Terms & Conditions of Sale (United States)
These Terms and Conditions of Sale apply whenever products are sold to a Customer in the United States.
Quotes:
• PERMABAND may provide quotes in writing or by phone, e-mail or fax. If a quote given by phone is confirmed by PERMABAND in writing or by e-mail or fax, the price in PERMABAND’s written confirmation, e-mail or fax shall be deemed to be the quoted price.
• Unless and except to the extent expressly stated otherwise by PERMABAND in writing, quotes are non-binding and may be withdrawn or revised by PERMABAND at any time prior to acceptance of an Order by PERMABAND.
Orders:
• Minimum Order amount: US $200.00 net.
• Orders may be submitted in writing. PERMABAND may, in its sole discretion, also allow Orders to be submitted by phone, e-mail or fax.
• All Orders are subject to acceptance by PERMABAND. PERMABAND may confirm acceptance of an Order in writing or by phone, e-mail or fax. Entry of an Order or shipment of the products ordered shall also constitute acceptance of an Order.
• Unless and except to the extent expressly stated otherwise by PERMABAND in writing, these Terms and Conditions shall apply to all Orders. No additional or different terms and conditions that may be set forth in or referenced on Customer’s Order form shall apply to any Order or be binding on PERMABAND.
• No Order accepted by PERMABAND may be cancelled by Customer without PERMABAND’s consent. Order cancellation charges may be imposed on Customer by PERMABAND in connection with the cancellation of an Order.
• All Orders and terms of payment are subject to PERMABAND credit approval.
Price:
• Price shall be the price quoted by PERMABAND or, if no price is quoted, the price listed in PERMABAND’s published price list in effect at the time of Order entry, plus, in each case, any applicable surcharges. All prices are in US Dollars.
• PERMABAND may increase prices or impose surcharges to pass through increases in PERMABAND’s costs and otherwise after a price is quoted. In addition, prices may be increased and surcharges may be imposed if Customer requests changes in shipping dates, quantities or specifications or otherwise modifies an Order.
• All prices are net prices to PERMABAND and are exclusive of sales taxes, duties, customs broker fees, and other similar taxes and charges. All such taxes and charges shall be the sole responsibility of Customer and, to the extent paid by PERMABAND, may be invoiced to Customer by PERMABAND.
• All prices are FCA (Incoterms 2011) origin (PERMABAND’s Denver, Colorado, facility).
Freight Terms:
• All products will be shipped from PERMABAND’s Denver, Colorado, facility.
• Title to product passes to Customer and all risk of loss and damage to product shall pass to Customer immediately upon shipment, and Customer shall look solely to the carrier for any loss or damage during shipment.
• Orders with a net value under US$750.00 will be shipped by the most direct and economical method in one of three ways: freight collect, freight prepaid and added, or by third party billing.
• Orders with a net value of US$750.00 or greater with a destination within the 48 contiguous States of the United States will be shipped freight prepaid by the most economical method. For other destinations inside or outside the United States, freight terms will be specified by PERMABAND after receipt of the Order.
• For Customer requested multiple shipments against the same Order, each shipment will be treated as a separate Order for freight terms.
• Customer requested expedited or premium shipment (e.g. air) will be shipped freight collect, prepaid and added, or by third party billing regardless of Order net value.
Payment Terms:
• Net 30 days from date of invoice. Payment date is the date funds are received and acknowledged by PERMABAND.
• Amounts not paid within terms are subject to a 1.5% per month service charge or the maximum rate permitted by applicable law, whichever is less.
• Visa and MasterCard are accepted for payment.
• PERMABAND retains and is granted a first lien and security interest in all products and proceeds to secure payment of the price and other amounts payable to it in connection with an Order. In the event Customer fails to pay any amount within terms, PERMABAND may exercise any and all rights granted to a secured creditor under the Uniform Commercial Code and other applicable law. Customer authorizes PERMABAND to file and sign in its name all such UCC statements and other documents that PERMABAND deems necessary or appropriate to evidence and enforce its first lien and security interest in products and proceeds.
• PERMABAND and its affiliated companies shall have the right to set off and deduct amounts due to PERMABAND and its affiliated companies from Customer and its affiliated companies against amounts due to Customer and its affiliated companies in connection with returns or otherwise.
• All payments must be made in US Dollars.
• Other payment terms may apply at PERMABAND’s discretion.
