Application

1. Unless otherwise agreed by an authorized company and Gravity Chemicals in writing, these Terms and Conditions shall apply to the companies who have signed an authorized agreement with Gravity Chemicals. In case of conflict between the Authorized Agreement and these Terms and Conditions, the Authorized company Agreement shall prevail.
2. These Terms and Conditions shall apply to all business transactions between Gravity Chemicals and the company regardless of whether they are referenced in future purchase orders or order acknowledgements. Contrary, additional or differing terms and conditions of the company shall not apply unless agreed to in writing by Gravity Chemicals. These Terms and Conditions apply even in the event that Gravity Chemicals makes a delivery to the company without reservations while being aware of the company’s conflicting or deviating terms and conditions.
3. Amendments and additions to the Agreement, including to this provision, shall be made in writing.
4. Rights accorded to the parties by applicable statutory provisions beyond the scope of these Terms and Conditions shall remain unaffected.

Product Offering and Modification

Gravity Chemicals has the right, from time to time, to add, modify or discontinue any product offering

Orders

Orders must be sent by email direct to the email id. Do not send faxes or send orders by regular mail.

Orders must include the following information:

• Complete reference numbers. If not, please provide us with a full description
  of the product (with the quality required) and the capacity of the packaging.
• Quantity required
• Your order number
• Delivery and invoice address
• Forwarding agent

If the order is received with an expired offer, a new price will be quoted by your account manager. The purchaser is solely responsible for the use of the product requested and for ensuring when ordering that the product is suitable for its needs. Acceptance of the order will be in writing by an order confirmation.

Supply

Delivery dates and deadlines previously reported will always be guidelines and any delivery is subject to stock availability.

Our aim is to supply the best quality and deliver the goods as soon as possible, although unforeseeable circumstances may delay delivery of the goods. Difficulties with transport, irregularities in the production procedure and delays in the supply of raw materials are examples of these circumstances that can extend the delivery of the goods.

If it is not possible to supply the whole order to our customers due to the above circumstances, we are released from the obligation to supply the goods concerned.

Product

The products are considered accepted by the purchaser and consistent in quality and quantity except when in the period of thirty days from receipt, the purchaser sends written claim indicating non-acceptance of the product. In the event of a non-acceptance due to quality, Gravity Chemicals will verify batch analysis with an archived counter sample and will send a written technical
report to the purchaser. If the non-acceptance is agreed, the product will be exchanged. If differences exist between the parties, both agree to refer the matter to the competent official body chosen by Gravity Chemicals. This body will perform an alternative analysis and will mediate between the parties. The resolution will be binding and of mandatory compliance.

The containers and packaging used by Gravity Chemicals are suitable for the products supplied. They include the corresponding approval when containing hazardous goods.

Prices and Payment

1. Unless otherwise agreed in writing, the price of delivery shall be paid within thirty (30) days from the date of invoice without any deduction. This also applies to invoices regarding partial deliveries. In case of delay in payment the purchaser shall pay interest in default. The right to assert further damages remains unaffected.
2. The Purchaser is only entitled to set off counterclaims if they are final, outstanding and non-appealable.
3. Gravity Chemicals is entitled to deliver against payment in advance before delivering products to the purchaser.
4. All prices are net prices excluding statutory value added tax.
5. All consumer, sales or indirect taxes, customs, examination and
   acceptance fees and all other taxes, fees or charges of any kind whatsoever which are imposed by public authorities or allocated to the business transaction between Gravity Chemicals and the Purchaser shall be paid by the Purchaser in addition to the prices indicated on the order acknowledgment or invoice. Gravity Chemicals is not obliged to notify the Purchaser of potential taxes, fees or charges that may arise.

Returns, cancelations and modifications

1. Returns

Return of goods will not be accepted unless you have our written consent. Returning goods is only possible in exceptional cases: the products must be in perfect condition, should not have been mishandled and must be in their original packaging so they can be resold. In such cases we will accept the return but we will have to charge a handling fee. You will have to pay for the cost of shipping these products to our warehouse. Goods returned without advance notice will be shipped back to the sender at their own risk. Empty containers and packaging are not subject to return.

2. Damaged and/or Defected Good

Upon the carrier’s delivery of Products to Buyer, Buyer shall immediately inspect the Products for damage and missing quantity while the carrier is still present. If Buyer discovers any damaged or missing Product, Buyer shall require the carrier to i) make a notation of Buyer’s discovery on the bill of lading, and ii) sign the bill of lading, indicating the time & date. Buyer shall obtain from the carrier a copy of the signed bill of lading that denotes Buyer’s discovery of damaged or missing Product. If Buyer has (or intends to make) a claim against the carrier, Buyer shall notify Seller of the claim immediately, and in any event no later than 10 days after the date of the carrier’s delivery of the Product to Buyer. Buyer’s notice to Seller shall include a copy of the signed bill of lading that denotes the damaged or missing Product.

3. Cancellations

No cancellations of orders are accepted once the goods have been dispatched. If you want to cancel an order for products already ordered, we will charge a handling fee.

4. Modifications

If you ask for modifications (which must be done in writing), such as a product in a certain type of packaging which you want to change to another type, we will charge you a handling fee.

Patents and Copyrights

The Purchaser agrees that it will not, directly or indirectly, apply for, take out, maintain, or otherwise acquire any patents, utility models,
registered designs or copyrights (or any similar intellectual property rights capable of registration) in any country, on the basis of confidential information obtained by the Purchaser from Gravity Chemicals (or any of Gravity Chemical’s affiliates).

Technical Assistance

At the Purchaser ’s request, Gravity Chemicals may, at its discretion, furnish technical assistance and information with respect to possible
applications and technical specifications of its product free of cost unless fees have been agreed in the individual case. By providing advice and information Gravity Chemicals does not assume any warranty, express or implied, for technical specifications, use, selection or suitability of the products. In particular, Gravity Chemicals does not assume any warranty that certain chemical reactions which have been presented are feasible.