TERMS OF SALE
THESE TERMS OF SALE GOVERN YOUR PURCHASE OF ANY PRODUCT
OFFERED BY AMERICAN TEX-CHEM CORPORATION. PLEASE READ THESE TERMS OF SALE CAREFULLY THEY
CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AS WELL AS
LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
BY PLACING AN ORDER WITH AMERICAN
TEX-CHEM CORPORATION, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED AND HAVE
AGREED TO BE BOUND BY THESE TERMS OF SALE,
WITHOUT LIMITATION OR QUALIFICATIONS. THESE TERMS OF SALE ARE SUBJECT TO MODIFICATION WITHOUT
PRIOR WRITTEN NOTICE AND AT ANY TIME AT AMERICAN TEX-CHEM CORPORATION'S
1. Products. American Tex-Chem Corporation may
discontinue the sale of any product at any time without notice. The product
prices displayed on this site or in a catalog do not include shipping and
handling or sales taxes. If and when applicable, these amounts will be added to your total invoice price.
2. Price Errors: Our goal is a 100% error-free site. We also strive to limit the number of errors in our printed catalogs. If price errors are discovered, they are promptly corrected on our systems, and the corrected price will apply to your order. We will attempt to notify you if your order includes items that were incorrectly priced. All prices are subject to change and we reserve the right to correct any errors.
3. Replacement Parts. The term "replacement"
is used for all items that are direct replacements for original equipment
manufacturers' products. The replacement parts are not made by the original
manufacturers, but are manufactured by other companies. The trademarks and/or
trade names of the original equipment manufacturers are used only to identify
the original name brand equipment.
4. Orders. Orders are not binding upon American
Tex-Chem Corporation until accepted. American Tex-Chem Corporation reserves the
right, without prior notification, to limit the order quantity on any item
and/or refuse service to any customer. Verification of information may be
required prior to the acceptance of any order.
5. Payment. American Tex-Chem Corporation
accepts Visa, MasterCard and American Express credit cards. Your credit account
will be charged before your order is shipped for delivery.
6. Sales Tax. You are responsible for the
payment of any state and local sales or use taxes that may apply to your order.
The sales tax is calculated based on the full invoice price, and may include
charges for shipping and handling if required by law.
7. Delivery. Currently, American Tex-Chem
Corporation can only ship your order to addresses within the United States Title and risk of
loss of the products pass to you upon delivery at your shipping address. If you
order by 5 p.m. local time,
your order will be delivered the next business day (Monday through Friday
delivery days) to most locations. Other orders will be delivered in a
reasonable time frame depending upon the location of the business. To find out
if you qualify for Next Day delivery, call us at1-800-650-3360. Customers who
do not qualify for Next Day delivery can always request Priority Overnight service
at an additional charge.
While American Tex-Chem
Corporation will make every reasonable effort to ship your orders within these
time frames, American Tex-Chem Corporation is not responsible or liable for any
delay in receiving or completing your order that is caused by an event beyond American
Tex-Chem Corporation's reasonable control. Such events may include, but are not
limited to, fire, flood, accident, strike, riot, civil commotion, act of God,
war or other hostilities, acts or omissions of carriers, transmitters,
telecommunications, Internet Service Providers or Internet backbone providers
or a failure, interruption or delay of the server or this site caused by an
event outside the direct control of American Tex-Chem Corporation, including
without limitation, power outages or attacks on this site such as by persons
known as "hackers."
8. Shipping Charges. Orders, irrespective of the
value, are generally subject to delivery charges. There is a $5 handling fee
for orders of less than $50. Minor add-ons to orders placed earlier the same
day may not be subject to a handling fee if the larger order has not been
shipped from our facility. However, please note that all items that are marked
"FOB Mill" are subject to additional delivery charges. Freight charges
for "FOB Mill" orders are quoted on request. Please call 1-800-650-3360
if you have any questions regarding shipping rates and charges.
