The following terms and conditions constitute the entire agreement for the purchase and sale of products from Chemical Feed Safety Supply to the Buyer, except as modified in writing and signed by authorized representatives of both parties. These terms and conditions supersede any and all previous communications, representations or agreements, either oral or written, between the parties with respect to the subject matter and take precedence over any Buyer’s terms and conditions of purchase contained in any associated purchase order.
Chemical Feed Safety Supply reserves the right, at its sole discretion, to change, modify, add or remove portions of these terms and conditions, at any time. It is your responsibility to check these terms and conditions periodically for changes. By using the site, you acknowledge that you have read the agreement, understand it and agree to be bound by its Terms and Conditions.
Title, Risk of Loss, Shipment & Delivery
Unless otherwise agreed to by Chemical Feed Safety Supply, title to and risk of loss or damage to all goods sold by Seller passes to Buyer upon their delivery to an agent of the Buyer, including a common carrier. All orders will be shipped F.O.B. shipping point and all destination, shipping, and other charges shall be paid by the Buyer. Where Buyer requires shipment other than as specified, Buyer will be responsible for any additional costs. As economic circumstances dictate, a fuel surcharge may be assessed in addition to the freight and handling on all orders. Buyer will not hold Seller liable for any loss or damage attributed to negligence either in selecting the carrier or the warehouse or in agreeing with either of them to contract terms on Buyer’s behalf.
Delivery dates given in the acceptance of any order are approximate. Chemical Feed Safety Supply shall not be liable for delays in delivery due to causes beyond its reasonable control, including acts of God, acts of Buyer, acts of civil or military authority, fires, strikes, or other labor disturbances, war, riot, or delays in transportation. In the event of such delay, the date of delivery shall be extended for a period equal to the time lost by reason of the delay.
All claims and damages must be reported to us within ten (10) days after receipt of merchandise. If goods are damaged in transit or shortages received, notification should be made directly with the carrier.
All prices shown in the Price List, order acknowledgement, or otherwise quoted are in U.S. Dollars unless otherwise specified by Seller. Prices are subject to change without prior notification. All written quotations are valid for thirty (30) days from the date of quotation. Prices shown in any published literature are maintained as a general source of information only and are not quotations or offers to sell.
Payment terms are net thirty (30) days from date of the invoice from Chemical Feed Safety Supply. Buyer agrees to pay a late payment charge of two and one-half percent (2.5% per month, or the maximum late payment charge permitted by applicable law, whichever is less, on any unpaid amount for each calendar month (or fraction thereof) that such payment is in default. In the event of referral to an attorney for collection, reasonable attorney’s fees for collection of the overdue amount shall be paid by the Buyer. In the event payment is not received within 30 days from the date of invoice, any discount shall be cancelled and the full list price will be due.
Returns & Exchanges
Product returned for credit or exchange will be accepted only under the following conditions:
Returns: Product can be returned for full credit, if
- Product is unopened and unused.
- Product is returned within 30 days of the date of invoice.
All returns shall be shipped freight prepaid.
Exchanges: Product thought to be defective, may be returned for an exchange, if returned within 30 days of the date of invoice, and requires an RMA form for the exchange. Any exchanges without an RMA form will not be accepted. Please call Chemical Feed Safety Supply directly by calling 303-565-6747 to obtain the RMA form. All exchanges shall be shipped freight prepaid. If Chemical Feed Safety Supply determines the product to be defective, the Buyer’s account will be credited, including the appropriate freight charges.
All applicable federal, state, or local sales, use, occupational, or excise taxes are the responsibility of the Buyer and shall be in addition to the price or prices stated. Chemical Feed Safety Supply shall have the right to invoice separately any such tax, as may be imposed, at a later date. Applicable tax exemption certificates must accompany any order to which the same applies.
Limitations and Liability
All goods returned to and accepted by Chemical Feed Safety Supply as defective or incorrect, shall be replaced or credited in full. No claim made hereunder by the Buyer, whether as to goods delivered or for non-delivery, shall be greater than the purchase price of the goods in respect of which such claim is made. No action arising out of any claimed breach of this agreement may be brought by either party more than two (2) years after the cause of action has accrued. CHEMICAL FEED SAFETY SUPPLY MAKES NO WARRANTY OF FITNESS FOR PARTICULAR PURPOSE OR OF MERCHANTABILITY AND MAKES NO OTHER WARRANTY, ORAL OR WRITTEN, EXPRESSED OR IMPLIED, EXCEPT AS SPECIFICALLY SET FORTH HEREIN. IN NO EVENT, SHALL CHEMICAL FEED SAFETY SUPPLY BE LIABLE FOR LOSS OF PROFITS, INDIRECT, SPECIAL, CONSEQUENTIAL, OR OTHER SIMILAR DAMAGES ARISING OUT OF ANY BREACH OF THIS AGREEMENT OR OBLIGATIONS UNDER THE AGREEMENT. CHEMICAL FEED SAFETY SUPPLY SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY MIS-APPLICATION OF PRODUCTS, DELAY IN SHIPMENT, INSTALLATION OF PRODUCTS, OR FURNISHING OF EQUIPMENT UNDER THIS AGREEMENT.
Any and all costs resulting from, or incurred in connection with the collection of any monies due from the Buyer, including all court costs, appellate court costs and reasonable attorney’s fees will be the responsibility of the Buyer.