Upon Buyer's payment, in-full, of the invoice, the products identified in the invoice (the "Products") will be made available for pick-up by Buyer or Buyer's carrier at 796 State Route 293, Eddyville, KY 42038 (the "Facility"). Risk of loss for the Products shall transfer FOB Seller's dock at the Facility, and title to the Products shall transfer at the same time as risk of loss.
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.