9. WARRANTIES. ALL PRODUCTS ARE SOLD "AS
IS" AND AMERICAN TEX-CHEM CORPORATION DISCLAIMS ALL WARRANTIES OF ANY KIND
RELATING TO THE PRODUCTS OR USE THEREOF, EXPRESS OR IMPLIED, INCLUDING
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE OR FITNESS FOR A
PARTICULAR PURPOSE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN
IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
10. Return Policy. We realize there are occasions
when you will need to return an item to American Tex-Chem Corporation for a
refund. We accept product returns up to 5 days from the date of purchase,
unless the item is covered by a manufacturer's warranty, or special order
(including, without limitation, custom drapes, bedspreads, signs, mattresses,
phone face plates, floor-mats, coat racks), or deemed hazardous material.
Please call 1-800-650-3360 before returning any of the items. Freight charges
and/or restocking fee may apply for some returned items. If you have questions
on your return, please call us at 1-800-650-3360.
11. Mistaken and Damaged
Shipments. We will replace the order and refund any
applicable shipping costs if there is an error with your order. Please note any
obvious damage or shortage on the delivery confirmation at the time of delivery
and the claim should be made with American Tex-Chem Corp. within 24hours of the
receipt of the merchandise. To return any mistaken or damaged item, please call
us at 1-800-650-3360. For damaged orders, keep the original box and all
packaging materials for possible inspection by the carrier. Please make all
damage or shortage claims within 3 days of delivery.
12. Limitation of Liability. TO THE MAXIMUM EXTENT ALLOWED BY
LAW, AMERICAN TEX-CHEM CORPORATION SHALL NOT BE LIABLE FOR ANY SPECIAL,
CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES (INCLUDING LOST OR ANTICIPATED
REVENUES OR PROFITS RELATING TO THE SAME), ARISING FROM ANY CLAIM RELATING TO
THESE TERMS OF SALE, THIS SITE, ANY CATALOG(S), PRODUCT(S) OR ORDER(S), WHETHER
SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT
LIABILITY) OR OTHERWISE. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF AMERICAN
TEX-CHEM CORPORATION EXCEED THE AMOUNT YOU HAVE PAID TO AMERICAN TEX-CHEM
CORPORATION FOR THE APPLICABLE ORDER OR PRODUCT OUT OF WHICH LIABILITY AROSE.
THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE
OF ANY REMEDY. SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY
NOT APPLY TO YOU.
13. Severability. If any provision of these Terms
of Sale are held illegal, unenforceable or in conflict with any law by a court
of competent jurisdiction or arbitral tribunal, such provision shall be deemed
severed from these Terms of Sale and the validity of the remainder of these
Terms of Sale shall not be affected thereby.
14. Governing Law. These Terms of Sale shall be
governed by and construed in accordance with the laws of the State of California applicable to contracts made and to be
enforced wholly within California.
15. Arbitration. Any dispute or disagreement
arising out of these Terms of Sale, or breach thereof, may, at the option of American
Tex-Chem Corporation, be settled by arbitration administered by the American
Arbitration Association ("AAA") under its Commercial Arbitration
Rules, and judgment on the award rendered by the arbitrator(s) may be entered
in any court having jurisdiction thereof. Such arbitration shall be held in San Bernardino, California.
16. Jurisdiction and Venue. You and American Tex-Chem
Corporation (collectively the "Parties;" individually a
"Party") irrevocably agree that any legal action, suit or proceeding
brought by it in any way arising out of these Terms of Sale must be brought
solely and exclusively in the federal or state courts of the State of
California located in the City of San Bernardino, California, and irrevocably
accept and submit to the sole and exclusive jurisdiction of each of the
aforesaid courts in person, generally and unconditionally with respect to any
action, suit or proceeding brought by it or against it by the other Party.
17. Waivers and Amendments. The waiver by either Party of any
provision of these Terms of Sale on any occasion and upon any particular
circumstances shall not operate as a waiver of such provision of these Terms of
Sale on any other occasion or upon any other circumstances. These Terms of Sale
may be waived or amended only in writing signed by the Parties.