|BETTERBILT CHEMICAL COPYRIGHT NOTICE, PRIVACY AND OTHER POLICIES; LEGAL DISCLAIMERS; LICENSES; WARRANTIES WEBSITE DISCLAIMER
IN USING THIS WEB SITE, YOU AGREE THAT ITS INFORMATION AND SERVICES ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT WARRANTY, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) AND THAT YOU USE THIS SITE AT YOUR OWN RISK. THE INFORMATION MAY CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS. OUR SOLE AND ENTIRE MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION, FOR ANY REASON, AND USER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER DIRECTLY TO BETTERBILT CHEMICAL, FOR THE INFORMATION RECEIVED (IF ANY). BETTERBILT CHEMICAL, IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE) WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BETTERBILT CHEMICAL, AND YOU. NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY, ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS, SUITABILITY OR APPLICABILITY OF THE INFORMATION TO A PARTICULAR SITUATION. By accessing any portion of the Betterbilt Chemical, web site, you agree not to redistribute any of the information found therein. The services provided through links on this site are independent of Betterbilt Chemical, and are for your convenience only. Betterbilt Chemical, does not endorse or recommend the services of any particular company or service, nor is Betterbilt Chemical, responsible for any services or goods provided by such companies. Betterbilt Chemical shall not be liable for any damages or costs arising out of or in any way connected with your use of any of the services or companies accessed through this web site. You further agree that Betterbilt Chemical, and any parties involved in creating and delivering this site's contents have/has no liability for direct, indirect, incidental, punitive, or consequential damages with respect to the information, services, content, or advertisements contained on or otherwise accessed through this web site. BETTERBILT CHEMICAL WOULD NOT PROVIDE THIS SITE AND INFORMATION WITHOUT SUCH LIMITATIONS.
PRODUCT PERFORMANCE DISCLAIMER:
All Betterbilt Chemical, coatings and other products are designed to function as stated in the Product Data sheets and in the web site description. Products may not perform as advertised if exposed to unique conditions or environments and therefore no Betterbilt Chemical, coatings or other products contain a performance warranty unless authorized in writing by Betterbilt Chemical, and signed by a member of the executive council. All products designed to be applied to or used with wood have no warranty what so ever.
BETTERBILT CHEMICAL, LICENSOR and/or authorized SUPPLIER warrant that (a) Betterbilt Chemical, products will perform in accordance with the accompanying written literature. In the event applicable law imposes any implied warranties, the implied warranty period is limited to ninety (90) days from date of receipt. Some jurisdictions do not allow such limitations on duration of an implied warranty, so the above limitations may not apply to you. Coatings intended for and applied to wood substrates are sold without warranty. All products require before and after pictures of the intended substrate in order to have any rights under this warranty. Pictures must be submitted and signed for by the Document and Administration manager for validity.
Betterbilt Chemical, and/or its authorized SUPPLIER'S entire liability and your exclusive remedy shall be at Betterbilt Chemical, and/or authorized SUPPLIER'S replacement of the product that does not meet this Limited Warranty and which is returned to Betterbilt Chemical, and/or authorized SUPPLIER with a copy of your receipt. This Limited Warranty is void if failure of the product has resulted from accident, abuse or misapplication. Any replacement product will be warranted for the remainder of the original warranty period. Betterbilt Chemical, and/or authorized SUPPLIER reserve(s) the right to make changes, additions and improvements to the product(s) or documentation at any time without notice to any person or organization.
This Agreement and license is the entire agreement between Betterbilt Chemical, and you and supersedes any other prior or contemporaneous understandings, promises, representations, descriptions, communications or advertising with respect to the product(s) or any related services and accompanying documentation. This Agreement does not limit any rights that Betterbilt Chemical, may have under trade secret, copyright, patent, or other laws.
