Terms of Sale

Terms and Conditions of Sale

You shall be referred to hereinafter as “you” or “customer.” These terms and conditions apply to all goods and services sold by DR Lubricants, Inc. (sometimes referred to as “we”, “us”, or “our”) and your purchase of same indicates your acceptance of these terms and conditions in effect as the date of purchase. Purchase orders must be in conformity with these terms and conditions; any inconsistent or conflicting terms in a purchase order or sale confirmation or the like are rejected and shall be controlled by these terms and conditions unless previously agreed to in writing by you and DR Lubricants, Inc. We reserve the right to refuse service and the sale of product at our discretion and without reason. Any customer transacting business on our website and/or via third-party platforms are subject to the Terms of Service outlined herein.

Pricing & Charges

All pricing is subject to change without notice and is subject to DR Lubricant, Inc.’s standard terms and conditions in effect at the time of shipment. Prices shown on the site do not include shipping costs or any applicable taxes. All prices are quoted in US dollars. Surcharges, restrictions and limitations may be imposed at any time either with or without notice based on supply, demand, governmental mandates/restrictions or any other outside influence not in control of DR Lubricants, Inc. All purchases are subject to applicable freight, shipping, taxes and processing charges. Shipping charges are determined by using a flat rate that is based on the combined weight of all items within the order. Purchases of drum, tote or truckload quantities are quoted LTL FOB and added to the invoice. In some cases, shipping charges may be less or greater than the actual cost to process and ship the order. DR Lubricants, Inc. will pass on carrier surcharges when applicable.

Payment Terms

DR Lubricants, Inc. accepts cash, check, major credit cards and COD with prior approval. All pre-approved open accounts are net thirty (30) days from date of invoice. Failure make full payments within thirty (30) days from date of invoice will be subject to 18% per annum (1.5% monthly) interest charge on all outstanding amounts.  In the event of non-payment, it is understood and agreed that customer will pay, to the extent permitted by law, all reasonable fees pertaining to collection of outstanding invoice amounts including attorney fees, collection agency fees, court costs any other collection expenses incurred by DR Lubricants, Inc.

Delivery

All products and services are FOB unless otherwise specified. Product title and risk of loss or damage pass from DR Lubricants, Inc to carrier or delivery agent when applicable or to customer upon pickup or receipt of product. Customer assumes all responsibility and liability in the proper handling and disposal of hazardous materials. DR Lubricants, Inc. will not ship to California or anywhere outside the continental United States.

Returns and Cancellations

Any claims for discrepancies in shipment, shortages in products or defective products or material claims must be reported within five (5) calendar days of receipt of product and returned within thirty (30) calendar days of the date of shipment. All returns must be made using the original packaging at the expense of customer. All returns of products or materials require a Return Authorization Form (“RAF”) to be completed with an assigned number for receipt. Please call our office to obtain a RAF. No returns will be accepted without an accompanying RAF. No product will be accepted for return after thirty (30) days from date of shipment or receipt of product. Product orders may be cancelled at any time prior to the initiation of the process of fulfillment. The “process of fulfillment” is defined as administrative order preparation, chemical engineering, supply sourcing, additive blending, manufacturing, and packaging of the product or material or any other part of the process of handling and executing customer orders. Customer may cancel an order after the process of fulfillment has begun but before it has concluded but, in such case, will be responsible to pay to DR Lubricants, Inc. a cancellation fee in the amount of 10% of the price of such cancelled order, which amount shall be liquidated damages representing DR Lubricants, Inc.’s lost profits, lost opportunity costs, overhead, and other costs and expense difficult to ascertain or value. Cancellations may be made after the process of fulfillment has been completed but prior to shipment only by mutual agreement, in which case, customer shall immediately be responsible to pay DR Lubricants, Inc. a restocking fee equal to 15% of the price of such order, which amount shall be liquidated damages representing DR Lubricants, Inc.’s lost profits, lost opportunity costs, overhead, and other costs and expenses difficult to ascertain or value. Notwithstanding the foregoing, any attempts by customer to cancel non-defective custom-made products—at any point after the process of fulfillment has begun–shall be void and without effect and the customer shall be responsible for the full payment for such custom-made, manufactured, or processed products without deduction or setoff. All product orders are non-cancellable after shipment or delivery. The following shall apply to any products containing hazardous materials: In the event (i) that customer fails to accept delivery for hazardous material or (ii) cancels an order for products containing hazardous materials after the commencement of the process of fulfillment, without a right to do so in either instance in accordance with these Terms and Conditions of Sale, then, in addition to any other rights, remedies, and damages to which DR Lubricants, Inc. may be entitled, customer shall be liable to DR Lubricants, Inc. for the storage and disposal costs and expenses associated with such hazardous materials.

