1. GENERAL: These terms and conditions of sale (this “Contract) apply to all quotations, purchase orders, acknowledgments and offers of products issued or received by John R. Hess & Company, Inc., dba 3DSolvents.Com, or an affiliate thereof, (the “Seller”) to or from the Buyer (“Buyer”). Seller’s acceptance of any Buyer purchase order is expressly conditioned on Buyer’s assent to this Contract. No terms or conditions set forth in Buyer’s Purchase Order, to which notice of objection is hereby given, or any future correspondence between Buyer and Seller, shall alter or supplement this Contract unless both parties have agreed in writing to modify this Contract. Neither Seller’s commencement of performance nor deliver of any products shall be deemed or construed as acceptance of Buyer’s additional or different terms and conditions. Seller reserves the right to reject any order or to cancel any order previously accepted if Seller determined that Buyer is in breach of any term or condition herein.
2. PAYMENT AND SALES TAX Customers must have an account to create an order on 3dsolvents.com. Seller accepts all major credit cards as payment method. Customers will receive an order confirmation email when Seller has received their order.
By submitting an order, you authorize Seller to place a temporary hold (authorization) on your payment method for the total estimated amount of your purchase, including applicable taxes and shipping charges.
Your payment method will be charged (captured) at the time your order is processed or shipped. The final charge amount may reflect adjustments for applicable sales tax, shipping, or other charges as required by law.
You will receive confirmation once your order has shipped and your payment has been processed.
If a payment authorization is declined or cannot be completed, your order may be delayed or canceled.
In the event of partial shipments, charges may be processed in multiple transactions corresponding to the items shipped.
3. DELIVERY; TITLE; RISK OF LOSS: Seller will take all reasonable steps to deliver the goods within any stated delivery period, but Seller accepts no responsibility for any failure to do so, and time is not of the essence. Title and risk of loss in all goods sold hereunder shall pass to Buyer upon Seller’s delivery to carrier at shipping point. Unless otherwise agreed in writing, Products are shipped using Seller’s standard packaging and shipping methods, for which fees may apply. Refer to our Shipping and Return Policy for additional information.
4. WARRANTIES; LIMITATION OF LIABILITY; REMEDIES; DAMAGES: Seller warrants to Buyer that (a) the Products are of the quality set forth in Seller’s published specifications, if any, or, as may be otherwise stated in writing in this Contract, and (b) the title conveyed is good and the Products are free from any security interest, lien or encumbrance (other than in favor of Seller for the unpaid balance of all amounts due Seller from Buyer with respect to the Products). Such warranties extend only to Buyer. EXCEPT AS EXPRESSLY SET FORTH IN THE FOREGOING SENTENCE, SELLER MAKES NO EXPRESS OR IMPLIED WARRANTY THAT THE PRODUCT(S) SOLD HEREUNDER IS NON-INFRINGING, IS OF MERCHANTABLE QUALITY, OR THAT THE PRODUCTS SHALL BE FIT FOR ANY PARTICULAR PURPOSE. THERE ARE NO OTHER WARRANTIES EXPRESSED OR IMPLIED BY OPERATION OF LAW OR OTHERWISE.
SELLER SHALL NOT BE LIABLE TO BUYER OR ANYONE ELSE FOR ANY SPECIAL, INDIRECT, ECONOMIC, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS, THIS CONTRACT OR ANY BREACH OF THIS CONTRACT INCLUDING, BUT NOT LIMITED TO, ANY LOSS OR DAMAGE RESULTING FROM THE USE OF THE PRODUCTS IN BUYER’S FACILITY. IF THE PRODUCTS DOES NOT CONFORM TO THE WARRANTIES SET FORTH IN THIS SECTION, OR IF BUYER MAKES ANY OTHER CLAIM OF ANY SORT WHATSOEVER, INCLUDING THE CLAIMS SET FORTH ABOVE, AGAINST SELLER, BUYER’S EXCLUSIVE REMEDY SHALL BE LIMITED TO REPLACEMENT OF THE PRODUCTS, OR, AT SELLER’S OPTION, REPAYMENT OF THE PURCHASE PRICE PAID BY BUYER.
Any Products supplied by Seller hereunder to replace Products shall be deemed supplied to Buyer subject to all of the terms and conditions of this Contract, including, without limitation, those concerning warranties, limitation of liability, remedies and damages, to the same extent as the Products. In the event Seller agrees to replace any Products or agrees to repay to Buyer the purchase price of any Products supplied by Seller to Buyer under this Contract pursuant to this portion of this Contract, Buyer agrees that it shall take reasonable steps, at Seller’s written request, to return to Seller the product for which replacement or repayment is sought.
SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY OR ADEQUACY OF INFORMATION FURNISHED TO BUYER CONCERNING THE PHYSICAL CHARACTERISTICS AND INGREDIENTS OF, AND PROTECTIVE MEASURES TO BE TAKEN REGARDING THE PRODUCTS. SELLER SHALL NOT BE LIABLE FOR ANY ERROR OR OMISSION IN THE PREPARATION OF SUCH INFORMATION. SELLER SHALL NOT BE LIABLE TO BUYER, BUYER’S EMPLOYEES OR ANYONE IN CONNECTION WITH THE ACCURACY, ADEQUACY OR FURNISHING OF SUCH INFORMATION.
See Shipping and Return Policy for additional details, which is incorporated herein by reference.
5. BUYER’S HANDLING AND USE OF PRODUCTS. Buyer assumes all risks and liability, and Seller assumes no risk and no liability, for loss or damage resulting from the transportation, unloading, storage, handling, use, and sale of the Products, and the compliance or noncompliance with all federal and local laws and regulations with respect thereto. Buyer acknowledges that Products are not tested for safety and efficacy in food, drug, medical device, or cosmetic use.
6. INDEMNITY. Buyer shall defend (including attorneys fees), indemnify and hold Seller harmless from and against all damages, causes of action, claims, liabilities, penalties, personal injuries (including death), environmental damages and tangible property damage caused by Buyer’s negligence, strict liability, breach of warranty, breach of this Contract, fault, omissions and willful or wanton conduct arising, without limitation, from the handling, transportation, blending, modification, processing, storage and use of the goods, products or services provided hereunder.
7. FORCE MAJEURE: Seller shall have no liability whatsoever to Buyer in respect of the failure to deliver any goods or perform any obligations, or delay in delivering or performing, under this Contract due to any cause outside of the control of Seller, including, but not limited to, causes arising from the acts or omissions of Buyer, acts of God, war, fire, strike, labor disputes, equipment breakdown, accidents, inability to obtain containers, raw materials or transportation, government acts or requirements, or other similar causes.
8. BUYER’S BREACH OF CONTRACT: If Buyer fails to perform any of the terms of this Contract, Seller may at its option defer shipments until the default is remedied and/or treat such default as a breach of the entire Contract.
9. FAIR LABOR STANDARDS ACT: Seller hereby represents that the goods sold hereunder were produced in compliance with the Fair Labor Standards Act of 1938, as amended.
10. GOVERNING LAW: This agreement and all its terms and conditions shall be subject to and construed in accordance with the laws of the State of Rhode Island.
11. NON-WAIVER: Seller’s waiver of any breach or failure to enforce any of the terms or conditions of this Contract at any time shall not in any way affect, limit or waive its right thereafter to enforce strict compliance with every term and condition hereof.
12. SEVERABILITY: If any provision of this Contract shall be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable the entire Contract. The entire Contract shall be construed as if not containing the particular invalid or unenforceable provision and the rights and obligations of each party shall be construed and enforced accordingly.