All orders are accepted and shipped strictly in accordance with these general terms and conditions, and no additional or different terms or conditions stated by Buyer shall apply to the order unless agreed in writing by an authorized representative of Seller.

Pricing and Order Quantities

Prices are subject to change without notice. Prices listed do not include shipping, handling, taxes, duties, brokerage, freight or insurance. Most materials listed can be ordered in varying quantities. For prices where quantities are not listed, please contact seller for details. All prices listed are FOB Los Angeles or Anaheim, CA, USA. For order quantities greater than one metric ton (MT), seller can provide FOB New York, Chicago or other locations upon request in writing. Shipping and handling charges will be charged for each shipment. The seller can also ship on delivery if the buyer wants it. Quotes are valid for thirty (30) days from the date of quote unless otherwise stated. If the critical material is sensitive to market prices, the seller reserves the right to change the price at the time of order due to changes in market conditions for the material. Seller reserves the right to ship over and under five percent (+/- 5%) of the materials ordered.

Shipping Method and Terms

Seller will ship all ordered materials in accordance with Buyer’s instructions. However, Seller reserves the right to change these instructions for hazardous materials covered by the U.S. Department of Transportation. In the absence of shipping instructions, materials will be shipped by any means Seller sees fit. All scheduled shipment dates are approximate and are subject to change due to fire, strikes or other labor disputes, force majeure, material shortages or Supplier’s failure to satisfactorily meet scheduled delivery times or any other factor or event beyond Seller’s reasonable control While causing the delay, none of these factors or events will give rise to any liability of Seller, but shall constitute a waiver of any claim for delay. In no event shall the seller be liable for consequential or other damages resulting from any delay. Material is at the buyer’s risk after delivery to the carrier. All risk of shortage, loss, delay or damage in transit shall be borne by the buyer.

Payment and Credit Impairment

Payment due dates are stated in writing on Seller’s quotation and invoice. Net days are calculated from the date of invoice and the buyer may be charged overdue interest of up to 15% per annum on any outstanding balance. Buyer will reimburse Seller upon demand for any collection costs incurred by Seller, including reasonable attorneys’ fees. If the Buyer is or becomes insolvent, or is unable to pay its debts when due, or has filed against it for bankruptcy, insolvency, or if the Seller has good faith doubts about the Buyer’s ability to pay, the Seller may require Prepayment before cash shipment.

Tax

Any manufacturer’s, retailer’s professional, use, sales or excise duty, duty, duty, inspection or test fee, or any other tax of any nature imposed or measured by any governmental authority on any transaction between the seller and the seller Fees, charges or charges shall be payable by Buyer in addition to the quoted or invoiced Contract Price, unless Seller expressly states that such taxes or charges are included in the Contract Price, or unless Buyer provides Seller with the Acceptable proof waives Seller from any such taxes, fees or charges, and Buyer shall thereby reimburse Seller upon demand.

Return the Goods

We only accept returns if you have contacted us prior to returning the item. If we agree to return the item, we will issue a Return Merchandise Authorization (RMA) number and detailed instructions on how to return the item. Returns will not be accepted without a valid RMA number.

Claims

Great care is taken in the manufacturing and packaging process and all items are carefully inspected before shipping. Therefore, any claims regarding short delivery times, incorrect materials or quality defects must be communicated to us in writing within three days of delivery. Please keep all packages for our inspection. Our liability for any such claim shall not exceed the cost of replacing the merchandise free of charge or crediting the customer’s account for its invoiced value.

Wrongly Ordered Item

We are not responsible for any errors in customer orders. Credit for returns will be at our sole discretion. If we accept a return, you will be charged a return fee.

Certificate of Analysis and Purity Designation

All shipped items are accompanied by a Certificate of Analysis from our manufacturer. Unless otherwise stated, analyzes are specific to actual batches of material sent and are not “typical analyzes”.

Material Safety Data Sheets (MSDS)

All materials shipped by Seller are accompanied by a Material Safety Data Sheet (MSDS). MSDSs are provided in accordance with OSHA. This MSDS has been compiled by the seller’s technical staff to the best of their knowledge and is for the buyer’s reference, consideration and investigation only. Seller makes no warranties, express or implied, and assumes no responsibility for the accuracy or completeness of the data contained herein.

Hazards

When material is classified as hazardous, it should only be handled by qualified and trained personnel. In purchasing these products, customers acknowledge the hazards associated with their use. Customer represents and warrants to us that, based on Customer’s own independent review and research, it has full knowledge and understanding of (a) the health and safety hazards associated with processing product purchases; (b) the protection of its workers from such health and safety hazards necessary industrial hygiene controls; (c) the need for adequate warning of health and safety hazards associated with the products; (d) government regulations governing the use and exposure to such products.

Warranty

Seller warrants to Buyer that its products will conform to the written specifications expressly stated in its catalogue, certificate of analysis, or written proposal prepared by Buyer for a period of thirty (30) days after Buyer’s receipt of the material. Authorized seller representative. This guarantee is void if the buyer makes any alterations to the delivered goods or if less than 75% of the goods can be returned to the seller. Seller does not warrant any end-use results of any of its products. All claims against Seller for errors, defects or damaged materials must be made in writing by Buyer within 30 days of receipt of the relevant materials. Any claim that does not meet this condition is deemed waived. Seller’s obligation under this warranty is limited to replacing such claimed material, or at Seller’s option for credit, provided Buyer promptly notifies Seller of the defect during the warranty period and returns the material to Seller at Seller’s request. Unless Seller is permitted Seller shall have no claim whatsoever for any material alleged by Buyer to be defective or unsuitable unless the Product is inspected prior to use or processing by Buyer. All alleged errors, defects or damaged materials by Buyer must be verified by Seller’s inspection. If the buyer and seller are unable to reach an amicable solution to the claim, the disputed material shall be reviewed by a third party acceptable to both buyer and seller for judgment. Goods returned without Seller’s permission will not be accepted as a letter of credit and will be returned to Buyer freight collect. Seller shall have the right to remedy such defects within a reasonable time. Buyer’s sole remedy for any cause or claim, including but not limited to alleged breach of warranty, product liability, negligence or otherwise, is monetary damages in an amount not exceeding the purchase price paid by Buyer for the product claimed. IN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BUYER’S CLAIMS IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. In consideration of the sale of the Products to the Buyer (a sale that the Seller would not otherwise make), the Buyer agrees to indemnify and hold the Seller harmless from and against all claims, costs, losses and liabilities of any nature whatsoever arising out of the Buyer’s handling and/or The use of the product, whether alone or in combination with any other substance.

Patents and Use

The furnishing of any material does not constitute or imply the use or infringement of any pending or issued patents. Assignment and Waiver Buyer may not assign this Agreement or any right or interest in this Transaction without the prior written consent of Seller, and failure by Seller at any time to insist on strict performance of any term or condition of this Agreement shall not be construed as a waiver of any Subsequent breach of any term or condition.