Terms and Conditions

1. Applicability

All sales of goods (“Products”) by All Chemical Manufacturing & Consultancy. (the “Seller”) are made subject to these Terms and Conditions of Sale and are expressly conditioned upon the Customer’s assent thereto. All Chemical Manufacturing & Consultancy will not be bound by any variations from or additions to these terms and conditions of sale contained in any purchase order or other document submitted by the Customer (Buyer). No variation from these Terms and Conditions of Sale shall be binding upon All Chemical Manufacturing & Consultancy unless agreed to in writing by an authorized representative of All Chemical Manufacturing & Consultancy.

2. Orders –

Acceptance and Cancellation, Returns – No order for Products placed by a Customer (“Buyer”) shall be binding on All Chemical Manufacturing & Consultancy unless and until accepted by All Chemical Manufacturing & Consultancy. All Chemical Manufacturing & Consultancy reserves the right to reject any order for any reason. Once submitted to All Chemical Manufacturing & Consultancy, an order may not be changed or cancelled by Buyer unless such change or cancellation is expressly agreed to in writing by an authorized representative of All Chemical Manufacturing & Consultancy. Any such agreement to change or cancel an order may be conditioned upon Buyer paying a change or cancellation charge intended to compensate All Chemical Manufacturing & Consultancy for costs incurred, including, but not limited to, storage and shipping costs, costs of producing non-standard catalogue items, costs incurred in purchasing materials, change or cancellation costs imposed on All Chemical Manufacturing & Consultancy by its suppliers, disposal costs incurred in disposing of Products in accordance with law, and any other cost resulting from a change or cancellation of an order placed by Buyer.

If All Chemical Manufacturing & Consultancy is unable for any reason to fill Buyer’s entire order for Products, All Chemical Manufacturing & Consultancy may allocate its supply among any or all Customers on such basis as All Chemical Manufacturing & Consultancy deems convenient and practical, without liability for any failure of performance which may result from such determination.

Upon Customer’s receipt of Products, Customer shall immediately inspect the same and shall notify All Chemical Manufacturing & Consultancy in writing within seven (7) days of delivery of any claims for shortages, defects or damages. If Customer shall fail to notify All Chemical Manufacturing & Consultancy within said 7 day period, such goods shall conclusively be deemed to conform to their respective specifications and to have been irrevocably accepted by Customer. All Chemical Manufacturing & Consultancy shall not be liable to Buyer for any losses or damages resulting from a late delivery or from All Chemical Manufacturing & Consultancy’s failure to perform due to any cause beyond All Chemical Manufacturing & Consultancy’s reasonable control.

Conforming Products may not be returned for credit except with All Chemical Manufacturing & Consultancy’s prior agreement, and then only in strict compliance with All Chemical Manufacturing & Consultancy’s instructions. Any returned items may be subject to a restocking fee to be determined by All Chemical Manufacturing & Consultancy. Under no circumstances will All Chemical Manufacturing & Consultancy accept for return any customer special order products or any products that are in a non-saleable condition.

Blanket (standing) Orders may be accepted by All Chemical Manufacturing & Consultancy on behalf of Buyer under which Products will be shipped, from time to time, pursuant to an agreed upon schedule. Once a Blanket Order has been accepted, however, Buyer will not be permitted to cancel or change such Blanket Order without All Chemical Manufacturing & Consultancy’s prior written agreement. All blanket orders will be invoiced according to the shipping schedule in place at the time of the Order. All Chemical Manufacturing & Consultancy shall have the further right to cease shipping Products under any such Blanket Order and to require payment in advance at any time that All Chemical Manufacturing & Consultancy, in its sole discretion, determines that there is any doubt regarding the ability to collect an invoice. As the terms may change, we suggest that you check our website prior to placing further orders”.

3. Shipment, Handling and Delivery

Shipping and handling charges will be added to the quoted price for the Products. All Chemical Manufacturing & Consultancy will bill actual shipping charges plus appropriate handling, insurance, and hazardous materials surcharges (where applicable). Delivery of the Products to the carrier shall constitute All Chemical Manufacturing & Consultancy sole shipping obligation and Customer shall thereafter bear all risks of loss or damage in transit. Unless Customer specifies mode of shipment, All Chemical Manufacturing & Consultancy will determine the method of shipment and choice of carrier.

