Industrial Minerals1. Who we are
These terms apply to quotations, sales and deliveries made by XTalc. They do not replace a signed supply agreement where one exists; where the two conflict, the signed agreement governs.
2. Quotations
Quotations are valid for the period stated on them and, where no period is stated, for fourteen days. Prices are based on the quantity, grade and delivery point quoted. Freight, duty and surcharges in force at the date of shipment are reflected in the delivered price.
3. Specifications and typical values
Figures published on this website are typical ranges for each mineral as a class. They are not a specification and do not form part of any contract. Where a specification is agreed in writing, the agreed limits govern and are certified for each lot by mill test certificate.
4. Fitness for purpose
Suitability of any material for a particular formulation, process or end use is determined by the buyer. We provide analysis, samples and technical information in good faith, but we do not warrant performance in an application we have not tested, and the buyer is responsible for its own trials and for compliance of its finished product.
5. Samples
Samples are provided free of charge for evaluation. A sample represents the lot it was drawn from and is not a guarantee of future lots unless a specification has been agreed.
6. Delivery and risk
Delivery dates are estimates given in good faith and depend on carrier schedules, port conditions and government processing. Risk passes on delivery at the agreed point. Title passes on payment in full.
7. Claims
Claims as to quantity, damage or visible condition must be noted on the delivery receipt and notified within seven days. Claims as to quality must be notified within thirty days of delivery and before the material is processed, with retained samples available for joint testing.
8. Liability
Our liability in respect of any claim is limited to the invoice value of the material giving rise to it, or replacement of that material, at our option. We are not liable for indirect or consequential loss, including loss of production or profit. Nothing in these terms limits liability that cannot lawfully be limited.
9. Safety
Mineral dusts carry occupational exposure limits. A safety data sheet is supplied with every consignment and is available in advance on request. Handling, ventilation and respiratory protection in the buyer's workplace are the buyer's responsibility.
10. Governing law
These terms are governed by the laws of the State of California, and the courts of that state have exclusive jurisdiction.