TERMS AND CONDITIONS

Parkway Scientific LLC ("Seller") supplies the chemical ("Product") ordered by the buyer ("Buyer") subject to the following terms and conditions. The placing of a purchase order implies acceptance of all these terms and conditions.

 

Price

 

All prices are in U.S. dollar. Price are subject to change without prior notice. We will charge $30.00 shipping and handling for orders under $1,000 within US. Any other tax imposed by government are extra and shall be paid by Buyer in addition to the price and shipping charge quoted and invoiced.

 

Payment

 

Payment terms are net 30 days from invoice date. The Seller reserves the right to request advance payment at its discretion. Accounts 30 days past due are subject to a 1.5% late charge per month on the unpaid balance.

 

Patents

 

Seller's products may be covered by use or application patents. Seller DOES NOT WARRANT that the use or sale of the products delivered hereunder will not infringe the claims of any United States patent or patent application covering the product itself or the use thereof in combination with other products or in the operation of any process. The buyer is responsible for any patent infringement resulting from his use of our products.

 

Warranty Disclaimer

 

No warranties by seller (other than warranty of title as provided in the uniform commercial code) shall be implied or otherwise created under the uniform commercial code, including but not limited to warranty of merchantability and warranty of fitness for a particular purpose.

 

Limitation on Consequential Damages and Indemnification

 

Buyer acknowledges that there may be hazards associated with the use of our products offered. Buyer agrees that their personnel concerned with any such product are aware of the hazards and assumes all responsibility for the warning of their employees and independent contractors of all hazards to persons and property in any way connected with the products, and Buyer agrees to instruct their employees, agents and customers to use safely such product. Buyer also assumes all responsibility for the results of using any product offered in combination with other articles or substances, and in any manufacturing process, and for the ultimate safe disposal of the product in accordance with applicable laws. Seller's sole obligation and the Buyer's exclusive remedy with respect to products proved to Seller's satisfaction to be defective or nonconforming shall be return of such products to Seller, and refund of the purchase price actually paid therefore by the Buyer. Seller shall not be subject to any other obligations or liabilities, whether arising out of breach of contract, warranty, tort (including negligence and strict liability) or other theories of law, with respect to goods sold or technical services rendered by Seller, or any undertakings, acts or omissions relating thereto. Without limiting the generality of the foregoing, Seller specifically disclaims any liability for property or personal injury damages penalties, special or punitive damages, damages or lost profits or revenues, loss of use of product or any associated equipment, cost of capital, cost substitute products, facilities or services, down-time, shut-down, or slow-down costs, or for any other type of economic loss and for claims of the Buyer's customers or any third party for any such damages. SELLER SHALL NOT BE LIABLE FOR AND DISCLAIMS ALL CONSEQUENTIAL, INCIDENTAL AND CONTINGENT DAMAGES WHATSOEVER. The Buyer shall indemnify Seller from and against any and all losses, damages and expenses (including attorney's fees and other costs of defending any action) that Seller may sustain or incur as a result of any claim of breach of contract, tort (including negligence, breach of implied warranty, strict liability in tort) or other theories of law, by the Buyers, its officers, agents or employees, its successors and assigns, and its customers, or other persons, whether direct or indirect, in connection with the use of the product furnished hereunder.

 

Toxic Substance Control Act (TSCA)

 

Seller does not warrant that its products are listed in the chemical substances inventory under the Toxic Substance Control Act (TSCA). The Buyer represents and warrants that the use of products purchased from Seller will be in full compliance with the act and its regulations.

 

Conditions of Sale

 

Seller accepts buyer's orders solely upon the terms and conditions stated herein. Acceptance of buyer's orders is expressly conditional on buyer's acceptance of these terms and conditions.