You should carefully read the following Terms and Conditions. Your purchase or use of our themes implies that you have read and accepted these Terms and Conditions.
Terms and Conditions of Sale
ALL SALES ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS UNLESS OTHERWISE EXPRESSLY AGREED IN WRITING:
- GENERAL: All goods sold by or through CHEM-IS-TRY, INC. (“Seller”) to the buyer named in the order (“Buyer”) are subject to these conditions of sale. This is the complete and exclusive statement of the contract between Seller and Buyer with respect to Buyer’s purchase of the Products. No waiver, consent, modification, amendment or change of the terms contained herein shall be binding unless in writing and signed by Seller and Buyer. All orders are subject to acceptance in writing by an authorized representative of Seller. Seller reserves the right to reject any order for any reason.
- PRICE: All prices quoted by Seller’s representatives may be changed at any time without notice. All prices quoted by Seller or Seller’s representatives are valid for thirty (30) days, unless otherwise stated in writing. All prices for the Products will be as specified by Seller or, if no price has been specified or quoted, will be Seller’s price in effect at the time of shipment. All prices are subject to adjustment on account of specifications, quantities, raw materials, cost of production, shipment arrangements or other terms or conditions which are not part of Seller’s original price quotation. Price may also increase in the wake of any unprecedented circumstances like pandemic, natural disasters, imposed govt terrif, highly increased S&H, Customs, terror attack that Seller has no control off.
- TAXES AND OTHER CHARGES: Prices for the Products exclude taxes and duties imposed with respect to the sale, delivery all of which must be paid by Buyer. If Buyer claims any exemption, Buyer must provide a valid, signed certificate or letter of exemption for each respective jurisdiction.
- TERMS OF PAYMENT: Terms of payment are net price thirty days from date of invoice, unless expressly stated otherwise on the front of the invoice. All unpaid balances are deemed past due thirty days after the invoice date. CHEM-IS-TRY, Inc. may, in its sole and absolute discretion, delay any shipment without any notice whatsoever to Buyer if any amounts due is past due. Interest will accrue at the rate of 1½ % per month on all unpaid amounts commencing thirty days after the date of the invoice together with all costs and expenses (including without limitation reasonable attorneys’ fees and disbursements and court costs) incurred by Seller in collecting such overdue amounts. CHEM-IS-TRY, Inc. reserves the right to insist on full payment in cash prior to acceptance of any order from Buyer. Furthermore, when Buyer is past due or otherwise delinquent in any payment or when, in the sole and absolute determination of CHEM-IS-TRY, Inc, the financial condition of Buyer may impair Buyer’s ability to pay all sums due in a timely manner, then CHEM-IS-TRY, Inc may, at any time and without notice, refuse shipment, divert, delay or reroute shipments, cancel orders or alter or suspend credit terms. All payments shall be made in U.S. Dollars.
- CANCELLATION OR CHANGES BY SELLER: Custom orders cannot be canceled after the agreement has been signed. If for any reasons the buyer decides to breach the contract, the Buyer is responsible to pay 25% of the order cost and all the raw material already purchased for the project and surcharges that applies with the order.
- RIGHT TO CANCEL: For all the other orders besides custom order, Buyer may, by prior written notice to Seller, cancel orders or defer deliveries only on the conditions that Buyer assumes immediate liability and makes payments to Seller for cancellation charges incurred based on costs to Seller, including handling and overhead charges. All cancellation charges will be determined at the time of cancellation or deferment. Any deposits will not be returned but may be applied to future orders (net of any actual costs related to the cancellation) at Seller’s sole discretion. For orders canceled after 30 days, no credit will be given.
- Any cancellation after the order have already been initiated are NOT subject to change and is unacceptable.
- Seller reserve the right to cancel orders or terminate relationships at our sole discretion, at which point your deposit will be returned within thirty (30) days.
- REQUEST TO DELAY THE DELIVERY: If the delivery date has been extended by the buyer, a 25% restocking fee will apply every time the date is extended, and seller will no longer be responsible for the retest/ expiration date.
- RIGHT TO CANCEL: For all the other orders besides custom order, Buyer may, by prior written notice to Seller, cancel orders or defer deliveries only on the conditions that Buyer assumes immediate liability and makes payments to Seller for cancellation charges incurred based on costs to Seller, including handling and overhead charges. All cancellation charges will be determined at the time of cancellation or deferment. Any deposits will not be returned but may be applied to future orders (net of any actual costs related to the cancellation) at Seller’s sole discretion. For orders canceled after 30 days, no credit will be given.
