Terms of Service

Last updated: August 24, 2026

These Terms of Service govern your access to and use of the XPS Xpress Albuquerque website, products, services, equipment rentals and related resources.

The website is operated by XPS Xpress NM, LLC, doing business as XPS Xpress Albuquerque. Throughout these Terms, “XPS Xpress Albuquerque,” “XPS,” “we,” “us” and “our” refer to XPS Xpress NM, LLC.

By visiting our website, requesting a quote, purchasing a product, reserving rental equipment or otherwise using our services, you agree to these Terms of Service. If you do not agree to these Terms, do not use the website or our services.

1. Eligibility and Authorized Use

You must be at least 18 years old and legally capable of entering into a binding agreement to purchase products, rent equipment or use services offered by XPS Xpress Albuquerque.

You may use this website only for lawful business or personal purposes. You may not use the website to violate any applicable federal, state or local law, infringe another party’s rights, distribute malicious code or interfere with the website’s operation or security.

2. Website Information

We make reasonable efforts to provide accurate product descriptions, photographs, specifications, coverage rates, technical information, pricing and availability. However, website content may occasionally contain errors, omissions or outdated information.

Product colors displayed on a screen may differ from physical products because of lighting, screen calibration, manufacturing variations and other factors. Customers should request or review physical samples when color accuracy is important.

We may correct errors, update information, change products or cancel orders affected by inaccurate information at any time, including after an order or request has been submitted.

3. Product Availability and Pricing

Products, equipment, tooling and rental packages are subject to availability. Displaying a product or rental package on the website does not guarantee that it is currently in stock or available for a requested date.

Prices may change without notice. Unless otherwise stated, quoted prices do not include applicable taxes, shipping, delivery, hazardous-material charges, deposits or other project-specific costs.

Quotes are valid only for the period stated on the written quote. If no validity period is stated, pricing and availability must be reconfirmed before the order is finalized.

4. Orders and Payment

We reserve the right to accept, reject, limit or cancel an order at our discretion. An order is not final until payment arrangements are approved and XPS Xpress Albuquerque confirms acceptance.

Customers agree to provide current, complete and accurate billing, contact and delivery information.

Payment is required according to the terms shown on the invoice, quote, checkout page or applicable written agreement. Past-due amounts may result in delayed fulfillment, suspended account privileges or collection activity.

Financing applications and approvals are provided by independent third-party financing companies. XPS Xpress Albuquerque does not guarantee financing approval and is not responsible for a lender’s underwriting, rates, fees or financing decisions.

5. Professional Products and Customer Responsibility

Many products sold by XPS Xpress Albuquerque are professional-grade chemicals, coatings, tools and machines requiring proper training, surface preparation, environmental controls and safety procedures.

Before using any product, the customer is responsible for:

• Reviewing the applicable Technical Data Sheet and Safety Data Sheet

• Confirming product suitability for the intended substrate and environment

• Inspecting and testing the concrete or other substrate

• Measuring moisture, temperature and environmental conditions when applicable

• Using required personal protective equipment

• Following published mixing, application, coverage, cure and recoat instructions

• Complying with applicable building codes, safety rules and environmental regulations

• Performing test areas when appearance, compatibility or performance is uncertain

Coverage rates and material estimates are approximate. Actual consumption can vary because of surface profile, porosity, waste, application technique, project conditions and installer experience.

6. Technical Guidance

XPS Xpress Albuquerque may provide product recommendations, quantity estimates, application guidance and equipment suggestions based on information supplied by the customer.

This assistance is general guidance and does not replace professional inspection, testing, engineering, architectural services, manufacturer instructions or qualified installation.

The customer remains responsible for evaluating project conditions, selecting the final system and determining whether a product or procedure is appropriate. XPS Xpress Albuquerque does not control jobsite conditions or installation workmanship and cannot guarantee project results based solely on advice provided by telephone, email, website content or in-store consultation.

7. Equipment Rentals

All equipment rentals are subject to availability, required deposits and a separate rental agreement. If these Terms conflict with a signed rental agreement, the rental agreement controls with respect to the rental.

Rental customers are responsible for:

• Inspecting equipment at pickup or delivery

• Using equipment safely and only for its intended purpose

• Following operating and safety instructions

• Providing appropriate power, transportation and jobsite access

• Preventing theft, misuse and unauthorized operation

• Returning equipment clean, complete and on time

• Paying applicable late, cleaning, damage, repair or replacement charges

Tooling provided with a rental will be selected according to the project information supplied by the renter. The renter is responsible for damage to the equipment or tooling and for applicable repair or replacement costs.

Rental availability is currently limited to projects within the greater Albuquerque metropolitan area. Pickup and delivery options are subject to scheduling and may involve additional charges.

8. Shipping, Delivery and Local Pickup

Shipping and delivery dates are estimates and are not guaranteed. Delays may occur because of inventory availability, freight-carrier operations, weather, hazardous-material restrictions, supply-chain interruptions or circumstances outside our control.

Customers are responsible for applicable shipping, delivery, freight, fuel, lift-gate, residential-delivery, hazardous-material and related charges unless otherwise stated in writing.

Customers must inspect orders promptly. Visible damage, concealed damage, shortages or incorrect products should be reported as soon as possible, preferably within 48 hours of receipt. Customers should retain the packaging and photograph any damage.

Risk of loss may transfer according to the applicable shipping terms, carrier rules or written sales agreement.

