Carbon Express Terms And Conditions
Standard Terms and Conditions
Controlling Terms: These terms and conditions shall govern all sales of goods and services by Carbon
Express, LLC (“Seller”) and the buyer (“Buyer”), including, without limitation, the goods or services
identified on a quotation, order acknowledgement, invoice, or other document issued by Seller in
connection with such sale (the “Sales Document”). These terms, conditions and the Sales Document
shall collectively be referred to as the “Sales Agreement”. The Sales Agreement shall constitute the
entire agreement between Seller and Buyer with respect to the sale of goods and services by Seller to
Buyer. Acceptance by Seller of any order for any product is based upon the express condition that Buyer
agrees to accept and be bound by terms and conditions of the Sales Agreement. Buyer’s acceptance of
delivery or payment for any of Seller’s products shall constitute Buyer’s assent to Sales Agreement.
• All material orders must be confirmed in writing and must include product description, quantity
requested, price, shipping instructions, and requested date for delivery.
• All material orders require prepayment by major credit card, cashiers check, money order or
business check, prior to shipping.
• Customized orthotic order terms are NET 30 DAYS from date of invoice. Seller may require full or
partial payment in advance of shipment when material order exceeds $1000, or whenever, in its
opinion, the financial condition of the buyer so warrants.
• Carbon Express,LLC will repair or replace, at its sole discretion, any failed orthotic device that was
fabricated by Carbon Express, LLC for one calendar year. Any modifications made to the device after
delivery to Buyer may render this warranty null and void.
• All invoiced amounts and other amounts owing to Seller are payable in United States dollars.
• Carbon Express, LLC reserves the right to assess a late charge of one and one‐half percent (1.5%) per
month (18% per year), payable on all amounts not paid when due. In the event that Carbon Express,
LLC is required to retain legal counsel to assist in the collection of any amounts due, Buyer agrees to
pay all reasonable collection costs, legal fees and expenses.
• Carbon Express, LLC reserves the right to revise credit terms based on credit history. Seller may
refuse to extend or continue extending credit to Buyer at any time, in Seller’s sole and absolute
discretion. If the total amount due for outstanding orders submitted by the Buyer to Seller exceeds
the credit limit established by Seller for the Buyer, then Seller may do any one or more of the
following in its sole and absolute discretion: (i) refuse to honor orders that exceed such credit limit,
(ii) refuse to deliver goods ordered, (iii) require the Buyer to pay cash before delivery for any
shipment in excess of such credit limit; and/or (iv) extend the Buyer’s credit limit.
• Carbon Express, LLC reserves the right to withhold shipment of materials pending resolution of past
due account balances.
• All transportation costs and expenses shall be the responsibility of the Buyer. Seller reserves the
right to select the means of transportation. All risk of loss or damage to products shall be the
responsibility of Buyer after delivery of the product to the carrier. Seller shall attempt in good faith
to effect delivery in accordance with the instructions set forth in the Sales Agreement, but Seller shall
in no event be responsible or liable for delays or failure to effect delivery due to any cause which is
unavoidable or beyond Seller’s reasonable control, which prevents, impairs or adversely effects in
any way Seller’s performance hereunder, including but not limited to war, fire, flood, natural
disaster, strike, labor disputes, act of God, governmental action, civil disturbance, accident, or
inability to obtain or use materials, labor, equipment, facilities or transportation, in such cases.
Seller shall have the right, at its option and without penalty, or any liability for breach, to terminate
or reschedule delivery within a reasonable time. Seller expressly reserves the right to effect delivery
of products ordered in any number of separate shipments.
• All pricing is subject to change for reasons including, but not limited to, revisions to customer
specifications, changes in raw material price and availability, and other production expenses.
• It is the sole and exclusive responsibility of Buyer to determine the suitability of any and all products
for the Buyer’s use. Seller warrants only that materials (prepreg carbon, carbon graphite tubular
braid, adhesive film) will conform to the specifications set forth in the purchase order. Seller hereby
disclaims all other warranties, expressed or implied. There is no implied warranty of merchantability
and no implied warranty of fitness for any particular purpose.
• Products are not returnable, nor refundable, however, defective products may be replaced or
repaired at the sole discretion of Carbon Express, LLC.
• Claims of delivery of products of unacceptable quality shall be void after 30 days of sale.
• Buyer is solely responsible for all federal, state and local sales and excise taxes and assessments
associated with the purchase of products.
• Buyer agrees to indemnify and hold Seller harmless from all liabilities, claims or demands for injuries
or damages to any person or property arising out of, caused in whole or in part by, or in any way
related to the use of the product by Buyer or any customer or other person or entity.
• If an order is cancelled, the customer may be liable for any inventory produced against that order at
the discretion of Carbon Express, LLC.
• Buyer agrees to comply with all Federal, State, and local laws, rules, regulations, orders and U.S.
export laws & regulations.
• All transactions under this purchase order shall be governed by the laws of the state of Florida.