Terms of Sales
Ereztech General Terms and Conditions of Sale
All orders or purchases of products (each a “Product”) from Ereztech LLC are subject to the General Terms and Conditions detailed herein (the “Terms”). Herein “Ereztech”, “Seller”, “we”, “us” and “ours” means Ereztech LLC while “Customer”, “Buyer”, “you” and “yours” means the legal entity that orders or purchases Products from us. Shipment of our products will be subject to these Terms and our offer to sell the Products is expressly conditioned upon your acceptance of the Terms unless agreed in writing by us and you. Terms and conditions deviating from these Terms shall only apply if they have been expressly confirmed by us in writing.
Acceptance. We only sell our Products to the legal entities; no individual shall be able to purchase our Products from us. Every order shall not be binding on us unless and until accepted in writing. We reserve the right to reject any order for any reason. Once you submit an order it may not be changed or cancelled by you without our confirmation in writing.
Liability. In no event shall our aggregate liabilities to you ensuing out of or relating to any transaction between us exceed the purchase price paid by Buyer to Seller for the Products at issue. Ereztech shall not be liable for loss of actual or anticipate profit, loss of research or development, loss of use or indirect, incidental, or consequential damages.
Our technical advice with applications or references to the use of the Products shall be non-committal and such advice shall be accepted at your sole risk. Any product application shall be made on the exclusive responsibility of the Buyer.
Usage. The products sold are solely for research and development use or for manufacturing use in compliance with EPA regulations unless stated on Product labels, web-based or printed catalog are not to be used for any other purposes. You accept that the Products may not be on the Toxic Substance Control Act (TSCA) inventory. You should notify us in writing if our Products are intended for use in commercial purposes as defined in TSCA so that status can be determined.
Handling. You assume full responsibility for safe handling, application and utilization of the products by properly trained persons who are familiar with appropriate procedures and the potential hazards in handling the Products. You also assume all responsibility to learn and understand the risks associated with any of the Products and for instructing your employees, agents, customers and any other persons who might reasonably be expected to be exposed to the Products.
Shipment. Shipment dates are based upon our best judgment and are subject to production limitations, factory schedules, involved air and ocean carriers, and hence are not guaranteed. All sales, unless specified in writing, are FCA Seller shipping point (Incoterms 2010). Unless you specify mode of shipment, we will determine the method of shipment and choice of carrier. We reserve the right to make partial shipments unless otherwise requested.
Upon your reception of Products you shall immediately inspect the purchased goods and during seven days notify us in writing of any claims for shortages, defects or damages. Shortages with less than 1% of the net measure will not be allowed.
Prices. All prices are in US dollars and are subject to change without notice. In addition to the quoted price, it is your responsibility to pay all duties, customs/import fees, sales, use and any other taxes, fees or charges of any nature applicable to your purchase of Products. Orders confirmed for delivery within sixty days will be invoiced at the prices stated at the time of acceptance of the orders. All future orders or part of orders shipped after sixty days of the order acceptance are invoiced on the prices at the day of shipment. In such cases we will notify you before making any shipment and you shall have the right to cancel the rest of the order.
Payments. The terms of all invoices are net 30 days from the invoice date. Past due balances are subject to 1.5% service charge per month (18% per year). If your payment history or any other risk-affecting condition makes us feel insecure to sell you on credit, we may, without notice cancel an order, change the payment terms or insist upon pre-payment of any order prior to shipment. You also agree to pay all cost associated with collection with expense of collection (including but not limited to attorney or agencies) resulting from any default by yours.
Warranty and Cancelation. We guarantee the quality of our products to be equal to or greater than the purity labeled on each container. If any discrepancy is discovered, please contact our customer service department within 30 days of material receipt. No claim shall be allowed for the products that have been treated or processed. No materials shall be returned for credit without our written contest.
Disputes. Any dispute concerning these Terms and Conditions of Sale, including as to the legality, interpretation or application shall be governed by the laws of the Commonwealth of Georgia, without regard to its principles of conflicts of laws. You agree that any disputes that concern the Products and/or these Terms and Conditions of Sale shall be brought in the state courts of the Commonwealth of Georgia.