Performance Specifications: Performance specifications for PERMABAND products in promotional and technical literature and materials are determined under controlled laboratory conditions and according to specific test requirements. The results of these tests are not intended to define the performance of any PERMABAND product under actual conditions or specific applications. PERMABAND does not warrant the suitability of any PERMABAND product for any specific application, and Customer will have sole responsibility for determining the suitability of PERMABAND products for its application.
Warranty: Except as stated above under Performance Specifications and below under Warranty Exceptions and Exclusions:
• PERMABAND warrants that PERMABAND products will conform to PERMABAND’s published specifications at time of shipment for a period of 12 months from the date of invoice.
• THE ABOVE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY MADE BY PERMABAND. NO OTHER EXPRESS OR IMPLIED WARRANTY OF ANY KIND, ORAL OR WRITTEN, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE WITH RESPECT TO THE QUALITY, WORKMANSHIP, MATERIALS, DESIGN, PERFORMANCE OR SUITABILITY OF ANY PERMABAND PRODUCT.
• If a warranty claim is approved by PERMABAND, PERMABAND will either replace or repair the non-conforming PERMABAND product free of charge or, at PERMABAND’s sole discretion, refund or credit to Customer the purchase price it paid for such non-conforming PERMABAND product. Such replacement, repair, refund or credit will be PERMABAND’s sole liability and obligation and Customer’s sole remedy with respect to any nonconforming or defective PERMABAND product. All PERMABAND products that are replaced shall be the property of PERMABAND. Customer shall be responsible for all freight charges in connection with any replacement or repair.
Warranty Exceptions and Exclusions: Notwithstanding anything to the contrary:
• PERMABAND products that are quoted as being sold “Without Warranty” are not warranted.
• PERMABAND products that are quoted with a warranty less than 12 months from the date of invoice are warranted only for the period specified in the quote.
• Tool components that are subject to normal wear and tear (e.g. knives, blades, grippers, etc.) are not warranted.
• Tool repairs and tools sold as "Used" or "Reconditioned" are warranted only for 90 days from date of invoice.
• A warranty claim must be asserted during the applicable warranty period, and PERMABAND shall have no liability or obligation of any kind with respect to a PERMABAND product if a warranty claim is asserted after the expiration of the applicable warranty period for such PERMABAND product.
• A warranty claim must be asserted within 7 days after Customer discovers or should have discovered that a PERMABAND product does not conform to PERMABAND’s published specifications at time of shipment, and PERMABAND shall have no liability or obligation of any kind with respect to a PERMABAND product if a warranty claim is asserted more than 7 days after Customer discovers or should have discovered that such PERMABAND product did not conform to PERMABAND’s published specifications at time of shipment, notwithstanding that the warranty claim may be asserted during the applicable warranty period for such PERMABAND product.
• PERMABAND shall have no liability or obligation of any kind with respect to a PERMABAND product if PERMABAND is not given the opportunity, after receiving a warranty claim with respect to such PERMABAND product, to examine such PERMABAND product at its Denver, Colorado, facility.
• PERMABAND shall have no liability or obligation of any kind with respect to a PERMABAND product if Customer makes any further use of such PERMABAND product after asserting a warranty claim with respect to such PERMABAND product.
• PERMABAND shall have no liability or obligation of any kind with respect to a PERMABAND product if the nonconformity to BAND- IT’s published specifications at time of shipment is directly or indirectly attributable to normal wear, neglect, misuse, modification, improper installation, improper repair, failure to follow PERMABAND’s oral or written instructions, damage during or after shipment, or any non-PERMABAND product, component or tool with which such PERMABAND product is used.
• PERMABAND makes no warranty with respect to products of other manufacturers that PERMABAND may sell. Any warranty with respect to products of other manufacturers shall be limited to a pass through of the other manufacturer’s warranties to the extent permitted by the manufacturer.
Liability Limitations:
• In no event shall PERMABAND or any of its affiliated companies have any liability in connection with any Order or product for special, incidental, indirect, consequential or punitive damages, including, but not limited to, any loss of sales, profits, income or business, loss of contracts, loss of goodwill, damage to reputation, loss of property, or loss of information or data, whether or not advised of the possibility of such damages.
• In no event shall PERMABAND and its affiliated companies have any liability in connection with any Order or product in an aggregate amount in excess of the lesser of (i) in the case of any individual Order, the total price payable to PERMABAND by Customer under the Order, or (ii) in the case of any individual product, 125% of the price that Customer paid PERMABAND for such product.
