Surepure Chemetals

General Terms and Conditions of Sale

All sales are subject to the following terms and conditions:

Limited Warranties

Limitation of Liability/Purchaser's Indemnity
ALL ORDERS ARE ACCEPTED AND SHIPPED STRICTLY SUBJECT TO THESE GENERAL TERMS AND CONDITIONS AND NO OTHER TERMS AND CONDITIONS PRINTED ON BUYER'S PURCHASE ORDER OR OTHERWISE, SHALL BE APPLICABLE TO YOUR ORDER.

Method of Shipment
Whenever possible, we will ship products by the method specified on your order. We work closely with United Parcel Service, and find we can service you best when using United Parcel Service. We will be happy to utilize other carriers based on your requirements.

Terms and Prices
All orders are shipped FOB Seller's shipping point. Current standard published shipping charges will be added to the invoice when your order indicates the freight terms are prepay and add. A current copy of these standard published shipping charges is available upon request. Your order may be subject to handling charges. We can also ship freight collect, if desired. All prices are listed in US dollars. PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE. In cases where the selling prices have changed significantly, we will contact you for approval prior to shipping your mailed, faxed, or electronically-transferred order. STANDARD CREDIT TERMS ARE PAYMENT BY CREDIT CARD (VISA, MASTERCARD, DISCOVER, OR AMERICAN EXPRESS). IF NET 30 DAYS IS REQUESTED, PLEASE FAX OR EMAIL THREE (3) TRADE REFERENCES AND ONE (1) BANK REFERENCE AT TIME OF ORDER.

Order Changes/Cancellations
No change by Purchaser of any term or condition of this contract or any of Seller's rights or remedies hereunder shall be binding on Seller, nor shall the order hereby acknowledged be changed or canceled by Purchaser unless approved in writing by an authorized officer of Surepure Chemetals, Inc. There are no representations, agreements, promises, or understandings between Purchaser and Seller that are not expressed herein.

Claims for Lost or Damaged Shipments
We urge you to inspect all packages immediately upon receipt and report any damage, shortage or defect to our Customer Service Department as soon as possible. CLAIMS FOR THESE DISCREPANCIES MUST BE MADE WITHIN 30 DAYS OF YOUR RECEIVING THE MATERIALS. All products are sold FOB Seller's shipping point unless otherwise noted. Delivery of goods to the carrier at Seller's plant or to other loading point, shall constitute delivery to Buyer, and regardless of shipping terms, all risks of loss or damage in transit shall be borne by Buyer. Should you need assistance in filing a claim, please call our Customer Service Department.

Return Shipments
Some materials are not returnable to Surepure Chemetals, Inc. Returned shipments cannot be accepted by Surepure Chemetals unless prior arrangements have been made. If it is necessary to return any materials, contact our Customer Service Department to obtain a return authorization number. REQUESTS FOR RETURN AUTHORIZATION NUMBERS MUST BE MADE WITHIN 30 DAYS OF YOUR RECEIVING THE MATERIALS. Only items authorized by Seller for return will be accepted. Final disposition of returned goods will be made only after receipt and inspection of goods. Collect shipments will not be accepted unless previously authorized. Material must be received on or before the Return Authorization expiration date. Material returned requiring disposal may incur additional charges. A 20% restocking fee is charged on catalog items returned.

Uses and Patents
Our materials are offered for laboratory and manufacturing use only. They are NOT intended for use as drugs, food additives, cosmetic, household chemicals, or other inappropriate applications. We reserve the right to limit sales of products or not to sell products to unqualified customers.

Limited Warranties
The information included in this catalog has been obtained from normally reliable and dependable sources and is correct to the best of our knowledge; however, we cannot guarantee it as such. We warrant title as provided in the Uniform Commercial Code. WE MAKE NO OTHER REPRESENTATIONS OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR ANY OTHER MATTER WITH RESPECT TO OUR PRODUCTS, WHETHER USED ALONE OR IN CONNECTION WITH ANY OTHER SUBSTANCE.

Limited Liability/Purchaser's Indemnity
Claims for rejected, non-conforming product, or any other claim against us, must be made in writing and must be received and acknowledged by us in writing within thirty (30) days of customer's receipt of the product in question. Any claims not satisfying this condition shall be deemed waived. Upon the approved return of any such product, we shall have the option to replace such product with conforming product or to return the purchase price to customer, at our sole discretion. PURCHASER'S EXCLUSIVE REMEDY, FOR ANY CAUSE OR CLAIM WHATSOEVER, INCLUDING BUT NOT LIMITED TO ALLEGED BREACH OF WARRANTY, PRODUCT LIABILITY, NEGLIGENCE, OR OTHERWISE, SHALL BE FOR MONEY DAMAGES IN AN AMOUNT NOT TO EXCEED THE PURCHASE PRICE PAID BY PURCHASER FOR THE PRODUCT IN RESPECT TO WHICH THE CLAIM IS MADE. IN NO EVENT SHALL WE BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER PURCHASER'S CLAIM IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. IN CONSIDERATION OF THE SALE OF PRODUCT TO PURCHASER, WHICH SALES WE WOULD NOT OTHERWISE MAKE, PURCHASER AGREES TO INDEMNIFY AND HOLD US HARMLESS FROM ALL CLAIMS, EXPENSES, LOSSES AND LIABILITY OF ANY NATURE WHATSOEVER ARISING OUT OF PURCHASER'S HANDLING AND/OR USE OF PRODUCT, WHETHER USED ALONE OR IN COMBINATION WITH ANY OTHER SUBSTANCE.

Technical Service
At your request, we may furnish technical assistance and information with respect to our products. Unless otherwise agreed, all such technical assistance and information will be provided and you, as the user, assume sole responsibility for results obtained in relying on this information. We make no warranties of any kind or nature with respect to technical assistance or information provided. Any suggestions by us regarding use, application, or suitability of the products shall not be construed as an express or implied warranty. We strive to keep all technical discussions confidential, however, we can NOT guarantee this.

Hazards
All of our products should be handled only by qualified and trained individuals. In purchasing these products, the customer acknowledges that there are hazards associated with their use. Customer represents and warrants to us that from customer's own independent review and study it is fully aware and knowledgeable about (a) the health and safety hazards associated with the handling of the products purchased; (b) industrial hygiene controls necessary to protect its workers from such health and safety hazards; (c) the need to adequately warn of health and safety hazards associated with products; and (d) government regulations regarding the use of and exposure to such products.

Toxic Substance Control Act (TSCA)
We do not warrant that all our products are listed in the chemical substances inventory under the Toxic Substances Control Act. The purchaser assures the use of our products will be in full compliance with the act and its regulations.