Terms and Conditions of Sale
Seller does not accept any terms and conditions other than those contained in any existing written contract between Buyer and Seller covering material(s) delivered hereunder. If there is no such existing contract. Seller does not except any terms and conditions other than those expressly set forth in this acknowledgement, and seller hereby offers to sell material(s) to Buyer only upon the following terms and conditions: acceptance of such material(s) by Buyer shall constitute assent to said terms and conditions.
LIMITED WARRANTY: SELLER WARRANTS THAT THE PRODUCT SHALL BE OF MERCHANTABLE QUALITY AND SHALL CONFORM TO SELLER’S STANDARD SALES SPECIFICATION IN EFFECT AT TIME OF SHIPMENT OR SUCH OTHER SPECIFICATIONS AS HAVE BEEN EXPRESSLY AGREED UPON WITH BUYER IN WRITING. SELLER MAKES NO OTHER REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF FITNESS FOR A PARTICULAR USE OR OTHERWISE WITH RESPECT TO THE PRODUCT, WHETHER USED SINGULARLY OR IN COMBINATION WITH OTHER SUBSTANCES OR IN ANY PROCESS.
Title to product and risk of loss shall pass to Buyer upon delivery to Buyer’s dock, a common carrier or into Buyer’s transport.
CLAIMS: Buyer’s receipt of any material delivered hereunder shall be an unqualified acceptance of, and a waiver by Buyer of its right to make any claim with respect to such material unless Buyer gives Seller notice of claim within thirty (30) days after receipt. Seller reserves right to inspect material following such claim. No claim of any kind, whether or not as to material delivered or for non-delivery of material, and whether or not based on negligence, shall be greater in amount than the purchase price of material with respect to which such claim is made. In no event shall seller be liable for special, incidental, punitive, consequential, or exemplary damages, whether or not caused by or resulting from negligence of such party.
SAFETY, HEALTH AND INDEMNITY: Seller shall furnish to Buyer Material Safety Data Sheets, including warnings and safety and health information concerning the Product and/or the container for such Product. Buyer shall disseminate such information to all persons who Buyer can reasonably foresee may use or be exposed to such product. Including, but not limited to, Buyer’s employees, agents, contractors and customers. Buyer agrees to defend and indemnify Seller against any and all liability for Buyer’s failure to disseminate such information. Buyer shall instruct all employees, agents, and customers on the safe handling use, selling, storage, and transportation and disposal practices for the Product.
TAXES: Buyer’s shall pay all taxes (except income taxes), duties or other governmental charges that now or in the future may be imposed, increased, or levied on Seller in connection with manufacture, sale, transportation, storage, handling, use, possession of or in disposal of Products or raw materials used in Buyer shall provide Seller with property completed exemption certificated for any tax which Buyer claims exemption.
FAILURE IN PERFORMANCE: Neither Buyer nor Seller shall be liable for its failure to perform hereunder if said performance is made impracticable due to any occurrence beyond its reasonable control, including acts of God, fires, floods, wars, sabotage, accidents, labor disputes or shortages, governmental laws, ordinances, rules and regulations, whether valid or invalid, including but not limited to, priorities, requisitions, allocations and price adjustment restrictions, inability to obtain raw material, equipment or transportation, and any other similar or different occurrences.
PAYMENT: Buyer agrees to the payment terms as stated on this document and agrees, that is case of default, Seller may assess interest charges for late payment at rate shown on reverse. In the event Seller turns Buyer over for collection or suit, Buyer agrees to pay all collection and legal expenses incurred by Seller pertaining to the collection of payment due Seller by Buyer.
MISCELLANEOUS: No representative of Seller’s is authorized to change these provisions, which relate to all goods sold or delivered. If the buyer or user does not accept products or material in these terms, he or she is to return them to Seller unopened and unused within 15 days of receipt, and Seller shall refund the purchase price to the Buyer.