Returns: Make return requests to PERMABAND customer service with type of product, quantity, price paid, invoice number and date of purchase. Credits may not be deducted unless and until credit memo has been issued.
• Warranty Claim: If requested by PERMABAND, product that is the subject of a warranty claim must be returned to PERMABAND. Prior to return, a Return Goods Authorization (RGA) number or Tool Repair (TR) number must be obtained from PERMABAND customer service. An invoice number and date of purchase are required. Returned product must be clearly marked with the RGA or TR number on the outside of the packaging and on the packing list and returned freight prepaid. If the warranty claim is approved, replacement, repair, refund or credit for the non- conforming PERMABAND product is typically made within 30 days after receipt of the product by PERMABAND.
• Non-Warranty Tool Repair: Prior to return for repair, a Tool Repair (TR) number must be obtained from PERMABAND customer service. Returned tool must be clearly marked with the TR number on the outside of the packaging and on the packing list and returned freight prepaid. After repair, tool will be returned freight collect and a repair invoice will be issued.
• Wrong Product/Excess Quantity Shipped: If the wrong product or excess quantity is shipped, the wrong product or excess quantity may be returned to PERMABAND for credit within 30 days of shipment. If more than 30 days has elapsed since shipment, the return will be treated as anOther Return as provided below. Prior to return, a Return Goods Authorization (RGA) number must be obtained from PERMABAND customer service. An invoice number and date of purchase are required. Returned product must be clearly marked with the RGA number on the outside of the packaging and on the packing list and returned freight collect. If the claim is approved, credit for the returned product is typically made within 30 days after receipt of the product by PERMABAND.
• Other Returns: Except as provided above under Wrong Product/Excess Quantity Shipped, returns for credit are at the sole discretion of PERMABAND, and PERMABAND reserves the right to refuse to accept the return of any product. Prior to return for credit, a Return Goods Authorization (RGA) number must be obtained from PERMABAND Customer Service. An invoice number and date of purchase are required. Returned product must be unused, undamaged and complete, in its unopened original box or packaging, immediately resaleable, clearly marked with the RGA number on the outside of the return packaging and on the return packing list, and returned freight prepaid. An offsetting Order of equal or greater value may be required as a condition to approval of a return. Return acceptance and credit are subject to inspection of returned product by PERMABAND. If PERMABAND approves the return it will be subject to a minimum restocking charge of 15% of the original invoiced value of the product.
Intellectual Property: All patents and other intellectual property rights in relation to PERMABAND products remain the sole and exclusive property of PERMABAND.
Force Majeure: Notwithstanding anything to the contrary, PERMABAND shall not be liable for any delay in performance or inability to perform that is directly or indirectly attributable to or caused by any circumstance or event beyond its reasonable control, including, but not limited to, war; riot; civil disturbance; act of terrorism; accident; sabotage; theft; malicious damage; confiscation; nationalization; embargo; compliance with law, rule, regulation or governmental or regulatory order or directive; act of government or authority; interruption, shortage or restriction in transportation, power, utilities, materials, parts or components; damage or destruction of facilities or equipment; natural disaster; fire; explosion; flood; storm; strike; lockout; labor dispute; labor shortage; epidemic or other widespread illness, or breach or default of suppliers or subcontractors.
Export Controls: Products and related technical information, data, documents and materials are subject to export controls under U.S. Export Administration Regulations and Department of the Treasury embargo regulations. Customer shall strictly comply with all such export controls and shall fully cooperate with PERMABAND in any official or unofficial investigation, audit or inspection that relates to any of such controls, and shall not export, re-export, divert or transfer, directly or indirectly, any products or related technical information, data, documents and materials to any party or destination or for any use that is subject to an embargo or otherwise prohibited pursuant to such controls, unless Customer has obtained all required U.S. governmental and regulatory approvals, authorizations and licenses.
Governing Law: Quotes, orders, acceptances and these Terms and Conditions shall be governed by and interpreted in accordance with the laws of the United States and the State of Delaware, and the rights, liabilities and obligations of PERMABAND and Customer shall be determined under the laws of the United States and the State of Delaware. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
Modification: PERMABAND shall have the right to modify these Terms and Conditions at any time in its sole discretion. No course of dealing between PERMABAND and Customer shall operate to modify or waive any of the provisions of these Terms and Conditions.
Other Terms and Conditions: Other terms and conditions may apply only if and to the extent specifically set forth and agreed to in writing by PERMABAND.