4. Pricing, Terms of Payment

All prices are shown in the currency of All Chemical Manufacturing & Consultancy shipping location and are subject to change without notice. In addition to the quoted price, Customer shall also be responsible to pay all sales or use taxes, excise taxes, duties, customs, import or export fees and any other taxes, fees or charges of any nature applicable to the Customer’s purchase of Products. GST is not included in the pricings and will be an additional charge at the rates set by the government.The terms of all invoices are net 30 days from the invoice date. Past due balances are subject to 2.5% service charge per month (30% per year) after 30 days. If for any reason All Chemical Manufacturing & Consultancy determines that it has concerns about the financial condition of Customer, the Customer’s payment history or any other condition that in All Chemical Manufacturing & Consultancy ‘s opinion is grounds for refusing to sell to Customer on credit, All Chemical Manufacturing & Consultancy may, without notice to Customer cancel an order, change the payment terms or insist upon pre-payment of any order prior to shipment, or may delay the delivery of the Products until Customer makes accommodations acceptable to the All Chemical Manufacturing & Consultancy. In the event Customer defaults in the payment of the purchase price of any order, Customer agrees that it will also be responsible to pay all costs, including attorney’s fees and other expenses of collection resulting from any such default by Customer.The Company reserves the following rights in relation to the goods until all accounts owned by the purchaser are fully paid.
Legal ownership of the goods.
To enter premises of the purchaser without liability of trespass, to retake possession of the goods.
Resell any goods repossessed pursuant to above.

5. Uses, Warranties, Liabilities and Safety

The Products are intended for industrial use only, and unless otherwise stated on Product labels, in All Chemical Manufacturing & Consultancy ‘s catalogue or in other literature furnished to the Customer by All Chemical Manufacturing & Consultancy, are not to be used for any other purposes, including but not limited to use as or as components in drugs, for human or animal use, or in medical devices, cosmetics, food additives, household chemicals, agricultural or horticultural products, pesticides. Customer acknowledges that the Products have not been tested by All Chemical Manufacturing & Consultancy for safety or efficacy in any particular application unless otherwise stated in All Chemical Manufacturing & Consultancy’s written materials furnished to Customer.

6. All Chemical Manufacturing & Consultancy’s Warranty

All Chemical Manufacturing & Consultancy warrants that the Products, at the time of delivery to Customer, shall conform to the specifications for such Products as are set forth in All Chemical Manufacturing & Consultancy’s catalogue, All Chemical Manufacturing & Consultancy’s website, or any other written material furnished to Customer by All Chemical Manufacturing & Consultancy. THIS WARRANTY IS EXCLUSIVE, AND All Chemical Manufacturing & Consultancy MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS CONCERNING THE PRODUCTS (WHETHER IMPLIED BY STATUTE OR OTHERWISE) AND SPECIFICALLY EXCLUDES SUCH WARRANTIES AND REPRESENTATIONS TO THE FULLEST EXTENT PERMITTED BY LAW. CUSTOMER SPECIFICALLY MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. All Chemical Manufacturing & Consultancy SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING FROM THE FAILURE OF ANY PRODUCT TO BE SUITABLE FOR ANY PURPOSE WHATSOEVER.

7. Limitation of Damages

Notwithstanding anything else herein contained, in no event shall the aggregate liabilities of Seller to Buyer arising out of or relating to any transaction between them exceed the purchase price paid by Buyer to Seller for the Products at issue. All Chemical Manufacturing & Consultancy SHALL NOT IN ANY EVENT BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND RESULTING FROM ANY USE OR FAILURE OF THE PRODUCTS, EVEN IF All Chemical Manufacturing & Consultancy HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE INCLUDING, WITHOUT LIMITATION, LIABILITY FOR LOSS OF USE, LOSS OF WORK IN PROGRESS, DOWN TIME, LOSS OF REVENUE OR PROFITS, FAILURE TO REALIZE ANTICIPATED SAVINGS, LOSS OF BUYER PROPERTY OR ANY LIABILITY OF BUYER TO A THIRD PARTY, OR FOR ANY LABOR OR ANY OTHER EXPENSE, DAMAGE OR LOSS OCCASIONED BY SUCH PRODUCT INCLUDING PERSONAL INJURY OR PROPERTY DAMAGE UNLESS SUCH PERSONAL INJURY OR PROPERTY DAMAGE IS CAUSED BY SELLER’S GROSS NEGLIGENCE.

8. All Chemical Manufacturing & Consultancy’s Remedy

All Chemical Manufacturing & Consultancy ‘s sole and exclusive liability to Customer and All Chemical Manufacturing & Consultancy ‘s exclusive remedy with respect to Products proved to All Chemical Manufacturing & Consultancy ‘s satisfaction to be defective or nonconforming shall be limited, at All Chemical Manufacturing & Consultancy ‘s option, to repairing or replacement of such Products without charge, upon the return of such Products, at All Chemical Manufacturing & Consultancy ‘s expense, in accordance with All Chemical Manufacturing & Consultancy ‘s instructions. All claims for breach of warranty must be presented to All Chemical Manufacturing & Consultancy in writing within fourteen (14) days after delivery to Customer, regardless of their nature. Failure of Customer to give such notice shall be deemed to be a waiver by Customer of all claims with respect to the subject Products.

