DISCLAIMER STATEMENT
Mansoura For Resins & Chemicals Industries Co. (the
"Company") can give no assurance that the information contained on
the Mansoura For Resins & Chemicals Industries Co. web site or any of its
linked sites is current, accurate or complete. Any decision made by you based
on information contained on the Mansoura For Resins & Chemicals Industries
Co. web site is your responsibility. Mansoura For Resins & Chemicals
Industries Co. shall not be liable for damages of any kind arising out of your
access or inability to access its web site or your reliance on the information
in the web site.
Forward Looking and Cautionary
Statements. Various pages on this web site may not be based on historical facts
and are "forward-looking statements" under the meaning of Section 27A
of the Securities Act of 1933, as amended, and Section 21E of the Securities
Exchange Act of 1934, as amended. Actual results could vary materially
depending on risks and uncertainties that may affect the Company’s operations,
markets, services, prices and other factors as discussed in our filings with
the Securities and Exchange Commission. These risks and uncertainties include,
but are not limited to, economic, competitive, legal, governmental and
technological factors. There is no assurance that the Company’s expectations
will be realized. The Company assumes no obligation to update or review any
forward-looking statement, whether as a result of new information, future
developments, or otherwise, except as otherwise required by law.
Use of the Company’s Products and the
Site.
The user assumes the risk of using and browsing the Mansoura For Resins &
Chemicals Industries Co.’ Customer Care site (hereinafter "Site"). Mansoura
For Resins & Chemicals Industries Co., Inc. shall not be responsible for
the use of any information, recommendations, products, methods or apparatus set
forth in the Site. In no event will the Company be responsible for damages of
any nature whatsoever resulting from the user's access to or inability to
access the Site, or the use of or reliance upon the information,
recommendations, products, methods or apparatus set forth in the Site,
regardless of whether it is claimed that the information, recommendations,
products, methods or apparatus herein presented are inaccurate, incomplete or
otherwise misleading.
Material Safety Data Sheets are provided under the Company’s policy of
communicating to its customers, health and safety information pertinent to the
safe handling and use of the Company’s products. This information, however, may
not necessarily address all issues pertaining to the conditions under which the
product is handled or used. The user should obtain and review available
material safety information and consult with experts of its choice, before
handling or using any of these products. If any materials are mentioned that
are not the Company’s products, appropriate industrial hygiene and other safety
precautions recommended by their manufacturers should be observed.
No Warranties. The information, recommendations,
products, methods or apparatus set forth in the Site were believed by the
Company to be accurate at the time of preparation or obtained from sources
believed to be reliable. They are not intended to relieve the user from its
responsibility to investigate and understand other pertinent sources of
information and to comply with all laws and procedures applicable to the safe
handling, transportation, storage and use of the Company’s products. The
Company does not control the conditions under which the user uses, handles,
stores or transports the Company’s products. the company makes no warranty concerning the accuracy of the information, recommendations, products, methods or apparatus set forth in the site or the results to be obtained through their use.in addition, the company makes no express or implied warranties, either of merchantability, fitness for a particular purpose or of any other nature regarding the information, recommendations, products, methods or apparatus set forth in the site . Nothing herein waives any of the Company’s Terms and
Conditions of Sale, as set forth below.
Hyperlinks. Clicking on certain images, or
links, within the Site or related sites will take you to other web sites owned
by third parties, the content of which the Company takes no responsibility.
Trademark, Copyright & Patents. The user should assume that
everything seen or read on the Site is copyrighted unless otherwise noted and
may not be used without the prior written permission of the Company. Nothing
herein shall be construed as a recommendation or license to use any
information, recommendations, products, methods or apparatus set forth in the
Site which conflicts with any patent, trademark or copyright of the Company or
others. The Company makes no representations or warranties, express or implied,
that any use of this information, recommendations, products, methods or
apparatus will not infringe any patent, trademark, service mark, logos, design,
copyright or other proprietary rights of third parties. The user should seek
independent advice of counsel concerning its right to use these materials.
The trademarks, logos, and service marks (collectively the
"Trademarks") displayed on the Site, are registered and unregistered
Trademarks of the Company, its affiliates or others, or utilized by the Company
under license agreement. Nothing contained on the Site should be construed as
granting, by implication, estoppels or otherwise, any license or right to use
any Trademark displayed on the Site without the written permission of the
Company or such third party that may own the Trademarks displayed on the Site.
Misuse of the Trademarks displayed on the Site, or any other content on the
Site, is strictly prohibited. The user is also advised that the Company will
aggressively enforce its intellectual property rights to the fullest extent of
the law, including the seeking of criminal prosecution, where the Company deems
appropriate.
