Pricing, Freight, Payment, Shipping, Returns
Product prices are as listed in the applicable LIFE FOUNDATION price pages or in LIFE FOUNDATION’s electronic order systems as of the date LIFE FOUNDATION processes Customer’s Order. For Orders specifying future-dated shipments, LIFE FOUNDATION has the sole discretion to charge the price in effect on the date of the shipment. Standard payment terms are net 30 days from the LIFE FOUNDATION invoice date, unless a different period is stated on the invoice. Customer may not make or take any deduction, set-off, or other adjustment without LIFE FOUNDATION’s prior written approval. Order quantities must meet stated minimums for Products. Products are shipped per the Incoterms statement on the LIFE FOUNDATION order acknowledgement or invoice, or, in the absence of such statement, F.O.B. point of shipment. Title and risk of loss transfers to the Customer upon delivery to the carrier. If LIFE FOUNDATION pays freight on the Order LIFE FOUNDATION may designate the means of transportation and routing. If Customer requires alternative means of shipment, Customer will pay any resulting costs. Lead times are as stated by LIFE FOUNDATION and Products may be placed on backorder at LIFE FOUNDATION’s discretion. Where Product availability is limited for any reason, LIFE FOUNDATION may fill orders or otherwise allocate Products in any manner it deems appropriate. Under no circumstances will LIFE FOUNDATION be liable for failure to ship, or for Customer’s failure to receive, Products by a certain date. LIFE FOUNDATION may require prepayment of any Order. Any credit extended to Customer is done at LIFE FOUNDATION’s discretion and subject to LIFE FOUNDATION credit requirements. Customer must keep its account current at all times. LIFE FOUNDATION may withhold shipments, payments, or other benefits, and/or assess late fees and interest on past due amounts until the account balance is current. Returns are subject to LIFE FOUNDATION’s applicable return goods policy and require advance LIFE FOUNDATION authorization.
Compliance
LIFE FOUNDATION will manufacture and sell the Products in compliance with the federal, state, and local laws applicable to each Product. Customer will comply with the federal, state, and local laws applicable to the handling, transportation, storage, use, processing, disposal, distribution, sale, and resale of Products and to any of Customer’s products that contain or are made by using Products. Under no circumstances will either party offer or make any payment or give anything of value to another person or entity where such payment or action would violate an applicable law or regulation, including, but not limited to, any applicable anti-bribery, anti-corruption, or anti-kickback law.
Product Information, Selection, and Use
LIFE FOUNDATION may provide Product information, including technical information, specifications, recommendations, literature, and other materials (collectively “Product Information”) for Customer’s convenience in Customer’s selection of Products. The accuracy or completeness of Product Information is not guaranteed and is subject to change without notice. No license under any LIFE FOUNDATION or third party intellectual property rights is granted or implied with this Product Information. Customer is solely responsible for evaluating and selecting Products and determining whether each Product is fit for a particular purpose and suitable for Customer’s use and method of application. Products are not manufactured to any Customer requirements or specifications unless expressly agreed to in writing by LIFE FOUNDATION. Products that are sold for Customer’s use or consumption may not be repackaged, resold, or redistributed in any manner without LIFE FOUNDATION’s prior written consent.
Industrial/Occupational Products
LIFE FOUNDATION intends, labels, and packages its industrial and occupational products for sale to trained industrial and occupational customers for workplace use. Unless specifically stated otherwise on the applicable product packaging or literature, these products are not intended, labeled, or packaged for sale to or use by consumers (e.g., for home, personal, primary or secondary school, recreational/sporting, or other uses not described in the applicable product packaging or literature), and must be selected and used in compliance with applicable health and safety regulations and standards (e.g., U.S. OSHA, ANSI), as well as all Product Information, user instructions, warnings, and limitations. To the extent Customer promotes or sells such products outside of industrial and occupational channels or to consumers; or relabels the Product in any manner; or subdivides, repacks, or sells products in units smaller than as packaged by LIFE FOUNDATION; Customer bears sole responsibility for meeting all applicable requirements (including packaging and labeling requirements) and for any resulting claims, losses, and damages.
Warranty, Disclaimer, Limited Remedy
Unless a different warranty is expressly specified on the applicable Product Information or Product packaging (in which case such warranty governs), LIFE FOUNDATION does not provide a product warranty. LIFE FOUNDATION MAKES NO OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ARISING OUT OF A COURSE OF DEALING, PERFORMANCE, CUSTOM, OR USAGE OF TRADE. If a Product does not conform to customer expectation, Customer’s sole and exclusive remedy is, at LIFE FOUNDATION’s option, repair or replacement of the nonconforming Product.
Changes
LIFE FOUNDATION reserves the right to change its Sales Terms at any time without notice.
Last revised April 6, 2020.
