Upon Buyer's payment, in-full, of the invoice, Buyer shall accept title to the products identified in the invoice (the "Products") at 796 State Route 293, Eddyville, KY 42038, at which point the risk of loss shall transfer to Buyer. Seller will deliver the Product to Buyer’s facility within a reasonable time period after payment is received from Buyer. Buyer indemnifies Seller for any liability associated with delivery and transportation of the Product. Risk of loss for the Products shall transfer FOB Seller's dock at the Facility. Buyer is responsible for its own insurance.
Buyer represents and warrants that it is knowledgeable and aware of the applicable laws, rules, and regulations governing the possession, use, transport, sale, marketing, processing, and distribution of the Product and its chemical constituents. Buyer acknowledges that it is solely responsible for compliance with all such laws, rules, and regulations. Buyer hereby indemnifies, defends, and holds harmless Seller and its officers and employees from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees, costs, and expenses) (collectively, "Claims") incurred or otherwise arising out of, or allegedly resulting from or related to, the Products or any derivatives thereof.
The Products are being sold on an "AS-IS, WHERE-IS" and "WITH ALL FAULTS" basis and Seller hereby disclaims all representations and warranties express or implied with respect to the Products, including, without limitation, all implied warranties of merchantability, salability or fitness for a particular purpose.
By accepting delivery of the Products or by paying the invoice, Buyer hereby agrees to the terms and conditions set forth herein.