After Seller has acknowledgment of Buyer’s purchase order to Buyer, Buyer will have no right of cancellation of the resulting contract without written approval of Seller. If written approval is given, Buyer shall be responsible to Seller for, and hereby agrees to pay, all costs incurred by Seller as of the effective date of cancellation plus hereby agrees to pay, all costs incurred by Seller as of the effective date of cancellation plus a cancellation fee equal to fifteen percent (15%) of the total price set forth in the contract. Should Goods already have been shipped prior to the request for cancellation, Seller has the option to accept or refuse return of the Goods. If return is accepted, Buyer must return all Goods to the location designated by Seller, freight prepaid within 90 days of order shipment. The return will be subject to a restocking charge of twenty-five percent (25%) of the total price set forth on the order. In addition, if work is needed to return the Goods to a saleable condition, these costs will also be charged to the Buyer. No returns will be accepted beyond 90 days of order shipment.
*We only ship to U.S. addresses.
Any shipment date stated in the quotation and or acknowledgment is approximate only and does not constitute any guarantee of shipment on any particular date. Notwithstanding the reservation of title by Seller, risk of loss or damage to all Goods sold Ex Works shall pass from Seller to Buyer upon delivery by Seller to possession of the carrier or other person providing delivery of the Goods. Any claims for loss or damage after possession by the carrier will be solely between Buyer and the carrier. Seller will provide reasonable assistance to Buyer in filing loss or damage claims.
Notification of receipt of damaged Goods by any customer or distributor when having been shipped on a “prepaid and add,” or “freight allowed” basis must be made to Seller’s offices within thirty (30) days of receipt of the Goods together with carrier’s delivery documents denoting any damage. Seller will attempt to package, load and prepare all shipments with care to attempt to assure arrival of Goods at destination in good condition, and bagged chemicals will be loaded in the carrier in such a manner as to attempt to preclude any shifting during transit, but Seller cannot control the manner in which the carrier is moved or handled and will not be responsible for shifting of loads within the carrier, or puncturing of bags or other damage to goods by material handling equipment. Seller assumes responsibility for failure of packaging seals.
Seller shall not be responsible to Buyer or any third party for any damages resulting from failure to manufacture, delays in manufacture, failure to make shipment, or delay in shipment where such failure to perform or delay in performance is due to compliance or noncompliance with any statues, acts, ordinances, regulations, order or instructions of any federal, state, municipal or local government or any other agencies or departments; acts of God; acts of civil or military authority; fire; flood; strikes; factory or plant shutdown, or other labor disputes; embargoes, war, riot or civil disturbance; delays in transportation; inability of Seller to obtain necessary labor or to schedule manufacturing capacity; lack of manufacturing facilities or equipment of Seller; lack of utilities, utility service or energy availability or inability to obtain, or delays in obtaining materials, supplies, components, or other matters from third parties, or any cause or causes beyond the reasonable cause of Seller. If shipment by Seller is delayed or extended by Buyer, Buyer shall arrange for and notify Seller of the place or places to which Seller shall ship the Goods covered by the order, for warehousing or storage at Buyer’s expense. All risk of loss or damage to the Goods shall be borne by Buyer.
Prices published or quoted by Seller are subject to change without prior notification. All prices are based on U.S. dollars, Ex Works Seller’s plant, Lake City, Pennsylvania, unless another Ex Works point is specified. Prices do not include any taxes (sales, excise, use, etc.) or any export or import duties imposed by any country which may be applicable to the sale of the Goods. Such taxes or duties, if applicable, will be paid by Buyer, and Buyer hereby expressly agrees to indemnify and hold harmless Seller from any claim loss, damage, liability, or expense with regard to the payment of any such taxes or charges. Prices on any purchase orders may be adjusted at the time of acceptance and acknowledgment of Seller’s offices.
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