Terms of Sale

1. Acceptance of Terms

By placing an order with Hawk Seale Distributing, LLC ("Seller"), the buyer ("Buyer") agrees to be bound by these Terms of Sale. These terms constitute the entire agreement between Seller and Buyer and supersede any prior agreements, representations, or understandings.

2. Products

Seller offers HawkSeale Concentrate, an asphalt millings rejuvenator and pavement sealer, in the following formats:

• 5-Gallon Pails
• 55-Gallon Drums (individual, pallet, and bulk quantities)
• 275-Gallon Totes (equivalent to 5 drums)
• 330-Gallon Totes (subject to availability)

Partial totes will be priced per gallon. Tote availability may vary.

3. Pricing

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.

4. Payment Terms

• All orders are Due on Receipt unless otherwise agreed in writing.
• For orders exceeding $1,000 USD, payment by bank wire transfer or money order is preferred.
• Credit card payments are accepted via QuickBooks Payments and are subject to processing at the time of order.
• Orders will not be shipped until payment is received and verified in full.
• Returned or dishonored payments are subject to a $35 service fee plus any applicable bank charges.

5. Shipping & Delivery

• Shipping is included in the listed price for deliveries within the contiguous United States (48 states).
• Deliveries to Hawaii, Alaska, and Canada are subject to additional shipping charges, which will be quoted prior to order confirmation.
• Canadian orders are subject to additional customs duties and taxes, payable by the Buyer.
• Liftgate delivery and/or delivery to residential addresses may incur an additional charge of up to $125.00 per delivery.
• Buyer must have appropriate equipment (dock or forklift) to receive pallet shipments (530 lbs to 2,750 lbs) unless liftgate service is requested.
• Delivery timelines are estimates only. Seller is not liable for delays caused by carriers, weather, or circumstances beyond Seller's control.
• Title and risk of loss transfer to Buyer upon delivery to the carrier (FOB Origin).

6. Returns & Refunds

No refunds will be issued. Due to the chemical nature of the product and variables in mixing, handling, storage, and application conditions, all sales are final. Seller does not accept returns of opened or unopened product.

If product is received in a damaged condition due to shipping, Buyer must notify Seller within 48 hours of delivery with photographic evidence. Seller will work with the carrier to resolve shipping damage claims.

7. Warranty Disclaimer

No warranties, express or implied, are provided with the sale of HawkSeale Concentrate, 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, and technical data are provided for informational purposes only and do not constitute a warranty or guarantee of results.

8. Limitation of Liability

In no event shall Seller be liable for any indirect, incidental, special, consequential, or punitive damages arising from the purchase, use, 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 of the specific product giving rise to such claim.

9. Buyer Responsibility

Buyer is solely responsible for:

• Determining the suitability of the product for Buyer's intended application
• Proper surface preparation, mixing, and application in accordance with Seller's published guidelines
• Compliance with all local, state, and federal regulations regarding the use and application of the product
• Reviewing the Safety Data Sheet (SDS) prior to handling or applying the product
• Ensuring adequate training of personnel involved in product application

10. Intellectual Property

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.

11. Force Majeure

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.

12. Governing Law & Jurisdiction

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.

13. Modifications

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.

14. Contact Information

Hawk Seale Distributing, LLC
2476 370th Street
Dayton, IA 50530
Phone: 563-379-3233
Email: info@hawkseale.com
Web: hawkseale.com