If any provision of the Agreement or license is held invalid or unenforceable under applicable law, then it is, to that extent, deemed omitted and the remaining provisions of the Agreement shall continue in full force and effect. NO OTHER WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BY BETTERBILT CHEMICAL, AND/OR ITS AUTHORIZED SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE PRODUCT (S) AND ANY RELATED OR ACCOMPANYING WRITTEN MATERIALS. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
NO LIABILITY FOR DAMAGES:
IN NO EVENT SHALL BETTERBILT CHEMICAL, AND/OR ITS AUTHORIZED SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE ITS PRODUCT (S), EVEN IF COMPANY AND/OR ITS AUTHORIZED SUPPLIERS HAVE/HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN ANY CASE, COMPANY'S AND/OR ITS AUTHORIZED SUPPLIER'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT (S). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
*Prices subject to change at any time without notice. All sales are final. There are no refunds, returns, exchanges, credits, etc. All financial deposits on products, materials, service, engineering, etc. will be held in trust for a maximum of six (6) months form date of invoice after such time all deposits will be forfeited by the customer. The customer is in acceptance of these terms and conditions and acknowledges that no legal recourse can be taken after this six (6) month period. Offers may be withdrawn or modified at any time without prior notice. We reserve the right to limit or refuse sales; service; etc. to anyone at any time without notice. Products are subject to availability. We reserve the right to substitute products of equal or greater value to anyone at any time without prior notice. We assume no liability or responsibility for any incompatibility, noncompliance, damages, etc.
Betterbilt Chemical will notify the customer of these charges upon their determination. Customer must pay these additional charges PRIOR to shipping of product. Customer is solely responsible for any/all customs, duties, taxes, brokerage fees, VAT, GST, HST, etc. Betterbilt Chemical reserves the right to choose the method of shipping used to deliver product. Certain products may not be allowed to be shipped to certain countries.
FREIGHT SHIPPING PACKAGING PROCESSING HAZARDOUS GOODS:
At its sole discretion Betterbilt Chemical reserves the right to offer product refunds minus a 25% restocking fee. All other fees including freight to and from Betterbilt Chemical, taxes, customs, duties, HazMat, documentation preparation, packaging, SED, wire fee, international document processing fee, brokerage, processing, materials, handling, pallets, etc., are in addition to the quoted product price and are not refundable
HazMat (hazardous/dangerous goods) are assessed a fee by the carriers. Fees vary depending on volume, quantity and product purchased. Many HazMat goods are required to ship via Overnight Air/Next Day Air. HazMat and documentation/sticker/packaging fees are in addition to product and freight costs. Hazardous materials fees may be assessed and charged at any time.
THE U.S. DEPARTMENT OF TRANSPORTATION (D.O.T.) HAS SPECIFIC REGULATIONS REGARDING TRANSPORTING HAZARDOUS MATERIALS. IT IS IMPORTANT TO BE FAMILIAR WITH THESE REGULATIONS SO YOU CAN TRANSPORT HAZARDOUS MATERIAL SAFELY AND THAT YOU ARE NOT SUBJECT TO ANY FINES FROM THE D.O.T. THAT CAN BE QUITE SUBSTANTIAL.
1. DEFINITION OF HAZARDOUS
Products that is corrosive, flammable, toxic, radioactive, explosive or reactive.
2. EXCEPTION" TO THE RULE
if the package that contains the hazardous material is in a small consumer type size, then the rules that apply to shipping hazardous materials do not apply. This is called an "exception". Betterbilt Chemical classifies the exception as "CONSUMER COMMODITY ORM-D".
3. BILL OF LADING
There are specific requirements to filling out bill of ladings when shipping hazardous materials.
The proper shipping name must be determined. The D.O.T. has a chart showing the exact shipping name that should be used for different chemicals. There can be no modification or abbreviation of this description. This information can be ascertained by looking at the manufacturer's bill of lading, the shipping cartons or by calling the manufacturers. There is absolutely no need for Betterbilt Chemical customers to do homework on determining proper shipping names.
Hazardous items must be listed first on the bill of lading, or the entries must be in contrasting colors, or an "X" must be marked in the hazardous material (HM) column.
