TERMS PAGE

1. Agreement: This is an agreement between you and PE Foam Sales for your purchase of Poly Ethylene Foam product from PE FOAM SALES. PE FOAM SALES offers the information on this website to you conditioned upon your acceptance of the Terms of Use and Notices, and your use of this website constitutes your acceptance of this agreement. This agreement contains disclaimers of warranties and liability.

2. Modification of This Agreement: PE FOAM SALES reserves the right to change the terms, conditions and notices under which it offers for sale Poly Ethylene Foam product, including the right to modify prices and shipping rates up to the time purchase orders are placed.

3. Reliance upon Website: All information on this website is provided to the best of the ability of PE FOAM SALES, which assumes no responsibility for non-intentional errors, misdescriptions or incorrect use or application of this website. If you have questions concerning the use of this website, please call PE FOAM SALES at its toll-free number (1-866-701-6992) during normal business hours (Monday through Friday 9AM to 4PM CST) for assistance.

4. Payment for Product: All purchase orders for Poly Ethylene Foam product must be paid by approved credit cards. By ordering product through this website, you authorize PE FOAM SALES and its agents to process and make charges against credit cards provided in order to complete the sales of product. All purchases are subject to authorized charges against your credit card being accepted and paid.

5. Sales Taxes: Sales taxes will be applied to all orders where location of shipping is within the State of Mississippi with applicable exceptions to customers who have a duly issued and current sales and use tax certificate on file with PE FOAM SALES. Such certificate is to be faxed to PE FOAM SALES (208-460-1856) at the time of your first purchase order.

6. Returns and Cancellations: All product is inspected before shipping; however, damage may occur during shipment. You should inspect all product upon delivery. PE FOAM SALES assumes no responsibility for damage after signing of the receipt of delivery by you. PE FOAM SALES will accept the return of faulty or defective product and will reimburse you for shipping fees related to such product or incorrect shipments that are attributable to PE FOAM SALES's mistake. Altered product will not be accepted for return. All returns must be accompanied by an original receipt from PE FOAM SALES or any assignee or distributor of PE FOAM SALES, and a Return Authorization number issued by PE FOAM SALES. All returns and cancellations are subject to a 25% restocking fee, unless caused by the error of PE FOAM SALES.

7. Damage Claims: Claims relating to damage to product are to be directed to the applicable carrier for product shipped via common carrier. PE FOAM SALES will provide assistance with any such claim process upon request.

8. No Warranties: PE FOAM SALES makes no representations or warranties relating to product, express or implied. PE FOAM SALES disclaims any and all warranties whether express, statutory or implied, including without limitation (i) warranties of merchantability or fitness for a particular purpose, or (ii) warranties arising through course of trade or past dealing or usage.

9. Limitation of Liability: PE FOAM SALES shall not be liable for any indirect, consequential, special or incidental damages arising out of your use of this website or the ordering of product from PE FOAM SALES through this website, and in no event shall PE FOAM SALES be responsible for damages in excess of the price of the product ordered through this website.

10. Forum for Resolution of Disputes: Claims for enforcement, breach or violation of duties or rights under this agreement will be under the laws of the State of Mississippi, without reference to conflict of laws principles. In the event of litigation, you consent to the exclusive jurisdiction and venue of state or federal courts in Lee County, Mississippi.

11. Limitation of Time to Bring Claim: You agree that any cause of action arising out of or related to this website or product ordered through this website must be brought within six (6) months after the cause of action accrues; otherwise, any such cause of action is permanently barred.