ACCEPTANCE. Quotations are valid for 15 days from the date of quotation. All purchase orders for products are subject to Enviroseal LLC acceptance at Fort Pierce, FL, U.S.A.
PRICES. Prices quoted are exclusive of all excise and similar taxes, including, without limitation, taxes on manufacture, sales, receipts, and all costs of transportation, packaging, insurance and other costs, including export and import duties, and associated fees if applicable. All such taxes and costs will be paid directly by Buyer.
RETURN POLICY. All returns of unopened material must be made within 15 days of receipt of order and are subject to a 25% restocking fee. Return shipping charges are the responsibility of the purchaser. Contact Enviroseal in advance to obtain an RA (Return Authorization) number and upon receipt of the authorized returned items, a refund will be issued with a company check sent by US Mail (USPS). Non-Returnable Items Include all soil stabilizers and LAS-320 Concentrate. Wholesale volume of any product packaged in drums or totes are non-returnable.
LABELING. All packaging will be Labeled in accordance with product manufacturers practices and procedures, and in compliance with all applicable governmental regulations.
SHIPMENT & RISK. All orders are freight and insurance prepaid by Buyer (CIF), Free Carrier Manufacturers Factory, or designated outlets. Method and route of shipment are at Enviroseal LLC’s discretion unless Buyer supplies explicit instructions for Ex Works (EXW). All shipments are incurred at Buyer’s expense and made at the Buyer’s risk. Identification of the products to the contract shall occur, and title shall pass, upon receipt of the shipment by carrier.
DELAYS. Seller will not be liable for any delay in the performance in the delivery or shipment of products, or for any damages suffered by Buyer by reason of such delay, when such delay is directly or indirectly caused by, or in any manner arises from, fires, floods, accidents, riots, acts of God, war or insurrection, governmental interference or embargoes (whether by regulations, priorities, rationing or otherwise), strikes, labor difficulties, shortages of labor, fuel, power, internet failure, materials or supplies, transportation delays or any other cause (whether or not similar to any of the foregoing) beyond Enviroseal LLC control.
TERMS OF PAYMENT. Terms of payment are via bank wire, Credit Card, or as agreed to in advance. All payments shall be made in U.S. dollars. Credit card payments in excess of $500 will be charged a 3% processing fee.
LIMITED WARRANTY. SELLER GIVES NO WARRANTY AS TO MERCHANTABILITY OR AS TO FITNESS FOR ANY PURPOSE. The sole and exclusive warranty provided herein is that the products sold are warranted to be free from defects in material or workmanship as established by manufacturer’s standards of acceptable quality. This express warranty is in lieu of all other warranties, express or implied.
LIMITATION OF LIABILITY. Under no circumstances shall Enviroseal LLC be liable to buyer or any other person for any incidental, consequential or special damages, losses or expenses arising from performance or in connection with the use of, or inability to use the products for any purpose whatsoever or for injury to person or damage to or loss of property or value caused by any of the products. The Buyer shall indemnify and hold Seller harmless from and against all loss, cost, damage or liability arising from the transport, use, storage and disposal of any of the products.
CANCELLATION. Orders accepted by Seller are not subject to cancellation by Buyer except with Enviroseal LLC written consent and upon terms which compensate Enviroseal LLC for any loss or damage arising out of said cancellation. Cancellation requests must be submitted in writing. All cancellations are subject to a 25% cancellation fee from the Buyer.
MODIFICATION. Modifications, additions, cancellations or suspensions of any order resulting from this quotation shall not be effective or binding upon Enviroseal LLC unless evidenced in writing on the face of the order or in a separate writing, signed by an authorized manager of both the Buyer and Enviroseal LLC expressly stating the terms modified and the nature of the modification.
GOVERNING LAW. Any contract resulting from this quotation and obligations of the parties hereto, shall be construed in accordance with and all disputes governed by the laws of the State of Florida, U.S.A. Buyer consents to jurisdiction and venue lying in the Superior Court of Florida in the event that litigation is commenced to address any dispute arising from this order.