Product Guide OPTIX Acrylic Sheet DURAPLEX Impact Modified Acrylic Sheet VIVAK PETG Sheet ABS Sheet Roll Stock Sign Grade Acrylic Sheet OPTIX LD Light Diffusing Sheet Colored Acrylic Sheet Patterned Acrylic Sheet Picture Frame Glazing Sheet FABBACK Extruded Mirror Sheet Colored Mirror Acrylic Sheet Marine Grade Acrylic Mirror Sheet Aircraft Grade Polycarbonate Mirror Sheet See-Thru Mirror Sheet First-Surface Mirror Sheet ARmadillo Scratch-Resistant Coatings PETG Mirror Sheet Polycarbonate Mirror Sheet KSH Lighting Lens Series Complete Product And Packaging Specifications Inside www.plaskolite.com 1-800-848-9124 1802399.indd 1 3118 939 AM TERMS CONDITIONS or any other similar occurrence Seller is not able to meet anticipated deliveries. Seller shall not be liable therefor and may in its discretion without prior notice to Buyer postpone the delivery dates for a time which is reasonable under all the circumstances. 6. Inspections acceptance and returns Each delivery of Goods shall be inspected by Buyer for observable damage andor non-conformity at the time of delivery. Failure to so inspect shall constitute a waiver of Buyers rights of inspection and shall constitute an unqualified acceptance of the Goods. If after such inspection Buyer attempts to reject any Goods Buyer shall fully specify all claimed damage or non-conformity in a notice of rejection sent to Seller within ten days of Buyers receipt of the Goods. Buyers failure to so specify shall constitute an unqualified acceptance of the Goods and a waiver of that damage or non-conformity. No Goods shall be returned to Seller without Sellers prior written agreement and any Goods returned by Buyer shall be returned in the same condition as when delivery was effected by Seller. No deductions for shortages damages or defective Goods will be allowed without Sellers inspection of the Goods and approval of the deduction. Unauthorized deductions may affect the status of Buyers account with Seller. Orders entered on Selle
rs books cannot be countermanded nor deliveries deferred or Goods returned except upon Sellers written consent and upon terms that will indemnify Seller against loss. If Goods are defective Seller will bear the cost associated with return and restocking. If Goods are not defective and Seller agrees to accept return of Goods a minimum of costs of restocking 15 plus actual cost of return freight will be deducted from any credit due Buyer. 7. Patents etc. Buyer will defend indemnify and hold harmless Seller its successors and assigns from and against any and all claims demands lawsuits liability and judgment for loss costs damages fines penalties and expenses of every kind and nature threatened incurred arising out of or in connection with any alleged infringement of any patent issued by any country by any Goods supplied by Seller hereunder and made specially for Buyer provided that Seller shall give prompt notice to Buyer of any such claim etc. and an opportunity to settle or defend the same as Buyer may see fit and provided further that Seller shall render every reasonable assistance which Buyer may require of it in connection with such claims etc. Seller reserves the right to cancel this order without liability with respect to any Goods the manufacture sale and use of which in the opinion of Seller would infringe any patents now or hereafter issued. 8. Limited warranty warranty disclaimers and limitations of remedies and liabilities herein. Any Goods determined by Seller to have been defective or not in accordance herewith at time of delivery will be replaced or credited at Sellers option provided Buyer has acted in accordance with Paragraph 6 hereof. No item shall be deemed defective or not in accordance herewith if such item conforms to approval samples or previously accepted materials or if such item fits Buyers parts jigs or equipment or otherwise reasonably accommodates the purpose for which the goods are generally intended. Except as set forth above Seller mak
e NO OTHER WARRANTIES concerning the Goods whatsoever. SELLER DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE concerning the Goods. Buyer acknowledges and agrees that Sellers obligation described in this Paragraph 8 is the sole remedy bargained for by Buyer IN LIEU OF ALL OTHER EXPRESS AND IMPLIED WARRANTIES. In no event will Sellers liability exceed the paid purchase price of the Goods. Sellers obligations described in this Paragraph 8 shall be BUYERS SOLE AND EXCLUSIVE REMEDY AGAINST SELLER FOR ANY LIABILITY WITH RESPECT TO THE GOODS WHETHER ANY CLAIM FOR RECOVERY IS BASED UPON OR ARISES OUT OF THEORIES OF CONTRACT NEGLIGENCE TORT INCLUDING STRICT LIABILITY OR OTHERWISE. Buyer agrees that NO OTHER REMEDY SHALL BE AVAILABLE to Buyer and IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES including without limitation loss of income loss of time loss of sales cost of replacement items claims asserted by Buyers customers injury to personal property or injury to any person whether or not occasioned by Sellers negligence. Buyer agrees to indemnify and hold harmless Seller from any claims brought by Buyers customers against Seller regarding the Goods even if such customers have a statutory or other right to assert such claims. 9. Statutory compliance Seller continues to attempt to comply with all applicable laws standards and specifications. However Seller is not responsible for compliance with any laws standards or specifications applicable to the Goods their delivery use handling labeling transportation or disposal whether of general or particular application unless Buyer has furnished specific written notice thereof prior to Sellers entry of Buyers order. 10. Product labels information Buyer acknowledges that it has received and is familiar with Sellers and any manufacturers labeling and literature concer
