Crystex Composites LLC
125 Clifton Boulevard
Clifton, NJ 07011
Terms & Conditions of Sale
Shipping And Handling:
Quoted prices are in US Dollars, FOB/EXWORKS Clifton, NJ USA.
Quoted prices do not include any excise, sales, value added, goods and services, privilege, use or similar taxes or levies, or import or export duties payable in connection with sale or delivery of any products or performance of any services, all of which shall remain the sole responsibility of Buyer. If the seller is required to collect or pay any such taxes, levies, or duties, Buyer shall pay such amounts to Seller upon invoice.
Guarantee/ Warranty Products:
Seller warrants that, any products manufactured by it, will be free from defects in material and workmanship. With respect to any product (or component) not manufactured by Seller, Seller’s sole obligation will be to assign to Buyer any rights under any warrants in favor of Seller from the vendors thereof, to the extent permitted by the terms thereof.
Seller further warrants that, at delivery, the products manufactured by it will conform in all material respects in accordance with any specifications expressly referenced in this Quotation. If any such specifications provide for performance or acceptance test(s), compliance with such performance specifications shall be exclusively determined by the result of such test(s), and Seller’s liability under this warranty will terminate upon successful completion of such test(s) or, sixty(60) days after delivery if such performance or acceptance test(s) is not completed within such period for reasons beyond Seller’s control.
Seller warrants that the material or components will meet agreed specifications for dimensions and material properties. Buyer is responsible for testing and approving the use of the material in application. Seller does not guarantee the performance of material or product in any specific application since operational conditions are beyond the control of the seller.
Buyer must report non-conformance within 60 days of invoice date. Any claims made after that period will not be accepted.
If, during the applicable warranty period, any warranted product fails to conform to the applicable warranties, Seller’s sole obligation and Buyer’s sole remedy will be, at Seller’s option, to repair or replace the non-conforming product, FOB Seller’s facility, or to refund the price paid to Seller therefore, provided in each case that Buyer gives Seller immediate written notice upon discovery of such non-conformity, specifying in reasonable detail the nature thereof. Seller shall have the option of requiring the return of the allegedly non-conforming product, freight prepaid, to verify the claim.
Repairs or alterations made without Seller’s written consent shall render all the of Seller’s product warranties void and of no effect. Buyer shall be solely responsible for all defects or damages attributable to Buyer or damage occurring to any product after delivery, including as a result of the use of such product with any other product not provided or approved by Seller.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, SELLER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT OF ANY PRODUCTS, SERVICES OR DOCUMENTATION, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, AND SELLER HEREBY DISCLAIMS SAME. ANY ADVICE REGARDING PRODUCT OR SERVICE SELECTION OR SUITABILITY FOR ANY APPLICATION IS PROVIDED SOLELY AS A CONVENIENCE TO BUYER, ON AN AS-IS BASIS AND WITHOUT ANY WARRANTY (EXPRESS OR IMPLIED).
Under no circumstances will Seller be liable, whether in contract, tort or otherwise (including based on negligence or strict liability), for any special, indirect, incidental, punitive or consequential damages of any kind. Without limiting any other provision hereof, Seller’s maximum liability for direct damages in respect of any products or services furnished to Buyer shall not exceed the actual price paid to Seller in respect thereof. Buyer covenants that its use of any products furnished hereunder will comply with all applicable laws and regulations, and with any applicable products specifications and documentation.
The rights and obligations of the parties in respect of this order shall be governed by and construed according to laws of New Jersey, USA, without regard to its principles of conflicts of laws, provided that the U.N.Convention on the International Sale of Goods shall not apply. All disputes arising out of this order will be brought solely in the state or federal courts having jurisdiction over the county in which Seller’s facility named in this Quotation is located, and Buyer consents to the personal jurisdiction of and laying of venue in any such court, and waives any objection based on lack of personal jurisdiction or forum non conveniens.
There will be a minimum 20% restocking fee assessed to all returns.