Terms and Conditions of Sale

These Terms and Conditions of Sale (“Terms and Conditions”) relate to the sale of Elastostar Rubber Corp.’s (“Company”) products (“Products”) to Buyer.

  1. Orders; Payment Terms; Collections. These Terms and Conditions apply to all order of Products and trump any terms or conditions proposed by Buyer. No orders can be cancelled or modified after 48 hours from the time after Company and Buyer agree to specifications and an order is placed. All purchases by Buyers located in Ohio are subject to sales tax unless Buyer is exempt under Ohio’s sales tax law unless a tax-exempt certificate is produced. Payment is due net 30 days of invoice and interest shall accrue at 5% per annum on all late payments. As to form of payment, Company will accept check, credit card, C.O.D., EFT, or wire transfer.  Buyers will be charged $40 for all returned checks. Company will be entitled to all costs of collections for Buyer’s failure to pay under these Terms and Conditions, including court costs and attorneys’ fees.
  2. Limited Warranty; Disclaimer of Other Warranties. Company will strive to meet specifications requested by Buyer.  Other than this limited warranty, the Products are sold and delivered “AS-IS” without any express or implied warranty of any kind, including, but not limited to, any warranties of merchantability, non-infringement, or fitness of a particular purpose. No oral or written information given by Company, its employees, or an authorized representative shall create a warranty.
  3. Shipping Terms. Products are shipped F.O.B. shipping point and title and risk are on Buyer upon shipping. Company will not be responsible for any import duties or brokerage fees.
  4. Inspection and Acceptance. Buyer shall inspect all shipments of Products upon arrival and shall notify Company, in writing, within 15 days of any shortages or other failures to conform to specifications agreed-to between the Company and Buyer. If Buyer fails to notify Company within 15 days of any Product being out-of-spec and out of tolerance, Buyer waives its right related to the non-conformance of the Products. Any Product damaged or modified cannot be returned. Returns are subject to a 25% restocking fee. Other than as set forth herein, Buyer is NOT entitled to any other refunds.
  5. Limitation of Liability. If Products do not conform and Buyer puts Company on notice of such non-compliance within the permissible time period set forth herein, Buyer’s exclusive remedies shall be a return of the Products for a refund, subject to the terms herein, or replacement Products. Company shall not be liable to Buyer for any direct, indirect, special, incidental, or consequential damages or losses, including without limitation, lost profits, revenues, business interruption, and business opportunities. The limitation herein applies regardless of the claim, including claims for breach of contract or warranty, and strict liability. No rights extend to any third party.  Buyer agrees that the statute of limitations for any claims related to the Products is one year.
  6. Force Majeure. Company shall not be liable to Buyer for any delay or failure of delivery or of any other performance caused in whole or in part by any contingency beyond Company’s reasonable control, including, without limitation, acts of any government or any agency or subdivision thereof or shortage of or inability to secure labor, fuel, energy, raw materials, supplies or machinery at reasonable prices or from regular sources.
  7. No waiver. The failure of Company to insist upon strict adherence or to pursue any remedy shall not be considered a waiver of Buyer’s rights herein or deprive such party of the right thereafter to insist upon strict adherence.
  8. Governing law; Exclusive Jurisdiction. These Terms and Conditions shall be construed in accordance with, and governed in all respects by, the laws of the State of Ohio, without regard to conflicts of law principles, with venue of any legal or equitable actions relating to this Agreement in Franklin County, Ohio.
  9. Miscellaneous Terms. These Terms and Conditions cannot be modified or assigned without the express written permission of Company.  These Terms and Conditions shall be binding upon Buyer’s successors and assigns.

Elastostar Rubber Corporation is an industry leader in silicone manufacturing to help our customers in achieving sustained profitable growth as a problem solver and provider of high-quality products and services.

We provide design, engineering and manufacturing of elastomer products to our customers globally backed by our streamlined and innovative supply chain compliant with global and regional regulatory requirements.