Quotes:
• PERMABAND may provide quotes in writing or by phone, e-mail or fax. If a quote given by phone is confirmed by PERMABAND in writing or by e-mail or fax, the price in PERMABAND’s written confirmation, e-mail or fax shall be deemed to be the quoted price.
• Unless and except to the extent expressly stated otherwise by PERMABAND in writing, quotes are non-binding and may be withdrawn or revised by PERMABAND at any time prior to acceptance of an Order by PERMABAND.
Orders:
• Minimum Order amount: US $200.00 net.
• Orders may be submitted in writing. PERMABAND may, in its sole discretion, also allow Orders to be submitted by phone, e-mail or fax.
• All Orders are subject to acceptance by PERMABAND. PERMABAND may confirm acceptance of an Order in writing or by phone, e-mail or fax. Entry of an Order or shipment of the products ordered shall also constitute acceptance of an Order.
• Unless and except to the extent expressly stated otherwise by PERMABAND in writing, these Terms and Conditions shall apply to all Orders. No additional or different terms and conditions that may be set forth in or referenced on Customer’s Order form shall apply to any Order or be binding on PERMABAND.
• No Order accepted by PERMABAND may be cancelled by Customer without PERMABAND’s consent. Order cancellation charges may be imposed on Customer by PERMABAND in connection with the cancellation of an Order.
• All Orders and terms of payment are subject to PERMABAND credit approval.
Price:
• Price shall be the price quoted by PERMABAND or, if no price is quoted, the price listed in PERMABAND’s published price list in effect at the time of Order entry, plus, in each case, any applicable surcharges. All prices are in US Dollars.
• PERMABAND may increase prices or impose surcharges to pass through increases in PERMABAND’s costs and otherwise after a price is quoted. In addition, prices may be increased and surcharges may be imposed if Customer requests changes in shipping dates, quantities or specifications or otherwise modifies an Order.
• All prices are net prices to PERMABAND and are exclusive of sales taxes, duties, customs broker fees, and other similar taxes and charges. All such taxes and charges shall be the sole responsibility of Customer and, to the extent paid by PERMABAND, may be invoiced to Customer by PERMABAND.
• All prices are FCA (Incoterms 2011) origin (PERMABAND’s Denver, Colorado, facility).
Freight Terms:
• All products will be shipped from PERMABAND’s Denver, Colorado, facility.
• Title to product passes to Customer and all risk of loss and damage to product shall pass to Customer immediately upon shipment, and Customer shall look solely to the carrier for any loss or damage during shipment.
• Orders with a net value under US$750.00 will be shipped by the most direct and economical method in one of three ways: freight collect, freight prepaid and added, or by third party billing.
• Orders with a net value of US$750.00 or greater with a destination within the 48 contiguous States of the United States will be shipped freight prepaid by the most economical method. For other destinations inside or outside the United States, freight terms will be specified by PERMABAND after receipt of the Order.
• For Customer requested multiple shipments against the same Order, each shipment will be treated as a separate Order for freight terms.
• Customer requested expedited or premium shipment (e.g. air) will be shipped freight collect, prepaid and added, or by third party billing regardless of Order net value.
Payment Terms:
• Net 30 days from date of invoice. Payment date is the date funds are received and acknowledged by PERMABAND.
• Amounts not paid within terms are subject to a 1.5% per month service charge or the maximum rate permitted by applicable law, whichever is less.
• Visa and MasterCard are accepted for payment.
• PERMABAND retains and is granted a first lien and security interest in all products and proceeds to secure payment of the price and other amounts payable to it in connection with an Order. In the event Customer fails to pay any amount within terms, PERMABAND may exercise any and all rights granted to a secured creditor under the Uniform Commercial Code and other applicable law. Customer authorizes PERMABAND to file and sign in its name all such UCC statements and other documents that PERMABAND deems necessary or appropriate to evidence and enforce its first lien and security interest in products and proceeds.
• PERMABAND and its affiliated companies shall have the right to set off and deduct amounts due to PERMABAND and its affiliated companies from Customer and its affiliated companies against amounts due to Customer and its affiliated companies in connection with returns or otherwise.
• All payments must be made in US Dollars.
• Other payment terms may apply at PERMABAND’s discretion.