Damaged or Lost Shipments

All damages or shortages must be noted upon receipt of product and called or emailed into our office within five (5) calendar days. Customers who arrange their own delivery must call their own carrier immediately; each carrier differs in terms and conditions so we advise calling immediately upon discovery of damage or shortage of product. DR Lubricants, Inc will not repurpose, purchase, repackage, resell, consign or recycle any damaged product that has left our plant.

Limited Warranty and Disclaimer

DR Lubricants, Inc. guarantees, certifies and warrants that all manufactured product meets or exceeds specifications as set forth in accompanying material safety data sheets (MSDS). EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, DR Lubricants, Inc. disclaims any AND ALL warranties, express or implied, of merchantability, performance, fitness for a particular PURPOSE, workmanship, quality, durability, suitability or non-infringement including, without limitation, instances where changes, alterations or modifications are made in the products at the request or instruction of the customer. Our SOLE obligation is limited only to the replacement of product or refund in purchase price. at our discretion, Any presumed defective material or product must be reported within seven (7) business days of receipt of product and returned within thirty (30) calendar days of the date of shipment and must be returned in its original packaging at the expense of customer.

Limited Liability; Force Majeure

In no event or circumstance will DR Lubricants, Inc. be liable for punitive, consequential, indirect, special or incidental damages or lost profits arising out of the purchase of product, including but not limited to loss of anticipated opportunity or profits, even if advised of the possibility of such damages or any causes of action for tort, strict liability, death or injury, or property damage or destruction. DR Lubricants, Inc shall not be responsible for any freight or delivery services outside the direct control of the DR Lubricants, Inc., computer or electronic interruptions, mechanical or electrical breakdowns, labor slowdowns/ strikes, war, terrorism, severe weather conditions, natural disasters, acts of God, mandated allocations by suppliers or governmental agencies or any other acts or situations outside the control of the DR Lubricants, Inc.

Hazardous Materials Handling and Disposal

Products are sold for commercial application and use only and not intended for consumer use. Customer is subject to and responsible for local, state and federal laws, regulations, ordinances and orders governing the use and disposal of purchased product and is solely responsible for the proper handling and disposal of same.

Material Safety Data Sheet (MSDS)

MSDS are available and provided with all product purchases and/or available on our website or upon request at any time upon reasonable notice.

Indemnification

You agree to hold harmless and indemnify DR Lubricants, Inc. and its shareholders, directors, officers, employees, agents, representatives, parent entities, subsidiaries, affiliates and independent contractors  from and against any and all costs and expenses, including reasonable attorney fees, losses, claims, damages and obligations or liabilities, whether joint or several, arising out of or in any manner relating to any breach by you of any of the terms, conditions, warranties, representations, covenants and/or set forth in these Terms and Conditions of Sale.

Governing Law and Consent to Jurisdiction.

It is agreed that these Terms and Conditions of Sale and any matters that are the subject of the same shall be governed by, construed and enforced in accordance with the internal laws of the State of Indiana, without regard to its law of conflicts.  You irrevocably consent to any suit, action, or proceeding with respect to these Terms and Conditions of Sale and any matters that are the subject of such terms and conditions being brought in the Circuit or Superior Court of the State of Indiana, in Allen County, Indiana, and in the United States District Court for the Northern District of Indiana, Fort Wayne Division.  Further, you irrevocably waive any immunity, defense, motion or objection from the personal jurisdiction of any such court or from any legal process therein.

Entire Agreement; Severability; Waiver

These Terms of Conditions of Sale are the entire agreement between us with respect to the matters that are the subject of such terms and conditions.  There are no other representations, express or implied, in connection with these Terms and Conditions of Sale.  Any prior oral discussions are deemed merged into these Terms and Conditions of Sale.  This Agreement may not be modified except by written agreement signed Dr Lubricants, Inc. and you. If any provision or part of these Terms and Conditions shall be declared illegal, void, or unenforceable, the remaining provisions shall continue in full force and effect. The failure of DR Lubricants, Inc. to require your performance of any provision herein shall not be deemed a waiver of future compliance therewith and shall not affect the right of DR Lubricants, Inc. to require compliance by you at any time thereafter.

Assignment; Headings; Construction; Survival; Attorney’s Fees

None of your rights or obligations hereunder may be assigned without the prior written consent of DR Lubricants, Inc. and any attempt to do so will be void. The headings to sections or paragraphs herein are for ease of reference only and in no way shall be deemed to limit, define, or restrict the substantive provisions of these Terms and Conditions of Sale. The terms and conditions set forth herein shall survive the termination of any agreement created herein by you.  In that event that DR Lubricants, Inc. shall prevail over you in any litigation, arbitration, or similar proceeding, you shall be responsible for DR Lubricants, Inc.’s attorney’s fees and other costs associated with such proceedings. We continue to enjoy many long and healthy relationships with our customers over the years so please call us should you have any questions or concerns regarding our terms and policies.

DR Lubricants, Inc.
4611 Newaygo Road
Fort Wayne, IN 46808
(260) 484-0301
info@drlubricants.com