Terms & Conditions
Terms & Conditions of Sale
1. Unless expressly stated otherwise on the face of this document, all products are sold FCA Seller’s plant under the then-current Incoterms® rules published by the International Chamber of Commerce as of the date Seller accepts the applicable order, with Buyer responsible for all freight, insurance, taxes, duties, customs charges, and other transportation-related charges. Title to and risk of loss for products shall pass to Buyer upon Seller's delivery of the products to the carrier or Buyer's designated representative at Seller's plant, regardless of freight terms or transportation arrangements. All prices, surcharges, and delivery terms are subject to change, without notice, to the prices and delivery terms in effect at the time of shipment.
2. Seller shall not be liable for damages including but not limited to damages based on cover or consequential damages or loss of profits or damages based upon loss of the product, for any failure to or delay in delivery due to acts of God, floods, tornadoes, hurricanes, earthquakes or other weather conditions, accidents (whether or not caused or contributed to by Seller's negligence), strikes or other labor disputes (whether against Seller, its suppliers or carriers, and whether or not due to the fault of Seller), delay of carriers, shortages of materials, fuel or energy, breakdown of Seller's equipment, orders, requirements or requests of any government, government agency, or any officer or official thereof, or any similar causes, whether or not beyond Seller's control. In the event that there is a delay in delivery due to such cause or causes, Seller shall have the option to cancel without any liability to Buyer or to make delivery within a reasonable time after the termination of the cause or causes of the delay.
3. This Acknowledgement is expressly made conditional on Buyer's assent to all terms and conditions contained herein, including those which are different from or in addition to any terms and conditions contained in any form heretofore or hereafter, supplied by Buyer or Seller, and Buyer's acceptance of the products shall be conclusive evidence of such assent. Seller hereby gives notice that it objects to any terms or conditions contained in any form or document heretofore or hereafter supplied by Buyer to Seller which are in addition to or different from the terms and conditions herein contained.
4. The terms and conditions of this Acknowledgement shall constitute the sole and exclusive agreement between Buyer and the Seller, and the same may not be altered, amended, modified or rescinded except by a writing signed by the Buyer and Seller.
5. Shipping date is Seller's best estimate and will not operate to bind Seller to ship or make deliveries on the dates stated herein.
6. Seller, subject to the conditions set forth herein, warrants that the material referenced herein will be free from defects in material and in workmanship related thereto. This warranty does not apply to materials which have been or are exposed to smoke, fire, radiation, salt spray, organic solvents, concentrated detergents, wetting agents, harmful fumes or foreign substances in the atmosphere or to materials damaged by malicious mischief, vandalism, improper handling, improper storage or improper installation. Buyer is solely responsible for ensuring that products are suitable for Buyer's intended application, fabrication methods, installation conditions, end-use environment, and compliance with all applicable laws, codes, regulations, and industry standards. Seller shall have no liability arising from fabrication, installation, engineering design, system integration, improper use, or incompatibility with other materials or components. Subject to the foregoing, Buyer shall inspect all products immediately upon receipt. Any claim for shortage, shipping damage, visible defect (in the case of Alucobond® while masking is in place), incorrect shipment, or other non-conformity discoverable upon reasonable inspection must be made in writing within five (5) business days of delivery. For defects not discoverable through reasonable inspection at the time of delivery, Buyer must provide Seller with written notice immediately after discovery and, in all events, within two (2) years after Buyer’s receipt of ALUCOBOND® products or within six (6) months after Buyer’s receipt of all other products. Failure to provide such notice within such period shall constitute irrevocable acceptance of the products and waiver of such claims. Buyer shall preserve any product subject to a claim, together with all related packaging, records, photographs, and other relevant evidence, and shall provide Seller a reasonable opportunity to inspect before any repair, removal, disposal, or corrective action. Failure to preserve such evidence or allow inspection shall constitute a waiver of the claim. Seller, upon being satisfied of the existence of such non-conformity, will correct the same by replacement of the defective material or making suitable repairs, all costs and charges, including the cost of labor, to remove and replace defective material, to be borne by Buyer. If Seller is unable to correct such non-conformity by replacement of the material whether due to the nature of such non-conformity or the use made by Buyer of the material, Seller will return to Buyer the purchase price, or where appropriate, the unit price for such number or quantity of the material as shall have such non-conformity which Seller is unable to correct, upon Seller's receipt of the non-conforming material F.O.B. its plant: provided, however, no material shall be returned to Seller without its express written consent, and provided further that such receipt of any non-conforming material will not be required where it is no longer possible for Buyer to return the same to Seller. The foregoing is Seller's sole warranty with respect to the product. SELLER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
7. Buyer's exclusive remedy against Seller shall be as set forth in the preceding paragraph. Seller's total cumulative liability arising from or related to any product or order shall not exceed the purchase price actually paid by Buyer for the specific product giving rise to the claim. In no event shall Seller be liable to Buyer, either directly or by way of contribution or indemnity, for direct, special, incidental, tort or consequential damages, or any other damages or any kind whatsoever, such as, but not limited to, property damage, loss of profit, damages based on loss of use of the product, or damages for cover, regardless whether the claim for any such damages be based on breach of warranty, express or implied, breach of contract, tort, or otherwise.
