Terms & Conditions

SELLER MAKES NO WARRANTY OF MERCHANTABILITY, NOR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, IN THE SALE OF PRODUCTS, AND BUYER ASSUMES ALL RISK AND LIABILITY FOR RESULTS OBTAINED BY THE USE OF THE PRODUCTS COVERED BY THIS DOCUMENT, WHETHER USED SINGLY OR IN COMBINATION WITH OTHER MATERIALS.

  • Buyer represents that it has full and complete knowledge of the proper, safe, and lawful handling, transporting, storage, use and disposal of the products described in this document and that it will hold seller harmless from any claim of injury to person or property caused by the failure of buyer or its agents to observe all necessary safeguards and procedures. If seller or its agents makes or has made any representations or recommendations as to the use of the products described in this document, buyers reliance thereon is buyers sole responsibility.
  • Seller is not responsible for delays in delivery due to fires, strikes, lockouts, accidents, occurrences of war, obstruction of transportation, inability to obtain products, or any other cause beyond sellers control.
  • Buyers order is accepted at prices prevailing on date of shipment. Prices are subject to change without notice unless otherwise specifically stated in writing.
  • Promises of shipments are estimated as closely as possible, but are not guaranteed. No allowance will be made for expense, if any, occasioned by any delay.
  • Orders for products may not be canceled without sellers written consent if they are not carried in sellers normal inventory.
  • Unless otherwise instructed, if an order cannot be shipped complete, seller will make a partial shipment. Unless balance of the order is canceled by buyer, seller will ship the balance of the order when available at prices prevailing at the time of shipment. No allowance will be made by seller to buyer for loss or additional costs caused by such partial shipment.
  • Sellers responsibility ceases on the acceptance of this shipment in good order by the transportation company or by buyer if delivery is made by seller, or by buyer if he picks up shipment at the sellers location.
  • With sellers permission, products in acceptable condition may be returned to seller, freight to buyers account. Returned product is subject to a restocking charge.
  • Stenographic, electronic data processing or clerical errors are subject to correction by seller.
  • Orders or contracts taken by salespersons or sales agents of seller are subject to sellers confirmation in advance of shipment.
  • Terms and conditions stated on sellers quotations, price list and sales orders, when in variance with customer purchase order, will take precedence without given notice.
  • Buyers acceptance of the products covered by this document shall constitute its acceptance of these terms and conditions, and they may not be varied without the written consent of seller.
  • Seller will give buyer full deposit credit on all of sellers returnable containers in good condition picked up by sellers truck or returned freight prepaid. Deposits on containers in the possession of buyer for more than one (1) year are subject to forfeiture.
  • Unless otherwise agreed upon, payment is due thirty (30) days from invoice date. Late charges are imposed on overdue balances at the rate of 1-1/2 percent monthly (18% annually). Seller reserves the right to deny further sales on account to cus5tomers with overdue balances.
  • Buyer shall pay all costs of collection incurred by seller including, without limitation, reasonable attorneys fees.
  • Sellers measurements of weights, volume or quantities shall govern, except in the case of proven error.
  • Claims as to the merchantability of the product shall be deemed waived unless made in writing to seller within thirty (30) days of buyers receipt of the product.