Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Brand Manufactory® LLC. The collective work includes works that are licensed to Brand Manufactory® LLC. Copyright 2003, Brand Manufactory® LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Brand Manufactory® LLC or purchasing Brand Manufactory® LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Brand Manufactory® LLC or to purchase Brand Manufactory® LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Brand Manufactory® LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Brand Manufactory® LLC used in the site are trademarks or registered trademarks of Brand Manufactory® LLC
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Brand Manufactory® LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Brand Manufactory® LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Brand Manufactory® LLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Brand Manufactory® LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Brand Manufactory® LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Brand Manufactory® LLC product is mistakenly listed at an incorrect price, Brand Manufactory® LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Brand Manufactory® LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Brand Manufactory® LLC shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Brand Manufactory® LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Brand Manufactory® LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Brand Manufactory® LLC.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Brand Manufactory® LLC products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Brand Manufactory® LLC products) must be commenced within one (1) year after the claim or cause of action arises. Brand Manufactory® LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Brand Manufactory® LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Brand Manufactory® LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Brand Manufactory® LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Brand Manufactory® LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Brand Manufactory® LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Brand Manufactory® LLC in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Brand Manufactory® LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Brand Manufactory® LLC may link to sites operated by third parties. However, even if the third party is affiliated with Brand Manufactory® LLC, Brand Manufactory® LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Brand Manufactory® LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Brand Manufactory® LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
General Conditions of Sale
Applicability
All sales by Seller are subject only to the following conditions, notwithstanding anything to the contrary in Buyer’s general conditions of purchase or in any other document issued by Buyer. Conflicting and additional terms and conditions of any such documents shall be deemed deleted and not binding upon the parties, except insofar as expressly agreed in writing by Seller.
Order confirmation
Orders of Buyer shall not bind Seller until confirmed by Seller in writing
or by any electronic means of its choice.
Price
The price indicated on the order confirmation shall be considered to be
the price agreed between the Buyer and Seller. In case of multiple or
future deliveries, prices are subject to revision by Seller at any time.
Delivery terms Seller shall deliver the goods at the place of delivery in accordance
with the terms stated on the order confirmation. Failing such indication,
the goods shall be delivered Ex Works (Incoterms 2000).
Return Policy
All returns must be authorized by an eoilcolab representative.
Returned merchandise is subject to a 20% re-stocking and handling fee unless we were at fault in filling your order.
All claims by Buyer,
including, without limitation, claims for alleged defects, damage and
shortage must be made within FIVE (5) business days of receipt of goods by calling your eoilcolab sales representative and also must be made in writing and received by Seller within 5 business
days after Buyer’s receipt of the goods, understanding that in any
event, all claims made after the goods have been resold by the Buyer,
or have undergone any processing or treatment in any form whatsoever shall
be null and void. No returns will be accepted after 10 business days.
At the time of your call, if your representative authorizes the return,
he or she will provide you with a Return Materials Authorization (RMA)
number. This number must be clearly marked using new return address
labels. Every piece you will be returning must be clearly labeled with
the correct eoilcolab Distribution Center address (provided to you by your sales
representative) and our RMA number. Failure to include this RMA number
on the returning pieces will result in a delay of processing your
credit and an automatic 20% re-stocking fee.
If an error has been made on a written order, we will gladly pay for
re-shipment. All errors arising from communication on verbal orders
will be the sole responsibility of the consumer. Please submit orders
on-line or in writing whenever possible.
To receive full
credit, the returning merchandise must be returned in its original
packaging with the tamper evident seal intact. All merchandise returned must be in good condition
and in its original container. Finally, full credit is subject to our
evaluation and approval of the condition and quality of the returned
merchandise.
Ordering Guidelines
You may place your order by fax, via. our Ingredient Manager, or by phone at 1-(866)-792-0333 (US & CA). click here for complete contact information...
Due to intra day market fluctuations, prices are subject to change without notice.
Sample Request
Due to
increasing domestic & international shipping costs, we are no
longer able to ship samples of our products without a charge. For laboratories, consumer
products companies, and manufacturers, please be
prepared to bear the cost of shipping the samples.
