Terms & Conditions

TERMS AND CONDITIONS OF SALE

General.
The terms and conditions stated herein (“Terms”) apply to all offers made and orders accepted by Polar Tech. Polar Tech objects to any terms or conditions that are different from or additional to these Terms. Polar Tech’s acceptance of an order is expressly conditioned on the Buyer’s acceptance of these Terms. Any change in these Terms must specifically be agreed to in a writing signed by an authorized officer of Polar Tech.

Cancellation.
All product order cancellations, if not prohibited above, must be approved by Polar Tech, and may be denied or subject to restocking fees and other charges.

Severability.
If any portion of these terms and conditions is found to be invalid or unenforceable, the invalid or unenforceable term shall be severed from these terms and conditions, and the remaining terms and conditions shall be valid and fully enforceable as written.

Modification of Terms.
Polar Tech's acceptance of any order is subject to Customer’s assent to all of the terms and conditions set forth herein. Customer's assent to these terms and conditions shall be presumed from Customer's receipt of Polar Tech's acknowledgment, or from Customer’s acceptance of all or any part of the products ordered. No additions or modifications of Polar Tech's terms and conditions by Customer shall be binding upon Polar Tech, unless agreed to in writing by an authorized representative of Polar Tech. If a purchase order or other correspondence submitted by Customer contains terms or conditions contrary or in addition to the terms and conditions contained herein or in Polar Tech's acknowledgment, Polar Tech's fulfillment of any such purchase order shall not be construed as assent to any of the terms and conditions proposed by Customer, and will not constitute a waiver by Polar Tech of any of the terms and conditions contained herein or in Polar Tech's acknowledgment. Polar Tech reserves the right to accept or reject any order.

Complete Agreement.
The terms and conditions in: (i) Polar Tech's forms; (ii) acknowledgments; (iii) quotations; (iv) invoices; (v) web sites; (vi) catalogs; and (vii) extension of credit are incorporated herein by reference, and constitute the entire and exclusive agreement between Customer and Polar Tech.

Authorization.
Customers represent that any person accepting these Terms of Sale on behalf of the Customer is authorized to do so and that all employees and representatives of the Customer who access polar-tech.com or any other Polar Tech website or application on behalf of the Customer or otherwise purchase products from Polar Tech on behalf of Customer have the legal right, and are duly authorized, to make such purchases and further authorized to enter into agreements relating to the purchase of products or services or to obtain pricing or discounts from Polar Tech on behalf of Customer. Customers hereby agree to indemnify and hold Polar Tech harmless against any breach of this representation.

1. Catalog/Website Information.
Product depictions in the catalogs and websites are for illustrative purposes only. Possession of, or access to, any Polar Tech catalog, literature, or websites does not constitute the right to purchase products. Polar Tech reserves the right to revise publishing errors in its catalogs or any of its websites. Despite our efforts, occasional pricing errors may occur in the Polar Tech catalogs and websites, and Polar Tech reserves the right to correct or change such pricing errors without notice. Polar Tech further reserves the right to cancel any and all orders resulting from such pricing errors, even if Customer has received an order confirmation from Polar Tech.

2. Product Substitution.
Products may be substituted and may not be identical to descriptions and/or images published in the catalog or on the website.

3. Safety Data Sheets.
Safety Data Sheets (“SDS”) are required for OSHA defined hazardous substances. POLAR TECH MAKES NO WARRANTIES AND EXPRESSLY DISCLAIMS ALL LIABILITY TO ANY CUSTOMER OR USER WITH RESPECT TO THE ACCURACY OF THE INFORMATION OR THE SUITABILITY OF THE INFORMATION IN ANY SDS. CUSTOMER END USER IS SOLELY RESPONSIBLE FOR ANY RELIANCE ON OR USE OF ANY INFORMATION, AND FOR USE OR APPLICATION OF ANY PRODUCT. Send SDS requests to Polar Tech Industries, 415 E. Railroad Ave., Genoa, IL 60135, or call 1-800-423-2749.

Prices and Payment Terms

Polar Tech Industries sells its complete offering wholesale to Business Customers, while also serving individuals. Product prices do not include freight, taxes or duties and are subject to correction or change without notice. Payment terms are net thirty (30) days from the date of the applicable invoice. All credit extended, and the limits of such credit, may be revoked or reduced by Polar Tech at any time and for any reason. Polar Tech reserves the right to charge a convenience fee for late payments. Polar Tech further reserves the right to charge Customer a late payment fee at the rate of one and one-half percent (1.5%) of the amount due for each month or portion thereof that the amount due remains unpaid, or such amount as may be permitted under applicable law.The Buyer shall be liable for all costs and expenses, including but not limited to attorney’s fees, incurred by Polar Tech in the collection of any amount owed by the Buyer.

Credit Balance

Customer agrees that any credit balance(s) issued by Polar Tech must be used within one (1) year from the date the credit was issued and may only be used for purchases of products. Any unused credit or portion thereof will automatically expire after one (1) year, or be processed pursuant to state law.

Taxes

The Buyer is responsible for the payment of any applicable sales, use, excise, or other applicable tax. Buyer shall indemnify, defend, and hold Polar Tech harmless from any and all claims for such taxes.

