Myriant definition
Examples of Myriant in a sentence
Any representations, warranties, conditions or indemnities or other terms or conditions proposed or stated by Buyer in connection with any sale of products by Myriant or in any purchase order or other document sent by Buyer which are in conflict with the foregoing are expressly rejected by Myriant and waived by Buyer.
If Buyer fails to pay any invoice in full when due, or if Myriant shall have any doubt at any time as to Buyer’s financial responsibility or capability, Myriant may suspend production and/or decline to make shipment or delivery.
Myriant shall have, and Buyer hereby grants to Myriant, a purchase money security interest in all products purchased by Buyer and any product proceeds to secure payment of the purchase price and all other amounts due Myriant, and Myriant shall retain all rights and remedies of a secured party under the Uniform Commercial Code (or under comparable laws outside the United States) including the right to repossess or require Buyer return products for which Myriant does not have payment.
Nothing contained in these Terms shall be construed to void or diminish any warnings, notices, instructions, or other information provided by Myriant or its representatives or agents pertaining to product characteristics or the safe or appropriate use, handling, storage, installation, transport or disposal of Products.
Upon the request of Myriant, Buyer shall take such action as Myriant may deem necessary or appropriate to protect, maintain, record or otherwise assure to Myriant the foregoing security interest.
New prices shall apply to Products not yet delivered provided Myriant has notified Buyer in writing, who shall have ten (10) days prior to delivery to cancel further deliveries at such increased price by sending a written cancellation to Myriant without being entitled to any damages from Myriant.
The Myriant warrants all grades of Products to be supplied by Myriant to Buyer shall meet the product specifications for such grade set by Myriant from time to time, or as modified, in writing, by the mutual agreement of both parties.
Claims in respect of any products at any time sold or agreed to be sold by Myriant, whether in contract, tort or otherwise (including negligence or misrepresentation), including claims on account of weight, quality, loss or damage to said products, are waived by Buyer unless made in writing within 30 days after arrival thereof at destination.
The contract shall be formed at the time when Buyer’s order is confirmed in writing by Myriant or delivery of the Products is made by Myriant and Myriant’s acceptance of the Buyer’s purchase order is expressly made conditional on Buyer’s assent to these Terms.
Unless otherwise specifically agreed in writing, Buyer shall be responsible for payment of all freight charges and any freight charges incurred by Myriant, including any increases in charges, shall be for the account of Buyer and shall apply to any balances unshipped or undelivered from warehouse at time the freight increase becomes effective.