ning the Goods and will forward such information to its employees agents and customers. Seller warrants that the Goods will conform subject to variations acceptable within the industry to the specifications set forth 41 TERMS CONDITIONS 11. Permissible variations Seller has the right without giving notice to Buyer prior to the delivery of Goods to Buyer to make any changes in the composition of the Goods which in the opinion of Seller do not affect the general characteristics of properties to the Goods. In addition Seller may make any change or variation in the Goods which is within governmental or industry standards or specifications applicable at the time of manufacture without giving notice to Buyer. Buyer will accept any Goods which may incorporate any changes in the composition or specifications and any increase in price resulting from such change will be paid by Buyer. In addition if the Goods to be supplied by Seller to Buyer hereunder shall be made specifically for Buyer and are not customarily carried in stock by Seller then a ten percent 10 overage or underage in delivery of the amount specified herein shall constitute fulfillment of the order and such Goods delivered will be paid for at the unit price specified herein. 12. Cancellation Seller may cancel or terminate all or part of the contract arising from or evidenced by this document immediately upon the happening of any of the following Buyers material delinquency of any of its obligations hereunder or with respect to any other order or transaction with Seller the insolvency of Buyer the commencement on any case under Title 11 U.S.C. as amended the Bankruptcy Code or similar law of another country for by or against Buyer the appointment of a receiver for Buyer under any applicable law Buyers suspension or termination of business or assignment for the benefit of creditors or any event whether or not similar to the foregoing which in Sellers good faith belief materially impairs the prospect of payment
or performance by Buyer hereunder. Sellers rights to cancel or terminate set forth herein may be exercised by Seller without liability. 13. Representations by agent or representative The terms of this document shall govern the liability and obligations of Seller in regard to the sale of Goods whether the sale was procured directly by Seller or indirectly through an authorized sales representative. No agent employee or representative of Seller has any authority to bind Seller to any additional or contrary affirmation or representation concerning the Goods sold under this document. Unless an affirmation or representation is specifically included within this document or is in writing signed by an authorized officer of Seller it shall not be enforceable by Buyer or by any person claiming by or through Buyer. The ORAL REPRESENTATIONS of Sellers agents and employees DO NOT CONSTITUTE WARRANTIES and do not constitute part of the contract evidenced by this document. 14. Miscellaneous All sales are subject to approval by Sellers credit department. The contract evidenced herby will be governed by the local laws of the State of Ohio. If any of the provisions hereof shall be 42 held invalid illegal or unenforceable the validity legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby. BUYER CONSENTS AND SUBMITS TO THE SOLE EXERCISE OF JURISDICTION BY ANY COURT OF COMPETENT JURISDICTION LOCATED IN FRANKLIN COUNTY OHIO. No right or interest in the contract evidenced by this document shall be assigned by Buyer and no delegation of any obligation owed by Buyer shall be made without prior written permission of Seller. The individual rights and remedies of Seller reserved herein shall be cumulative and additional to any other or further remedies provided in law or equity. Waiver by Seller of performance or inaction with respect to Buyers breach of any provision hereof or failure of Seller to enforce any provision hereof which may establi
sh a defense or limitation of liability shall not be deemed a waiver of future compliance therewith or a course of performance modifying such provision and such provision shall remain in full force and effect as written. As used herein Buyer and Seller include the respective heirs executors personal representatives successors and permitted assigns or each. Monetary denominations designated herein shall be in U.S. Dollars. Notwithstanding anything herein to the contrary the United Nations Convention on Contracts for the International Sale of Goods and the laws of any other jurisdiction shall have no application to the terms and conditions of sale and the actions hereunder and contemplated hereby. IN ALL CASES CLERICAL ERRORS ARE SUBJECT TO CORRECTION. 15. Buyers obligation to purchase specially manufactured material If all or any part of the material to be supplied to Buyer was specially manufactured by Seller for sale to Buyer then notwithstanding the application of force majeure or Buyers failure to issue a release for such material Buyer shall be required to purchase material plus or minus 10 of the original order quantity and accept delivery of all such material and any raw material or intermediary procured or produced for manufacture of same. All finished material will be purchased at the price then prevailing. Raw material or intermediaries will be purchased at Sellers cost of procurement or production. PLASKOLITE MATERIAL EXCELLENCE Copyright Plaskolite LLC. 916 Printed in U.S.A. OPTIX DURAPLEX DURALENS FABBACK KSH and VIVAK are registered trademarks of PLASKOLITE LLC. PLASKOLITE MATERIAL EXCELLENCE Copyright Plaskolite LLC. 916 Printed in U.S.A. OPTIX DURAPLEX DURALENS FABBACK KSH and VIVAK are registered trademarks of PLASKOLITE LLC.