Samples
are not lot specific. They are representative of the average quality,
odor, color, and taste that should be expected.
eoilcolab cannot send samples for home or personal use.
eoilcolab cannot send samples to a PO Box address.
Payment Methods & Terms
All orders must be paid in advance of shipping.
You
may pay for your merchandise by using Visa®, MasterCard®, Discover®,
American Express®, PayPal®, Certified Check, Money Order, Direct Bank
Transfer, or Wire Transfer.
Returned checks are subject to a $55.00 fee.
All merchandise ordered though our web site is payable in U.S. funds or Euros. We also accept Pounds Sterling, Yen, & Australian Dollars.
Charges will appear on your credit card statement as eoilcolab. Make all check payable to eoilco laboratories LLC.
Finance Charges: A maximum finance charge of 2.25% per month (27% per annum) will be assessed to any past due balance(s).
Shipping
Our DHL online quotes are estimates based on weight and volume
calculations. We reserve the right to modify shipping and handling
charges. If this occurs you will be contacted for approval before your
order is processed.
Shipments over 150lbs are considered freight. Please select EXW Mansfield OH as your shipping method. You will be contacted for approval on shipping and
handling charges before your order is processed.
All orders are EXW (ExWorks) Miami Distribution Center FL 33146 or EXW (ExWorks) Mansfield Distribution Center OH 44903.
Back orders, though rare, are not automatically shipped. Regular ordering policies will apply on arrival of stock.
ATTENTION: Please be advised, due to unusually high demand for our products, please note that our current lead time is 5-10 business days from receipt of payment or order confirmation. This notice does not apply to our clients which currently utilize the eoilcolab Distribution Center solutions service.
eoilcolab cannot ship products to a PO Box address.
For items with a value of $250.00 USD or more, in addition to proof of
delivery, you must provide proof of signature from the recipient. If you paid in a currency other than US dollars, the following amounts
apply for this section: $325.00 CAD, €200.00 EUR, £150.00 GBP,
¥28000.00 JPY, $350.00 AUD, 330.00 CHF, 1,600.00 or $2,000.00 HKD.
PayPal Users: (1) The address on the "Transaction Details" page that you ship to must be a Confirmed Address. (2) All products are offered on a made-to-order or pre-ordered basis.
HAZMAT
Any item designated as a hazardous material may incur higher shipping costs and longer shipping times.
"Damaged" & "Shorted" Shipments
DHL: Damaged merchandise must be kept in the original container with
until a DHL representative has inspected the damages. Retain the DHL
inspector's documentation, and forward a copy of it to your eoilco
representative. We will then begin processing a claim with DHL.
FREIGHT: Merchandise that arrives to your facility damaged must be
received and documented correctly. Failure to sign a bill of lading
"damaged" and/or "shorted" for goods that shipped via a LTL carriers
voids your right to claim compensation from the carrier; and
eoilcolab.
Delivery dateSeller shall endeavor to deliver the goods within fifteen business days from the order time stated on the
order confirmation. Failing such indication, the goods shall be delivered
at the time Seller deems appropriate. Export (Outside US)
$250 Minimum order outside North America (US & Canada) & the Caribbean.
If you cannot arrange for shipping through our DHL online calculator,
please select EXW Mansfield OH as your shipping method. You will
be contacted shortly to make further arrangements.
Any and all taxes and tariffs shall be paid by consignee.
International orders may be subject to a two to three week processing
and verification period. This is to prevent fraud & negligence.
Orders processed on international credit cards will incur a 1.2% processing charge.
A 2.75% currency conversion fee will be charged if order is not paid in US dollars.
Shipments over 150lbs are considered freight. Please select ExWorks as
the shipping method. You will be contacted for approval on shipping and
handling charges before your order is processed.
Certain services cannot be quoted in advance (IE: broker services, duties, taxes, harbor maintenance fees, clearance costs, destination terminal/port handling charges and fees). Our current offers do not include those costs. Destination charges and fees not included in your invoice will be billed at cost.