8. Buyer shall indemnify and hold Seller harmless from and against any and all claims, causes of action, judgments and expenses incurred in connection therewith, including reasonable attorney's fees, made upon or brought against Seller by any person whomsoever , which are in any way related to or connected with the product described herein or the manufacture or use of the same, and without limiting the generality of the foregoing, such claims for personal injury, death, property damage, loss of profit, damages based upon loss of use of any product, plant or equipment, patent, trademark or trade name infringement, whether or not such claims are based in whole or in part upon Seller's breach of any warranty, express or implied, negligence, or other tort, or otherwise breach of contract.
9. Seller reserves the right, in its sole discretion, to modify or withdraw credit terms at any time if Buyer’s financial condition, payment history, or creditworthiness is deemed by Seller to be unsatisfactory. In such event, Seller may require full or partial payment in advance, cash on delivery, or other security acceptable to Seller as a condition of further performance. Seller shall have no obligation to ship any goods or perform any services while any invoice is past due. Buyer shall not withhold payment, offset amounts, deduct back charges, or make unilateral deductions from invoices without Seller's prior written consent. Any disputed amounts must be raised separately and shall not relieve Buyer of its obligation to timely pay undisputed invoices. Seller may, without notice and without liability to Buyer, suspend or cancel shipments, deliveries, and/or performance of any or all orders until all past due amounts, and any other amounts deemed insecure by Seller, are paid in full or satisfactory assurances of performance are provided. Buyer’s failure to pay any invoice when due shall constitute a default and shall render all outstanding and future invoices immediately due and payable, without notice. Seller may apply any payments received from Buyer to any outstanding invoices in Seller’s sole discretion. Acceptance of partial payment shall not constitute a waiver of any rights or remedies. Past due amounts shall accrue interest from the due date until paid at the lesser of twelve percent (12%) per annum or the maximum rate permitted by applicable law. Buyer shall be responsible for all costs of collection incurred by Seller, including, without limitation, reasonable attorneys’ fees, court costs, and collection agency fees, to the extent permitted by law.
10. Any equipment, including jigs, dies, tools, printing plates, cylinders, etc., which Seller constructs or acquires solely for use in the production of the product described herein shall be and remain Seller's property. Seller shall at all times have the right to the sole and exclusive possession and control of the same. Any charges made by Seller for any such equipment shall not confer on Buyer any right of any kind with respect to such equipment, except the right to have Seller use the equipment exclusively, for the manufacture of the products described herein, for Buyer. In the event, and for whatever reason, Seller has not used the equipment in the manufacture of the product described herein for Buyer for a period of one year, Seller shall have the right to make such disposition or use (including use of equipment to manufacture products for customers other than Buyer) of the equipment as it, in its sole and exclusive judgment, considers to be appropriate.
11. When returnable non-standard packaging is required in connection with shipment of the products, Seller shall charge Buyer an appropriate deposit, which shall be paid net cash, 30 days, without discount. If the same are returned to point of origin, and in the sole opinion of Seller are in good condition, reasonable wear and tear expected, within a period of six (6) months from date of shipment of the product, Seller will give to Buyer a credit equal to the amount of such deposit. Such credit, however, is subject to a deduction charge for repairs or freight expense incurred for both original delivery and the return, if, in Seller's opinion, repairs are necessary or possible.
12. In addition to the price specified herein, the amount of any present or future tax applicable to the sale, manufacture, delivery, use and or other handling of the product shall be paid by the Buyer.
13. No waiver by Seller of any breach of any previous hereof shall constitute a waiver of any other breach of such provision.