- CHANGES IN PO: Custom order cannot be changed after the agreement has been signed. All other orders can be changed within 7 business days of signing the agreement. Changes does not mean cancellation of the Order. Changes are accepted only if the order has not been initiated.
- DELIVERY; CANCELLATION OR CHANGES BY BUYER: The Products will be shipped to the destination specified by Buyer, F.O.B. Seller’s shipping point. Seller will have the right, at its election, to make partial shipments of the Products and to invoice each shipment separately. Seller reserves the right to stop delivery of Products in transit and to withhold shipments in whole or in part if Buyer fails to make any payment to Seller when due or otherwise fails to perform its obligations hereunder. All shipping dates are approximate only, and Seller will not be liable for any loss or damage resulting from any delay in delivery or failure to deliver which is due to any cause beyond Seller’s reasonable control. In the event of a delay due to any cause beyond Seller’s reasonable control, Seller reserves the right to terminate the order or to reschedule the shipment within a reasonable period of time, and Buyer will not be entitled to refuse delivery or otherwise be relieved of any obligations as the result of such delay. Orders in process may be canceled by Buyer only with Seller’s written consent and upon payment of Seller’s cancellation charges. Orders in process may not be changed by Buyer except with Seller’s written consent and upon agreement by the parties as to an appropriate adjustment in the purchase price, therefore. Credit will not be approved for products returned without the prior written consent of Seller.
- DELAYS IN DELIVERY: There could be delay in delivery if, between the receipt of the PO till the time of shipping if any unprecedented circumstances like pandemic, natural disasters, imposed govt terrif, highly increased S&H, Customs, terror attack, lockdowns, strike, curfew that Seller has no control off, occurs. Seller is also not responsible if delay is cause by carrier for any reason.
- WARRANTY & LIABILITY: CHEM-IS-TRY, INC. products are warranted solely to identity and purity as listed. Seller warrants that the Products will operate or perform substantially in conformance with Seller’s published specifications when subjected to normal, proper, and intended usage by properly trained personnel, for the period of time set forth in the product documentation. Seller will provide Buyer with service data and/or a Return Material Authorization (“RMA”). Buyer may return the defective Products to Seller with all costs prepaid by Buyer within 30 days of receiving the material. CHEM-IS-TRY Inc allows 30 days for acceptance of the material (otherwise shipment will be assumed accepted).
CHEM-IS-TRY, INC Products may not be on the US EPA TSCA inventory and are sold solely for use in Research & Development, within the meaning of the act, by or under the supervision of a technically qualified individual. Since CHEM-IS-TRY, Inc. products are sold solely for R & D or limited manufacturing they may not have been fully tested for toxicity or other hazards. The buyer has the full responsibility to completely ascertain the toxicity and hazards of working with CHEM-IS-TRY, Inc products. Buyer hold CHEM-IS-TRY, Inc harmless from and against any and all claims, losses, damages as a result of Buyer’s use or misuse of CHEM-IS-TRY, Inc products, whether direct or indirect.
Products supplied by CHEM-IS-TRY, Inc may be covered by use or the application patents and no license under any patent is granted or implied. The sale or offer of a product should not be interpreted as an inducement to fringe any patent.
The physical properties and other data contained in CHEM-IS-TRY, Inc products are derived from literature and our own files and provided only as a reference. CHEM-IS-TRY, INC. assumes no responsibility for their accuracy of any technical data concerning any products or its use.
- EXPORT: Buyer acknowledges that each product, including technical information supplied by Seller or contained in documents is subject to export controls of the U.S. government. The export controls may include, but are not limited to, those of the Export Administration Regulations of the U.S. Department of Commerce (the “EAR”), which may restrict or require licenses for the export of Items from the United States and their re-export from other countries. Buyer shall comply with the EAR and all other applicable laws, regulations, treaties, and agreements relating to the export, re-export, and import of any Item. Buyer shall not, without first obtaining the required license to do so from the appropriate U.S. government agency; (i) export or re-export any Item, or (ii) export, re-export, distribute or supply any item to any restricted or embargoed country or to a person or entity whose privilege to participate in exports has been denied or restricted by the U.S. government. Buyer shall cooperate fully with Seller in any official or unofficial audit or inspection related to applicable export or import control laws or regulations, and shall indemnify and hold Seller harmless from, or in connection with, any violation of this Section by Buyer or its employees, consultants, agents, or customers.
- WARNING! WIRE FRAUD ADVISORY: Wire fraud and email hacking/phishing attacks are on the increase! Be aware! If you receive an email from us, containing WIRE TRANSFER INSTRUCTIONS call us immediately to verify the information prior to sending funds.
