GENERAL TERMS AND CONDITIONS OF SALE
BY ORDERING ANY PRODUCT OR MATERIAL
BUYER HEREBY AGREES TO THE FOLLOWING TERMS AND CONDITIONS OF SALE
ALL ORDERS ARE ACCEPTED AND SHIPPED STRICTLY SUBJECT TO THESE GENERAL TERMS AND CONDITIONS AND NO OTHER TERMS AND CONDITIONS PRINTED ON BUYER’S PURCHASE ORDER OR OTHERWISE, SHALL BE APPLICABLE TO ANY ORDER
ORDER AND SHIPPING
Please place order by Catalog Number and Chemical Name via email.
We accept payment by wire transfer and our terms are net 30 days.
All prices and availability are subject to change without prior notice.
Freight charges are prepaid and added to the invoice unless otherwise specified.
If you have an account with FedEx or DHL and would like us to ship collect,
please provide your account number when you place your order.
Return shipments will NOT be accepted unless we have given prior permission and complete shipping instructions.
Returns will not be accepted after 7 days from the original ship date.
Our products may be covered by use or application patents. Our products DOES NOT WARRANT that the use or sale of the products delivered hereunder will not infringe the claims of any United States or foreign patent or patent application covering the product itself or the use there of in combination with other products or in the operation of any process. The buyer is responsible for any patent infringement resulting from his use of our products.
No warranties by seller (other than warranty of title as provided in the uniform commercial code) shall be implied or otherwise created under the uniform commercial code, including but not limited to warranty of merchantability and warranty of fitness for a particular purpose.
LIMITATION ON CONSEQUENTIAL DAMAGES AND INDEMNIFICATION
Buyer acknowledges that there may be hazards associated with the use of certain products offered. Buyer agrees that their personnel concerned with any such product are aware of the hazards and assumes all responsibility for the warning of their employees and independent contractors of all hazards to persons and property in any way connected with the products, and Buyer agrees to instruct their employees, agents and customers to use safely such product. Buyer also assumes all responsibility for the results of using any product offered in combination with other articles or substances, and in any manufacturing process, and for the ultimate safe disposal of the product in accordance with applicable laws.
Arena Chemical sole obligation and the Buyer’s exclusive remedy with respect to products proved to Arena Chemical satisfaction to be defective or nonconforming shall be return of such products to Arena Chemical, and refund of the purchase price actually paid therefore by the Buyer. Arena Chemical shall not be subject to any other obligations or liabilities, whether arising out of breach of contract, warranty, tort (including negligence and strict liability) or other theories of law, with respect to goods sold or technical services rendered by Arena Chemical, or any undertakings, acts or omissions relating there to. Without limiting the generality of the foregoing, Arena Chemical specifically disclaims any liability for property or personal injury damages penalties, special or punitive damages, damages or lost profits or revenues, loss of use of product or any associated equipment, cost of capital, cost substitute products, facilities or services, down-time, shut-down, or slow-down costs, or for any other type of economic loss and for claims of the Buyer’s customers or any third party for any such damages. Arena Chemical SHALL NOT BE LIABLE FOR AND DISCLAIMS ALL CONSEQUENTIAL, INCIDENTAL AND CONTINGENT DAMAGES WHATSOEVER.
The Buyer shall indemnify Arena Chemical from and against any and all losses, damages and expenses (including attorney’s fees and other costs of defending any action) that Arena Chemical may sustain or incur as a result of any claim of breach of contract, tort (including negligence, breach of implied warranty, strict liability in tort) or other theories of law, by the Buyers, its officers, agents or employees, its successors and assigns, and its customers, or other persons, whether direct or indirect, in connection with the use of the product furnished hereunder.
Toxic Substance Control Act (TSCA)
Arena Chemical does not warrant that its products are listed in the chemical substances inventory under the Toxic Substance Control Act (TSCA). The Buyer represents and warrants that the use of products purchased from Seller will be in full compliance with the act and its regulations.
CONDITIONS OF SALE
Arena Chemical accepts buyer’s orders solely upon the terms and conditions stated herein.
Acceptance of buyer’s orders is expressly conditional on buyer’s acceptance of these terms and conditions.
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