14. This contract is not subject to cancellation unless cancellation is accepted in writing by Seller, and Buyer pays all cancellation charges. Cancellation charges shall include cost of material on hand purchased by Seller for the product described herein, and labor costs for work in progress, plus overhead and reasonable profit. Upon cancellation, all raw materials, work in progress, partially completed product, scrap, and rejected material shall remain the property of Seller and shall not be delivered to Buyer. Seller may use, rework, scrap, destroy, resell, or otherwise dispose of such materials in its sole discretion.
15. These additional terms and conditions apply to export shipments only:
(1) Current export regulations, including those administered by the U.S. Department of Commerce, Bureau of Industry and Security, may require that an export license be obtained to export material of the type offered herein. It is necessary that any such license, if required, be obtained before export.
(2) Buyer shall supply import license, if required.
(3) The Seller reserves all rights to any drawback of U.S. customs duties if obtainable.
(4) All payments are to be made in U.S. dollars against funds in the United States.
(5) Any claim or controversy arising out of or related to this contract, the breach thereof, or the product described on the face hereof shall be settled by arbitration, to be held and conducted in Charlotte, North Carolina in accordance with the rules of the American Arbitration Association.
(6) Notwithstanding warranties stated above, inspection by Buyer and final acceptance to be at Seller's facility prior to shipment, and whether or not Buyer has so inspected the product. Seller shall have no liability or responsibility to Buyer for damages of any kind whatsoever caused by any defect or condition which such inspection should have revealed after the products leave the Seller’s production facility.
(7) The right is reserved to place in the storage at Buyer's expense material not shipped promptly.
16. Buyer and Seller agree to submit any dispute, claim or controversy between them arising out of or under this contract to confidential, final and binding arbitration under North Carolina law, without regard to its choice of law principles, in an arbitration conducted in accordance with the rules of the American Arbitration Association in a hearing convened for such purpose in Charlotte, North Carolina. Within thirty (30) days of the filing of a Notice to Arbitrate, Buyer and Seller shall each appoint a qualified arbitrator to hear and decide the claim or controversy and these two arbitrators shall, within twenty (20) days of the appointment or the last so appointed, appoint a third qualified arbitrator to be Chairman of the panel. Should the parties, within the time limits given, be unable or unwilling to appoint their respective arbitrators, or should the two arbitrators chosen by the parties be unable or unwilling to appoint a third arbitrator to be Chairman of the panel, then the American Arbitration Association shall appoint a panel of three arbitrators to hear and decide the claim or controversy at issue. Judgment in an award rendered in Arbitration hereunder may be entered in a jurisdiction, or application may be made to any court of record for confirmation of such award or a judicial acceptance of such award and for an order of enforcement or other legal remedy, as the case may be. Consent is hereby given by the parties to the jurisdiction of any such court regarding any matter arising out of such arbitration or the enforcement of any such award. All costs of the prevailing party to any arbitration hereunder are to be reimbursed by the other.
17. In compliance with the Foreign Corrupt Practices Act (FCPA), no company officer, employee or agent has authority to offer, promise, make or facilitate the making of payments to a foreign official to induce that official to affect any government act or decision in a manner that will assist the Company or any of its affiliates, subsidiaries or divisions to obtain or retain business or any advantage. Furthermore, every officer, employee and agent is obligated by company policy and federal law to keep books, records, and accounts that accurately and fairly reflect all transactions and disposition of Company assets.
18. Any product manufactured, distributed and/or provided by Seller and obtained or purchased by Buyer, whether for distribution, resale, use or otherwise, shall be labeled in compliance with California Health and Safety Code Section 25249.5 et seq. and any regulations promulgated pursuant thereto (“Prop 65”), and 40 CFR § 84.58 labeling requirements, if applicable. Buyer acknowledges that Seller has provided Buyer with all information required by Prop 65 and 40 CFR § 84.58 labeling requirements, if applicable, with respect to products delivered to Buyer by Seller, and Buyer acknowledges receipt of same. Buyer must notify Seller of any sale or offer for sale of any product without a required Prop 65 or 40 CFR § 84.58 label. Buyer agrees to certify to Seller its compliance with any and all instructions provided in accordance herewith, as required by Prop 65, 40 CFR § 84.58, and any applicable regulations and otherwise as Seller may reasonably request from time to time. Buyer agrees to indemnify Seller for all claims, actions and suits arising from any actual or alleged violation of Prop 65, 40 CFR § 84.58, and any applicable regulations relating in any way to any product provided by Seller to Buyer.
© 2026 3A Composites USA Inc. All Rights Reserved.
