Tuesday 1/6/2009 15:47
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Terms of Sale
PLEASE READ THIS DOCUMENT CAREFULLY!
IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

This Agreement contains the terms and conditions that apply to your purchase from the Chemspec entity named on the invoice ("Chemspec") that will be provided to you ("Customer") on orders for products sold through ChemspecWorld.com. By accepting delivery of these products described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH Chemspec, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER Chemspec STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, in Chemspec's sole discretion.

  1. Other Documents. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and Chemspec.
  2. Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF MARYLAND, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
  3. Payment Terms; Orders; Quotes; Interest. Terms of payment are within Chemspec's sole discretion, and unless otherwise agreed to by Chemspec, payment must be received by Chemspec prior to Chemspec's acceptance of an order. Payment for the products will be made by credit card, or some other prearranged payment method unless credit terms have been agreed to by Chemspec.
  4. Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on Chemspec's invoice(s). Unless Customer provides Chemspec with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Chemspec's acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated, except for Chemspec's franchise taxes and taxes on Chemspec's net income. If applicable, a separate charge for taxes will be shown on Chemspec's invoice.
  5. Title; Risk of Loss. Title to products passes from Chemspec to Customer on shipment from Chemspec's facility. Loss or damage that occurs during shipping is Customer's responsibility.
  6. Warranties. THE LIMITED WARRANTIES APPLICABLE TO Chemspec-BRANDED PRODUCTS ARE INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS. Chemspec MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN THIS SECTION AND IN Chemspec's APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTIES WILL BE EFFECTIVE, AND Chemspec WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES, ONLY UPON Chemspec's RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED. Chemspec DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Chemspec's RESPONSIBILITY FOR WARRANTY CLAIMS IS LIMITED TO THE REPLACEMENT OF THE PRODUCT AS SET FORTH IN Chemspec's APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. Chemspec reserves the right to modify its warranty at any time, in its sole discretion.
  7. Return Policies. Chemspec products that are purchased directly from Chemspec by an end-user Customer may be returned by Customer in accordance with Chemspec's "Return Policy" in effect on the date of the invoice.
  8. Exchanges. From time to time, Chemspec may, in its sole discretion, exchange products or portions of a product. Any exchanges will be made in accordance with Chemspec's exchange policies in effect on the date of the exchange.
  9. Products. Chemspec's policy is one of on-going product update and revision. Chemspec may revise and discontinue products at any time. Chemspec will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible. The parts and assemblies used in building Chemspec products are selected from new and equivalent-to-new parts and assemblies in accordance with industry practices.
  10. Limitation of Liability. Chemspec DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE. Chemspec WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
  11. Applicable Law; Not For Resale. Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own internal use only, and not for resale. Chemspec has separate terms and conditions governing resales.
  12. Service and Support. Chemspec endeavors to provide the best customer and technical telephone support in the industry. For end-user Customers, Chemspec promises that its support people will attempt to handle over the telephone any problem involving Chemspec products. However, Chemspec's support people may not be able to understand or resolve any given problem. Service offerings may vary from product to product. Chemspec has no obligation to provide service or support until Chemspec has received full payment for the product for which service or support is requested.
  13. Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions.