project specification.

18. Limitation of Liability

To the fullest extent permitted by California law, SDPPC’s total aggregate liability under any proposal, contract, or agreement shall not exceed the value of the contracted work giving rise to the claim. In no event shall SDPPC be liable for consequential, incidental, special, punitive, or delay damages, including lost profits, regardless of the theory of liability.

19. Indemnification

SDPPC’s indemnification obligations are limited to the terms of the bidding documents, the terms of its insurance coverage, and the terms outlined herein. Client agrees to indemnify, defend, and hold harmless SDPPC from and against any and all claims, damages, losses, and expenses (including reasonable attorney’s fees) arising from Client-provided specifications, improper material selection by others, site conditions outside SDPPC’s control, or acts and omissions of third parties.

20. Force Majeure

Neither party shall be liable for delays or failure to perform due to causes beyond its reasonable control, including but not limited to acts of God, fire, flood, earthquake, epidemic, pandemic, government orders, material shortages, labor disputes, utility failures, or transportation disruptions. The affected party shall provide prompt notice and use commercially reasonable efforts to resume performance.

21. Changes and Modifications

No modification to these Terms or to any proposal shall be binding unless agreed to in writing and signed by an authorized representative of SDPPC. Oral agreements or representations shall not modify these Terms.

22. Cancellation and Termination

If Client cancels or terminates a project after acceptance, Client shall pay for all work completed, materials procured or committed, and reasonable demobilization costs. SDPPC reserves the right to suspend or terminate work upon written notice if Client fails to make payment when due or breaches any material term of the agreement.

23. Intellectual Property

All content on this website, including text, graphics, logos, images, trademarks, and proprietary processes, is the property of San Diego Powder & Protective Coatings, Inc. or its licensors and is protected by applicable intellectual property laws. No content may be reproduced, distributed, or used without SDPPC’s prior written consent. SDPPC’s name, logo, and trade names may not be used in connection with any product or service that is not SDPPC’s, or in any manner likely to cause confusion.

24. Website Use and Restrictions

This website is intended for use by prospective and existing clients, contractors, and business partners for legitimate business purposes. You agree not to use this website for any unlawful purpose, to interfere with its operation, to transmit harmful code, or to misrepresent your identity or affiliation. SDPPC reserves the right to modify, suspend, or discontinue any aspect of this website at any time without notice.

25. Privacy

Any personal or business information you submit through this website (including contact forms, email inquiries, and quote requests) will be used solely for the purpose of responding to your inquiry and providing services. SDPPC does not sell, rent, or share your information with third parties for marketing purposes. SDPPC may use cookies and analytics tools to improve website performance and user experience.

26. Governing Law and Venue

These Terms & Conditions are governed by and construed in accordance with the laws of the State of California, without regard to conflict-of-law principles. Any dispute arising under or related to these Terms shall be resolved exclusively in the state or federal courts located in San Diego County, California.

27. Order of Precedence

In the event of conflict between documents, the following order of precedence applies: (1) SDPPC Written Proposal (project-specific scope and pricing); (2) These Terms & Conditions; (3) Client’s Purchase Order, Subcontract, or Work Authorization. Any terms in Client’s documents that conflict with or are additional to the terms stated herein are expressly rejected unless accepted in writing by an authorized representative of SDPPC.

28. Changes to These Terms

SDPPC reserves the right to modify these Terms & Conditions at any time. Changes become effective upon posting to this website. Continued use of the website or acceptance of SDPPC proposals after any modification constitutes acceptance of the revised terms. It is your responsibility to review these terms periodically.