AGREEMENT FOR TERMS, CONDITIONS, LEGAL

All business conducted between a customer and Chiltrix Inc. (Chiltrix ) is subject to the terms specified in this document, which combined with any ordering, sales, dealer, distributor, or proforma invoice documents, constitutes the sales contract. Any conflicting terms or conditions on a customers PO (purchase order) do not apply. Only Chiltrix terms and conditions, proforma invoice, or other written agreement apply.

Orders require a 50% deposit and balance paid before shipping. All container, private-label, special, or non-standard orders must be fully prepaid or paid 50% deposit with balance secured by approved LOC (Letter of Credit) drawn on a USA bank. Any other terms must be specifically agreed in writing.

Chiltrix ships products to its customers only via common carrier. Chiltrix does not itself deliver products or make any products available for customer pick up except via common carrier. It is the exclusive responsibility of the customer to pay any shipping costs, fees, taxes or other costs incurred in shipping. The estimated shipping quote provided by Chiltrix is based on the quote provided to Chiltrix by the applicable common carrier. If shipping circumstances beyond the knowledge or control of Chiltrix cause additional shipping costs or fees, such as security inspection, restricted delivery, lift-gate costs, inaccessible delivery address, etc., customer is responsible for the additional costs or fees. Chiltrix responsibility for any shipping damage or other problems ends when the goods have be tendered to the carrier,

Shipping Damage Claims
Customer must inspect the shipment carefully upon receipt and note in writing, any damage, on the shipping company’s documents, and retain a copy of the noted document. If the packaging has been dented, crushed or otherwise damaged and if not possible to fully inspect at time of delivery, the customer must note on the shipping company shipping documents “package damaged, may have concealed damage”. The customer must inspect the products promptly, delayed claims for damages are not usually successful. Chiltrix can assist you with a damage claim but Chiltrix is not responsible for shipping damages. All damage claims must be filed with the shipping company and are subject to applicable tariff or law. For international orders, unless otherwise specified, Chiltrix ships on a CIF basis which includes insurance and shipping cost to the port specified. Production & Shipping Intervals

Estimated Time Intervals
Factory-direct orders typically have a 45 day production time before shipping which may vary according to circumstances. Shipping time varies according to destination and other factors. Chiltrix is not responsible for any delays in production or shipping due to war, riots, fire, customs delays, flood, hurricane, typhoon, earthquake, lightning, explosion, strikes, lockouts, slowdowns, delays or shortage of energy supplies or needed materials, acts of state or governmental action, or other causes beyond the reasonable control of Chiltrix.

Final Payments For Container or Special Orders
If final payment is not received within 10 business days of "Ready To Ship Notification" provided by Chiltrix, the order may be cancelled and the goods sent back to the factory for re-manufacturing to correct branding, if needed, scrapped, and/or shipped to Chiltrix's Virginia warehouse or other such location as Chiltrix designates for scrapping, sale, or disposal. Fees for transportation, storage, re-stocking, re-branding, scrapping, or disposal will be charged to the customer and shall be deducted from any advance payment made by customer. Customer refund, if any, shall be forwarded to customer only after Chiltrix has disposed of the goods. Force Majeure
Chiltrix shall not be liable to any customer for loss or damages resulting from any delay or failure of delivery when such failure or delay results from acts of God, acts or threats of war, riots, civil insurrections, terrorism, or hurricanes, floods, fires, explosions, earthquakes, lightning, storms, chemical contamination, epidemics, acts of sabotage, blockades, embargoes, accidents or interruptions to transportation, supplier delays or materials shortages, trade restrictions, strikes or other labor difficulties, regulatory or other acts of any Governmental Authority, and other events or circumstances beyond the reasonable control of Chiltrix.

Taxes or Fees
If Chiltrix is required to pay any duty, sales, use, or excise tax related to any customer transaction, and such tax is not paid to Chiltrix bythe customer at the time of the sale and Chiltrix is subsequently required to pay such tax or cost, the customer is responsible for paying the amount of such tax plus any penalty, interest, or costs associated with collecting or remitting such tax.

Collections & Legal
If Chiltrix takes action to collect any unpaid monies from customer or to defend or enforce this agrement, Chiltrix shall be entitled to recover its reasonable collection costs and/or legal costs from the customer. In the event of any legal action brought under, or between the parties, exclusive law choice and venue shall lie in Chesapeake, VA, USA or in the federal court located in Norfolk, VA Updated 6-29-2023

Updated 6-29-2023