General Terms and Conditions
All orders accepted by Tyflong International, Inc. ("Tyflong") are subject to and shipped strictly in accordance with the general terms and conditions listed herein. These general terms and conditions may not be altered or amended in any way. No additional or different terms or conditions stated or incorporated by buyer shall be enforceable against Tyflong, unless specifically agreed to in writing by an authorized representative of Tyflong.
1. Disclaimer of Warranties and Limitation of Liability.
Tyflong does not guarantee buyer any end-use results for any of its materials. Unless otherwise expressly stated in writing, Tyflong makes no warranties, express or implied, including, but not limited to, any representations or warranties with respect to fitness for a particular purpose or merchantability of any of its materials.
In the event of Tyflong's liability, whether based on contract, tort, negligence, strict liability or otherwise, buyer's exclusive remedy will be limited to replacement by Tyflong of any defective materials for which claim is made by the buyer, or allowing credit of purchase price at Tyflong's option. No claim will be allowed by Tyflong for any materials claimed by buyer to be defective or unsuitable unless Tyflong is permitted to examine the materials before use or processing by buyer. All errors, defects or damaged materials claimed by buyer must be confirmed by Tyflong's inspection. In the event that Tyflong and buyer are unable to reach an amicable solution to the claim, the materials shall be examined by a third party mutually acceptable by Tyflong and buyer for final judgment.
Tyflong expressly disclaims any liability to the buyer, its customers or to the users of its materials, for special, incidental or consequential damages, including damage to or loss of other property or equipment, personal injury, loss of profits or revenues or cost or other damage, loss or expense from any cause whatsoever, arising out of or in any way connected with the sale or use of its materials. Any action must be brought within one year from the date of shipment. Some states do not allow the exclusion or limitation of consequential damages or the limitation on the time this warranty applies, so these limitations may not apply to you.
In consideration of the sale of its materials to buyer, which sales, Tyflong would not otherwise make, buyer agrees to indemnify and hold Tyflong harmless for all claims, expenses, losses and liability of any nature whatsoever arising out of the buyer's handling and/or use of the materials, whether used alone or in combination with any other substance.
This Disclaimer of Warranties and Limitation of Liability will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to its conflict with laws or provisions of your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Disclaimer of Warranties and Limitation of Liability to be unenforceable, the remainder of the Disclaimer of Warranties and Limitation of Liability will continue in full force and effect.
2. Minimum Order Quantities and Written Price Quotations
Tyflong's minimum order quantity is 44 pounds. Special circumstances may result in the acceptance of a smaller order. Please contact an authorized representative of Tyflong for details on orders less than 44 pounds. Tyflong reserves the right to ship excess or deficiency of five weight percent (+/- 5%) on all materials ordered.
Upon request, Tyflong will provide a written price quotation for buyer's desired quantity of materials. Written price quotations will include an estimate of additional charges for shipping, handling, taxes, duties, brokerage fee, freight or insurance charges. The actual cost of these additional charges may vary from the quotation due to a change in freight rates (including any freight surcharge), export duties, taxes or other governmental charges, or insurance rates (including War Risk), or any change in exchange rate (including change resulting from any currency devaluation or revaluation).
Unless a material is market-price sensitive, written price quotation for materials will effective for 30 days from the date of quotation. Tyflong's prices are subject to change at any time, including at time of order due to changing material market conditions, without notice.
Tyflong will ship all materials ordered according to buyer's written instructions. Tyflong reserves the right to alter any of buyer's shipping instructions for hazardous materials covered by the United States Department of Transportation. Shipments shall be made F.O.B. shipping point. All title and risk of loss shall be borne by buyer from time of Tyflong's delivery of materials to common carrier at the shipping point.
In the absence of shipping instructions, material will be shipped by whatever method Tyflong deems appropriate. All scheduled shipment dates are approximate and subject to delay caused by fire, strike, or other labor disturbances, Act of God, shortages of material, or failure of supplier to satisfactorily meet scheduled deliveries or any other factor or event beyond Tyflong's reasonable controls, none of which factors shall give rise to any liability on the part of Tyflong, but shall constitute a waiver of any claim for delay. In no event shall Tyflong be liable for consequential or other damages for any delay. The materials are the sole risk of Buyer after delivery by Tyflong to common carrier. All risk for shortage, loss, delay or damage in transit shall be borne by Buyer.
Under certain circumstances partial shipments may be made.
The payment due date shall be specified in writing in Tyflong's price quotation and invoice. Unless otherwise agreed upon, payment shall be due net thirty (30) days after the invoice due date. Any invoice remaining unpaid after the payment due date accrues late charges until paid at the rate of 5% per month or at the highest interest rate allowed by law.
Buyer shall reimburse Tyflong, upon demand, for any fees and costs of collection incurred by Tyflong, including reasonable attorneys' fees. If buyer becomes insolvent, or is unable to pay its debts as they come due, or files or has filed against it a bankruptcy, insolvency, or if Tyflong in good faith doubts the ability of buyer to pay, Tyflong may demand cash payment or other form of guarantee of payment in advance before shipment of materials is made.
Any manufacturer's, retailer's, occupation, use, sales or excise tax, duty, custom, inspection or testing fee or any other tax, fee or charge of any nature imposed by any governmental authority on or measured by any transaction between Tyflong and buyer shall be paid by buyer in addition to the contract price as quoted or invoiced, unless Tyflong specifically states in writing that such taxes, fees or charges are included in the contract price or unless at the time the order is submitted, the buyer provides Tyflong an acceptable certificate exempting Tyflong from any such taxes, fee or charge. Buyer shall reimburse Tyflong for all non-exempt taxes, fees or charges upon demand.
5. Materials Safety Date Sheet (MSDS)
In compliance with OSHA, Tyflong shall provide a materials safety data sheet (MSDS) for all materials shipped. The MSDS is prepared by manufacturer's technical staff based on the best of their knowledge and information. As such, the MSDS is offered solely for buyer's information, consideration and investigation. Tyflong provides no warranties, either express or implied with respect to its MSDS. Tyflong assumes no responsibility for the accuracy or completeness of the data contained in any MSDS.
6. Technical Advice
Any technical advice provided by Tyflong concerning the use of its materials is given without charge. Tyflong disclaims any warranties, either express or implied and disclaims all liability for such advice.
When materials have been classified as hazardous, the materials shall be handled only by qualified and trained individuals. In purchasing materials from Tyflong, buyer acknowledges and agrees that there are hazards associated with the use of the materials. Buyer represents and warrants to Tyflong that buyer, based on its own independent review and study is fully aware of and knowledgeable about the following:
(a) the heath and safety hazards associated with the handling of the materials 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 the materials; and
(d) government regulations regarding the use of and exposure to such materials.
8. Patents and Uses.
The offering of any materials does not constitute nor imply the use or infringement of any pending or issued patent.
TERMS-CONDITIONS OF SALE
All returns should be made within 60 days after receipt of the order and are subject to a 20% restocking charge.
Material may not be returned for credit without a Return Authorization Code. All returned merchandise must have the original invoice number.
Tyflong International Inc.
Phone: 1 530 746 3001 Fax: 1 530 231 2887
Copyright (c) 2017 Tyflong Inernational Inc.