Terms and Conditions of Sale. The
following are the Company’s usual terms and conditions for the sale of its
products:
1. Agreement. This agreement is intended to
establish those terms and conditions under which Mansoura For Resins &
Chemicals Industries Co., Inc. ("THE COMPANY") shall sell products to
a purchaser ("Buyer") as and when orders are placed by Buyer and
accepted by THE COMPANY. Nothing on this web site shall constitute an offer by
THE COMPANY to sell any of the products described herein. By placing an order
through this web site, Buyer submits an offer to buy The Company’s products pursuant
to the terms and conditions of sale listed herein. THE COMPANY shall not be
deemed to have accepted any such offer unless and until it ships products to
the Buyer. THE COMPANY may change any of these terms or conditions of sale at
any time without notice.
2. Price. THE COMPANY may change any price,
payment, or freight term in effect at any time and from time to time. The price
at which each order will be filled shall be the price established by THE
COMPANY as of the time of delivery.
3. Taxes. Any tax or other governmental
charge payable by THE COMPANY due to the sale, use or delivery of the products,
such as, but not limited to, Sales Tax, Use Tax, Retailer’s Occupational Tax,
Gross Receipts Tax, Value Added Tax, and Transportation Tax, may, at The
Company’s option, be added to the purchase price.
4. Shipments. Buyer shall give THE COMPANY
reasonable written notice of orders and shipment dates.
5. Weights. The Company’s weight and/or
measurements shall govern unless proved to be in error.
6. Containers. If shipment requires use of
returnable containers or tote bins, title to such containers and tote bins
shall remain in THE COMPANY and a deposit in an amount required by THE COMPANY
shall be made at the time the shipment is ordered. Such containers and tote
bins shall be returned in good condition within sixty (60) days from the date
of shipment, freight charges collect. Upon such return, THE COMPANY shall
refund the deposit.
7. Delivery Equipment. Buyer shall make reasonable
efforts to unload and return delivery equipment furnished by THE COMPANY to the
carrier within forty-eight (48) hours after arrival. Any demurrage or detention
charges on such equipment shall be paid by Buyer.
8. Carrier and Routing. If the terms of shipment require
THE COMPANY to pay freight, selection of carrier and routing of shipment shall
be at The Company’s option.
9. Title and Risk of Loss. Title to and risk of loss in the
products shall pass to Buyer upon The Company’s delivery to the carrier at the
shipping point, notwithstanding the terms of shipment specified herein.
10. Payment and Credit. Payment terms shall be as
established by THE COMPANY from time to time. If Buyer fails to pay for any one
or more shipments when due, then THE COMPANY shall have the right, in addition
to other remedies, either (a) to suspend or cancel further deliveries, or (b)
to require cash payment on further deliveries. Should Buyer's financial
responsibility become unsatisfactory to THE COMPANY, cash payment or
satisfactory security may be required by THE COMPANY before proceeding with
further deliveries.
11. Product Suitability. Determination of the suitability
of the products for the uses and applications contemplated by Buyer and others
shall be the sole responsibility of Buyer. Buyer assumes all risks and
liabilities for results obtained by the use of the products whether used singly
or in combination with other materials, except those relating solely to the use
of products not conforming to The Company’s specifications, which non-conformity
is not known to Buyer and is not discoverable by Buyer, by testing or
otherwise, prior to the use thereof by Buyer or others. Any suggestions or
recommendations made by THE COMPANY concerning uses or applications of the
products are believed to be reliable, but THE COMPANY makes no warranty or
guarantee of the results to be obtained since the conditions of the use and
application by Buyer and others are beyond The Company’s control.
12. Warranties and Disclaimers. THE
COMPANY MAKES NO WARRANTY, EXPRESS OR IMPLIED, CONCERNING THE PRODUCTS OR THE
MERCHANTABILITY OR FITNESS THEREOF FOR ANY PURPOSE, except (a) that the products
shall conform to the description provided by THE COMPANY and to The Company’s
specifications, if any; (b) that the products shall be adequately contained,
packaged or labeled and shall conform to the affirmations of fact stated
thereon; (c) that THE COMPANY shall convey good title to Buyer and that the
products shall be delivered free from any lawful lien or encumbrance; and (d)
that the products do not infringe any valid United States patent. THE COMPANY
does not warrant, however, that the use of the products or articles made there from,
either alone or in conjunction with other materials, will not infringe any United States patent.
13. Claim Period. Claims related to non-conforming
products shall be made within thirty (30) days after discovery thereof. All
other claims shall be made within thirty (30) days after receipt of the product
to which the claim relates, or if for non-delivery, after the scheduled
delivery date thereof. Buyer’s failure to give THE COMPANY written notice of
any claim within the applicable time period shall constitute an absolute and
unconditional waiver of such claim. In no event shall Buyer commence any action
against THE COMPANY later than one year after the cause of action has accrued.
