Terms & Conditions

Except as may otherwise be specified.

The prices and other charges herein are in U.S. Dollars. Payment shall be made to the seller in federal funds and at the Seller’s option either against invoice, or bills of lading, or shipping documents. It is understood that no contract order shall be deemed accepted until is verified and confirmed by Seller.

Seller shall not be responsible for any delay (whether material or not) in, or failure of, shipment or delivery due to any occurrence commonly known as force majeure, including (but not limited to any of the following: Loss or destruction of the material, failure of transportation facilities, interruption of, or delays in transportation, strikes, or controversies of any nature with employees (whether of Seller’s or others), interruption of or delays in, transportation of materials or supplies used.

Buyer has no right, title or interest in trademarks, brands, or copyrights in Seller’s products, and Buyer pledges that it will abstain from any action to register or otherwise interfere with such rights. Seller and Buyer are independent contractors. Buyer is not authorized to make any representations on behalf of Seller.

Buyer shall not claim Seller for consequential damages, including, without limitation, loss of profits, overhead costs, activities dependent upon delivery of the product(s), or claims of customers.

No amendment or modification of these terms and conditions or any specific contract subject to such terms and conditions shall be valid unless in writing signed by the Seller.

The terms and conditions hereof shall constitute the sole and exclusive agreement between Buyer and Seller. Unless otherwise specifically agreed to in writing by Seller’s duly authorized corporate officer, any terms and conditions contained in any form or document heretofore or hereafter supplied by Buyer to Seller which are in addition to or different from the terms and conditions contained herein shall not become part of the purchase order between Buyer and Seller.

Any controversy or claim arising out of, or relating to, these terms and conditions or any purchase order subject to them, or the breach thereof, shall be settled by arbitration in Texas in accordance with the Rules of The American Arbitration Association and judgement upon the reward rendered by the Arbitrator(s) may be entered in any Court having jurisdiction thereof. Seller may resort to the courts in aid of its possessory rights in collateral.

Any dealings between Buyer and Seller shall be governed by and construed in accordance with the laws of the State of Texas. The courts of Texas shall have jurisdiction to enter a judgement on the award of the Arbitrator(s).