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Terms & Conditions

Terms & Conditions:

TERMS & CONDITIONS OF SALE

CONDITIONS

• Conditions of Sale

• Conditions of Purchase

• Code of Conduct for Supplier

• MegaChem (UK)

NOTICE: It is an express condition to the Sale of any Goods or Services that the Buyer assents to these Terms and Conditions. Any acceptance of Seller's offer is expressly limited to the acceptance of these Terms and Conditions. Any order for the Seller's performance of work shall constitute the Buyer's assent to these Terms and Conditions.

1. DEFINITIONS

In these Terms and Conditions, the following words shall have the following meanings:-

'the Seller' means any of MegaChem group of companies being the company selling Goods or performing Services under the Contract.

'the Buyer' means the entity to which Seller is selling Goods or providing Services under the Contract.

'Contract' means either the contract agreement signed by both parties, or the purchase order signed by the Buyer and accepted by the Seller in writing, whether that acceptance is communicated in electronic format or otherwise, for the sale of Goods or Services, together with these Terms and Conditions, the Seller's final quotation, the Seller’s order acknowledgement and invoice. In the event of any conflict, the Terms and Conditions shall take precedence over other documents included in the Contract.

'Terms and Conditions' means these Terms and Conditions of Sale for Goods and Services, together with any modifications or additional provisions specifically stated in Seller's final quotation or specifically agreed upon by Seller in writing.

'Goods' means the goods the Seller has agreed to supply to the Buyer under the Contract.

'Delivery Date' means the agreed dated stated in the Contract for the sale of Products and Services, including adjustments (if any) in accordance with the Contract;

'Services' means the services the Seller has agreed to perform for the Buyer under the Contract.

'Service Provider' means a representative of the Seller or any agent as may be instructed by the Seller who shall provide the Services to the Buyer in accordance with the Contract.

'Payment Date' means the agreed Payment Date stated in the Contract for the sale of Products and Services, including adjustments (if any) in accordance with the Contract.

'Price' means the agreed price stated in the Contract for the sale of Products and Services, including adjustments (if any) in accordance with the Contract.

'Contract Price' means the agreed price stated in the Contract for the sale of Goods and Services, including adjustments (if any) in accordance with the Contract.

'INCOTERMS' means the International Chamber of Commerce INCOTERMS 2010 which are incorporated into the Contract.

'REACH' means Regulation of the European Parliament and of the Council of Europe concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals.

'Shelf Life' means the length of time the Goods may be stored without becoming unsuitable for use or consumption as specified by the original maker of the Goods or by the Seller and acknowledged by the Buyer under the Contract.

2. ORDER

The Buyer orders, and the Seller agrees to sell to the Buyer, the Goods at the Price for delivery on or before the Delivery Date or to provide the Services at the Price stated in the Contract but the Seller shall be under no obligation to do so.

The quantity and description of the Goods or the type and extent of the Services to be provided are set out in the Contract or estimate or quotation or other document previously communicated in writing by the Seller to the Buyer specifying quantity and description of the Goods or services to be supplied.

3. CONDITIONS APPLICABLE

The sale of the Goods by the Seller to the Buyer that is constituted by and recorded in the Contract shall be governed solely, throughout the performance of the Contract and for as long as obligations subsist under or in connection with the Contract, by the express provisions of the Contract.

Subject to clause 3.10:

no provision other than a provision that is expressly set out in the Contract shall become a term of the Contract; and

no provision that is not expressly set out in the Contract shall in any manner govern or affect the Contract or any obligation arising under or in connection with the Contract.

Clause 3.2 shall apply regardless of:

the manner in which or the time at which the Buyer purports to proffer or incorporate such other provision(s) into the Contract; and

whether the Buyer invokes, proffers or seeks to bring into effect such other provision(s) by way of contract term or notice.

