The Purchaser expressly assents and agrees hereto that no other terms or conditions contained within Purchaser(s) Order shall be of any force or effect by acceptance or acknowledgment of the Purchaser(s) Order. Any modification to these terms and conditions must be made by written agreement between the Purchaser and Seller.
1. Standard Terms: Upon Receipt
2. All products are made to order and are non-returnable.
3. Orders may not be canceled or modified by Purchaser, in whole or in part, after acceptance by Seller, without consent by Seller.
4. The Purchaser shall hold Seller harmless against any expense or loss resulting from any claim of unfair competition or infringement of patents, trademarks or copyrights, arising from compliance with Purchaser’s designs or specifications or instructions. The Purchaser shall be exclusively responsible from and shall at his expense indemnify and defend Seller against all liability for any and all claims founded upon the legal effect and use of any designs, devices or words, including any wording required by Federal, State or Local laws or ordinances, which the Purchaser, may order incorporated in or imprinted or placed on the goods, notwithstanding that Seller may have been consulted thereon, or performed artwork or other special services in connection therewith.
5. All material must be invoiced as of the date of shipment and all such invoices must cover the full quantity of material shipped. If Purchaser fails to pay any invoice when due or fails to accept any shipment as scheduled, Seller may, without prejudice to other remedies, either defer further shipments until the default is corrected or cancel any unfilled portion of this order or any or all other orders.
6. Seller may revoke or modify terms of credit and may require cash before shipment without expense to Seller. Payments shall be in U.S. Dollars.
7a. Seller reserves the right to adjust prices specified on any page of this website to conform to Seller’s actual price schedule at time of shipment.
7b. Seller reserves the right to adjust prices showing in a Purchaser’s Shopping Cart, including incorrect pricing caused by website technology glitches, so the prices conform to the Seller’s actual price schedule at the time of the sale.
7c. In addition to prices specified herein, Purchaser shall pay or reimburse Seller for the amount of any tax, excise or charge now or hereafter, imposed by any Federal, State or Municipal government upon the sale, production or transportation of the material sold.
7d. Seller has the right to establish discount prices for sales events, to limit sale pricing to designated products, and to limit the period of time that sale prices apply. Sale prices apply only to manufacturer-direct retail purchases made directly from EVERWhite. Sale pricing cannot be used in conjunction with any other discount offer, although sale pricing might apply to volume discounts for a specific product. To qualify for sale pricing, orders must be placed by midnight Eastern Time on the final day of the sale as listed on the website. Sale pricing will not apply to quotes generated during the sale dates but not placed by the final day of the sale. If a sale item is returned, the reimbursement will be for the sale price.
8. All materials are sold F.O.B. Warminster, Pennsylvania. Freight is prepaid and added, excluding locations outside the continental U.S., which will be freight prepaid and added to any port in the continental United States. It is Purchaser’s responsibility to inspect delivery and note any damage on the bill of lading. Any damage must be reported by Purchaser to Seller within 5 days of delivery.
9. Fires, flood, strikes, work stoppages, labor shortages, accidents, transportation embargos or delays, failure or shortage of materials or machinery ordinarily used by Seller for the manufacture of merchandise specified, acts, regulations or priorities of the Federal, State or local government and agencies, Government contracts or shipments by Seller to other Purchasers to fulfill Government contracts, or any other causes of the same or of a different general nature beyond the control of Seller shall excuse the delay, reduction, suspension or failure in making shipments hereunder traceable to such causes. In the event of any such contingency Seller may, at its option, cancel this Order or the portion thereof as to which such failure or delay shall apply or make delivery within a reasonable time after removal of the contingency and may also, at its option, extend the times for all subsequent deliveries by the duration of the contingency.
10. Seller will not accept merchandise returned without its express authority in writing, and subject to the terms of warranty.
11. Seller shall not be liable for any claim for special or consequential damages resulting from late or non-delivery, from use, resale, handling or possession of its delivered product, or from any other cause.
12. No charge is being made for any technical advice furnished and Seller assumes no obligation or liability for the results obtained or conclusions reached, all such advice being accepted at Purchaser(s)’ risk. Purchaser shall determine the suitability of the product for its intended use and Purchaser assumes all risk and liability in connection therein.
Q.S. No: 250.4.008 Effective Date: 3-15-10 Page 1 of 1