Customer Terms & Conditions
GLOBAL CUSTOMER GENERAL TERMS AND CONDITIONS OF SALES
Except to the extent that a signed written agreement has been executed by you (as “Purchaser”) and Hyperion Materials & Technologies, Inc. and/or its affiliates, when ordering products/services from Hyperion Materials & Technologies, Inc. and/or its affiliates, you are agreeing, on your behalf and on behalf of any of your affiliates with an interest in such products/services, that the General Terms and Conditions of Sale (the “General Terms”) set forth below shall apply to the exclusion of any other terms or conditions that may be sought to be invoked by you and/or your affiliates (including without limitation any terms referenced in any purchase order or on any online website or electronic platform), or which are implied by trade, custom, practice or course of dealing.
If any term or provision of the General Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of the General Terms or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or provision of the General Terms is invalid, illegal, or unenforceable, such term or provision shall be modified in order to effect the original intent of the parties as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.