TERMS AND CONDITIONS
Effective June 1, 2001

 

ALL OUR PRICES APPLY TO STANDARD PACKAGING SIZES AND ARE SUBJECT TO CHANGE WITHOUT NOTICE.
PRICES DO NOT IMPLY A COMMITMENT OR AN OBLIGATION BY THE SELLER.

 

TERMS OF PAYMENT

Our terms are net 30 days after invoice date with approved credit.  All international orders require payment in advance of shipment.

 

SHIPPING CHARGES

All orders are shipped F.O.B. Bennett, Colorado.

 

RETURN POLICY

No returned merchandise will be accepted without authorization from our office.  The following items will not be considered for return and will not be credited if returned:

 

SAMPLES

Samples are available for $3.00 each

 

TERMS AND CONDITIONS OF SALE

Seller's acceptance of any order made by Buyer is subject to the following terms and conditions:

1) The Buyer may use its standard forms (such as purchase orders) to administer each sale and purchase, but no provision in any such form shall have any force or effect and all printed language contained therein shall be considered to be stricken except as to the description and quantity of product(s) ordered, the desired delivery dates and instructions relating thereto, and confirmation of any prior agreement of the parties as to terms of payment.

 
2) All sales, use, excise taxes, and incremental increases in import duties imposed by Federal, State or Municipal authorities upon the importation, production, sale or shipment of the product(s) sold shall be paid by Buyer to Seller.

 
3) Each delivery, at the option of Seller, shall constitute a separate sale with the same effect as though made under a separate contract covering only the amount thereof. If Buyer be in default with respect to any of the terms or conditions of any contract with Seller, or any of these Terms and Conditions of Sale, Seller may at its option defer further shipments hereunder until such defaults be remedied, or without prejudice to any other legal remedy may decline further performance hereof.

 
4) Seller may increase the price of any or all product(s) by notifying Buyer thereof at any time, either orally, or in writing, prior to making the first shipment of product(s) as to which such increased price applies. Upon receipt of such notice, Buyer may cancel such order in whole or in part as to such product(s) by promptly so notifying seller.

 
5) If at any time the financial responsibility of Buyer, or the credit risk involved, shall become unsatisfactory to Seller, Seller may require cash or satisfactory security upon subsequent shipments or deliveries hereunder. The election by Seller to require such cash or security shall not impair the obligation of Buyer to take and pay for the contracted materials.

 
6) Buyer shall inspect the product(s) supplied immediately after delivery. Buyer's failure to give notice to Seller of any claim within thirty (30) days after the date of delivery shall constitute unqualified acceptance of such product(s) and a waiver by Buyer of all claims with respect thereto.

 
7) Buyer assumes full liability and responsibility for compliance with Federal, State, Municipal, and local laws, ordinances and regulations governing unloading, discharge, storage, and handling of product(s) supplied by seller under each contract and agrees to hold Seller harmless against any claim, demand or cause of action for personal injury or property damage arising from or attributable to such unloading, discharge, storage and handling.

 
8) Seller makes no warranty of any kind, either expressed or implied, by fact or law, other than its obligation to deliver product(s) complying with Seller's published specifications and other than Seller's implied warranties of title freedom from encumbrance, and right to transfer same Seller makes no warranty of fitness for a particular purpose, or warranty of merchantability other than as stated herein.

 
9) Seller shall in no event be liable for any incidental or consequential damages. Seller's liability and Buyer's exclusive remedy for any cause of action arising out of each contract is expressly limited to replacement of nonconforming product(s) or payment in an amount not to exceed the purchase price of the product(s) for which damages are claimed, at Seller's option.

 
10) Buyer acknowledges that it is familiar with the labels and literature furnished by Seller to Buyer concerning the product(s) sold hereunder, and Buyer agrees to instruct its employees, agents, and customers with respect to the safe use of said products. Seller, having no control over Buyer's (or others') use, disposition, subsequent processing, admixture, or reaction of the product(s) sold with other products, chemicals or materials Buyer assumes the entire responsibility therefore and agrees to indemnify and hold Seller harmless from any claim, demand, or cause of action (by Buyer's employees and/or others) arising therefrom, including, but not limited to damages for infringement of any patents on processes practiced by Buyer or patents on products made by Buyer. Seller warrants that the process or processes of manufacture of the product(s) sold and the product(s) themselves do not infringe any U.S. patents.

 
11) In the event of Seller's inability, for any reason, to supply the quantities of product(s) specified by Buyer, Seller may allocate its available supply among its purchasers, including departments and divisions of Seller, on such basis as Seller may deem fair and practical without liability to Buyer for any failure of performance which may result therefrom.

 
12) Buyer acknowledges that Seller has reserved the right to change or discontinue the chemical process producing the product(s) at any time and for any reason. In the event Seller should make such change or decide to discontinue the chemical process with the result that the product(s) then produced does (do) not meet the specifications provided for herein, or becomes (become) unavailable, each unfilled order shall terminate and no liability shall accrue to either party, provided, however, that Buyer shall remain obligated to pay Seller for product(s) therefore supplied to Buyer by Seller. Seller shall make a reasonable effort to inform Buyer of any planned process change which would substantially affect the available quantity or composition of the product(s).