1. Unless expressly stated otherwise on the face of this document, all products are sold FCA Seller’s plant under the then-current Incoterms® rules published by the International Chamber of Commerce as of the date Seller accepts the applicable order, with Buyer responsible for all freight, insurance, taxes, duties, customs charges, and other transportation-related charges. Title to and risk of loss for products shall pass to Buyer upon Seller's delivery of the products to the carrier or Buyer's designated representative at Seller's plant, regardless of freight terms or transportation arrangements. All prices, surcharges, and delivery terms are subject to change, without notice, to the prices and delivery terms in effect at the time of shipment.
2. Seller shall not be liable for damages including but not limited to damages based on cover or consequential damages or loss of profits or damages based upon loss of the product, for any failure to or delay in delivery due to acts of God, floods, tornadoes, hurricanes, earthquakes or other weather conditions, accidents (whether or not caused or contributed to by Seller's negligence), strikes or other labor disputes (whether against Seller, its suppliers or carriers, and whether or not due to the fault of Seller), delay of carriers, shortages of materials, fuel or energy, breakdown of Seller's equipment, orders, requirements or requests of any government, government agency, or any officer or official thereof, or any similar causes, whether or not beyond Seller's control. In the event that there is a delay in delivery due to such cause or causes, Seller shall have the option to cancel without any liability to Buyer or to make delivery within a reasonable time after the termination of the cause or causes of the delay.
3. This Acknowledgement is expressly made conditional on Buyer's assent to all terms and conditions contained herein, including those which are different from or in addition to any terms and conditions contained in any form heretofore or hereafter, supplied by Buyer or Seller, and Buyer's acceptance of the products shall be conclusive evidence of such assent. Seller hereby gives notice that it objects to any terms or conditions contained in any form or document heretofore or hereafter supplied by Buyer to Seller which are in addition to or different from the terms and conditions herein contained.
4. The terms and conditions of this Acknowledgement shall constitute the sole and exclusive agreement between Buyer and the Seller, and the same may not be altered, amended, modified or rescinded except by a writing signed by the Buyer and Seller.
5. Shipping date is Seller's best estimate and will not operate to bind Seller to ship or make deliveries on the dates stated herein.
6. Seller, subject to the conditions set forth herein, warrants that the material referenced herein will be free from defects in material and in workmanship related thereto. This warranty does not apply to materials which have been or are exposed to smoke, fire, radiation, salt spray, organic solvents, concentrated detergents, wetting agents, harmful fumes or foreign substances in the atmosphere or to materials damaged by malicious mischief, vandalism, improper handling, improper storage or improper installation. Buyer is solely responsible for ensuring that products are suitable for Buyer's intended application, fabrication methods, installation conditions, end-use environment, and compliance with all applicable laws, codes, regulations, and industry standards. Seller shall have no liability arising from fabrication, installation, engineering design, system integration, improper use, or incompatibility with other materials or components. Subject to the foregoing, Buyer shall inspect all products immediately upon receipt. Any claim for shortage, shipping damage, visible defect (in the case of Alucobond® while masking is in place), incorrect shipment, or other non-conformity discoverable upon reasonable inspection must be made in writing within five (5) business days of delivery. For defects not discoverable through reasonable inspection at the time of delivery, Buyer must provide Seller with written notice immediately after discovery and, in all events, within two (2) years after Buyer’s receipt of ALUCOBOND® products or within six (6) months after Buyer’s receipt of all other products. Failure to provide such notice within such period shall constitute irrevocable acceptance of the products and waiver of such claims. Buyer shall preserve any product subject to a claim, together with all related packaging, records, photographs, and other relevant evidence, and shall provide Seller a reasonable opportunity to inspect before any repair, removal, disposal, or corrective action. Failure to preserve such evidence or allow inspection shall constitute a waiver of the claim. Seller, upon being satisfied of the existence of such non-conformity, will correct the same by replacement of the defective material or making suitable repairs, all costs and charges, including the cost of labor, to remove and replace defective material, to be borne by Buyer. If Seller is unable to correct such non-conformity by replacement of the material whether due to the nature of such non-conformity or the use made by Buyer of the material, Seller will return to Buyer the purchase price, or where appropriate, the unit price for such number or quantity of the material as shall have such non-conformity which Seller is unable to correct, upon Seller's receipt of the non-conforming material F.O.B. its plant: provided, however, no material shall be returned to Seller without its express written consent, and provided further that such receipt of any non-conforming material will not be required where it is no longer possible for Buyer to return the same to Seller. The foregoing is Seller's sole warranty with respect to the product. SELLER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
7. Buyer's exclusive remedy against Seller shall be as set forth in the preceding paragraph. Seller's total cumulative liability arising from or related to any product or order shall not exceed the purchase price actually paid by Buyer for the specific product giving rise to the claim. In no event shall Seller be liable to Buyer, either directly or by way of contribution or indemnity, for direct, special, incidental, tort or consequential damages, or any other damages or any kind whatsoever, such as, but not limited to, property damage, loss of profit, damages based on loss of use of the product, or damages for cover, regardless whether the claim for any such damages be based on breach of warranty, express or implied, breach of contract, tort, or otherwise.