Fees

Polar Tech Industries reserves the right to assess fees, surcharges, charges, and administrative costs in connection with the processing, handling, production, shipment, modification, cancellation, collection, and fulfillment of orders. Such fees may include, but are not limited to, the following:

• Drop ship fees, for orders shipped directly to a third party or alternate destination on Customer’s behalf.
• Rush, expedited, or priority processing fees, for orders requiring accelerated processing, production, scheduling, or delivery.
• Cancellation, return, and restocking fees, for orders cancelled after acceptance or for products returned to Polar Tech, as further described in the Returns section of these Conditions of Use.
• Order modification, split shipment, or administrative fees, for changes requested after order submission, including changes to items, quantities, specifications, shipping instructions, delivery dates, addresses, labeling, documentation, or other order-related requirements.
• Storage, warehousing, or delayed shipment fees, where shipment is delayed at Customer’s request or due to Customer’s actions or inactions.
• Late payment charges, interest, collection costs, and attorney’s fees, for invoices not paid within applicable payment terms, as further described in the Payment Terms section of these Conditions of Use.
• Returned payment or declined transaction fees, for any check, ACH transfer, wire transfer, electronic payment, or credit card transaction that is returned, rejected, declined, disputed, charged back, or otherwise dishonored.
• Carrier re-consignment, rerouting, redelivery, detention, or address correction fees, resulting from Customer-requested shipment changes or inaccurate shipping information provided by Customer.
• Custom, made-to-order, modified, or non-standard product fees, for products manufactured, configured, labeled, packaged, or otherwise prepared to Customer specifications or requirements.
• Governmental, regulatory, tariff-related, environmental, recycling, fuel surcharge, or compliance-related fees or surcharges, where applicable.

Applicable fees may be reflected in Polar Tech’s quotations, invoices, order acknowledgments, published policies, fee schedules, freight schedules, tariff schedules, website postings, or other written or electronic communications. Polar Tech reserves the right to add, modify, revise, or remove fees at any time, in its sole discretion, without prior notice, to the extent permitted by applicable law.

Customer agrees to pay all applicable fees, surcharges, costs, and charges associated with Customer’s order, including any third-party costs incurred by Polar Tech as a result of Customer requests, changes, delays, inaccuracies, non-payment, or other actions or omissions.

All fees are non-refundable unless expressly approved by Polar Tech in writing.

Cancellation/Refund Policy

All order cancellations must be approved by Polar Tech, and may be denied or subject to restocking fees and other charges.

Product returns must be made within 30 days from date of purchase, unless otherwise indicated. Proof of purchase is required. Contact order support 📧 Email Order Support for instructions on returns. Polar Tech does not take title to returned products until the item is received by Polar Tech at the applicable return location. Returned product must be in original packaging, unused, undamaged, and in saleable condition.

Prices stated are F.O.B. origin, freight prepaid to destination specified in the order. Polar Tech charges a shipping and handling fee, (which includes internal handling and related costs), on each order which is applied at time of order and reflected on Customer's invoice. Receipts for shipping and handling charges will not be furnished. COD shipments may be permitted. Other terms and conditions may apply for other than standard ground delivery ("Other Freight Services"), including without limitation, expedited same day delivery, less than truckload (LTL) shipments, air freight, freight collect, export orders, Customer's carrier, shipments outside the contiguous U.S. or other special handling by the carrier. Any charges incurred for Other Freight Services must be paid by Customer. Fuel surcharges may be applied. Title and risk of loss pass to Customer upon tender of shipment to the carrier. If the product is damaged in transit, Customer's only recourse is to file a claim with the carrier.

Arbitration

Any and all controversies or claims arising out of these Terms or the transaction to which they relate shall be resolved by arbitration in Chicago, Illinois. Such arbitration shall be conducted in accordance with the then applicable rules of the American Arbitration Association. The arbitration award shall be final and binding upon the parties and judgment thereon may be entered in any court having jurisdiction. Any claim must be filed within six (6) months of the alleged breach.

Biodegradable Regulatory Notice

Regulatory Notice: California law prohibits the sale of plastic packaging and plastic products that are labeled with the term ‘biodegradable’ or any form of this term or imply in any way that the item will break down, biodegrade, or decompose in a landfill or any other environment. These restrictions apply to all sales in or into the State of California. For sales in or into any and all jurisdictions which prohibits such claim by law, rule, or regulation, Polar Tech Industries makes no claims that these products will break down, biodegrade, or decompose in a landfill or any other environment, and reserves all rights without prejudice. Polar Tech reserves the right to change our policy as regulations develop and releases all liability to the end purchaser and end user of the product.

NOTICE REGARDING INTELLECTUAL PROPERTY

Polar Tech has invested substantial resources to create, develop and market its products and has taken appropriate measures to ensure that Polar Tech's proprietary rights in and to such products are protected. Polar Tech's trademarks may not be used in connection with any product or service that is not Polar Tech's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Polar Tech. All other trademarks not owned by Polar Tech that appear in any Polar Tech service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Polar Tech.

You are hereby notified that Polar Tech will pursue all available legal remedies to prevent or stop any misuse, misappropriation or infringement of any of Polar Tech's trade secrets, trademarks, copyrights, patents or other intellectual property rights.

Depending on the nature of the particular violation, anyone who is found to have violated Polar Tech's proprietary rights could, for example, be liable for three times the actual damages suffered by Polar Tech or statutory damages of up to $150,000. Polar Tech could also be awarded its costs and attorney's fees.

In certain cases, the violation may constitute a crime which could result in a 5 year prison term and a fine of $250,000 or, in the case of corporate offenders, a fine of $500,000.

View full Intellectual Property notice