14. Liability Limitations. Buyer's exclusive remedy shall be
for damages and no claim of any kind, whether as to products delivered or for
non-delivery of products, and whether based on contract, breach of warranty,
negligence or otherwise, shall be greater in amount than the purchase price of
the quantity of the products in respect of which damages are claimed. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BUYER’S CLAIM IS BASED ON
CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHERWISE.
15. Product Characteristics. Buyer shall familiarize itself
with the characteristics of the products and shall comply with all laws,
regulations, and standards applicable to the possession, handling, processing
or use of the products by Buyer, including, but not limited to, the
Occupational Safety & Health Act of 1970, and to the regulations and
standards issued pursuant thereto.
16. Indemnity Agreement. Buyer shall defend, indemnify and
hold THE COMPANY harmless from and against all claims, liabilities, costs and
expenses (including, but not limited to, those related to injury to or death of
Buyer's employees) arising from or connected with the possession, handling,
processing or use of the products by Buyer or others, except those resulting
solely from the use of products not conforming to the contracted
specifications, which non-conformity was not known to Buyer and was not
discoverable by Buyer, by testing or otherwise, prior to the use thereof by
Buyer or others. THE COMPANY may participate in the defense of any such claim
for the further protection of its own interests.
17. Excuse of THE COMPANY. THE COMPANY shall not be
responsible or liable for any delay or failure to deliver any or all of the
products if occasioned by: act of God, fire, flood, embargo, explosion,
accident, breakdown of machinery or equipment; shortage of or inability to
obtain fuel, power, raw materials, equipment, transportation, or the products
themselves, without litigation and at usual prices or from usual sources; good
faith compliance with any law, regulation, standard, order, rule or
recommendation made by any governmental authority; strike or labor controversy
(THE COMPANY shall not be required to settle any labor matter against its own
best judgment); any cause or circumstance beyond The Company’s reasonable
control; or any other cause or circumstance, whether similar or dissimilar to
the forgoing, which makes impracticable the production, transportation or
delivery of the products or any material used in or in connection with their
production; and any contracted quantity shall be reduced to the extent of the
quantities not delivered due to any such cause or circumstance. In no event
shall THE COMPANY be obligated to purchase product, or to deliver from any
plant or facility other than the shipping point specified by THE COMPANY to
replace the quantities not delivered due to any such cause or circumstance.
18. Excuse of Buyer. Buyer shall not be responsible or
liable for failure to take delivery of the products if any cause or
circumstance like those excusing THE COMPANY makes it impracticable for Buyer
to receive or use the product; and any contracted quantity shall be reduced to
the extent of the quantities not delivered due to any such cause or
circumstance.
19. Allocation. In the event of any cause or
circumstance excusing THE COMPANY, THE COMPANY shall have the right to utilize
its available production and/or supply to satisfy its own requirements,
including those of its subsidiaries and affiliates, in full, and to allocate
any remaining production and/or supply among its customers, including those not
under contract, in a fair and reasonable manner, and Buyer hereby releases THE
COMPANY from responsibility or liability for any resulting incomplete
fulfillment of any order.
20. Notice of Excuse. The party excused in whole or in
part shall give written notice thereof to the other party with reasonable
promptness. If an allocation is made, THE COMPANY will provide an estimate of
the quota to be made available to the Buyer.
21. Waiver. No waiver by either party of any
breach of any of the terms or conditions contained herein shall be construed as
a waiver of any succeeding breach of the same or any other term or condition.
Nothing contained herein shall limit the remedies of THE COMPANY in the event
of Buyer’s breach of any term or condition contained herein.
22. Entire Contract. This agreement supersedes all
prior contracts and constitutes the entire agreement and understanding between
the parties covering the sale and purchase of the products. No modification
hereof shall be effected by the use of purchase order, acknowledgment,
acceptance or other forms at variance with or in addition to the terms and
conditions contained herein.
23. Non-assign ability. This agreement shall not be
assigned by Buyer without the prior written consent of THE COMPANY.
24. Governing Law. This agreement shall be governed
by and construed under the laws of the State of Egypt.
LEGAL DISCLAIMER
This site and the services,
information, materials and functions available or accessed through it are
provided by MRI for your personal use, information and enjoyment on an "as
is" basis without any representations, promises or warranties of any kind
whatsoever. Although we have taken every precaution possible, we cannot
guarantee and will not be held liable for any interruptions, errors or
inaccuracies that may arise in the use or contents of the site or any site or
sites linked to this site with or without our knowledge. Any communication or
information which a user may transmit through this site shall not be entitled
to proprietary or confidential status and any use or transaction involving this
site shall neither grant nor is intended to grant a user any rights, licenses
or other privileges whatsoever.
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