8. Buyer shall indemnify and hold Seller harmless from and against any and all claims, causes of action, judgments and expenses incurred in connection therewith, including reasonable attorney's fees, made upon or brought against Seller by any person whomsoever , which are in any way related to or connected with the product described herein or the manufacture or use of the same, and without limiting the generality of the foregoing, such claims for personal injury, death, property damage, loss of profit, damages based upon loss of use of any product, plant or equipment, patent, trademark or trade name infringement, whether or not such claims are based in whole or in part upon Seller's breach of any warranty, express or implied, negligence, or other tort, or otherwise breach of contract.
9. Seller reserves the right, in its sole discretion, to modify or withdraw credit terms at any time if Buyer’s financial condition, payment history, or creditworthiness is deemed by Seller to be unsatisfactory. In such event, Seller may require full or partial payment in advance, cash on delivery, or other security acceptable to Seller as a condition of further performance. Seller shall have no obligation to ship any goods or perform any services while any invoice is past due. Buyer shall not withhold payment, offset amounts, deduct back charges, or make unilateral deductions from invoices without Seller's prior written consent. Any disputed amounts must be raised separately and shall not relieve Buyer of its obligation to timely pay undisputed invoices. Seller may, without notice and without liability to Buyer, suspend or cancel shipments, deliveries, and/or performance of any or all orders until all past due amounts, and any other amounts deemed insecure by Seller, are paid in full or satisfactory assurances of performance are provided. Buyer’s failure to pay any invoice when due shall constitute a default and shall render all outstanding and future invoices immediately due and payable, without notice. Seller may apply any payments received from Buyer to any outstanding invoices in Seller’s sole discretion. Acceptance of partial payment shall not constitute a waiver of any rights or remedies. Past due amounts shall accrue interest from the due date until paid at the lesser of twelve percent (12%) per annum or the maximum rate permitted by applicable law. Buyer shall be responsible for all costs of collection incurred by Seller, including, without limitation, reasonable attorneys’ fees, court costs, and collection agency fees, to the extent permitted by law.
10. Any equipment, including jigs, dies, tools, printing plates, cylinders, etc., which Seller constructs or acquires solely for use in the production of the product described herein shall be and remain Seller's property. Seller shall at all times have the right to the sole and exclusive possession and control of the same. Any charges made by Seller for any such equipment shall not confer on Buyer any right of any kind with respect to such equipment, except the right to have Seller use the equipment exclusively, for the manufacture of the products described herein, for Buyer. In the event, and for whatever reason, Seller has not used the equipment in the manufacture of the product described herein for Buyer for a period of one year, Seller shall have the right to make such disposition or use (including use of equipment to manufacture products for customers other than Buyer) of the equipment as it, in its sole and exclusive judgment, considers to be appropriate.
11. When returnable non-standard packaging is required in connection with shipment of the products, Seller shall charge Buyer an appropriate deposit, which shall be paid net cash, 30 days, without discount. If the same are returned to point of origin, and in the sole opinion of Seller are in good condition, reasonable wear and tear expected, within a period of six (6) months from date of shipment of the product, Seller will give to Buyer a credit equal to the amount of such deposit. Such credit, however, is subject to a deduction charge for repairs or freight expense incurred for both original delivery and the return, if, in Seller's opinion, repairs are necessary or possible.
12. In addition to the price specified herein, the amount of any present or future tax applicable to the sale, manufacture, delivery, use and or other handling of the product shall be paid by the Buyer.
13. No waiver by Seller of any breach of any previous hereof shall constitute a waiver of any other breach of such provision.
