Sales and Return Policy

Complete Agreement

These terms and conditions, together with any other terms and conditions that Maxim Hygiene Products publishes or makes available to Customer (i) on an invoice, acknowledgment, quotation, bill of lading or a packing slip, (ii) at Maxim Hygiene Products’ websites, (iii) catalog sales terms and conditions or (iv) in any document including, without limitation, those involving extension of credit by Maxim Hygiene Products, or export of products, represent the entire and exclusive agreement between customer and Maxim Hygiene Products and shall supersede all written and unwritten statements, agreements, and understandings between Maxim Hygiene Products and Customer pertaining to the subject matter of this agreement.

Wholesale Trades

Maxim Hygiene Products sells its products to the trade customers for (i) resale, or (ii) use in business or government, or (iii) original equipment manufacturer with the right business identification. Federal Resell Tax Identification No. is required for all these customers.

Our Rights

Possession of, or access to any Maxim Hygiene Products’ catalog, literature or websites does not constitute the right to purchase from Maxim Hygiene Products. Maxim Hygiene Products reserves the right to correct publishing errors. All references herein to the term “products” shall also include services provided by Maxim Hygiene Products.

Prices

Prices listed are wholesale, do not include freight, handling fees, or taxes and/or duties, and are subject to correction or change without notice.

Sales Tax and Duties, Import Fees

Maxim Hygiene Products is required to charge national, state, local tax, applicable duties, and export/import fees on purchased products to Customer who has not provided valid tax exemption certification. Customer assumes responsibility for, and unconditionally guarantees payment or reimbursement of, all applicable taxes, fees, licenses, export/import duties, and fees and licenses, and expenses as may be applicable. When ordering, Customer shall indicate clearly its tax exemption status.

Credit Balance

Customer agrees that any credit balance issued will be applied within one (1) year of its issuance. If not applied or requested within one (1) year, any credit balance remaining will be subject to cancellation, and Maxim Hygiene Products shall have no further liability.

Payment Terms

Maxim Hygiene Products accepts cash, checks, money orders, Credit Cards “only Visa, MasterCard, Discover and American Express”. For customers with established Maxim Hygiene Products credit, payment terms are net 30 days from the date of shipment or pick-up. Anticipation and cash discounts are not allowed. Export orders may be subject to Letter of Credits or special export payment terms and conditions. All payments must be in U.S. dollars. Maxim Hygiene Products shall have the right of set-off and deduction for any sums owed. If customer fails to make payment within thirty (30) days, Maxim Hygiene Products may defer shipments until such payment is made, or may, at its option, cancel all or any part of unshipped orders.

Limited Warranty

All products sold are warranted by Maxim Hygiene Products only to customers for resale, or for use in business, or original equipment manufacture, against defects under normal use for thirty days after date of purchase from Maxim Hygiene Products. Any product determined by Maxim Hygiene Products to be defective and returned to Maxim Hygiene Products, shipping costs prepaid, will be, repaired or replaced, or at Maxim Hygiene Products option, the purchase price refunded. Maxim Hygiene Products disclaims any liability for product defect claims that are due to product misuse, improper product selection or misapplication, and any description does not express or imply a warranty that the products are merchantable or fit for a particular purpose. Any liability for consequential, incidental, special, exemplary, or punitive damages is expressly disclaimed. Maxim Hygiene Products’ liability in all events is limited to, and shall not exceed the purchase price paid for the product that gives rise to any liability.

Prompt Disposition

Maxim Hygiene Products will make a good faith effort for prompt correction or other adjustment with respect to any product, which proves to be defective within warranty period. Before returning any product, write Maxim Hygiene Products, or contact Customer Service at 516-621-332, giving date and original invoice number, and describing defect.

Product Suitability

Many states and localities have codes and regulations governing sales, construction, installation, and/or use of products for certain purposes, which may vary from those in neighboring areas. While Maxim Hygiene Products attempts to assure that its products comply with such codes, it cannot guarantee compliance, and cannot be responsible for how the product is installed or used. Before purchase and use of a product, please review the product application, and national and local codes and regulations, to be sure that the product, installation, and use will comply with them.

