Terms & Conditions of Products Sale
BioFuran Materials LLC, herein the Seller, is engaged in the business of manufacturing and supply of short chain alkanoate (SCA) chemicals to its customers. By using BioFuran Materials’ products, you (the “Customer” or “Buyer”) agree to be bound by the following terms and conditions which together with any purchase order executed by BioFuran Materials and the Buyer, comprises the entire agreement (“Agreement”) between BioFuran Materials and the Buyer.
All prices quoted or published by BioFuran Materials may be changed at any time without notice. The quoted or published are valid for ninety (90) days, unless otherwise stated in writing. All prices are subject to adjustment on account of specifications, product volumes, raw materials, cost of production, shipment arrangements or other terms or conditions which are not part of Seller’s original price quotation.
Product specifications are subject to change without prior notice.
BioFuran Materials may invoice the Buyer upon shipment for the price and all other charges payable by Buyer in accordance with the terms herein. If no payment terms are stated on the face hereof, payment shall be net thirty (30) days from the date of invoice. If the Buyer fails to pay any amounts when due, the Buyer shall pay the Seller interest thereon at a periodic rate of one and three percent (3%) per month (or the highest rate permitted by law), together with all costs and expenses (including without limitation reasonable attorneys’ fees and costs) incurred by BioFuran Materials in collecting such overdue amounts or otherwise enforcing BioFuran Materials rights hereunder. BioFuran Materials reserves the right to require from the Buyer full or partial payment in advance if BioFuran Materials believes in good faith that the Buyer’s financial condition does not justify the terms of payment specified. All payments shall be made in U.S. Dollars.
Taxes and Other Charges
BioFuran Materials’ Selling prices for the products exclude all sales and other taxes imposed with respect to the sale. All general or special taxes, or penalties or other governmental charges fixed or imposed by any lawful authority upon the production, sale, shipment or delivery of the services or goods or upon the material from which they are produced and thereafter becoming effective within the life of this contract, shall be added to the price and paid by Buyer. The Buyer is responsible for payment of all applicable state and local taxes.
Product Return Policy
The Buyer must inspect their BioFuran Materials shipment upon receipt. If any external damage is noticed, accept the shipment only after the driver has noted the damage on both his and your copies of the delivery receipt and you have requested an inspection by the carrier. Keep all containers and packing material for inspection. BioFuran Materials reserves the right to repair a damaged product, where applicable, before replacement or credit is determined.
Limitation of Liability
Notwithstanding anything to the contrary contained herein, the liability of BioFuran Materials under these terms and conditions shall not exceed an amount equal to the total purchase price theretofore paid by the Buyer to the Seller with respect to the Product(s) giving rise to such liability. Notwithstanding anything to the contrary contained herein, in no event shall the Seller be liable for any indirect, special, consequential or incidental damages (including without limitation damages for loss of use of facilities or equipment, loss of revenue or loss of profits), regardless of whether Seller (a) has been informed of the possibility of such damages or (b) is negligent.
The Buyer agrees that all pricing, discounts and technical information that Seller provides to Buyer are the confidential and proprietary information of the Seller. The Buyer agrees to
- keep such information confidential and not disclose such information to any third party, and
- use such information solely for the Buyer’s internal purposes and in connection with the Products supplied hereunder.
Nothing herein shall restrict the use of information available to the general public. The Buyer shall inform its employees, agents, and representatives of these obligations and shall require them to assume equivalent obligations.
The Buyer agrees that the trademarks or brands under which the Products are delivered may not be reproduced or used for any products derived from them or used in any other way except with the prior written consent of the Seller. The Seller has not knowingly infringed any intellectual property rights of any third party but does not warrant or give any assurance to the Buyer that any intellectual property in or relating to the Products does not infringe the intellectual property rights of any third party.
The Products will be shipped to the destination specified by the Buyer. Shipping and handling fees, special packaging materials (e.g., blue ice), carrier surcharges and hazardous material fees imposed by government regulation will be added separately to the invoice. The Seller reserves the right to stop delivery of Products in transit and to withhold shipments in whole or in part if Buyer fails to make any payment to the Seller when due or otherwise fails to perform its obligations hereunder. All shipping and delivery dates are approximate only, and the Seller will not be liable for any loss or damage resulting from any delay in delivery or failure to deliver which is due to any cause beyond the Seller’s reasonable control. In the event of a delay due to any cause beyond the Seller’s reasonable control, the Seller reserves the right to terminate the order or to reschedule the shipment within a reasonable period of time, and the Buyer will not be entitled to refuse delivery or otherwise be relieved of any obligations as the result of such delay. Orders in process may be canceled only with the Seller’s written consent and upon payment of the Seller’s cancellation charges, where applicable. Orders in process may not be changed except with the Seller’s written consent and upon agreement by the parties as to an appropriate adjustment in the purchase price therefore.
BioFuran Materials does not store credit card information, nor do we share customer details with any 3rd parties. All payments are processed through secure payment gateways provided by SQUARE, INC.