14. This contract is not subject to cancellation unless cancellation is accepted in writing by Seller, and Buyer pays all cancellation charges. Cancellation charges shall include cost of material on hand purchased by Seller for the product described herein, and labor costs for work in progress, plus overhead and reasonable profit. Upon cancellation, all raw materials, work in progress, partially completed product, scrap, and rejected material shall remain the property of Seller and shall not be delivered to Buyer. Seller may use, rework, scrap, destroy, resell, or otherwise dispose of such materials in its sole discretion.
15. These additional terms and conditions apply to export shipments only:
(1) Current export regulations, including those administered by the U.S. Department of Commerce, Bureau of Industry and Security, may require that an export license be obtained to export material of the type offered herein. It is necessary that any such license, if required, be obtained before export.
(2) Buyer shall supply import license, if required.
(3) The Seller reserves all rights to any drawback of U.S. customs duties if obtainable.
(4) All payments are to be made in U.S. dollars against funds in the United States.
(5) Any claim or controversy arising out of or related to this contract, the breach thereof, or the product described on the face hereof shall be settled by arbitration, to be held and conducted in Charlotte, North Carolina in accordance with the rules of the American Arbitration Association.
(6) Notwithstanding warranties stated above, inspection by Buyer and final acceptance to be at Seller's facility prior to shipment, and whether or not Buyer has so inspected the product. Seller shall have no liability or responsibility to Buyer for damages of any kind whatsoever caused by any defect or condition which such inspection should have revealed after the products leave the Seller’s production facility.
(7) The right is reserved to place in the storage at Buyer's expense material not shipped promptly.
16. Buyer and Seller agree to submit any dispute, claim or controversy between them arising out of or under this contract to confidential, final and binding arbitration under North Carolina law, without regard to its choice of law principles, in an arbitration conducted in accordance with the rules of the American Arbitration Association in a hearing convened for such purpose in Charlotte, North Carolina. Within thirty (30) days of the filing of a Notice to Arbitrate, Buyer and Seller shall each appoint a qualified arbitrator to hear and decide the claim or controversy and these two arbitrators shall, within twenty (20) days of the appointment or the last so appointed, appoint a third qualified arbitrator to be Chairman of the panel. Should the parties, within the time limits given, be unable or unwilling to appoint their respective arbitrators, or should the two arbitrators chosen by the parties be unable or unwilling to appoint a third arbitrator to be Chairman of the panel, then the American Arbitration Association shall appoint a panel of three arbitrators to hear and decide the claim or controversy at issue. Judgment in an award rendered in Arbitration hereunder may be entered in a jurisdiction, or application may be made to any court of record for confirmation of such award or a judicial acceptance of such award and for an order of enforcement or other legal remedy, as the case may be. Consent is hereby given by the parties to the jurisdiction of any such court regarding any matter arising out of such arbitration or the enforcement of any such award. All costs of the prevailing party to any arbitration hereunder are to be reimbursed by the other.
17. In compliance with the Foreign Corrupt Practices Act (FCPA), no company officer, employee or agent has authority to offer, promise, make or facilitate the making of payments to a foreign official to induce that official to affect any government act or decision in a manner that will assist the Company or any of its affiliates, subsidiaries or divisions to obtain or retain business or any advantage. Furthermore, every officer, employee and agent is obligated by company policy and federal law to keep books, records, and accounts that accurately and fairly reflect all transactions and disposition of Company assets.
18. Any product manufactured, distributed and/or provided by Seller and obtained or purchased by Buyer, whether for distribution, resale, use or otherwise, shall be labeled in compliance with California Health and Safety Code Section 25249.5 et seq. and any regulations promulgated pursuant thereto (“Prop 65”), and 40 CFR § 84.58 labeling requirements, if applicable. Buyer acknowledges that Seller has provided Buyer with all information required by Prop 65 and 40 CFR § 84.58 labeling requirements, if applicable, with respect to products delivered to Buyer by Seller, and Buyer acknowledges receipt of same. Buyer must notify Seller of any sale or offer for sale of any product without a required Prop 65 or 40 CFR § 84.58 label. Buyer agrees to certify to Seller its compliance with any and all instructions provided in accordance herewith, as required by Prop 65, 40 CFR § 84.58, and any applicable regulations and otherwise as Seller may reasonably request from time to time. Buyer agrees to indemnify Seller for all claims, actions and suits arising from any actual or alleged violation of Prop 65, 40 CFR § 84.58, and any applicable regulations relating in any way to any product provided by Seller to Buyer.
© 2026 3A Composites USA Inc. All Rights Reserved.