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Kannar Terms of Sale

SPECIFIC TERMS

  • Products are shipped with payment due upon receipt. Terms apply only if communicated in writing.
  • We gladly prepay and add freight.
  • Payment can be made via company check, wire transfer or direct deposit.
  • Lead-times vary by product.
  • Prices quoted are subject to change without notice and all products are subject to availability. By placing a blanket order, you secure product pricing and help secure product availability.
  • $35 return check fee and finance charges of 1.5% per month or the maximum allowed by law will be charged the Customer by Kannar on all late payments. Product will be subject to a two week “check clearing holding period” by Kannar if Customers pays with a check of $5,000 or more.
  • Product is sold FOB the Kannar manufacturing facility or FOB the Kannar warehouse from where product ships.
  • Free container recycling is offered by a third party with
    • Minimum eight totes and/or
    • Minimum thirty drums

 

GENERAL TERMS

All orders are subject to acceptance by Kannar Earth Science, Ltd. (“Kannar”).  Acceptance by Kannar will be effective when communicated in writing to Customer on our standard “Order Acceptance Form”.  The receipt or deposit by Kannar of a Customer down payment will not constitute acceptance of an order.  Any down payment received from Customer will be returned if Kannar does not accept the order.

Kannar will arrange for delivery of Products and Customer will pay for transportation in accordance with the Kannar published transportation charges in effect at the time of delivery or, if Kannar has not published any such charges, Customer will pay Kannar for transportation charges actually incurred.

Customer will pay any tax Kannar becomes obligated to pay by virtue of this Agreement, exclusive of taxes based on the net income of Kannar. All personal property and similar taxes assessed after shipment will be paid by Customer.

EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE. KANNAR DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AS TO BOTH KANNAR AND NON KANNAR PRODUCTS AND SERVICES. KANNAR WARRANTIES EXTEND SOLELY TO CUSTOMER.

Kannar warrants that Products will be free from defects in material and workmanship and will substantially conform to relevant Kannar published specifications at the time of shipment. Kannar will replace any Products that at the time of shipment do not conform to Kannar’s specifications, provided such defects are promptly reported or sent to Kannar by Customer. Customer will pay transportation costs to return Products to Kannar. Kannar will reimburse such transportation costs and the return transportation costs if the Kannar determines the Products were in fact defective. The entire liability of Kannar and Customer’s exclusive remedy for any defective Products provided under this Agreement is limited to their return to Kannar within 90 days after shipment for refund of the amount paid to Kannar for such Products.

Subject to other limitations elsewhere in this Agreement, the entire liability of Kannar and Customer’s exclusive remedy for damages from any cause related to or arising out of this Agreement, regardless of the form of action, whether in contract or in tort, will not exceed $1,000. In no event will Kannar be liable for (a) any incidental, indirect, special or consequential damages, including, but not limited to, loss of use, revenues, profits or savings, even if Kannar knew or should have known of the possibility of such damages, or (b) claims, demands or actions against Customer by any person.

All risk of loss or damage to Products will pass to Customer upon shipment.

Neither party will be liable for failure to fulfill its obligations when due to causes beyond its reasonable control.

Any failure or delay by either party in exercising any right or remedy will not constitute a waiver.

THIS AGREEMENT WILL BE GOVERNED BY THE LOCAL LAWS OF THE STATE OF GEORGIA.  

This Agreement constitutes the entire agreement between the parties with respect to the Products provided hereunder and supersedes all prior proposals and agreements, both written and oral, and all other written and oral communications between the parties. The terms and conditions of this Agreement will supersede all other terms and conditions submitted by Customer, including any preprinted terms on any Customer purchase orders.

Kannar may assign this Agreement or the right to receive payments, without Customer’s consent. Any such assignment, however, will not change the obligations of Kannar to Customer. Customer will not assign or transfer its rights or obligations under this Agreement without prior written consent of Kannar. Any assignment or transfer prohibited by this provision will be void.

The terms and conditions of this Agreement may be modified only by a writing signed by Kannar’s President.

Each paragraph and provision of this Agreement is severable, and if one or more paragraphs or provisions are declared invalid, the remaining provisions of this Agreement will remain in full force and effect.