DISCLAIMER
(Sent to each customer for completion prior to shipment of the order) Click here to download a blank Disclaimer
Your purchase constitutes the acceptance of this disclaimer .
Kemstar Corp- Standard Disclaimer for all Sales Orders
This disclaimer binds to ALL merchandise sold to your company past, present and future by Kemstar Corporation
ATTENTION: THIS INVOICE IS SUBJECT TO THE FOLLOWING TERMS OF THIS DISCLAIMER
1. Buyer shall pay, in addition to the prices stated, the amount of any sales, use or other similar taxes with respect to the materials sold.
2. Seller’s records as to weights of materials shipped shall govern except in cases of proven error.
3. Seller shall not be liable to buyer for damages claimed resulting from delay in delivery of the merchandise after the date of delivery specified herein.
4. Force Majeure: No liability shall result from delay in performance or non performance, caused by circumstances beyond the control of the party affected. But not limited to Acts of God, fire, flood, war, Government actions, accident, labor trouble, shortage, inability to obtain material, equipment or transportation. Quantities so affected may be eliminated without liability but the order shall remain otherwise unaffected.
5. Buyers credit: If the financial responsibility of the Buyer becomes unsatisfactory to the Seller, or Buyer is in default to the Seller under this or any other contracts, an advance cash payment or satisfactory security shall be given by the Buyer to the Seller on the Sellers demand, and shipments may be withheld until such payment or security is received. Buyer shall make no deductions (including those for alleged damages) from payments due here under.
6. Any provisions contained in Buyer’s purchase orders which are not consistent with these terms and conditions are not accepted by the Seller.
7. Orders shall not be deemed accepted by the Seller until received and acceptance is acknowledged by the Seller.
8. Seller shall not be liable to Buyer for damages to persons or property resulting from the use of said goods in testing processes, manufacturing processes , material defect, material failure or in combination with other substance or otherwise.
9. Buyer shall inspect the material for shortages and visible defects and shall note them on the carrier’s receipts. Within ten days after each shipment reaches the destination designated by the Buyer, Buyer shall further inspect the material and promptly notify the Seller in writing of any other defects. Failure to do so, shall waive all claims and defenses against the Seller based on shortages or other defects.
10. Modifications: The terms and conditions hereof constitute the entire contract for this material. No modifications, waiver, limitation or discharge of this contract or any of its terms shall bind Seller unless in writing and signed by a duly authorized official of the Seller at its headquarters.
11. Buyer shall accept the products “as is”; Seller makes no warrants of merchantability or fitness for a particular purpose, or any other express or implied warranty for materials sold to Buyer.
12. No liability shall result from non-delivery or nonperformance or variation in weight.
13. Seller accepts no liability for damage to the Purchaser’s equipment, to its employees or to anything or person whatsoever.
14. Buyer understands that the materials sold by the Seller are “as is”, and Buyer shall indemnify, defend and hold Seller harmless from any and all losses, damages, injuries, claims, suits, penalties, taxes, costs, expenses and ALL other liabilities whatsoever, whether direct or indirect, rising out of or relating to Buyer’s transportation, use, control, ownership, sale, or transfer of the goods and materials sold by the Seller to the Buyer.
Seller Does NOT Certify or Warranty Materials Unless Stated Otherwise . Certifications Are NOT Provided.
All Material Is Subject To Buyer’s Own Inspection, Testing and Approval Prior To Use and or Resale.
Accepted By (Print):
_________________________________Title:_________________________________
Signature: __________________________________________ Date: ____ /____ /____
Kemstar Corporation©: 3456 Wade Street, Los Angeles, CA 90066 USA
(310) 396-8528 (310) 396-8431FAX
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