Hummel Croton Inc.
10 Harmich Road
South Plainfield, NJ 07080

Changes & Cancellation: No change by seller of any term or condition of this contract or any of seller's rights or remedies there under shall be binding on seller, nor shall the order hereby acknowledged be canceled or changed by buyer, unless seller shall expressly consent there to in writing by seller's authorized officer. There are no representations, agreements, promises or understandings between buyer and seller that are not expressed herein. Products are sold only to recognized organizations and the federal government. We do not sell our products to individuals.

Method of Shipment: We ship via commercial trucking, air and ups under regulations governing such transport.

Return Goods: Material cannot be returned for credit without prior approval, either in writing or by verbal authorization from a Hummel sales administrator.

Prices: We strive to avoid price increases, but reserve the right to do so anytime the market demands.Modest pallet charge to all orders. To those picking up their own material, we recommend bringing sufficient wood pallets to use as an exchange. This will void the pallet charge.

Since Hummel Croton does not control or have knowledge of its customers' processes and specific uses of Hummel products, the fitness of Hummel products for its customers' particular needs can not be warranted. Consequently, Hummel disclaims any implied or expressed warranties of fitness for a particular use, process or purpose.

Use: Most of our chemicals are offered for industrial use only. They are not for drug, household or other similar uses. This means that they:

For certain chemicals we may ask buyer to provide written assurance That the chemical will neither be purchased nor resold for an improper use.

Toxicity and Hazards: All of our chemicals should be handled only by qualified individuals trained in laboratory or manufacturing procedures and familiar with their potential hazards. Some chemicals are extremely toxic or otherwise hazardous.

In this catalog/handbook/web page, we do provide hazard warnings and literature references, such as SAX (dangerous properties of industrial materials) and the registry of toxic effects of chemical substances (RTECS).

We also attempt to provide adequate warnings of possible hazards on our labels, so that the information will be available to the trained technical person using our product.

Material safety data sheets are available for all of our chemicals to our customers upon request !

The absence of a warning must not be interpreted as an indication of safety. We must emphasize that information is not available on the possible hazards of many compounds.

Limitation of liability: The limit of Hummel's liability for any products which do not conform to the specifications in this catalog or their labels shall be replacement of the non-conforming product or reimbursement of the purchase price. Hummel expressly disclaims liability for consequential damages for breach of any express or implied warranties, including the implied warranty of merchantability.

Claims for Lost or Damaged Shipments: Our products are generally sold F.O.B. shipping point, fully insured at the buyer's expense, if requested on written purchase order. However, if you should need assistance in filing a claim for a lost, incomplete or damaged shipment, we will be happy to help you. Please inspect packages immediately upon receipt and inform our customer service department of any shortages or damage within 5 days of receipt.

Delivery, claims, delays-unless specified differently in writing, all sales are F.O.B. seller's shipping point. Delivery of goods to the carrier at seller's plant or other loading point, shall constitute delivery to Buyer and regardless of shipping terms, all risk of loss or damage in transit shall be borne by buyer. Seller reserves the right to make delivery in installments, all such installments to be separately invoiced and paid for when due per invoice, without regard to subsequent deliveries.

Delay in delivery of any installment shall not relieve buyer of buyer's obligations to accept remaining deliveries.

Immediately upon buyer's receipt of any goods shipped there under buyer shall inspect the same and shall notify seller in writing of any claims for shortages, defects or damages and shall hold the goods for seller's written instructions concerning disposition. If buyer shall fail to so notify seller within five days after the goods have been received by buyer, such goods shall conclusively be deemed to conform to the terms and conditions hereof and to have been irrevocably accepted by the buyer.

Seller shall not be liable for any loss, damage or penalty as a result of any delay in or failure to manufacture, deliver or otherwise perform there under due to any cause beyond seller's reasonable control, including, without limitation, unsuccessful reactions, act, regulation or request affecting the conduct of seller's business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labor difficulties, lightning, flood, windstorm or other acts of God, delay in transportation, or inability to obtain necessary labor, fuel, materials, supplies or power at current prices.

General Conditions of Sale: Allocation of goods-if seller is unable for any reason to supply the total demands for goods specified in buyer's order, seller may allocate its available supply among any or all buyers on such basis as seller may deem fair and practical, without liability for any failure of performance which may result therefrom. Any use tax, sales tax, excise tax, duty, custom inspection or testing fee, or any other tax, fee or charge of any nature whatsoever imposed by any governmental authority, on or measured by the transaction between seller and buyer shall be paid by buyer in addition to the prices quoted or invoiced. In the event seller is required to pay any such tax, fee or charge, buyer shall reimburse seller therefore; or, in lieu of such payment, buyer shall provide seller at the time the order is submitted an exemption certificate or other document acceptable to the authority imposing the tax, fee or charge.

Warranties: Seller warrants that its products shall conform to the description of such products as provided in seller's analytical information report or other literature, if furnished to buyer. This warranty is exclusive, and seller makes no other warranty, express or implied, including any implied warranty of merchantability or fitness for any particular purpose. Seller's warranties made in connection with this sale shall not be effective if seller has determined, in its sole discretion, that buyer has misused the products in any manner or has failed to use the products in accordance with instructions, if any, furnished by seller.

Seller's sole and exclusive liability and buyer's exclusive remedy with respect to products proved to seller's satisfaction to be defective or non conforming shall be the replacement of such products without charge or refund of the purchase price, in seller's sole discretion, upon the return of such products in accordance with seller's instructions. Seller shall not be liable for any incidental, consequential or contingent damages.

Buyer has the responsibility to verify the hazards and to conduct any further research necessary to learn the hazards involved in using products purchased from seller. Buyer also has the duty to warn buyer's customers and any auxiliary personnel (such as freight handlers, etc.) Of any risks involved in using or handling the products. Buyer agrees to comply with instructions, if any, furnished by seller relating to the use of the products and not misuse the products in any manner. If the products purchased from seller are to be repackaged, relabeled or used as starting material or components of other products, buyer will verify seller's assay of the products.

No products purchased from seller shall be considered to be foods, drugs or cosmetics; nor, except if labeled "for in vitro diagnostic use", to be devices.

Buyer agrees to indemnify and hold seller harmless from and against any and all losses, damages and expenses (including attorney's fees and other costs of defending any action) that seller may sustain or incur as a result of any claim of negligence, breach of implied warranty, strict liability in tort or other theory of law, by buyer, its officers, agents or employees, its successors and assigns, and its customers, whether direct or indirect, in connection with the use of seller's products, or by reason of buyer's failure to perform the obligations contained. Buyer shall notify seller within 15 days of buyer's receipt of knowledge of any accident involving seller's products resulting in personal injury or damage to property, and buyer shall fully cooperate with seller in the investigation and determination of the cause of such accident and shall make available to seller all statements, reports and tests made by buyer or made available to buyer by others. The furnishings of such information to seller and any investigation by seller shall not constitute an assumption of any liability by seller.