Local pickup orders must be collected during confirmed business hours. Customers are responsible for providing an appropriate vehicle and safely securing products or equipment.

9. Returns and Refunds

Returns and refunds are governed by our separate Return Policy, which is incorporated into these Terms.

Certain items—including chemicals, epoxy, polyaspartic, polyurea, pigments, dyes, custom products, opened materials, used equipment and special-order items—may be nonreturnable.

Any approved return must satisfy the conditions of the Return Policy. Shipping, delivery and handling fees are generally nonrefundable unless otherwise required by law or the return results from an error by XPS Xpress Albuquerque.

10. Manufacturer Warranties

Products and equipment may be covered by warranties provided by their manufacturers. Manufacturer warranty terms, limitations and claim procedures vary.

Except for obligations expressly assumed by XPS Xpress Albuquerque in writing, we do not expand, modify or replace a manufacturer’s warranty. Customers are responsible for following manufacturer instructions and warranty requirements.

Warranty coverage may be denied for improper storage, incorrect mixing, unsuitable substrates, moisture-related conditions, application outside published specifications, abuse, modification or installation error.

11. Intellectual Property

The website and its original text, layout, graphics, photographs and other content are owned by or licensed to XPS Xpress Albuquerque and are protected by applicable intellectual-property laws.

Xtreme Polishing Systems, XPS, product names, manufacturer names, logos and related marks belong to their respective owners and are used under applicable authorization or for product-identification purposes.

You may not copy, reproduce, republish, distribute, modify, sell or commercially exploit website content without prior written permission from the applicable owner.

12. Third-Party Links and Services

The website may contain links to manufacturers, financing companies, Google Maps, social-media platforms, technical documents and other third-party services.

Third-party websites are operated independently. XPS Xpress Albuquerque does not control and is not responsible for their availability, security, content, privacy practices, products or services.

Accessing a third-party website is at your own discretion and subject to that provider’s terms and policies.

13. Prohibited Conduct

You may not:

• Use the website for unlawful, fraudulent or deceptive purposes

• Attempt to gain unauthorized access to the website or another user’s information

• Upload malicious software or harmful code

• Scrape, copy or harvest website content or customer information without authorization

• Impersonate XPS Xpress Albuquerque, its employees or another person

• Submit threatening, abusive, defamatory, obscene or infringing content

• Interfere with website security, availability or performance

• Use our trademarks or content in a misleading or unauthorized manner

We may restrict or terminate access for conduct that violates these Terms.

14. Disclaimer of Warranties

To the fullest extent permitted by law, the website and its content are provided on an “as available” and “as is” basis.

We do not warrant that the website will always be uninterrupted, error-free, secure or free of harmful components. We do not guarantee that website content will be complete, current or appropriate for every project.

Nothing in this section excludes a warranty or consumer right that cannot legally be excluded.

15. Limitation of Liability

To the fullest extent permitted by law, XPS Xpress Albuquerque and its owners, employees, representatives and affiliates will not be liable for indirect, incidental, special, exemplary or consequential damages arising from:

• Use or inability to use the website

• Selection, installation or performance of a product

• Jobsite conditions or installation workmanship

• Equipment misuse or rental-related damage

• Business interruption, lost revenue or lost profits

• Delayed shipments or deliveries

• Reliance on general technical guidance

• Third-party products, services or websites

Where liability cannot legally be excluded, our total liability will be limited to the amount paid to XPS Xpress Albuquerque for the specific product or service giving rise to the claim, unless applicable law requires otherwise.

16. Indemnification

To the fullest extent permitted by law, you agree to indemnify and hold harmless XPS Xpress Albuquerque, XPS Xpress NM, LLC, and their owners, employees, agents and representatives from claims, losses, damages, liabilities and reasonable costs arising from:

• Your violation of these Terms

• Your misuse of a product or rental item

• Your violation of applicable law

• Your infringement of another party’s rights

• Inaccurate project information you provide

• Work performed or supervised by you

This provision does not apply to the extent a claim results from conduct for which XPS Xpress Albuquerque is legally responsible and which cannot be shifted by agreement.

17. Force Majeure

XPS Xpress Albuquerque is not responsible for failure or delay caused by circumstances beyond its reasonable control, including severe weather, natural disasters, fire, transportation interruptions, labor disputes, supplier delays, shortages, utility failures, governmental action or emergencies.

18. Governing Law and Venue

These Terms are governed by the laws of the State of New Mexico, without regard to conflict-of-law principles.

To the extent permitted by law, disputes arising from these Terms, the website, a product purchase or a service provided by XPS Xpress Albuquerque will be brought in an appropriate state or federal court located in Bernalillo County, New Mexico.

19. Severability

If any provision of these Terms is found unlawful, invalid or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain effective.

20. No Waiver

Failure to enforce a provision of these Terms does not waive our right to enforce it later.

21. Changes to These Terms

We may update these Terms periodically. Changes become effective when posted to the website unless otherwise stated.

Continued use of the website after revised Terms are posted constitutes acceptance of the updated Terms to the extent permitted by law.

22. Contact Information

Questions about these Terms may be directed to:

XPS Xpress NM, LLC
Doing business as XPS Xpress Albuquerque
4227 Montgomery Blvd NE, Albuquerque, NM 87109
Telephone: (505) 560-9283
Email: ino@xpsxpressalbuquerque.com