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Terms & Conditions of Sale

 

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Standard Terms & Conditions of Sale

Payment: 1% 10 Days, Net 30 Days.

Transportation Policy: All deliveries will be made F.O.B. Point of Shipment. Freight calculated and billed when releases for shipment are below the stated freight allowances for the product ordered, released and shipped.

Freight paid on 2000 lbs. and over 48 continental United States only. Freight allowances stated are allowable only to the continental port of exit.

Orders including both stock and made-to-order items will not be combined for weight unless the stock items are stocked at the manufacturing plant producing the made-to-order items and the customer is willing to wait for shipment at one time to one destination.

All price page and catalog weights are approximate and actual shipping weights may vary from these listings. In case of dispute, actual shipping weights will apply.

Minimum Order: $500.00.

Taxes: Buyer shall reimburse Seller for all taxes, excises or other charges which Seller may be required to pay to any Government (national, state or local) upon the sale, production or transportation of the goods.

Returned Goods: No goods may be returned without Seller's prior written authorization. Each request for exchange or return should describe the condition of the goods and the reasons for the requested return or exchange. Buyer shall pay return transportation costs and a restocking charge of 20% of the invoice price for 1st class goods returned for customer convenience. This applies only to warehouse stock products purchased within a six month period.

Physical Properties: ASTM basic requirements for physical properties are based on values obtained from standard laboratory test specimens prepared and tested in accordance with the applicable ASTM test methods. Test results from specimens prepared from finished products may not duplicate values obtained from standard test specimens. Per ASTM D2000, Section 7.1, Buyer agrees that when standard test specimens are cut from finished parts in accordance with Practice D 3183, a deviation to the extent of 10% on tensile strength and elongation values is permissable.

Title and Risk of Loss: Title to and risk of loss in the goods shall pass to Buyer upon Seller's delivery to carrier at the shipping point, notwithstanding the terms of shipment.

Cancellation: Cancellations or modification of orders must be submitted in writing and received by Seller at least 2 days prior to shipment and shall be subject to acceptance by Seller. Any items manufactured to order shall not be subject to cancellation, or at Seller's option may be cancelled under terms as will indemnify and hold Seller harmless against loss.

Warranties and Disclaimers: Goods furnished shall conform to the description thereof. All first quality goods are warranted to be free from defects in material and workmanship at the time of shipment. Seller shall convey good title to Buyer. Seller further warrants that the goods sold do not infringe any valid United States patent, but Seller does not warrant, however, that the use of the goods or products made therefrom, either alone or in conjunction with other materials, will not infringe any United States patent. THE WARRANTIES SET FORTH IN THIS PROVISION ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. SELLER MAKES NO WARRANTY EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

Limitation of Liability: Seller shall not be liable in contract, in tort (including negligence), or otherwise for damage or loss of other property, loss of profits or revenue, loss of use of property or equipment, claims of customers of the Buyer, or for any special, indirect, incidental, or consequential damages whatsoever. Under no circumstances shall Seller's liability exceed the purchase price of the goods in respect of which damages are claimed.

Acceptance of Orders: All orders accepted by Seller are accepted on the understanding that Buyer, by placing the order, has agreed to these Standard Terms & Conditions of Sale and that they are therefore part of the Buyer's order.

Uses and Applications: Sheet Rubber products are sold commercially for multiple applications as determined by the end-user. Information on certain physical properties of our various styles and grades of sheet rubber is provided in our product literature, but such information is unrelated to any particular use or application. Each purchaser or user of a sheet rubber product must initially determine its suitability for the intended application, use or purpose by appropriate and adequate testing, engineering and chemical analysis. Consultation with qualified engineers and testing laboratories is recommended. Biltrite does not recommend any of its products for any particular use or application. The purchaser or user shall assume full responsibility for the adequacy and suitability for the intended use. Sheet rubber products may fail as a result of temperature variances, excessive pressures, abrasion or damaging substances. The wear life of rubber products is limited by the circumstances and conditions of use. Rubber materials should be inspected regularly and should be replaced as appropriate for operational and safety requirements and the prevention of injury or damages to persons and property.

All products are sold and warranted only pursuant to our published terms and conditions of sale. Except as expressly provided in our published warranty statement, we make no warranty, express or implied of any kind, including without limitation, warranties of merchantability or fitness. We are not responsible to the user for any consequential, incidental, or special damages resulting from product use or processing.

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