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1. Conditional Acceptance; Objection to Purchaser's
Terms; Entire Agreement. Acceptance of Purchaser's order
by H.B. Fuller Company or any of its affiliated companies,
including but not limited to, TEC Specialty Products, Inc.,
Foster Products Corporation, Fiber-Resin Corp., Linear
Products, Inc., or EFTEC North America, L.L.C. (collectively
or individually “Fuller”) is expressly conditional upon
Purchaser's assent to the terms and conditions specified
herein. Any term or condition of Purchaser's order or other
documentation supplied by Purchaser which is different from,
in addition to, or inconsistent with any term or condition
specified herein is hereby objected to and rejected and,
unless hereafter specifically accepted in writing by an
authorized representative of Fuller, such term or condition
will not be binding on or effective against Fuller. In the
event a separate agreement (purchase agreement, override
agreement, etc.) covering terms and conditions of purchase
has been negotiated and agreed upon between the Purchaser
and Fuller, and said agreement is applicable, it should take
precedence (to the extent of conflicts) and the terms and
conditions set forth herein will be supplemental to those of
such agreement. The contract embodies the entire agreement
of the parties in relation to the subject matter hereof and
supersedes all prior understandings, communications and
representations between the parties, whether oral or
written. No amendment to these terms and conditions will be
effective unless in writing and signed by an authorized
representative of Fuller.
2. Limited Warranty; Disclaimers; Limitation of
Warranties and Remedies. Fuller warrants that for a
Warranty Period of one year (or the period specified on the
applicable Technical Data Sheet, whichever is less) from the
date of shipment from Fuller to the Initial Purchaser, this
Fuller product was manufactured in accordance with Fuller's
specifications on the date of shipment. These specifications
are available upon request. This Warranty does not cover
test data, or any defects, damages or other harms caused to
any extent or in any way by failure to follow applicable
Fuller instructions, if any, or abuse or misuse of the
product. THE FOREGOING WARRANTY IS IN PLACE OF ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED. FULLER EXPRESSLY DISCLAIMS
ANY OTHER WARRANTIES, INCLUDING WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
ALTHOUGH FULLER MAY HAVE SUGGESTED THE PRODUCT OR DEVELOPED
THE PRODUCT AT THE PURCHASER'S REQUEST, IT IS THE
PURCHASER'S RESPONSIBILITY TO TEST AND DETERMINE THE
SUITABILITY OF THE PRODUCT FOR THE PURCHASER'S INTENDED USE
AND PURPOSE, AND PURCHASER ASSUMES ALL RISK AND LIABILITY
WHATSOEVER REGARDING SUCH SUITABILITY. FOR ANY VALID CLAIM
PRESENTED UNDER THE WARRANTY, FULLER WILL REPLACE THE
PRODUCT, OR AT ITS OPTION, REFUND THE PURCHASE PRICE. THIS
REPLACEMENT/REFUND REMEDY IS THE PURCHASER'S SOLE AND
EXCLUSIVE REMEDY AGAINST FULLER. THE PURCHASER AGREES THAT
NO OTHER REMEDY (INCLUDING BUT NOT LIMITED TO LOST PROFITS,
LOST SALES, INJURY TO PERSON OR PROPERTY OR ANY OTHER
INCIDENTAL OR CONSEQUENTIAL LOSS) SHALL BE AVAILABLE TO
PURCHASER FOR CLAIMS ARISING OUT OF ANY USE OF THE PRODUCT
REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT OR OTHER). IN
NO EVENT WILL FULLER BE OBLIGATED TO PAY DAMAGES TO
PURCHASER FOR ANY AMOUNT EXCEEDING THE PRICE THAT PURCHASER
PAID FOR THE PRODUCT.
3. Limitation of Actions; Venue. Any claim made or
action commenced by Purchaser under Fuller's limited
warranty as set forth herein must be brought within one year
from the date of shipment from Fuller to the Purchaser.
Purchaser agrees that all disputes arising from Fuller's
sale of product to Purchaser shall be brought, if at all, in
and before a court located in the State of Victoria to the
exclusion of the courts of any other state.
4. Delivery. Unless otherwise stated deliveries shall
be to the customers delivery address as reflected on the Fuller
consignment note and invoice. Fuller shall not be liable
for any delay in production or delivery due to any cause
whatsoever beyond the reasonable control of Fuller.
Fuller shall not be liable for any damage to or loss
of product following delivery to the delivery point.
5. Terms of Payment and Price. Subject to approval
and continuation of credit by Fuller, the terms of payment
are 30 days net unless stated otherwise on the invoice.
All prices are subject to exception or change without notice.
Pricing errors may be corrected at any time.
6. Privacy Policy. HB Fuller complies with the Australian
privacy guidelines as legislated on 21 December 2001. All customer
information is kept confidential and remains the property of
HB Fuller. Data captured on this site is not available to any
third parties and is only used for the primary purpose for which
it was recorded. If you would like any information about the data
relevant to you that may be held on file, please call 1-800-423-855
or send your request by email to Customer.Service@hbfuller.com
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