HAZARDS AND USES
Our products are intended for research purposes only and are not to be used for household purposes or as food or drugs. Furthermore, as a condition of sale, we require that our products be handled by qualified personnel who are trained and experienced in the field of chemistry.
Trans World Chemicals products may be covered by use or application patents. Trans World Chemicals 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 its use of our products.
Trans World Chemicals, Inc. sole obligation and the purchaser’s exclusive remedy with respect to products proved to our satisfaction to be defective or nonconforming shall be the return of such products to Trans World Chemicals and a refund of the purchase price actually paid by the customer. Trans World Chemicals shall not be subject to other obligations or liabilities or for special, incidental or consequential damages, whether buyer’s claim is in contract, negligence, strict liability or otherwise even if the seller has been advised of the possibility of such damage.
Buyer’s claim for defective, rejected or off-spec products must be made in writing within thirty days from receipt of said product or buyer’s claims shall be deemed waived.
The purchaser shall indemnify Trans World Chemicals against all losses (including attorney’s fees and any other cost of defending any action), damages and expenses and liability of any nature whatsoever arising from buyers handling and/or use of product, whether used alone or in combination with any other substance.
These terms shall be the only conditions governing the sale of our products. Any statements or further terms of sale implied by the buyer or stated in the buyer’s purchase order shall not be binding.