Terms and Conditions
Oakwood Chemical doing business as Oakwood Products
Our website is for the use of our customers or prospective customers. Downloading information using automated devices is strictly forbidden.
Please order by catalog number and chemical name.
Orders may be placed via phone, fax, or email.
Toll Free: 800-467-3386
Email: Contact Us
We accept payment with VISA, Master Card, and American Express.
TERMS AND PRICES
Terms are Net 30 Days. Prices are F.O.B. Estill, South Carolina and are subject to change without notice. Freight charges and insurance are for the customer's account. Shipping to
residential or PO boxes is forbidden.
Hazard shipping charges do not apply for packages that do not require a "Shipper's Declaration for Dangerous Goods" form*
Do to the unique nature of the products we ship, sometimes we are unable to ship via the customers requested method. Oakwood strives to provide our customers with the lowest shipping rates possible.
DOMESTIC: Oakwood uses all major carriers including Federal Express and United Parcel Service.
EXPORT: Air freight (Fed Ex) will be used. Please advise if this is not satisfactory. Oakwood's products are subject to US export laws, regulations and international agreements. Users of Oakwood's website are responsible for abiding by all import/export regulations.
No change by Purchaser of any term or condition of this contract or any of Seller's rights or remedies hereunder shall be binding on Seller, nor shall the order hereby acknowledged be changed or canceled by Purchaser unless approved in writing by Oakwood Products, Inc. There are no representations, agreements, promises, or understandings between Purchaser and Seller that are not expressed herein.
CLAIMS for LOST or DAMAGED SHIPMENTS
Please inspect all packages immediately upon receipt and report any damage, shortage or defect to our Customer Service Department as soon as possible. CLAIMS FOR THESE DISCREPANCIES MUST BE MADE WITHIN 30 DAYS OF YOUR RECEIVING THE MATERIALS. All products are sold FOB seller's shipping point unless otherwise noted. Delivery of goods to the carrier at seller's plant or to other loading point, shall constitute delivery to Buyer, and regardless of shipping terms, all risks of loss or damage in transit shall be borne by Buyer.
If it is necessary to return any materials, contact our Customer Service Department to obtain a return authorization number. REQUESTS FOR RETURN AUTHORIZATION NUMBERS MUST BE MADE WITHIN 30 DAYS OF YOUR RECEIVING THE MATERIALS. Only items authorized by seller for return will be accepted. Final disposition of returned goods will be made only after receipt and inspection of goods. Collect shipments will not be accepted unless previously authorized. Hazardous goods must be shipped in compliance with all applicable Department of Transportation regulations. Material must be received on or before the Return Authorization expiration date. Material returned requiring disposal may incur additional charges. A 20% restocking fee is charged on catalog items returned, subject to a minimum charge of $20.00.
Some materials cannot be returned including custom or special order materials, leaking or damaged chemicals, items with missing or obliterated labels, opened materials. Returns will not be accepted by Oakwood unless prior arrangements have been made.
Oakwood's products are intended for research and development use and unless otherwise stated by Oakwood are not to be used for any other purpose. Oakwood's products may be covered by use or application patents. Oakwood Products DOES NOT WARRANT that the use or sale of the products delivered hereunder will not infringe the claims of any United States or foreign patents or patents application covering the product itself or the use thereof in combination with other products or in the operation of any process. The buyer is responsible for any patent infringement resulting from his use of our products.
No warranties by seller (other than warranty of title as provided in the uniform commercial code) shall be implied or otherwise created under the uniform commercial code, including but not limited to warranty of merchantability and warranty of fitness for a particular purpose.
LIMITATION ON CONSEQUENTIAL DAMAGES AND INDEMNIFICATION
Purchaser acknowledges that there may be hazards associated with the use of certain products offered. Purchaser agrees that their personnel concerned with any such product are aware of the hazards and assumes all responsibility for the warning of their employees and independent contractors of all hazards to persons and property in any way connected with the products, and purchaser agrees to instruct their employees, agents and customers to use safely such product. Purchaser also assumes all responsibility for the results of using any product offered in combination with other articles or substances, and in any manufacturing process, and for the ultimate safe disposal of the product in accordance with applicable laws.
Oakwood Products' sole obligation and the purchaser's exclusive remedy with respect to products proved to Oakwood's satisfaction to be defective or nonconforming shall be return of such products to Oakwood, and refund of the purchase price actually paid therefore by the purchaser. Oakwood shall not be subject to any other obligations or liabilities, whether arising out of breach of contract, warranty, tort (including negligence and strict liability) or other theories of law, with respect to goods sold or technical services rendered by Oakwood, or any undertakings, acts or omissions relating thereto. Without limiting the generality of the foregoing, Oakwood specifically disclaims any liability for property or personal injury damages penalties, special or punitive damages, damages or lost profits or revenues, loss of use of product or any associated equipment, cost of capital, cost substitute products, facilities or services, down-time, shut-down, or slow-down costs, or for any other type of economic loss and for claims of the purchaser's customers or any third party for any such damages. OAKWOOD PRODUCTS SHALL NOT BE LIABLE FOR AND DISCLAIMS ALL CONSEQUENTIAL, INCIDENTAL AND CONTINGENT DAMAGES WHATSOEVER.
The purchaser shall indemnify Oakwood from and against any and all losses, damages and expenses (including attorney's fees and other costs of defending any action) that Oakwood may sustain or incur as a result of any claim of breach of contract, tort (including negligence, breach of implied warranty, strict liability in tort) or other theories of law, by the purchasers, its officers, agents or employees, its successors and assigns, and its customers, or other persons, whether direct or indirect, in connection with the use of the product furnished hereunder.
Buyer acknowledges that Oakwood's products are sold solely for research and development, and that he will use the products in accordance with all applicable government regulations, including but not limited to those described herein.
Buyer acknowledges that he is familiar with the provisions of the Toxic Substances Control Act exemption for research and development found in 40 CFR 720.
Buyer agrees to notify Oakwood in writing if his use of Oakwood's products is for manufacturing as defined in the Toxic Substances Control Act. Buyer further agrees not to use Oakwood's products in manufacturing unless and until buyer and Oakwood have ascertained that the product is listed in the TSCA Inventory List or that a pre-manufacturing notification has been filed and approved by the United States Environmental Protection Agency.
TECHNICAL DATA AND CONDITIONS OF SALE
The physical properties and other data contained in this catalog are obtained from our own data and from literature references. Oakwood assumes no responsibility for the accuracy or completeness of such data. Buyer agrees that he has the responsibility to fully determine the accuracy and completeness of any technical data concerning any product or use.
Oakwood Products accepts buyer's orders solely upon the terms and conditions stated herein, unless buyer stipulates any other different or additional terms or conditions, in any form whatsoever, not withstanding. Acceptance of buyer's orders is expressly conditional on buyer's acceptance of these terms and conditions.