Prompt Disposition.
Maxwell Adhesives will make a good faith effort for prompt correction or other adjustment with respect to any product, which proves to be defective within warranty period. Before returning any product, write or call the Maxwell Adhesives Customer Care at 1-800-701-0206, giving date and number of original invoice, and describing defect.
Product Suitability.
Many states and localities have codes and regulations governing sales, construction, installation, and/or use of products for certain purposes, which may vary from those in neighboring areas. While Maxwell Adhesives attempts to assure that its products comply with such codes, it cannot guarantee compliance, and cannot be responsible for how the product is installed or used. Before purchase and use of a product, please review the product application, and national and local codes and regulations, to be sure that the product, installation, and use will comply with them.
Force Majeure.
Maxwell Adhesives shall not be liable for any delay in or impairment of performance resulting in whole or in part from any force majeure event, including but not limited to Acts of God, labor disruptions, shortages, inability to procure product, supplies or raw materials, severe weather conditions, or any other circumstances or cause beyond the control of Maxwell Adhesives in the conduct of its business.
Product Substitution.
Products (and country of origin) may be substituted and may not always exactly match catalog descriptions and/or images.
Cancellation.
Any cancellation must be approved by Maxwell Adhesives, and may be subject to restocking and other charges.
Product Return.
Call Maxwell Adhesives for instructions. Proof of purchase is required.
Availability.
Certain products may not be available for sale in all areas.
Assignment.
Customer shall not assign any order or any interest therein without the prior written consent of Maxwell Adhesives. Any actual or attempted assignment without Maxwell Adhesives' prior written consent shall entitle Maxwell Adhesives to cancel such order upon notice to customer.
Electronic Data Interchange.
If Maxwell Adhesives and customer have mutually agreed to use an Electronic Data Interchange (EDI) system to facilitate purchase and sale transactions, customer agrees: that it will not contest (i) any contract of sale resulting from an EDI transaction under the provisions of any law relating to whether agreements must be in writing or signed by the party to be bound thereby; or (ii) the admissibility of copies of EDI records under the business records exception to the hearsay rule, the best evidence rule or any other similar rule, on the basis that such records were not originated or maintained in documentary form. Maxwell Adhesives and customer will negotiate and agree on technical standards and methods to use in making EDI purchases, and will use reasonable security procedures to protect EDI records from improper access. The business records maintained by Maxwell Adhesives regarding EDI purchases made by customer shall be controlling.
Modification of Terms.
Maxwell Adhesives' acceptance of any order is subject to customer's assent to all of the terms and conditions set forth in Maxwell Adhesives' acknowledgment, and customer's assent to these terms and conditions shall be presumed from customer's receipt of Maxwell Adhesives' acknowledgment, or from customer's acceptance of all or any part of the goods or services ordered. No addition or modification of terms and conditions shall be binding upon Maxwell Adhesives unless agreed to by Maxwell Adhesives in writing. If a purchase order or other correspondence contains terms or conditions contrary to the terms and conditions contained in Maxwell Adhesives' acknowledgment, Maxwell Adhesives' acceptance of any order shall not be construed as assent to any additional terms and conditions, nor will that constitute a waiver by Maxwell Adhesives of any of the terms and conditions contained in Maxwell Adhesives' acknowledgment.
Materials of Trade.
Customer represents that if it is purchasing goods as its "materials of trade" as defined in the Hazardous Materials Regulations in Title 49 of the Code of Federal Regulations, that the goods will be used in direct support of its business, which is not transportation, and that such goods shall not be resold or transported in a vehicle other than one owned by itself.