Terms and Conditions

TERMS AND CONDITIONS FOR SALE AGREEMENT

The undersigned (hereafter referred to as "the purchaser") agrees that all purchases made by the purchaser from HUNTSMAN INC. or any of its subsidiaries and affiliated entities (hereafter referred to as "the seller") are subject to the following terms and conditions. 

All amounts due for goods and services purchased from the seller are payable at the seller's distribution facility from which the goods and services are delivered. Purchaser acknowledges that such amounts are not payable in installments but are payable in full, as stated herein.

The seller agrees to extend credit to the purchaser and guarantees full performance and compliance with all terms and conditions of this application and all terms and conditions of sale, while the purchaser guarantees the full payment of all outstanding indebtedness to the seller. 

The seller may enforce this guarantee without first resorting to or exhausting other remedies provided herein, or by applicable law. The purchaser waives the right to a third-party due diligence audit, extension of time for payment, notice of acceptance of this guarantee, notice of any kind, and consents to all forbearances and extensions of the time for payment or performance extended by Huntsman Inc. to the applicant hereunder. Furthermore, the purchaser agrees to any changes made to the terms and conditions of the sale to the applicant.

The purchaser also agrees to pay all collection costs and attorney's fees incurred by Huntsman Inc. and any of its subsidiaries in enforcing this guarantee. The purchaser signs this guarantee in consideration of the purchaser’s willingness to enter into this agreement. The terms and conditions of sale set forth below are incorporated herein by reference.

All amounts due to the seller are payable per the payment terms granted by the seller's credit department from which the goods and services are delivered. If any amount due to the seller is not paid under such payment terms, a delinquency charge shall be added to the sum due, which shall equal the amount obtained by multiplying the delinquent balance by the lesser of (a) 2% per month or (b) the maximum lawful rate permitted to be charged under the applicable state's law. 

The purchaser shall pay the seller a service charge in an amount equal to the greater of $50.00 or 5% of the check balance for all checks returned by the purchaser's bank; provided, however, that such a service charge shall not be due and payable in the event such payment would result in the violation of usury laws in the applicable jurisdiction. In the event the purchaser’s account is placed with an attorney or other agency for collection, or a suit is brought on the same, or the same is collected through any judicial proceeding whatsoever, the purchaser shall pay 33.33% attorney's fees of the amount due hereunder, and court costs incurred by the seller.

The purchaser shall notify the seller by certified mail of any change of ownership of the purchaser. The purchaser warrants to the seller that all financial information furnished to obtain credit is accurate, correct, and complete in all material respects. The purchaser authorizes the seller, in connection with the credit evaluation of the purchaser, and, at any time during the purchaser's relationship with the seller, to investigate all references furnished and to obtain credit reports from any lending institution or credit reporting agency.

The parties hereby agree that any litigation involving this agreement, or any sales made by the seller to the purchaser, shall be litigated in the state or county court where the seller's principal place of business is located, and that all parties hereby waive any defenses of jurisdiction that may now or hereafter exist.

The purchaser expressly agrees that the seller shall not be responsible for any product non-conformity as to quantity, quality, or price, unless noted on the original delivery receipt at the time of delivery or unless the seller is notified in writing of any such non-conformity within one day (24 hours) of delivery.

If the purchaser ceases doing business with the seller for any reason, the purchaser will immediately purchase from the seller all remaining special orders and proprietary items in the seller's inventory.

Except as to the quantity of goods ordered, no terms and conditions outlined in any purchase order or other form of the purchaser will apply to sales by the seller to the purchaser.

The purchaser must meet a minimum wholesale order amount to avoid the seller’s charging of a delivery fee. Unless agreed to otherwise, deliveries made within the D.C. Metro Area are subject to a delivery minimum of $300.00 and will incur a delivery charge if they fail to meet the order minimum. Deliveries made outside of the D.C. Metro Area are subject to a delivery minimum of $350.00 and will also incur a delivery charge if they fail to meet the order minimum.