TERMS AND CONDITIONS OF SALE

1. PRICES.  Unless otherwise agreed, Seller’s price shall be the price in effect at the time of shipment.  All prices exclude sales, use, occupation, license, excise and other taxes in respect of manufacture, sale or delivery and export/import duties, all of which shall be paid by the Buyer unless otherwise agreed between the parties.  All prices are subject to change without notice until confirmed by Seller’s formal acknowledgement.

2. DELIVERY.  F.O.B. terms for the goods furnished hereunder are stated on the standard price list or quotation for these goods.

Seller shall not be liable in damages for any delay in, or inability to complete the manufacture and delivery of the goods on account of labor or material supply difficulties from whatever causes arising, whether acts of God, shipping delays, inability to obtain equipment or materials from its sources of supply, lack of qualified labor sufficient to fill its orders, or inability of carrier to deliver the product, or any other cause beyond the reasonable control of Seller.  Should delivery be delayed by any such causes more than thirty (30) days beyond the delivery period specified in the order, either Seller or Buyer may cancel the order by written notice delivered no later than five (5) days after the end of such thirty (30) day period.  If neither party should deliver notice of cancellation within such five (5) day period, all terms and conditions shall remain in full force and effect.

3. DAMAGES AND RISK OF LOSS.  Buyer assumes all responsibility for, and risk of loss of, or damages to, the goods furnished hereunder, upon delivery F.O.B. Shipping Point or Destination, whichever applies under section though Seller may have selected the carrier.  In no event shall Seller be liable for anticipated profits or for damages on account of negligence, or for incidental or consequential damages.

4. LIMITATION OF WARRANTY.   Seller warrants to Buyer that the goods furnished hereunder conform to the current sales specifications which warranty is in lieu of all warranties of merchantability, fitness for a particular purpose, or other warranties, express or implied, arising by law or otherwise.  The exclusive remedy available for breach of this warranty, whether or not occasioned by the Seller’s negligence, shall be replacement of the non-conforming goods F.O.B., with Seller’s nearest facility producing this material.  The manufacturer disclaims all liability for consequential, special or indirect damages and shall not be held responsible in any manner for any economic loss, personal injury or property damage, or any other type of loss resulting from the purchase, handling, storage or use of this material, and in any event shall not be liable for damages in excess of the price of the material.  By accepting and using this material, the buyer is deemed to have understood and accepted these conditions.  Buyer shall inspect the goods immediately upon delivery.  Buyer’s failure to give notice of any claim within fifteen (15) days from the date of delivery shall constitute a waiver by Buyer of all claims with respect thereto.

EXCEPTAS SET FORTH HEREIN AND EXCEPT AS TO TITLE, IT IS EPRESSLY AGREED: (A) THAT THERE IS NO WARRANTY OF MERCHANTABILITY NOR OTHER WARRANTY, EXPRESSED OR IMPLIED, OR STATUTORY, NOR ANY AFFIRMATION OF FACT, OR PROMISES BY SELLER WITH REFERENCE TO THE GOODS, WHICH EXTENDS BEYOND THE SPECIFICAITONS MUTUALLY AGREED UPON BY THE SELLER AND THE BUYER; AND (B) THE BUYER ACKNOWLEDGES THAT HE IS PURCHASING THE GOODS SOLELY ON THE BASIS OF THE COMMITMENTS OF THE SELLER EXPRESSLY SET FORTH HEREIN.

5. PAYMENT.  Terms of payment for goods sold are stated on the price list or quotation covering these goods. A 1.5% finance charge will be charged per month on past due balances after 30 days.

6. RETURN POLICY:  Returned items for any reason within 30 days for a refund.  A 15% restocking fee charged on all returned products.  Before returning any items to us, you must first call customer service at (541) 774-5506.  Refunds will be issued in the original form of payment within 5-7 business days of receiving the returned item(s) at our warehouse. Refunds do not include shipping charges.

Note: Customers will be responsible for shipping charges on cancelled/returned orders.  All products must be unused, in new condition, packaged as they were received and must include all shipping materials. Once the product is returned to Pro-Tect Plastics, a seven day processing time is standard. If damaged upon arrival, you have the right to refuse the order. Freight orders must be inspected before receiving any products shipped on common carriers.  Claims will not be paid if freight bill is signed as received in good condition.

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