Payment of the invoice, acceptance of delivery, or use of the product constitutes the buyer's ("Buyer") full acceptance of these Terms of Sale and the accompanying Product Disclaimer. These terms constitute the entire agreement between Hawk Seale Distributing, LLC ("Seller") and Buyer and supersede any conflicting statements, representations, prior agreements, or understandings — whether oral or written.
Seller offers HawkSeale Concentrate, an asphalt millings rejuvenator and pavement sealer, in the following formats:
Partial totes will be priced per gallon. Tote availability may vary.
All prices are quoted in U.S. Dollars (USD) and are subject to change without notice. Prices listed on the Seller's website or price sheet are effective as of the date published. The price in effect at the time of order confirmation shall apply.
Volume discounts are applied based on the quantity ordered per transaction. Discount tiers cannot be combined across separate orders.
All sales are FINAL. No returns, refunds, exchanges, credits, or cancellations are accepted once payment is made or product is shipped. Due to the chemical nature of the product and variables in mixing, handling, storage, and application conditions, Seller does not accept returns of opened or unopened product.
The only exceptions are (a) product received in a damaged condition due to shipping, or (b) product that does not conform to the exact product ordered. In either case, Buyer must notify Seller within 48 hours of receipt with photographic evidence. Seller will work with the carrier to resolve shipping damage claims.
Seller provides this product strictly on an "AS IS" and "AS AVAILABLE" basis, with NO WARRANTIES of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Seller makes no guarantees regarding product performance due to the wide range of variables involved in surface preparation, mixing ratios, application methods, weather conditions, substrate quality, and other factors outside Seller's control.
Product information, application guides, technical data, and Safety Data Sheets are provided for informational purposes only and do not constitute a warranty or guarantee of results.
Any statements, videos, testimonials, brochures, social media content, or prior discussions regarding expected outcomes, coverage rates, longevity, cost savings, or comparisons to hot-mix asphalt or other products are illustrative only and do not constitute guarantees. Actual results vary widely and depend on the variables described above. Past performance on other projects does not predict results on Buyer's project.
In no event shall Seller be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages arising from the purchase, use, misuse, or inability to use the product, including but not limited to lost profits, property damage, or business interruption.
Seller's total liability for any claim arising under these Terms shall not exceed the purchase price paid for the specific product giving rise to such claim. This limitation applies regardless of the legal theory on which the claim is based, including contract, tort, negligence, strict liability, or otherwise.
Buyer is solely responsible for:
All product names, trademarks, logos, and branding associated with HawkSeale and Hawk Seale Distributing, LLC are the exclusive property of the Seller. Buyer may not reproduce, modify, or use Seller's intellectual property without prior written consent.
Seller shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, supply chain disruptions, labor disputes, or transportation failures.
These Terms of Sale shall be governed by and construed in accordance with the laws of the State of Iowa, without regard to conflict of law principles. Any disputes arising under or related to these Terms shall be resolved exclusively in the state or federal courts located in the State of Iowa, and Buyer consents to the personal jurisdiction of such courts.
Seller reserves the right to modify these Terms of Sale at any time. Updated terms will be effective immediately upon posting to Seller's website. It is Buyer's responsibility to review the current Terms prior to placing an order.
No modification, waiver, or amendment of these Terms applicable to a specific order is valid unless made in writing and signed by an authorized representative of Seller. Oral statements, side communications, or course of dealing do not modify these Terms.
Hawk Seale Distributing, LLC
2476 370th Street
Dayton, IA 50530
Phone: 563-379-3233
Email: info@hawkseale.com
Web: hawkseale.com