Importers using their own customs broker may be charged a document turnover fee.
US exports to the following countries require consular legalization of shipping documents before export: Argentina, Bahrain, Costa Rica, Cyprus, Dominican Republic, Egypt, Guatemala, Jordan, Kuwait, Republic of Korea, Lebanon, Nicaragua, Oman, Paraguay, Qatar, Saudi Arabia, Spain, Syria, Tunisia, Turkey, United Arab Emirates, and Yemen. The process for legalization can take from one to three days. Additional fees may apply.
Dangerous goods shipments may carry an additional charge and are subject to carrier approval.
The U.S. State Department has issued recent travel advisories to Turkey, the Solomon Islands, Israel, Kuwait, and Syria. Customers importing to these regions should be prepared for potential delays, or disruptions. Additional fees may apply.
Order Cancellations
Orders canceled after they have been processed will be charged a 20% restocking fee.
Conditions of Sale
All products are sold for further processing, to be used to
manufacture other products, agricultural use, or to be resold.
No Analysis
Buyer shall not perform, directly or indirectly, either any analysis of
the goods (or samples thereof) for chemical composition or structure,
or any replication of the goods (or samples thereof) for any purpose.
Warranties
Seller warrants that the goods shall conform to Seller’ standard
specifications in effect on the date of shipment, or to the specifications
agreed with Buyer, if any. Furthermore, Seller warrants that to its knowledge
the goods do not infringe any third party’s patents. ALL OTHER WARRANTIES,
EXPRESSED OR IMPLIED, WITH RESPECT TO THE GOODS, USED ALONE OR IN COMBINATION
WITH OTHER MATERIALS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY
FOR FITNESS OR MERCHANTABILITY FOR ANY PURPOSE, ARE DISCLAIMED.
Privacy Policy
EOILCOLAB® collects personal information when you
make a purchase from eoilcolab. eoilco uses this information to fulfill
your requests for products and services.
EOILCOLAB® does not rent, sell, or share personal information about
you with other people or non-affiliated companies.
We believe
it is necessary to share information in order to investigate, prevent,
or take action regarding illegal activities and suspected fraud.
Privacy is important to us; therefore, we will not sell, rent, or give
your name, email address or any personal information to anyone.
All billing information, including your credit card number and
expiration dates are purged from our system after 30 days from the date
of your last order unless otherwise requested.
We limit
access to personal information about you to employees who we believe
reasonably need to come into contact with that information to provide
products or services to you or in order to do their jobs.
We
will notify you about significant changes in the way we treat personal
information by sending a notice to your primary email address or by
placing a prominent notice on our site.
Information
Seller may provide Buyer with information regarding the use of ingredients in Buyer’s product(s). With regard to such occurrences,
the Buyer acknowledges that Seller is in no way responsible for the use of
Seller’s product by Buyer. Buyer acknowledges that Seller cannot
anticipate all conditions under which Seller’s products may be used,
and therefore Buyer agrees to conduct its own tests to determine the safety
and suitability of Seller’ products for Buyer’s purposes.
Any information provided by Seller is without warranties, either express
or implied, and Buyer agrees to indemnify and save Seller harmless of
and from any and all loss, cost (including, without limitation, reasonable
attorneys fees) and claims arising out of, or in connection with, Buyer’s
product.
Limitation of Product Liability
The
liability of EOILCOLAB® is limited to the value of the goods and does
not include any consequential loss. EOILCOLAB® shall not be liable for
any errors or delays in the content, or for any actions taken in
reliance thereon.
The user of the product is solely responsible
for compliance with all laws and regulations applying to the use of the
products, including intellectual property rights of third parties.
EOILCOLAB® shall not be liable for any special or consequential damages that
result from the use of, or the inability to use, the materials on this
site or the performance of the products, even if EOILCOLAB® has been advised of the possibility of such damages. Applicable law may
not allow the limitation of exclusion of liability or incidental or
consequential damages, so the above limitation or exclusion may not
apply to you.
Language
The English version of these General Conditions of Sale shall prevail
over any translation.
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