Terms and Conditions
General Terms and Conditions:
1.1 West Chemicals Co. is a chemical manufacturing and processing company based in the United States. Our products and services are offered to businesses and individuals worldwide. We specialize in producing and supplying a wide range of high-quality petrochemicals, fertilizers, detergents, inorganic and organic chemicals, food additives, resins, laboratory supplies, carbon black, oxides, adhesives and sealants, pharmaceutical chemicals, pesticides, dyes and pigments, paint, fine chemicals, and chemicals related equipment.
1.2 These Terms and Conditions (“Agreement”) govern the use of our website, products, and services. By accessing or using any of our products or services, you agree to be bound by this Agreement. If you do not agree to this Agreement, you may not access or use our website, products, or services.
1.3 These Terms and Conditions may be updated from time to time without notice. It is your responsibility to review this Agreement periodically for changes. Your continued use of our products or services following the posting of any changes to this Agreement constitutes acceptance of those changes.
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Orders:
2.1 All orders for our products must be submitted in writing, either by email or by fax, and must include the product name, quantity, delivery date, and shipping address.
2.2 We reserve the right to refuse any order or to cancel any order that we believe may violate any applicable law or regulation.
2.3 Prices and availability are subject to change without notice.
2.4 For custom orders, we require a deposit of 50% of the total amount before production begins. The remaining balance is due upon completion of the order and before shipment.
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Payment:
3.1 Payment for all products must be made in full prior to shipment, unless credit terms have been agreed upon in advance.
3.2 Payment may be made by wire transfer, credit card, or other mutually agreed upon methods.
3.3 All payments must be made in US Dollars.
3.4 In the event that any payment is not made when due, we reserve the right to charge interest on the unpaid balance at a rate of 1.5% per month, or the maximum rate permitted by law, whichever is less.
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Shipping:
4.1 All products will be shipped FOB our warehouse, unless otherwise agreed upon in writing.
4.2 Shipping and handling charges will be added to the invoice.
4.3 We reserve the right to choose the carrier and shipping method.
4.4 We will not be liable for any loss or damage during shipping.
4.5 International customers are responsible for all customs, duties, and taxes imposed by their respective governments.
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Warranty and Liability:
5.1 We warrant that our products will conform to the specifications provided in our product literature.
5.2 We make no other warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
5.3 In no event will we be liable for any indirect, incidental, consequential, or punitive damages arising out of or relating to these Terms and Conditions or the use or inability to use our products or services.
5.4 Our liability in any event is limited to the purchase price of the product or service.
5.5 We are not responsible for any damage or injury resulting from the misuse of our products.
5.6 It is the responsibility of the customer to ensure that our products are suitable for their intended use.
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Indemnification:
6.1 You agree to indemnify and hold harmless West Chemicals Co. and its directors, officers, employees, agents, and affiliates from any and all claims, demands, damages, costs, and expenses, including reasonable attorney fees, arising out of or in connection with your use of our products or services, your violation of this Agreement, or your violation of any rights of another.
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Intellectual Property:
7.1 All intellectual property rights, including but not limited to patents, trademarks, copyrights, trade secrets, and other proprietary rights, in and to our products and services are owned by or licensed to West Chemicals Co.
7.2 You may not use our intellectual property rights without our prior written consent.
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Governing Law and Dispute Resolution:
8.1 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
8.2 Any dispute arising out of or in connection with this Agreement shall be resolved through arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
8.3 The arbitration shall be held in Los Angeles County, California.
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Termination:
9.1 Either party may terminate this Agreement at any time for any reason.
9.2 Upon termination, all rights and obligations of the parties under this Agreement will cease, except for those that by their nature are intended to survive termination.
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Miscellaneous:
10.1 If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
10.2 Failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or of the right to enforce such provision.
10.3 This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, understandings, and agreements between the parties with respect to the subject matter hereof.
10.4 This Agreement may not be assigned by either party without the prior written consent of the other party.
By using our website, products, or services, you agree to be bound by these Terms and Conditions. If you have any questions about this Agreement, please contact us.
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