The quantity and weight must be figured for each shipping name on the bill of lading. This information is needed to determine the need for placarding and to determine extent of the danger in placarding and to determine extent of the danger in case of an accident.
Different hazardous materials belong to different hazardous classes. This hazard class must be marked on the bill of ladings.
Different hazardous materials have different I.D. numbers. This information must be on the bill of ladings. This information ties into the D.O.T.'s emergency response guidebook that provides assistance to emergency personnel in case of an accident.
The D.O.T. classifies hazardous materials into packing groups. Group I is great danger, Group II is medium danger and Group III is minor danger. These numbers are roman numerals and they must be written in this way.
If placarding is necessary then it must be noted on the bill of lading under the column "labels required".
4. HAZARDOUS PRODUCTS
Product – Sulfuric Acid – ½ gal and 1-gal
Hazardous material description "SULFURIC ACID"
Hazardous Class - 8
I.D. Number - UN 1830
Packing group - II
Label required - Corrosive
Hazardous material description "SODIUM HYDROXIDE, SOLID"
Hazardous Class - 8
I.D. Number - UN1823
Packing group - II
Label required - Corrosive
REMEMBER TO PUT AN "X" IN THE COLUMN MARKED HM. ALL OF THE ABOVE INFORMATION MUST BE ON THE BILL OF LADING. MAKE SURE THE BILL OF LADING MATCHES THE INFORMATION ON THE SHIPPING CARTON.
5. CONSUMER COMMODITY ORM-D
ON THE BILL OF LADING ITEMS ARE MARKED UNDER THE "CONSUMER COMMODITY ORM-D" DESCRIPTION. THERE IS NO HAZARDOUS CLASS, I.D. NUMBER, PACKING GROUP OR LABELS REQUIRED.
6. ACCESSIBILITY OF SHIPPING PAPERS
When shipping hazardous materials it is important to have an emergency response guidebook. This provides assistance to emergency personnel in case of an accident. This booklet along with the bill of ladings must be readily available to the driver of the vehicle or anybody else entering the driver's compartment.
7. IN CASE OF A SPILL
A spill or release of hazardous material must be reported to the U.S. National Response Center: 1-800-424-8802. It must be reported if the spill is equal to or greater that the reportable quantity of the substance. The D.O.T. reportable quantity for BETTERBILT hazardous products are as follow 1000 pounds of Kleen-Out and/or Clean-Line.
Placarding refers to the placement of diamond shape signs on any vehicle transporting hazardous materials. The need for placarding depends on the weight of all the material that falls in a hazardous class.
If the weight of one hazard class is below 1000 lbs. no placarding is necessary. If the weight of one hazard class is above 1000 lbs. then placarding is required. If there are two hazardous classes on a shipment and one class is above 1000 lbs. and the other class is below 1000 lbs. then the class that is above 1000 lbs. must be placarded. If there are two hazardous classes on a shipment and they are both above 1000 lbs. and below 2205 lbs., then you can placard the truck for both hazards or you can choose a "dangerous" placard. This covers you for both hazards. If there are two hazardous materials on a shipment and one of them is over 2205 lbs. you do not have the option of using the "dangerous" placard. The dangerous placard can only be used for mixed classed between 1000 and 2205 lbs.
Prevent unauthorized people from congregating in the area..
No smoking, open fires, flames or sparks should be allowed in the area.
Stop the spread of any hazardous spills.
Don't touch any spilled material without proper safety equipment.
11. NOTE: SHIPPING HAZARDOUS MATERIALS
The fines can be substantial.
If possible, avoid handling 1000 lbs. of any hazardous class at one time. In this way you can avoid placarding your vehicle.
Set up a system in advance for shipping hazardous materials. Know what materials you ship and have all the proper bill of lading information readily available. By doing this in advance you will have less of a chance to make any errors
We do not provide your personal information to anyone without your authorization.
Betterbilt Chemical reserves the right to make periodic changes, enhancements, revisions and alterations of any kind to the product(s) and/or data sheets without prior notice to any person, institution or organization.