CHEM-CRETE ONLINE STORE'S SALES POLICIES Last Revised: 4/15/2008

>GENERAL SALES POLICY (TERMS AND CONDITIONS OF SALE

MATERIALS SOLD “AS-IS”. Unless otherwise noted, or arrangements are made in advance, all materials sold by International Chem-Crete are sold on an “as-is” basis. Materials are warranted for defects in materials or manufacture as noted below and in the Returns Policy.

PAYMENT OPTIONS. All orders through this on-line store (website) must be PREPAID.

PREPAID TERMS. Customers must pay material and freight charges associated with an order in full by credit card, check, or wire before material will be shipped. This on-line store (website) is set up for payments to be made through PayPal.

PRICES. All prices are given in US dollars for delivery to destinations within the United States or its territories. Each item has a separate price per specific item or per unit price. Distributor (or bulk) pricing quotes can be obtained by contacting International Chem-Crete by phone at 1-800-480-0878 or by sending an email to chem-crete@chem-crete.biz. Orders from outside the United States may be subject to additional distributor, customs, and shipping charges.

PAYMENT TERMS. As noted above, all orders must be prepaid before shipment. This on-line store is only set up for prepaid shipments. Customers who want to set up credit or direct billing arrangements should contact International Chem-Crete by phone at 1-800-480-0878 or send an email to chem-crete@chem-crete.biz.

CREDIT (Direct Bill) CUSTOMERS. Credit may be set up with International Chem-Crete by filling out a Credit Application with appropriate trade and bank references. This credit application must be approved in advance by International Chem-Crete before materials can be shipped. A credit application can be obtained by contacting International Chem-Crete by phone at 1 800 480 0878 or emailing chem-crete@chem-crete.biz. In order to establish a credit (direct billing) line with International Chem-Crete, a minimum initial order of $500 (five hundred US dollars) must be made. International Chem-Crete reserves the right to refuse credit at its sole discretion to any customer (buyer). International Chem-Crete also reserves the right at any time to alter or suspend credit, or change credit lines, or to change terms provided herein. International Chem-Crete may withhold any and all subsequent deliveries upon failure to pay an invoice at a due date.

INTEREST AND LATE PAYMENTS. Customer (buyer) agrees to pay to International Chem-Crete (seller) all reasonable and necessary attorney's fees necessitated to collect amounts for unauthorized chargebacks or returned checks.


CANCELLATION OF ORDER. Orders can only be canceled with International Chem-Crete's written approval. A restocking fee of 15% may be charged on canceled orders at International Chem-Crete's sole discretion if materials for a canceled order can be returned to stock in a saleable condition.

FREIGHT POLICY
International Chem-Crete can ship to virtually any address in the world. Note that there may be restrictions on some products, and some products cannot be shipped to international destinations due to customs restrictions or local law. International Chem-Crete will notify Customer of any problems prior to shipping. When Customer places an order, International Chem-Crete will estimate shipping and delivery dates for the order based on the availability of items and the shipping options chosen.

FREIGHT RATES. Please note that the shipping rates for materials that International Chem-Crete sells are weight-based. To reflect the policies of the shipping companies we use, all weights will be rounded up to the next full pound. Shipping costs for orders will depend upon the method and option Customer (buyer) chooses. Due to the rising costs of fuel, many shippers are adding fuel surcharges to their base rates, and International Chem-Crete has no control over the fees charged by freight carriers. All shipments will be sent selecting the best method to serve the delivery needs of the Customer and keep costs as low as possible.

FREIGHT TERMS. All shipments are COLLECT, FOB International Chem-Crete's shipping point (Burleson, Texas 76028). Freight charges are included in the prepaid total given to the Customer at the time order is placed.

DELIVERY TIMES. Any promised delivery date is the best estimate possible of when the materials will be shipped. When Customer places an order, International Chem-Crete will estimate shipping and delivery dates based on the availability of items and the shipping options that are chosen. Shipping date estimates will appear in the order form. After placing order, Customer will see both shipping and delivery date estimates in the order confirmation e-mail and in the order summary in Your Account.

SHIPMENTS AND CARRIERS. International Chem-Crete routes all shipments in the most expedient manner. Our preferred freight vendor for this on-line store is UPS (United Parcel Service). International Chem-Crete is not liable for any loss or damage caused by delays in shipping. In the event of delays, International Chem-Crete will notify Customer (buyer) of such delays in a timely manner to the best of its knowledge and ability.

DELIVERY. Customer (buyer) should inspect all material when it is delivered. If materials arrive in damaged condition, Customer (buyer) must contact International Chem-Crete (seller) immediately so that a claim may be filed with the shipper to expedite refund or replacement of materials (see Return/Refund policy). If customer (buyer) does not notify International Chem-Crete immediately of any damage in shipping, any materials on order will be noted as “delivered in good condition”.

LOSS IN TRANSIT AND ENVIRONMENTAL RESPONSIBILITY. Title and risk of loss in transit pass to Customer (buyer) at the time of delivery to customer (buyer) or its carrier (if delivery terms are FOB Seller's shipping point) in accordance with all applicable federal, state, or local laws or regulations including, but not limited to, the Department of Transportation and Environmental Protection Agency regulations for hazardous substances. International Chem-Crete (seller) shall not be liable for any discharge, spill or any other incident, including but not limited to expenses for any clean-up costs, involving any materials transported hereunder.

