Terms of Sale
The sale of our products is expressly conditioned upon, and subject to, these Terms of Sale. We reject any additional or contrary terms that may be included with your purchase order or other documentation. By purchasing our products, you agree to be bound by these Terms of Sale.
Net 30 days to pre-approved accounts. Open account status may be granted after a completed distributor agreement and credit application are submitted and approved. A 1.5% per month finance charge will be added to all overdue invoices. Shipments cannot be made to past due accounts. Essential Industries, at its own discretion, reserves the right to deny open credit terms for any reason. Prices are subject to change without notice.
Essential Industries warrants that its products will be free from defects in workmanship, material, and design when used strictly according to its label conditions and instructions. Essential Industry makes no warranty and is not responsible for any conditions resulting from: (a) improper use of the product; (b) failure to use the products strictly according to its conditions and instructions; and (c) misuse, accident or alteration of the product. Surface preparation, application method, and on-site environmental conditions such as air flow, temperature, and humidity are beyond our control and may affect the performance of the products. Essential Industries is not liable for any loss or damage arising from improper use of our products. OTHER THAN THE EXPRESS WARRANTY IN THIS SECTION, ESSENTIAL INDUSTRIES MAKES NO OTHER WARRANTY RELATING TO ITS PRODUCTS. ESSENTIAL INDUSTRIES EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PERSON.
If the products are defective, your sole and exclusive remedy shall be replacement of the product or a refund of the product’s purchase price. IN NO EVENT SHALL ESSENTIAL INDUSTRIES BE LIABLE ANY LOSS OF USE OR LOST PROFITS, OR FOR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF CONTRACT, TORT, OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. You agree that this remedy does not fail of its essential purpose.
Our products may not be resold without our express consent.
When you purchase products for authorized reselling, you may only resell our products in strict accordance with our Terms of Sale. Any products resold must include the labels and instructions that we provide to you for such resale without alteration. You may not alter such labels or instructions in any fashion whatsoever, other than as we expressly authorize. We accept no responsibility and disclaim all liability arising out of any alteration of labels or instructions that are provided to you for use in reselling our products.
NO ALTERATION OF OUR FORMULAS:
Some of our products must be mixed with other ingredients before use or authorized resale. For these products, we provide specific formulas for mixing. We have created, tested, and approved the provided formulas. We accept no responsibility and disclaim all liability arising out of your use or resale of such products that are not mixed according to our specified formulas. This disclaimer applies even if we provide a customer with a Safety Data Sheet with respect to a customer-created or customer-modified formula.
You agree to defend, indemnify, and hold us harmless from any claims, demands, liabilities, or damages of any kind, including without limitation actual attorneys’ fees, arising from or related to (1) your misuse of our products; (2) your unauthorized relabeling of our products; (3) your breach of any provision of these Terms of Sale; or (4) your failure to use our products in accordance with applicable laws or regulations.