TERMS OF SALE – IMPORTANT – NON-WARRANTY
1. SINCE WE HAVE NO CONTROL OVER THE CONDITIONS UNDER WHICH THESE GOODS ARE TRANSPORTED OR UNDER WHICH THE PURCHASER STORES, HANDLES OR USES THESE GOODS, WE MAKE NO WARRANTY EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THESE GOODS, THEIR MERCHANTABILITY OR THEIR FITNESS FOR ANY PURPOSE OR THE RESULTS TO BE OBTAINED FROM THEIR USE. NO REPRESENTATIVE OF OURS HAS AUTHORITY TO WAIVE OR CHANGE THIS PROVISION, WHICH APPLIES TO ALL SALES. IF THE PURCHASER DOES NOT ACCEPT THE GOODS ON THESE TERMS, THEY ARE TO BE RETURNED AT ONCE, UNOPENED. NOTE: DO NOT CHANGE MANUFACTURING PROCEDURES OR MATERIALS USED, WITHOUT THOROUGHLY INVESTIGATING RESULTS BEFORE PRODUCING ON A COMMERCIAL SCALE. MATERIAL SHOULD BE INSPECTED ON ARRIVAL FOR DAMAGE IN TRANSIT.
“SELLER AFFIRMS TO THE EXTENT THAT IT IS THE PRODUCER OF THE GOODS COVERED BY THIS INVOICE THAT, WITH RESPECT TO THE PRODUCTION OF SUCH GOOD, IT HAS FULLY COMPLIED WITH THE PROVISIONS OF THE FAIR LAW STANDARDS ACT OF 1938, AS AMENDED.”
2. SELLER HEREBY EXCLUDES ANY AND ALL WARRANTIES, GUARANTEES OR REPRESENTATIONS WHATSOEVER, EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES ANY AND ALL WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, except that Seller assures Buyer that these goods have been produced by Seller in compliance with the applicable requirements of the Fair Labor Standards Act of 1938, as amended, and of the regulations issued thereunder. BUYER ASSUMES RISK FOR RESULTS OBTAINED FROM USE OF THESE GOODS WHETHER USED ALONE OR IN COMBINATION WITH OTHER PRODUCTS. SELLER’S LIABILITY HEREUNDER SHALL BE LIMITED TO REPLACEMENT OF ANY GOODS WHICH ARE NOT OF SELLER’S STANDARD QUALITY, AND SUCH REPLACEMENT SHALL BE BUYER’S EXCLUSIVE REMEDY.
3. While Seller may from time to time offer recommendations and advice with respect to the use of products, it is understood that Buyer, in acting on any such recommendations or advice, does so at its own risk.
4. Seller shall not be responsible for any failure or delay in delivery of goods because of any cause beyond Seller’s control.
5. If the financial responsibility of the Buyer becomes unsatisfactory to Seller, Seller may, by written notice, cancel this order in whole or in part.
6. No claims for replacements will be considered unless Seller is notified thereof within 20 days after receipt of goods by Buyer. Failure of Buyer to give such notice within such period shall constitute an unqualified acceptance of these goods pursuant hereto. Any action by Buyer for breach of contract with respect to this purchase and sale must be commenced within one year after such cause of action has accrued.
7. Payment may be made only at the offices of the Seller.
8. All of the terms of this purchase and sale are set forth in this instrument and may not be changed except by an instrument in writing executed by a duly authorize officer of Seller.
9. This agreement shall be construed under the laws of the State of California.
10. Customer shall read & follow the instructions and warnings on the Material Safety Data Sheet for each product sampled or purchased, as well as the safety warnings on each product container and each Product Data Sheet.
11. THE GOODS COVERED BY THIS INVOICE ARE SOLD EXPRESSLY ON THE CONDITION BUYERS ASSENT THAT THESE TERMS OF SALE, INCLUDING THE EXCLUSION OF WARRANTIES, GOVERN THIS PURCHASE AND SALE. BUYER’S FAILURE TO OBJECT TO THESE TERMS OF SALE WITHIN FIVE DAYS AFTER THE DATE OF SELLER’S “ACKNOWLEDGEMENT & TERMS OF SALE” (IF SUCH AN ACKNOWLEDGEMENT WAS MADE TO THIS ORDER), OR BUYER’S TAKING DELIVERY OF ANY GOODS SUPPLIED HEREUNDER, WHICH EVER IS SOONER, SHALL CONSTITUE SUCH ASSENT.