Force Majeure

Maxim Hygiene Products shall not be liable for any delay in or impairment of performance resulting in whole or in part from any force majeure event, including but not limited to Acts of God, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, labor disruptions, shortages, communication or power failures, fire, accident, explosion, inability to procure or ship product or obtain permits and licenses, supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstances or cause beyond the reasonable control of Maxim Hygiene Products in the conduct of its business.

Product Substitution

Products may be substituted and may not always exactly match catalog descriptions and/or images.

Cancellation

Any cancellation must be approved by Maxim Hygiene Products, and may be subject to restocking and other charges.

Product Return

Call customer care at 516-621-3323 for instructions and return authorization. Proof of purchase is required.

Availability

Certain products may not be available for sale in all areas. Maxim Hygiene Products does not guarantee the availability of all products in its stock at all time.

Assignment

Customer shall not assign any order or any interest therein without the prior written consent of Maxim Hygiene Products. Any actual or attempted assignment without Maxim Hygiene Products’ prior written consent shall entitle Maxim Hygiene Products to cancel such order upon notice to customer.

Electronic Data Interchange

If Maxim Hygiene Products and customer have mutually agreed to use an Electronic Data Interchange (EDI) system to facilitate purchase and sale transactions, customer agrees: that it will not contest (i) any contract of sale resulting from an EDI transaction under the provisions of any law relating to whether agreements must be in writing or signed by the party to be bound thereby; or (ii) the admissibility of copies of EDI records under the business records exception to the hearsay rule, the best evidence rule or any other similar rule, on the basis that such records were not originated or maintained in documentary form. Maxim Hygiene Products and customer will negotiate and agree on technical standards and methods to use in making EDI purchases, and will use reasonable security procedures to protect EDI records from improper access. The business records maintained by Maxim Hygiene Products regarding EDI purchases made by customer shall be controlling.

Modification of Terms

All orders by Customer to purchase Maxim Hygiene Products’ products are subject to acceptance by Maxim Hygiene Products. Maxim Hygiene Products’ acceptance of any order is subject to customer's assent to all of the terms and conditions applicable to the transaction. Customer's assent to these terms and conditions shall be presumed from customer's receipt of Maxim Hygiene Products’ acknowledgment, or from customer's acceptance of all or any part of the goods or services ordered. No additions or modifications of terms and conditions by Customer shall be binding upon Maxim Hygiene Products unless agreed to by Maxim Hygiene Products in writing. If a purchase order or other correspondence contains terms or conditions proposed by the Customer that are contrary to the applicable terms and conditions, Maxim Hygiene Products’ acceptance of any such order shall not be construed as assent to any of the terms and conditions proposed to the Customer, and will not constitute a waiver by Maxim Hygiene Products of any of the terms and conditions pursuant to which this agreement is made.

Waiver, Choice of Law and Venue

The failure of either Maxim Hygiene Products or Customer to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent nonperformance of any such term or condition by the other party. All transactions shall be governed by the laws of the State of New York, excluding conflict of law rules, and venue shall be in Nassau County, State of New York.

No Third Party Benefit

The provisions stated above are for the sole benefit of the Maxim Hygiene Products and Customer, and confer no rights, benefits or claims upon any person or entity not a party here to.

Complete Agreement

Quotations

Quotations on large quantities are available upon request. Customer should contact Maxim Hygiene Products.

Export Controls and Related Regulations

Customer represents and warrants that it is not on, or associated with any organization on the United States Department of Commerce's Bureau of Industry and Security's Denied Persons List or Unverified List; or the United States Department of the Treasury's Office of Foreign Assets Control lists, Specially Designated Nationals, Specially Designated Global Terrorists, Specially Designated Narcotics Traffickers, Specially Designated Narcotic Traffickers-Kingpin, or Specially Designated Terrorists List; or the United States Department of State's Designated Foreign Terrorist Organizations, Embargoed Countries list, or Debarred Persons List; or is subject to a denial order issued by the United States Department of Commerce. Customer shall comply with all relevant laws and regulations of governmental bodies or agencies, including but not limited to all applicable export control laws of the United States or other governing agencies and their successors.

Independent Contractors

Maxim Hygiene Products and Customer are Independent Contractors and not principal and agent. Nothing construed or contained in these Terms and Conditions shall be construed to create a partnership, dealership, reseller, agency, employment or joint venture relationship. Without limiting the generality of the foregoing, Customer is not authorized to make, shall take no actions, and shall not make, any representations on behalf of, or which are binding upon, Maxim Hygiene Products.

