Terms and conditions
Unibrite is hereinafter referred to as ďSellerĒ as applicable.
The terms and conditions set forth herein shall constitute the final, complete
and exclusive terms and conditions of sale. Purchaser shall be bound by the
terms and conditions herein when it executes and returns an acknowledgement copy
to Seller, or when it otherwise indicates acceptance of these terms and
conditions or when it accepts delivery from Seller of, or pays Seller for any of
the products or services specified herein. Sellerís obligations are expressly
limited to the terms and conditions stated herein and any additional or
different terms and conditions proposed by Purchaser in any offer, order,
acceptance or other writing, or otherwise, are rejected by Seller unless
expressly accepted in writing by Seller. Seller reserves the right to correct
all typographical or clerical errors which may be presented in the prices or
Prices are subject to change without prior notice. All shipments will be
invoiced at prices in effect at the time of shipment. On palletized shipments, a
charge of $9.75 per pallet will be added to the invoice.
Payment terms are net 30 days for customers with approved credit (unless
otherwise agreed in writing from Seller). Late payments are subject to a finance
charge of 1.25% per month, or the maximum charge allowed by law if less than
1.25% per month. Most major credit cards are accepted.
Sellerís prices do not include sales, use, excise or similar taxes. Thus, in
addition to the prices specified herein, any present or future sales, use,
excise or similar taxes applicable to the product or services sold hereunder
shall be added to the price and paid by Purchaser.
F.O.B. Sellerís Factory, unless otherwise agreed in writing by Seller and
Purchaser and/or noted on the invoice and order confirmation form. In all cases,
risk of loss or damage to products in transit shall be on Purchaser who shall
file any resulting claims with the carrier. Shipping dates reflect Sellerís best
estimate based on production requirements. Seller shall not be liable for delay
in delivery or failure to manufacture due to causes beyond its reasonable
control, nor shall Seller be required to allocate production and deliveries, in
this event, among customers. For export orders, shipment date is subject to
extensions of time as required to obtain any necessary export license. Seller
reserves the right to make partial shipments, unless other written instructions
are given by purchaser.
Total shipments made within the range of 10% over and 10% under the order
quantity will be considered complete fulfillment of the order by Seller. The
invoice value will be for the quantity shipped.
Release and Will Call Orders
Unless specific written instructions are given by Purchaser, the order will be
entered into Sellerís normal production schedule for immediate shipment upon
completion of manufacturing. For orders held for release, or shipping
instructions, Seller will contact Purchaser. Disposition of the order must be
made 10 days after such contact, or the Purchaser will be subject to assessment
of a handling charge of 5% of the total value of the order. In addition, orders
held for release or shipping instructions beyond 90 days after completion may be
subject to storage charges.
The decision to accept product for return rests solely within Seller. With
Sellerís prior written approval, Sellerís standard products which are in
saleable condition, all as determined by Seller, may be returned to Seller for a
refund of product price, less a restocking charge of 25% of original invoice
price, any freight charges, taxes and bank credit fees incurred. Purchaser must
pay for return freight to Sellerís origin factory and Purchaser shall be
responsible for risk of loss or damage to the products in transit.
Purchaser may cancel an order provided written notice is given to Seller prior
to the commencement of production or processing of the products. If production
or processing has started, Seller will charge up to the full invoice price for
the products to be determined by Seller based upon the stage of production or
processing which has been performed. Cancellation of orders for Sellerís
standard stock products may be made in writing by Purchaser at any time prior to
shipment by Seller.
Seller warrants that the products to be delivered shall be of the type specified
and conform to Sellerís specifications, or to the Purchaserís specifications if
agreed to in writing by Seller, and shall be free from defects in material and
workmanship when compared to the applicable specifications. SELLER MAKES NO
OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OR MERCHANT LIABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST
INFRINGEMENT OF ANY PATENT, EXCEPT THAT THE IMPLIED WARRANTY OF TITLE IS NOT
DISCLAIMED. Sellerís only liability and obligation under the above warranty
shall be to correct any defects in, or at Sellerís option, to replace any
defective products which fail to comply with above warranty. Seller shall not be
liable for any breach of the above warranty unless it receives written notice of
such broach within one year from the date of shipment of the products to
which the breach relates.
of Liability and Damages
Seller shall not, in any event, be liable in contract, tort, warranty, strict
liability, or otherwise, for any special, indirect, incidental, or consequential
damages, such as, but not limited to, loss of anticipated profits or revenue.
Further, any liability of Seller arising in connection with any product or
service shall not exceed the sales price of such product or service.
Purchaser shall defend, indemnify and hold Seller harmless against any expense,
loss or cost from any infringement of any patent or trademark arising out of
Sellerís compliance with Purchaserís designs, specifications or instructions
with respect to products or their manufacture. Seller shall not be liable for
any use made by Purchaser or those taking, directly or indirectly, from
Purchaser, of any product furnished to Purchaser by Seller which is covered by
an adversely held patent.
The rights and duties of the parties hereto and the validity, construction and
interpretation of this agreement shall be governed by the laws of the State of
New York & County of Nassau, U.S.A., without giving effect to its conflicts of
Corporation: respect your privacy.
Therefore we will never share or sell your
personal information with any third party.
any information we may collect through this
site is intended to be only used for this
transaction. You personal information is
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