Force Majeure
In the event of suspension of production owing to breakdowns, strikes and blackout, trade disputes, fires, accidents and other causes, over which the company has no control and those which stop, affect production and deliveries may be wholly or partially suspended until the normal production is resumed and the normal

9. Exclusion of Seller’s Warranty –

All Chemical Manufacturing & Consultancy’s warranty made in connection with a sale of Products shall not be effective if All Chemical Manufacturing & Consultancy has determined, in its sole discretion, that Customer has misused the Products in any manner, has failed to use the Products in accordance with industry standards and practices, or has failed to use the Products in accordance with instructions, if any, furnished by All Chemical Manufacturing & Consultancy. In no event will All Chemical Manufacturing & Consultancy be liable for Products damaged in shipment or in any other manner without the fault of All Chemical Manufacturing & Consultancy, improper care or storage of the Products, or for any expenses incurred by Customer in testing or attempting to correct any non-conformance of the Products.

10. Buyer’s Representations and Indemnity

The Customer represents and warrants to All Chemical Manufacturing & Consultancy that it shall use the Products in accordance with applicable law, rule, and regulation and not in violation of any patent or other proprietary rights of any third party. The Customer expressly represents and warrants that Customer will properly test, use, manufacture and market any Products purchased from All Chemical Manufacturing & Consultancy or materials produced with Products purchased by All Chemical Manufacturing & Consultancy in accordance with the practices of a reasonable person who is an expert in the field and in strict compliance with law. The Customer agrees to indemnify and hold harmless All Chemical Manufacturing & Consultancy, its employees, agents, successors, officers and assigns for and against any and all suits, claims, demands, liabilities, losses, damages and/or expenses, including costs and fees of legal counsel and all other costs of defending any action, that All Chemical Manufacturing & Consultancy may incur as a result of any act or failure to act by the Customer, its officers, agents or employees, successors or assignees, its customers or all other third parties, whether direct or indirect, in connection with the possession or use of any Product sold by All Chemical Manufacturing & Consultancy or by reason of Customer’s breach of any of its agreements contained herein. Customer’s indemnity shall extend to any claim brought against All Chemical Manufacturing & Consultancy by a third party alleging that the use of a Product by the Customer infringes the patent rights, trademarks, intellectual property rights or other proprietary rights of any third party

11. Safety

All of the Products offered by All Chemical Manufacturing & Consultancy are industrial chemicals or equipment. As such, they should be used or handled only by or under the direct supervisions of technically qualified individuals. All Products should be handled only by properly trained persons who are familiar with industrial chemical procedures and the potential hazards in handling industrial chemicals. The Customer assumes all responsibility to learn and understand the risks associated with any of the Products and for instructing its employees, agents, customers and any other persons who might reasonably be expected to come into contact with the Products, in techniques for safe handling and use of the Products and of any potential risks to person and property in any way connected with the Products. The Customer also assumes the responsibility for the safe disposal of all Products in accordance with all applicable laws.

12. Governing Law –

Any dispute concerning these Terms and Conditions of Sale, including as to the legality, interpretation or application shall be governed by State and Federal laws, without regard to its principles of conflicts of laws. All Customers agree that any disputes that concern the Products and/or these Terms and Conditions of Sale shall be brought in the State and Federal courts.

13. Miscellaneous

All Chemical Manufacturing & Consultancy’s failure to strictly enforce any term or condition contained in All Chemical Manufacturing & Consultancy’s Terms and Conditions of Sale shall not constitute a waiver of All Chemical Manufacturing & Consultancy’s right to strictly enforce such terms or conditions at any time in the future. If any provision of these Terms and Conditions of Sale shall be held to be
invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby. The paragraph headings contained herein are for convenience only and are not to be considered in interpreting these Terms and Conditions of Sale. These Terms and Conditions of Sale are intended to be binding upon, inure to the benefit of, and be enforceable by, the parties hereto, and their respective heirs, personal representatives, successors and assigns.

Errors and Adjustments
Errors in the contract or any invoice shall be corrected and requisite adjustments made between the parties.

Containers
Prices of the individual goods are exclusive of the container cost.

As the terms may change, we suggest that you check our website prior to placing further orders”.

Copyright©2015   Terms and Conditions

  

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