Conditions of Sale
THESE GENERAL CONDITIONS FOR CONTRACT FOR SALE OF GOODS constitute (the “Contract”) between 360Resins, LLC, OF U.S.A. a
Florida corporation of Brevard County with its principal place of business located at the address below 360Resins, LLC and the buyer (“Buyer”). The
terms hereinafter written shall supersede the terms of Buyer’s order in the event of contradiction of inconsistency herewith. No understanding, agreement, term, condition, or trade custom at variance with or contradictory, to the terms and conditions herein set forth be binding on 360Resins, LLC.
Title to all material sold hereunder shall pass to Buyer upon 360Resins, LLC’s delivery or Buyer’s collection as agreed.
PRICE AND TERMS OF PAYMENT. Buyer shall pay 360Resins, LLC the purchase price as agreed upon, which payment must be received by
360Resins, LLC within the terms of agreement. In addition, any payment not made within terms of the agreement date shall be grounds for a finance or
delinquency charge at the highest rate allowed by law (no less than 2.1% per month), and reasonable attorneys’ fees and other collection costs incurred in
enforcing these General Conditions for Contract of Sale of Goods. Where the price specified herein provides for absorption by 360Resins, LLC of freight
charges, 360Resins, LLC shall have the right to select the means of transportation. However, if Buyer requires a means of transportation other than one normally selected by 360Resins, LLC, any extra cost incurred by using such other means shall be paid by Buyer. Carrier weight at point of shipment shall govern in event of disagreement between Seller and Buyer regarding same.
All orders require a purchase order with purchase order number, and this purchase order shall stand as the contract of sale, and these Conditions of Sale
shall constitute material terms of such contract of sale. In the event that Buyer cancels an order for material not customarily carried in stock by
360Resins, LLC, Buyer shall pay Seller as liquidated damages the 360Resins, LLC’s published price for completed material and an equitable price as
determined by 360Resins, LLC based upon the degree of processing for material in process at the time of cancellation.
Where the buyer approves samples and places a purchase order with the required deposit, if after 360Resins, LLC has received the deposit, the buyer
cancels the purchase order in writing, and the buyer will not be eligible for a refund. At the sole discretion of 360Resins, LLC, the Buyer can receive
alternative material in stock at the time of cancellation or apply the deposit to other materials.
EXCLUSION OF EXPRESS AND IMPLIED WARRANTIES. 360Resins, LLC supply recycled and scrap materials without warranty expressed or
implied and is sold as is unless otherwise agreed. 360Resins, LLC will warrant only that prime materials to comply with the agreed upon specifications, if
any. The warranty extended by the forgoing sentence is in lieu of all other warranties either express or implied, including the implied warranty of the
merchant ability or fitness for a particular purpose. Any recommendations for the use of the material are based on tests or experience believed to be
reliable.However, since the final processing and use of the product are beyond the 360Resins, LLC or implied, including the implied warranty of merchantability or fitness for a particular purpose, as to such or effects incident to such use, handling or purchase, either in accordance with the directions or claimed to be. 360Resins, LLC’s liability with respect to material sold shall be limited to the replacing of material failing to meet the agreed upon specifications, if any, or, at its option, 360Resins, LLC may grant credit of the 360Resins, LLC’s price therefor.
In no case shall 360Resins, LLC be liable for special or consequential damages whether based on contact or tort. At no time will
360Resins, LLC liability exceed the amount invoiced on the subject purchase order for the nonconforming goods. No credit for incidental or
consequential damages will be issued by 360Resins, LLC.
In the event Buyer fails to fulfill previous terms of payment or in case 360Resins, LLC shall have any doubt at any time as to Buyer’s financial
responsibility, 360Resins, LLC may decline to make further deliveries except upon receipt of cash or other special arrangements. It is hereby understood
and agreed that in the event of nonpayment of the account, 360Resins, LLC may refer the matter of the collection of said account to any person or
collection agency, or to the collection department of 360Resins, LLC for collection, and if the account be so, referred Buyer shall pay to 360Resins, LLC
any and all attorney’s fees and/or reasonable collection and service charges, in addition to the full amount of the original invoice, including any and all
interest charges accrued.
RIGHT OF INSPECTION AND NOTIFICATION OF NONCONFORMING GOODS. Any discrepancies or problems with materials, packaging,
weights or other physical factors having to do with materials must be brought to 360Resins, LLC’S attention in writing within 5 calendar days from
delivery of material or transfer of title of material in the public warehouse. Buyer’s failure to give notice in writing to 360Resins, LLC within 5 calendar
days from Buyer’s receipt of goods shall constitute and to an absolute and unconditional acceptance of such materials and wavier by Buyer of claims
with respect thereto. Buyer’s written notice shall specify in reasonable detail the reason for rejection. Any 360Resins, LLC authorized return of material
that is not for the reasons stated above will incur a restocking fee of 20%, plus the freight charges for the original delivery and return.
CERTIFICATIONS: All certifications, either from 360Resins, LLC or manufacturer, will be supplied as faxed, emailed with PDF copies of the original
certification where appropriate.
ENTIRE AGREEMENT AND INTERPRETATION. These General Conditions for the Sale of Goods constitute the entire agreement and
understanding between the parties, and no representations, inducements, promises or agreements not embodied herein shall be of any force of effect.
These Conditions shall not be supplemented, modified, or amended, except by a writing signed by 360Resins, LLC and Buyer. If any term in this
Contract, or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Contract, or the
application of such terms to persons or circumstances other than those to which it is invalid or unenforceable, shall not be affected thereby, and each term
and provision hereof shall be valid and be enforced to the fullest extent permitted by law. This Agreement, and all matters arising out of or relating to this
Agreement, shall be governed by the laws of the State of Florida (exclusive of conflict of laws principles), and shall be deemed to be executed in Florida.
WAIVER. Except as otherwise state in these Conditions of Sale, failure by either party to enforce any provision of this Contract, or any of its rights or to
exercise any election herein provided, shall not be considered a waiver of such provision or election or in any way affect the validity of this Contract. The
exercise by either party of any of its rights or any of its elections shall not preclude such party from exercising the same or any other right it may have
under this Contract.
Any suit (a) involving any dispute or matter arising under this Agreement, (b) relating to any relationship created by this Agreement, or (c) pertaining to
the relationship of the parties hereto may only be brought in a state or federal court located in the State of Florida. Buyer hereby irrevocably consents to
the exercise of personal jurisdiction by any such court with respect to any such proceeding and waives any objection to venue in any such court.
COUNTERPARTS. This Contract may be executed in any number of counterparts, each of which, when executed and delivered (including delivery by
facsimile), shall be deemed and original, and all of which counterparts of this contract, taken together will be deemed to be but one and the same.