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TERMS AND CONDITIONS OF SALE
LIMITED WARRANTY
Most products sold are warranted by Sider-Oxydro, Inc. pursuant to a
Limited Materials Warranty executed by Sider-Oxydro, Inc. as a separate
document. No warranty or affirmation of fact, express or implied, other
than as set forth in the LIMITED MATERIALS WARRANTY document is made or
authorized by Sider-Oxydro, Inc.
LIMITATION OF LIABILITY
ANY LIABILITY FOR CONSEQUENTIAL AND INCIDENTAL DAMAGES IS EXPRESSLY
DISCLAIMED. SIDER-OXYDRO'S LIABILITY IN ALL EVENTS IS LIMITED TO, AND
SHALL NOT EXCEED, REPLACEMENT OF THE PRODUCT OR THE PURCHASE PRICE PAID
FOR SUCH PRODUCT.
PRODUCT SUITABILITY
Many
states and localities have codes and regulations governing sales,
construction, installation, and/or use of products for certain purposes,
which may vary from those in neighboring areas. While Sider-Oxydro, Inc.
attempts to assure that its products comply with such codes, it cannot
guarantee compliance, and cannot be responsible for how the product is
mixed, installed or applied. Before purchase and use of a product,
please review the product application, and national and local codes and
regulations, and be sure that the product, installation, and use will
comply with them.
FORCE MAJEURE
Sider-Oxydro, Inc. shall not be liable for any delay in or
impairment of performance resulting in whole or in part from Acts of
God, severe weather conditions, labor disruptions, governmental decrees
or controls, insurrections, war risks, shortages, inability to procure
or ship product or obtain permits and licenses, supplies or raw
materials, or any other circumstances or causes beyond the control of
Sider-Oxydro, Inc. in the conduct of its business.
CANCELLATION
Any cancellation must be approved by Sider-Oxydro, Inc., and
may be subject to restocking and other charges. Outbound freight &
handling charges on a cancelled order are the responsibility of the
Purchaser and will not be reimbursed; as well, the Purchaser will be
responsible for the return freight & handling charges. Refused
Shipments are subject to a restocking fee; as well, the Purchaser will
be responsible for the return freight & handling charges..
Any paid
ordered items left with Sider-Oxydro for more than 30 days will incur a
daily storing fee of 20% of the invoice amount until daily charges equal
invoice amount; at that time order will be considered nullified. Any
unpaid ordered items left at Sider-Oxydro for more than 30 days will be
cancelled on the 31st day and may be subject to restocking
and other charges. There will be no refunds and/or returns on any and
all colored, custom-colored and/or custom products. Any product being
returned must be in original sealed packaging, undamaged, and under
original pallet wrapping.
SECURITY INTEREST
On any sales on open account, Purchaser hereby grants to
Sider-Oxydro, Inc. a priority lien, purchase money security interest
and/or chattel mortgage in the products and any accounts receivable or
cash from resale thereof until full payment is made to Sider-Oxydro,
Inc. Purchaser agrees to inform Sider-Oxydro, Inc. immediately if it
intends to use any import financing or has or will be granting a lien or
security interest on its inventory to any third party.
ASSIGNMENT
Purchaser shall not assign any order or any interest therein
without the written consent of Sider-Oxydro, Inc. Any actual or
attempted assignment without Sider-Oxydro's prior written consent shall
entitle Sider-Oxydro, Inc. to cancel such order upon notice to Purchaser
without liability to Sider-Oxydro, Inc.
MODIFICATION OF TERMS
Sider-Oxydro's acceptance of any order is subject to
Purchaser's assent to all of the terms and conditions set forth in these
Terms and Conditions of Sale. Purchaser's assent to these terms and
conditions shall be presumed from Purchaser's receipt of these terms
and conditions and placement of an order with Sider-Oxydro, Inc, or from
Purchaser's acceptance of all or any part of the goods ordered. All
other contrary terms and conditions are expressly rejected, and no
addition or modification of terms and conditions shall be binding upon
Sider-Oxydro, Inc. unless agreed to by Sider-Oxydro, Inc. in writing.
COMPLETE AGREEMENT
These Terms and Conditions of Sale, the forms, Purchase Authorization,
Invoice, Quotation and catalog sales terms and conditions, are
incorporated herein by reference and constitute the entire and exclusive
agreement between Purchaser and Sider- Oxydro, Inc.
SEPARABILITY
If any
provision of these Terms of Purchase shall be deemed illegal or
unenforceable, such illegality or unenforceability shall not affect the
validity and enforceability of any other legal provisions hereof which
together shall then be construed as if such illegal and unenforceable
provision or provisions had not been inserted herein, unless such
illegality or unenforceability shall destroy the underlying business
purpose of these Terms of Purchase.
PRICES HEREIN
are subject to change without notice. Market sensitive commodity items
will be priced according to current market conditions. Additional fees
may apply when ordering below certain minimal order requirements, or
when requested certain custom orders, colors, etc…
SALES TAX
Sider-Oxydro is required to charge state and local tax on
items for which sales tax exemption certification has not been provided.
When ordering please indicate clearly which items are tax exempt.
PAYMENT TERMS
Payment terms and form of payment for all orders shall be as
stipulated on sales and invoice documentation. Interest will be charged
at the rate of 1.5% per month on all past due amounts. Purchaser agrees
to pay for all legal, collection, interest and other charges and fees on
all past due invoices and amounts. A returned check fee of $ 25.00 or
5%of the amount (whichever is greater), plus any and all NSF fees we
incur may be imposed any time your check or other instrument sent to us
as payment is not honored for any reason upon first presentment.
OSHA HAZARDOUS SUBSTANCE &
CALIFORNIA PROPOSITION 65 PRODUCT INFORMATION
Material Safety Data Sheets (MSDS) for OSHA defined
hazardous substances and a list of product known to the State of
California to cause cancer or reproductive harm are available from
Sider-Oxydro, Inc.
The
information and recommendations contained on the MSDS supplied by the
manufacturer are considered to be accurate and reliable. Sider-Oxydro,
Inc., however, makes no warranty with respect to the accuracy or
reliability of the information or the suitability of the
recommendations. Sider-Oxydro, Inc. disclaims any and all liability to
any user thereof.
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