FORCE MAJEURE. International Chem-Crete is not liable for any delay in delivery or for non-delivery, in whole or in part, caused by occurrence of contingency beyond control of International Chem-Crete or caused by nature, shortage of labor, fuel, raw material or machinery or technical failure. If contingency occurs, International Chem-Crete may only ship a part of Customer's order (but will notify Customer in writing of the problem and offer alternatives for fulfillment or refund).

WARRANTY AND LIMITATION OF REMEDIES. All goods sold by International Chem-Crete are warranted to be free from defects in material and workmanship.
THIS EXPRESS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Customer (buyer) must determine the suitability of materials sold by International Chem-Crete for their specific application. International Chem-Crete can make recommendations about the options of materials available and application methods, but the Customer (buyer) is responsible for final purchasing and application decisions. International Chem-Crete limits its responsibility and remedy to replacement of non-conforming materials or allowance of credit or refund at its discretion for a portion or all of the purchase price.

GOVERNING LAW. All parts of sales agreement between Customer (buyer) and International Chem-Crete (a legal entity having a principal office in Texas) shall be construed, interpreted and the rights of parties involved determined in accordance with the laws of the State of Texas.


RETURN POLICY
PLEASE NOTE: You must contact Customer Service at 1 800 480 0878 or chem-crete@chem-crete.biz to obtain a return authorization BEFORE returning any items purchased from International Chem-Crete Corp. Items returned without contacting us may not be routed correctly and may not reach us in a timely fashion to get your refund or exchange.

30 DAY LIMIT ON RETURNS. Most materials may be returned to International Chem-Crete Corp. within 30 (thirty) days of delivery with a properly approved return authorization.

PAYMENT OF FREIGHT CHARGES. If the return is due to an error by International Chem-Crete Corp, International Chem-Crete Corp will pay return freight. If the return is due to an error by buyer, freight will be at buyer’s expense.
You may return material purchased from International Chem-Crete Corp. if it meets the following guidelines:

CONDITION. All returns must be made in saleable condition in the original packaging. Materials must be in their original condition and same quantity/weight/condition for a full refund (other than defects in materials or manufacture). Packages must be unopened and none of the materials used for a full refund of purchase price or credit on future purchase. You must return materials with any parts or literature and a copy of your receipt or packing slip for materials. Return freight to International Chem-Crete Corp. is non-refundable (for reasons other than defects in materials or manufacture). International Chem-Crete Corp. carefully monitors all returns and reserves the right to deny any return other than for defects in material or manufacture or where required by law.

LOCATION OF RETURN. You may return materials by authorized freight forwarder to our corporate address, which will be given to buyer when they contact Customer Service. Due to cost of freight and weight of materials, returns MUST be coordinated with International Chem-Crete Corp. Customer Service at 1 800 480 0878 or chem-crete@chem-crete.biz for proper tracking.

LIMITS ON RETURNS. There is a 30 (thirty) day return period for materials (other than defects in materials or manufacture). Discontinued materials cannot be returned for credit or refund unless they are being returned for defects in manufacture or materials. There is a 15% restocking fee for materials returned (other than for defects in materials or manufacture).

SHIPPING COSTS ON RETURNED MATERIALS. International Chem-Crete Corp. does not pay shipping costs on returned materials (unless due to defects in materials or manufacture). Refunds or credits on materials require inspection of returned materials once we receive them.

RESTOCKING FEE. There is a 15% restocking fee for returned items that are not being replaced due to damage in shipping OR being returned due to defective materials or manufacture.

INSPECTION UPON RECEIPT OF MATERIALS. Customer should inspect all material when it is delivered. If materials arrive in damaged condition, you should contact agent or International Chem-Crete immediately so that a claim with the shipper may be filed to expedite your refund or replacement of materials. If you do not notify International Chem-Crete immediately of any damage in shipping, any materials will be noted as “delivered in good condition”. All shipments are FOB seller’s (International Chem-Crete’s) shipping point, unless otherwise agreed upon in writing.

RETURN OF DEFECTIVE MATERIALS. Return of defective materials must be coordinated with Customer Service at International Chem-Crete Corp. and must be accompanied by explanation in writing of the problem, what procedures the customer used for application, and contact information should further information be needed. Any item returned after 30 days or without contacting International Chem-Crete Corp. in advance will not be refunded. Defective material is subject to inspection by International Chem-Crete Corp manufacturing and technical personnel prior to refund or replacement. International Chem-Crete Corp. at its sole discretion will determine if material is defective and will replace material only. Freight for replacement materials due to defects in materials or manufacturing will be paid for by International Chem-Crete Corp. International Chem-Crete Corp is not responsible for any material replacement required by improper application of materials, buyer’s improper handling of materials, or defects in materials to which International Chem-Crete Crop. materials are applied.


CONTACT INFO
Contact customer service by e-mail or by phone at 1-800-480-0878 during normal business hours, 8:30 AM to 5:30 PM, U.S. Central Time Zone, Monday-Friday to obtain a return authorization BEFORE returning any items purchased from International Chem-Crete Corp.