Performance Specifications: Performance specifications for PERMABAND products in promotional and technical literature and materials are determined under controlled laboratory conditions and according to specific test requirements. The results of these tests are not intended to define the performance of any PERMABAND product under actual conditions or specific applications. PERMABAND does not warrant the suitability of any PERMABAND product for any specific application, and Customer will have sole responsibility for determining the suitability of PERMABAND products for its application.
Warranty: Except as stated above under Performance Specifications and below under Warranty Exceptions and Exclusions:
• PERMABAND warrants that PERMABAND products will conform to PERMABAND’s published specifications at time of shipment for a period of 12 months from the date of invoice.
• THE ABOVE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY MADE BY PERMABAND. NO OTHER EXPRESS OR IMPLIED WARRANTY OF ANY KIND, ORAL OR WRITTEN, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE WITH RESPECT TO THE QUALITY, WORKMANSHIP, MATERIALS, DESIGN, PERFORMANCE OR SUITABILITY OF ANY PERMABAND PRODUCT.
• If a warranty claim is approved by PERMABAND, PERMABAND will either replace or repair the non-conforming PERMABAND product free of charge or, at PERMABAND’s sole discretion, refund or credit to Customer the purchase price it paid for such non-conforming PERMABAND product. Such replacement, repair, refund or credit will be PERMABAND’s sole liability and obligation and Customer’s sole remedy with respect to any nonconforming or defective PERMABAND product. All PERMABAND products that are replaced shall be the property of PERMABAND. Customer shall be responsible for all freight charges in connection with any replacement or repair.
Warranty Exceptions and Exclusions: Notwithstanding anything to the contrary:
• PERMABAND products that are quoted as being sold “Without Warranty” are not warranted.
• PERMABAND products that are quoted with a warranty less than 12 months from the date of invoice are warranted only for the period specified in the quote.
• Tool components that are subject to normal wear and tear (e.g. knives, blades, grippers, etc.) are not warranted.
• Tool repairs and tools sold as "Used" or "Reconditioned" are warranted only for 90 days from date of invoice.
• A warranty claim must be asserted during the applicable warranty period, and PERMABAND shall have no liability or obligation of any kind with respect to a PERMABAND product if a warranty claim is asserted after the expiration of the applicable warranty period for such PERMABAND product.
• A warranty claim must be asserted within 7 days after Customer discovers or should have discovered that a PERMABAND product does not conform to PERMABAND’s published specifications at time of shipment, and PERMABAND shall have no liability or obligation of any kind with respect to a PERMABAND product if a warranty claim is asserted more than 7 days after Customer discovers or should have discovered that such PERMABAND product did not conform to PERMABAND’s published specifications at time of shipment, notwithstanding that the warranty claim may be asserted during the applicable warranty period for such PERMABAND product.
• PERMABAND shall have no liability or obligation of any kind with respect to a PERMABAND product if PERMABAND is not given the opportunity, after receiving a warranty claim with respect to such PERMABAND product, to examine such PERMABAND product at its Denver, Colorado, facility.
• PERMABAND shall have no liability or obligation of any kind with respect to a PERMABAND product if Customer makes any further use of such PERMABAND product after asserting a warranty claim with respect to such PERMABAND product.
• PERMABAND shall have no liability or obligation of any kind with respect to a PERMABAND product if the nonconformity to BAND- IT’s published specifications at time of shipment is directly or indirectly attributable to normal wear, neglect, misuse, modification, improper installation, improper repair, failure to follow PERMABAND’s oral or written instructions, damage during or after shipment, or any non-PERMABAND product, component or tool with which such PERMABAND product is used.
• PERMABAND makes no warranty with respect to products of other manufacturers that PERMABAND may sell. Any warranty with respect to products of other manufacturers shall be limited to a pass through of the other manufacturer’s warranties to the extent permitted by the manufacturer.
Liability Limitations:
• In no event shall PERMABAND or any of its affiliated companies have any liability in connection with any Order or product for special, incidental, indirect, consequential or punitive damages, including, but not limited to, any loss of sales, profits, income or business, loss of contracts, loss of goodwill, damage to reputation, loss of property, or loss of information or data, whether or not advised of the possibility of such damages.
• In no event shall PERMABAND and its affiliated companies have any liability in connection with any Order or product in an aggregate amount in excess of the lesser of (i) in the case of any individual Order, the total price payable to PERMABAND by Customer under the Order, or (ii) in the case of any individual product, 125% of the price that Customer paid PERMABAND for such product.
