GFS CHEMICALS, INC. TERMS AND CONDITIONS

Limitation on GFS Product Use, Warranties and Liability

GFS products are warranted to conform, on the date of shipment, to the GFS specifications in effect at the time of product manufacture. The GFS warranty obligation is limited to either replacement of non-conforming product or the refund of the purchase price. The limited warranty contained in this paragraph is the sole warranty provided by GFS with respect to all GFS products and is made expressly in lieu of and excludes any warranty of merchantability or fitness for a particular purpose and all other express or implied representations and warranties.

Unless otherwise specifically authorized in writing by the President of GFS, GFS products are not intended, approved or authorized for human or animal consumption nor for direct use in any food, drug or cosmetic applications. GFS products are warranted to meet our specifications as set forth in the GFS Lot Analysis or other Company literature specifically relating thereto only. By accepting GFS products, Customer agrees to the limitations set forth herein, assumes all responsibility for the proper use of such products in accordance with these limitations, and agrees to indemnify, defend and hold harmless GFS from and against any and all claims, suits and/or liability in the event such products are used in a manner contrary to these limitations.

GFS HEREBY DISCLAIMS ANY AND ALL WARRANTIES, LIABILITY AND/OR RESPONSIBILITY IN CONNECTION WITH: (A) ANY USE OR APPLICATION OF GFS PRODUCTS IN A MANNER CONTRARY TO THE LIMITATIONS SET FORTH HEREIN; (B) ANY RESALE OF GFS PRODUCTS; OR (C) ANY REPACKAGING OR RELABELING OF GFS PRODUCTS AS NON-GFS BRANDED PRODUCTS. ANY USE OR APPLICATION OF GFS PRODUCTS IN A MANNER SUBJECT TO THESE LIMITATIONS SHALL BE USER’S SOLE RISK, AND SHALL RELIEVE GFS OF ALL WARRANTIES, LIABILITY AND RESPONSIBILITY WITH RESPECT THERETO.

These limitations many not be modified, affected or superceded by Customer, nor by any language, term or provision contained in Customer’s purchase order, confirmation or other correspondence or communication.

ONLY THE PRESIDENT OF GFS MAY ALTER GFS STANDARD TERMS AND CONDITIONS. RELIANCE ON CONTRADICTORY STATEMENTS, WHETHER VERBAL OR WRITTEN, BY NON-AUTHORIZED GFS EMPLOYEES ALTERING THESE STANDARD GFS TERMS AND CONDITIONS IS STRICTLY PROHIBITED AND AT CUSTOMER’S SOLE RISK.

GFS products will only be warranted if purchased directly from GFS or through an authorized distributor of GFS Chemicals.

GFS offers technical information and products for use by qualified technicians capable of understanding and communicating their respective hazards. Any recommendations or suggestions are made without warranty or guaranty of any kind. GFS assumes no responsibility connected with the use of GFS products or print information of any kind. In no case is the purchase of GFS products to be taken as a license to violate or infringe any patent.

Prices and Terms

All prices listed in the GFS Main Catalog, Supplemental Catalogs or on the GFS E-Commerce Website are net consumer prices. Terms of sale are net 30 days with established credit, FOB our plant in Columbus, Ohio. Unless otherwise instructed, freight charges will be prepaid and invoiced to the customer or COD at the discretion of the GFS. GFS reserves the right to make price changes without notice.

Acceptable Payment Methods

GFS is pleased to offer the following credit card options for your convenience: Visa®, MasterCard®, and American Express®. The Seller prefers to receive payment via ACH or other electronic interface methods that directly exchange funds between the Buyer’s and Seller’s bank accounts. GFS also accepts checks mailed to a lockbox remittance location.

International Orders

Unless otherwise agreed to in writing by GFS, all international orders are shipped FOB Columbus, Ohio USA - GFS plant/Ex-Works. Payment terms set upon acceptance of order. Letter of Credit method is acceptable for orders in the amount of $5,000 and above with GFS instructions. The freight forwarder and bank utilized for Letter of Credit shipments will be that of GFS. All prices shown are in U.S. dollars. Payment is required in U.S. currency, by wire transfer or check drawn on a U.S. bank.

TSCA Compliance

GFS makes a concerted effort to foster customer awareness of the limitations placed by regulation on the use of research chemicals. GFS products that are not listed on the Toxic Substances Control Act (TSCA) are to be used only for R&D purposes by qualified technicians capable of understanding and communicating their respective hazards. The use of non-TSCA listed items for commercial purposes is strictly prohibited. If customer desires to transition a non-TSCA listed item into a commercial raw material please contact GFS to allow GFS to develop and submit a pre-manufacturing notification (PMN) to the US EPA to assure compliance with TSCA rules and regulations.

Promotion Code Terms and Conditions

Discount valid on the purchase of list-price items only through orders placed on overmortgage.gzrflogistics.com and restricted to one time use only. All promotions and discounts are on the GFS Chemicals shopping cart items only. Valid in the U.S. only. To redeem, enter the promo code in the box marked promo code at the checkout. Shipping and promotion terms are subject to change.

Safety: Safety Data Sheets

GFS offers SDS information on all GFS products. If customer would like SDS information to accompany an order, please request it at the time that the order is placed. GFS will make sure that it is included with the order. If for any reason customer should need an additional copy of an SDS please go to http://msds.gzrflogistics.com/ to search for and retrieve additional copies from the GFS SDS web service.

Transportation and Shipping

For information and ease of ordering, GFS has included DOT hazard information on the entire line of GFS products. All GFS products may be shipped by commercial freight. Limitations on package size and quantity may be restricted by the carrier and hazard fees may apply. Some products (Hazard Class 6.1) can be shipped by some carriers only when contained in a special poison pack. There will be an extra charge for this service.

Export Restrictions

Buyer acknowledges that each Product and any related software and technology, including technical information supplied by GFS or contained in documents (collectively “items”, is subject to export controls of the U.S. government. Buyer shall comply with all of the Export Administration Regulations of the U.S. Department of Commerce (the “EAR”). Buyer shall not, without first obtaining the required license to do so from the appropriate U.S. government agency i) export or re-export any item, or ii) export, re-export, distribute or supply any item to any restricted or embargoed country or to a person or entity whose privilege to participate in exports has been denied or restricted by the U.S. government. Byer shall fully cooperate with GFS in any official or unofficial audit or inspection related to applicable export or import control laws or regulations, and shall indemnify and hold the Seller harmless from, or in connection with, any violation of this Section by Buyer or its employees, consultants, agents or customers.

Return Goods

No return shipments will be accepted without prior GFS permission and instructions being obtained. If an error is made in placing or filling an order, please advise GFS promptly so that it may take proper action. No return goods or claims will be allowed beyond 30 days from the receipt of the order by the customer. Orders for items not listed in the GFS Main Catalog, Supplemental Catalogues or on the GFS E-Commerce Website, or that have unique customer specifications, are considered special/custom orders and will be processed by GFS strictly on “take-or-pay” terms. A MINIMUM 25% restock charge may apply to non-custom orders.

Returnable Containers

The bottles used for shipping high purity acids are returnable for credit; certain cylinders may also be returned for credit. To receive this credit, contact GFS Customer Service Department for an RGA number (Return Goods Authorization) and credit information. Containers returned for credit against deposit must be returned to GFS within six (6) months of invoice date.

Product Information

Chemical Abstracts Service numbers are included for most GFS products. This number may be the one listed for the compound in the TSCA Substance Inventory for some hydrated materials. Some additional product information is available in the GFS Publications listed inside the back cover of our Main Catalog.