1. Seller (Walker-Moody Pavement Products & Equipment, Ltd., dba: SealMaster Hawaii, hereinafter "Seller" or
"SealMaster Hawaii") shall deliver, and Buyer shall accept delivery, of all Product into Buyer's trucks or other
receptacles at Seller's place of business at 2927 Mokumoa Street, Honolulu, Hawaii.
2. Buyer shall be responsible for providing appropriate and safe vehicles and/or receptacles to be loaded and having
qualified, licensed drivers for accomplishing product loading and transporting.
3. Buyer shall maintain general liability insurance covering bodily injury, death and property damage with minimum
limits not less than $1,000,000.00 per occurrence and in the general aggregate, with Walker-Moody Pavement
Products & Equipment, Ltd. dba SealMaster Hawaii as additional insured parties. Buyer must provide (or have on
file with Seller) proof of current insurance coverage before Buyer shall receive any load of Product.
4. Product loading shall be done by appointment between 7:00 am and 3:00 p.m., Monday through Friday, except
for federal and state holidays and any other days that Seller is closed for business.
5. The quantities of the Product delivered to Buyer shall be measured by either tank dip or mass meter operated and
maintained by Seller at its own expense. The quantity of the Product shall be determined by tank dip using a
Buyer-specific tank dip chart or by the net weight of the Product delivered as determined by such mass meter.
6. Title to, possession of and the risk of loss of Product shall pass to Buyer upon loading of Product into Buyer's trucks
or receptacles.
7. Buyer covenants and agrees that all Product delivered to Buyer shall be transported, stored, and used in accordance
with all applicable federal, state and local laws, rules, regulations and enforcement procedures. Buyer shall
indemnify and hold Seller harmless from and against any and all loss, damage, injury, cost of defense, attorney's
fees and expenses resulting from any negligence or wrongful act by Buyer or its employees, agents, or licensees
in the transportations, storage or use of any Product delivered to Buyer, including but not limited to property damage
or injury to or death of any person or persons.
8. Seller shall not be liable for any special, consequential, incidental or indirect losses or damages resulting from the
sale, purchase or delivery of Product or for any punitive, exemplary or multiple damages, all of which damages are
expressly excluded and limited. Any claim concerning the quantity or quality of any Product delivered shall be
irrevocably waived unlessmade by written notice delivered promptly upon discovery of such dispute, but in no event
no later than sixty (60) days after the delivery of the Product into Buyer's Trucks or other receptacles.
9. SealMaster warrants the Product meets the chemical composition and performance requirements set forth in
Technical Date. Liability to the buyer or user of this product is limited to the replacement value of the product only.
No other warranty to Buyer from Seller is Express or Implied, Seller specifically disclaims the implied warranties of
Merchantability and Fitness for Particular Purpose.
10. Payment of this invoice is due (30) days from date of invoice. Any amount unpaid by the due date may be assessed
a late charge of 5% of the amount unpaid, and interest at the rate of 1.5% per month from the date payment was
due. Seller may recover all costs, expenses and attorney's fees it may incur in collecting any amount unpaid.
11. We reserve the right to refuse service to anyone at any time.
12. Any dispute over the terms and conditions is governed by, construed and enforced pursuant to the laws of the
State of Hawaii, and the Buyer submits to the jurisdiction of the Courts in the State of Hawaii.
Copyright © 2014, SealMaster® Hawaii
All Rights Reserved.