AKINA, INC.
TERMS AND CONDITIONS (POLYMERS)

NOTE: ALL SALES OF POLYMER AND POLYMER BASED PRODUCTS ARE SUBJECT TO THESE TERMS AND CONDITIONS. OUR ACCEPTANCE OF YOUR PURCHASE ORDER OR REQUEST IS CONDITIONED ON YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. ANY TERMS AND CONDITIONS CONTAINED IN ANY PURCHASE ORDERS (OR OTHER INSTRUMENTS) THAT YOU PROVIDE US WHICH ARE IN ADDITION TO OR INCONSISTENT WITH THESE TERMS AND CONDITIONS SHALL NOT BE BINDING ON US AND SHALL NOT APPLY TO THIS TRANSACTION.

1. Prices

All prices quoted herein are for immediate payment by credit card, F.O.B. West Lafayette, IN, and do not include taxes and custom duties. In some cases, purchase may be subject to credit approval. Akina Inc. retains the right to change or withdraw credit terms without notice and to terminate any order when invoices for work done thereon have become delinquent.

2. Minimum Order

Minimums will be established on an order by order basis for custom synthesized polymer compositions.

3. Delivery

The specified delivery date is a good faith estimate of when the product will be shipped based on laboratory loads. We assume no liability for loss, damage or consequential damages due to delays.

4. Shipments

All shipments are F.O.B. West Lafayette, IN U.S.A., unless otherwise specified. Unless otherwise specified by you, standard shipping method will be
Fedex Priority Overnight.  Biodegradable materials will be shipped with dessicant in refrigerated containers.  Additional charges will be applied to the order to cover costs accrued through shipping, handling, and packaging on an order by order basis.  We assume no responsibility for damage, delay, or spoilage after delivery has been made to the carrier agent.  All claims for damages, etc. should be made to the responsible carrier.

5. Fulfillment

Fulfillment of your order entitles you to receive the materials ordered and, when applicable, an accompanying certificate of analysis. Unless otherwise agreed to in writing by us, you are not entitled to any proprietary information relating to the products purchased hereunder or their manufacture thereof, including without limitation analytical methods, manufacturing batch records, or intellectual property. No rights or licenses to any of our intellectual property rights are granted hereunder expressly or by implication.

6. Terms of Payment

Payment must be made in U.S. Dollars, payable to Akina, Inc. and must indicate the invoice number being paid. Payment is accepted by Visa, MasterCard or Discover. Prices are subject to change without notice. If your account with us shows past due amounts, the account will be put on “credit hold” and no further orders will be processed until full payment of past due balances is received.

7. Warranty; Disclaimer

We warrant that our products will meet the applicable specifications when it is shipped. WE MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED.  WE SPECIFICALLY DISCLAIM ALL OTHER WARRANTIES INCLUDING MERCHANTABILITY, QUALITY, FITNESS FOR PURPOSE, OR NON-INFRINGEMENT.

8. Limitation of Liability

WE WILL NOT BE RESPONSIBLE TO YOU IN TORT OR CONTRACT OR UNDER ANY OTHER THEORY OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. OUR SOLE LIABILITY TO YOU ARISING FROM ANY ASPECT OF OUR PERFORMANCE OR SALE OF OUR PRODUCT TO YOU SHALL BE LIMITED TO THE AMOUNTS THAT YOU HAVE PAID US WITH RESPECT TO THE PRODUCT AT ISSUE.

9. Indemnity

You hereby agree to indemnify, defend and hold harmless us, our directors, officers, representatives, agents and employees from and against any and all actions, demands, damages, claims or losses whatsoever. This includes our attorneys’ fees and costs, arising out of your testing or use of any product(s) purchased hereunder or the testing, sale, manufacture or use of any of your products which incorporate any product purchased hereunder, including without limitation any claims, etc. due to damage to property, injuries or death to persons or infringement of the intellectual property rights (including patents) of any person.

10. Returned Goods Policy

No returned merchandise will be accepted for store credit without prior written authorization from us. Our products will be accepted for return only under the following listed conditions:

A. The incorrect quantity or material(s) is shipped due to our error. Written authorization to return merchandise must be requested within 30 days of receipt of shipment.
B. The merchandise does not meet the specifications provided. Written authorization to return merchandise must be requested within 60 days of receipt of shipment.
Any returned merchandise will be subject to inspection, and if found to not meet the warranty, it will be replaced or credited.
C. All returned goods must have all transportation charges prepaid, and should be addressed to Akina, Inc. —Returned Goods Department with a detailed explanation of the reason for return and a copy of our authorization for the return.

11. Taxes

You will be responsible for any and all taxes (other than due to our income) due to the sale of the products hereunder, including export, import, excise, use taxes etc.

12. General

These terms and conditions shall be governed by the laws of Indiana without regard to any applicable conflicts of laws principles. You will be solely responsible for compliance with all laws and regulations with respect to any actions you take or use you make with respect to the products purchased hereunder including without limitation those regarding manufacture, import, use, export or disposal. These terms may not be modified or waived (including by course of performance or dealing) except in writing signed by an authorized representative of us. If any of these Terms and Conditions are held invalid or unenforceable for any reason, that provision is fully severable and will be deemed severed from the remainder of the Terms and Conditions so that the remainder will be construed to be valid and enforceable.