For the avoidance of doubt, and in accordance with this clause 3 generally:

the reference to a provision that is not set out in the Contract includes (without limitation or other prejudice to the general meaning of such reference) any provision emanating from standard terms or conditions routinely proffered or employed by the Buyer in the course of the Buyer's business or profession that the Buyer invokes, proffers, or purports to bring into effect as governing the Contract; and

the Buyer acknowledges and agrees that the Seller shall not be bound by any of the Buyer's Provisions.

The order for the Goods or Services shall be deemed to be an offer by the Buyer to purchase Goods or Services pursuant to the provisions of the Contract.

The Seller shall have accepted that offer only when it has indicated in writing to the Buyer that it has accepted that offer.

Such acceptance shall be a condition precedent to the Contract and shall be and take effect only on the terms of the Contract.

The Seller's signature to the Contract or purchase order signed by the Buyer and accepted by the Seller in writing, whether that signature is electronic or otherwise shall constitute the acceptance of the order by the Buyer for the purposes of this clause 3.

Acceptance of the delivery of the Goods shall occur and be deemed to occur immediately on the entry or inscription of the Buyer's signature on the Seller's standard delivery note, which entry or inscription shall immediately constitute, and be deemed to constitute, conclusive evidence of the Buyer's satisfaction with and acceptance of the Goods.

No purported variation of any of the provisions of the Contract, whether such purported variation purports to have been made or to be made before or after the conclusion of the Contract, shall apply to or affect the Contract or any obligation arising under or in connection with the Contract nor become binding on the Seller, unless and until the Seller has agreed to it in writing and in terms that conform to clause 16.2.

The rule of exclusion expressed in clause 3.10 applies (without limitation to its general scope) to any special terms and conditions that are agreed between the parties but not yet reduced to writing.

Privacy Policy

Privacy Policy:
Examples of Seller Privacy Policies in a sentence No claims have been asserted or, to the knowledge of Seller, threatened against Seller by any Person or governmental entity alleging a violation of such Person’s, or any other Person’s, privacy, publicity, personal or confidentiality rights under any such laws, or a breach or other violation of any of the Seller Privacy Policies, where such violation would have a Material Adverse Effect on Seller. Neither the execution, delivery nor performance of this Agreement or the consummation of the transaction contemplated hereby shall result in any breach or violation of the Seller Privacy Policies or violate any Law with respect to such data or information. Although electric lighting was available in the room, sufficient natural light filled the room. Neither the execution, delivery nor performance of this Agreement or the consummation of the transactions contemplated hereby shall result in any breach or violation of the Seller Privacy Policies or violate any Law with respect to such data or information. The Seller Privacy Policies permit transfer of the Private Data and Customer Data included in the Transferred Assets as part of the sale of the Business. Neither the execution, delivery nor performance of this Agreement or the consummation of the Transaction contemplated hereby shall result in any breach or violation of the Seller Privacy Policies or violate any Law with respect to such data or information. This frequency shift is reasonably well ex- plained when the kinetic inductance is calculated using the measured surface resistance of 4 Ω/Q and Tc = 1.46 K in-stead of the originally assumed 1.2 Ω/Q and Tc = 1.2 K, giv-ing an Lk of approximately 100 nH and a resonance frequencyshift of approximately 20%. Copies of the Seller Privacy Policies in effect as of the Agreement Date have been made available to the Buyer; such Seller Privacy Policies materially comply with Data Protection Laws and contain no material misrepresentation or omissions. No claims have been asserted or, to the knowledge of Seller, threatened against each of Seller and its Subsidiaries by any Person or governmental entity alleging a violation of such Person’s, or any other Person’s, privacy, publicity, personal or confidentiality rights under any such laws, or a breach or other violation of any of the Seller Privacy Policies, where such violation would have a Material Adverse Effect on Seller. For 2018, effective tax rates rose from a low of 11.1 percent of income in the 4th decile to 12.0 in the 7th to 9th deciles, but then falls to 11.8 percent in the 10th decile.9Between 2018 and 2023, effective tax rates are projected to fall in every decile.

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