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RETURNS & WARRANTY

  1. WARRANTY: Seller warrants that the goods and services sold hereunder will conform to the description in the applicable order form, will be free of defects in material and workmanship, and will be of Seller’s standard quality. This warranty is expressly in lieu of any other warranties of whatever nature, express or implied, arising from operation of law, trade usage or course of dealing, including any warranty of merchant ability or fitness for a particular purpose, other than those warranties implied by and incapable of exclusion, restriction or modification under applicable law. Buyer’s remedy for Seller’s breach of this warranty shall be limited to, at Seller’s option, (i) replacing the products ordered; or (ii)returning the purchase price paid by the Buyer. In no event shall Seller be liable for incidental, special or consequential damages, including profits (or profits lost). Buyer assumes all risk and liability for all loss, damage or injury to person or property resulting from the use of said products in manufacturing processes or in combination with other substances or otherwise. Seller shall not be liable for any claims relating to or arising from the end use of the products. Claims for defects, damages, or shortages must be made by the Buyer in writing within a period of thirty (30) days after delivery of all or any part of the order. Failure to make such claim within the stated period shall constitute irrevocable acceptance and an admission that they fully comply with terms, conditions, and specifications.

  2. RETURNS AND CANCELLATIONS: Seller’s products are made to order. Accordingly, Seller does not permit non-warranty sales returns. In addition, should the Buyer cancel or suspend an order, or reduce a quantity related to any order, then any work already in progress will be delivered and invoiced in accordance with the earlier instruction of the Buyer. Buyer shall make the payment required by such invoice in accordance with these terms and conditions.

  3. BUYER MATERIALS: Buyer represents and warrants that any matter it furnishes for performance of services by Seller (i). does not infringe any copyright or trademark or other Intellectual Property Rights of any third party; (ii) is not libelous or obscene; (iii) does not invade any persons right to privacy; and (iv) does not otherwise violate any laws or infringe the rights of any third party. Buyer warrants that it has the right to use and to have Seller use on behalf of Buyer any data provided to Seller or its Affiliates by Buyer including specifically Buyer names, identifying information, addresses and other contact information and related personal information.