Returns: Make return requests to PERMABAND customer service with type of product, quantity, price paid, invoice number and date of purchase. Credits may not be deducted unless and until credit memo has been issued.
• Warranty Claim: If requested by PERMABAND, product that is the subject of a warranty claim must be returned to PERMABAND. Prior to return, a Return Goods Authorization (RGA) number or Tool Repair (TR) number must be obtained from PERMABAND customer service. An invoice number and date of purchase are required. Returned product must be clearly marked with the RGA or TR number on the outside of the packaging and on the packing list and returned freight prepaid. If the warranty claim is approved, replacement, repair, refund or credit for the non- conforming PERMABAND product is typically made within 30 days after receipt of the product by PERMABAND.
• Non-Warranty Tool Repair: Prior to return for repair, a Tool Repair (TR) number must be obtained from PERMABAND customer service. Returned tool must be clearly marked with the TR number on the outside of the packaging and on the packing list and returned freight prepaid. After repair, tool will be returned freight collect and a repair invoice will be issued.
• Wrong Product/Excess Quantity Shipped: If the wrong product or excess quantity is shipped, the wrong product or excess quantity may be returned to PERMABAND for credit within 30 days of shipment. If more than 30 days has elapsed since shipment, the return will be treated as anOther Return as provided below. Prior to return, a Return Goods Authorization (RGA) number must be obtained from PERMABAND customer service. An invoice number and date of purchase are required. Returned product must be clearly marked with the RGA number on the outside of the packaging and on the packing list and returned freight collect. If the claim is approved, credit for the returned product is typically made within 30 days after receipt of the product by PERMABAND.
• Other Returns: Except as provided above under Wrong Product/Excess Quantity Shipped, returns for credit are at the sole discretion of PERMABAND, and PERMABAND reserves the right to refuse to accept the return of any product. Prior to return for credit, a Return Goods Authorization (RGA) number must be obtained from PERMABAND Customer Service. An invoice number and date of purchase are required. Returned product must be unused, undamaged and complete, in its unopened original box or packaging, immediately resaleable, clearly marked with the RGA number on the outside of the return packaging and on the return packing list, and returned freight prepaid. An offsetting Order of equal or greater value may be required as a condition to approval of a return. Return acceptance and credit are subject to inspection of returned product by PERMABAND. If PERMABAND approves the return it will be subject to a minimum restocking charge of 15% of the original invoiced value of the product.
Intellectual Property: All patents and other intellectual property rights in relation to PERMABAND products remain the sole and exclusive property of PERMABAND.
Force Majeure: Notwithstanding anything to the contrary, PERMABAND shall not be liable for any delay in performance or inability to perform that is directly or indirectly attributable to or caused by any circumstance or event beyond its reasonable control, including, but not limited to, war; riot; civil disturbance; act of terrorism; accident; sabotage; theft; malicious damage; confiscation; nationalization; embargo; compliance with law, rule, regulation or governmental or regulatory order or directive; act of government or authority; interruption, shortage or restriction in transportation, power, utilities, materials, parts or components; damage or destruction of facilities or equipment; natural disaster; fire; explosion; flood; storm; strike; lockout; labor dispute; labor shortage; epidemic or other widespread illness, or breach or default of suppliers or subcontractors.
Export Controls: Products and related technical information, data, documents and materials are subject to export controls under U.S. Export Administration Regulations and Department of the Treasury embargo regulations. Customer shall strictly comply with all such export controls and shall fully cooperate with PERMABAND in any official or unofficial investigation, audit or inspection that relates to any of such controls, and shall not export, re-export, divert or transfer, directly or indirectly, any products or related technical information, data, documents and materials to any party or destination or for any use that is subject to an embargo or otherwise prohibited pursuant to such controls, unless Customer has obtained all required U.S. governmental and regulatory approvals, authorizations and licenses.
Governing Law: Quotes, orders, acceptances and these Terms and Conditions shall be governed by and interpreted in accordance with the laws of the United States and the State of Delaware, and the rights, liabilities and obligations of PERMABAND and Customer shall be determined under the laws of the United States and the State of Delaware. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
Modification: PERMABAND shall have the right to modify these Terms and Conditions at any time in its sole discretion. No course of dealing between PERMABAND and Customer shall operate to modify or waive any of the provisions of these Terms and Conditions.
Other Terms and Conditions: Other terms and conditions may apply only if and to the extent specifically set forth and agreed to in writing by PERMABAND.