Governing Law; Limitations

The rights and obligations of the parties under these Terms and Conditions shall not be governed by the provisions of the 1980 United Nations Convention of Contracts for the International Sale of Goods or the United Nations Convention on the Limitation Period in the International Sale of Goods. Rather, these Terms and Conditions shall be governed by the laws of the State of New York, United States, including its provisions of the Uniform Commercial Code, but excluding its conflict of law rules. Notwithstanding the foregoing, any legal action by Customer with respect to any transaction must be commenced within one year after the cause of action has arisen.

Severability

If any portion of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, the invalid or unreasonable term shall be redefined, or a new enforceable term provided, such that the intent of Maxim Hygiene Products and Customer in agreeing to the provisions of these Terms and Conditions shall be enforceable to the fullest extent of the applicable laws.

Dispute Resolution

Actions by Maxim Hygiene Products for nonpayment by Customer of the purchase price of products sold by Maxim Hygiene Products, or for redress of other breaches by Customer of these Terms and Conditions, may be brought by Maxim Hygiene Products, at its option, before any United States or foreign judicial court of competent jurisdiction. At Maxim Hygiene Products’ option, disputes between Customer and Maxim Hygiene Products, including all claims for non-performance by Maxim Hygiene Products, shall be finally settled by arbitration in New York, New York, United States, in accordance with the Commercial Arbitration Rules of the American Arbitration Association, by a single arbitrator appointed in accordance with said Rules applying these Terms and Conditions and consistent provisions of the federal and state laws (except conflict of law rules) of the State of New York, United States, and the language of the arbitration shall be English.

Country of Importation and Anti-diversion

Customer represents that it is purchasing products from the United States and importing them to the country specified in Customer's and Maxim Hygiene Products’ documentation. Customer agrees that the products will be shipped to the specified destination in compliance with the laws of such destination and the United States, and that there will be no re-export or diversion from such specified destination contrary to such laws. Any commodities, technology and software will be exported from the United States in accordance with the Export Administration Act regulations and other applicable regulations. Diversion contrary to United States law is prohibited. If requested by Maxim Hygiene Products, Customer shall provide documentation satisfactory to Maxim Hygiene Products verifying delivery at the designated country. Customer further agrees to inform Maxim Hygiene Products at the time of order of any NAFTA or other special documentation, packaging or product marking or labeling, but Maxim Hygiene Products shall not be responsible for providing any such documentation, packaging, marking or labeling other than such documents as are necessary under United States export laws and regulations for export, unless Maxim Hygiene Products expressly agrees to do so.

Permits

Customer shall be responsible for obtaining any licenses or other official authorizations that may be required by the country of importation and/or under the Export Administration Act, or other applicable legislation or regulations; including but not limited to the Department of Defense or Department of State regulations.

Country of Origin

While all products listed on Maxim Hygiene Products meet the requirements of the Trade Agreements Act, as implemented by FAR Part 25, other products may not meet these requirements. Maxim Hygiene Products will advise customers properly identifying themselves as Authorized Schedule Purchasers at the time of purchase whether an item is “TAA-compliant”. Customers seeking to purchase non-TAA items will be given the opportunity to purchase an alternative item, or to purchase the non-TAA item through an “open market” purchase instead of through the schedule. Federal customers are advised the open market purchases are NOT Maxim Hygiene Products Schedule purchases. By purchasing any item on the open market, customer represents that it has authority to make such purchase and has complied with all applicable procurement regulations. These terms and conditions, together with any other terms and conditions that Maxim Hygiene Products publishes or makes available to Customer (i) on an invoice, acknowledgment, quotation, bill of lading or a packing slip, (ii) at Maxim Hygiene Products’ websites, (iii) catalog sales terms and conditions or (iv) in any document including, without limitation, those involving extension of credit by Maxim Hygiene Products, or export of products, represent the entire and exclusive agreement between customer and Maxim Hygiene Products and shall supersede all written and unwritten statements, agreements, and understandings between Maxim Hygiene Products and Customer pertaining to the subject matter of this agreement.?

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Sales and Return Policy