{"id":149,"date":"2026-04-22T18:58:25","date_gmt":"2026-04-22T18:58:25","guid":{"rendered":"https:\/\/coatings.twitchellcorp.com\/?page_id=149"},"modified":"2026-04-22T18:58:25","modified_gmt":"2026-04-22T18:58:25","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/coatings.twitchellcorp.com\/?page_id=149","title":{"rendered":"TERMS AND CONDITIONS"},"content":{"rendered":"\n
qti-tc-of-sale-1_2024-08-20<\/a>Download<\/a><\/div>\n\n\n\n

QTI FIBERS HOLDINGS, LLC and its SUBSIDIARIES
STANDARD TERMS AND CONDITIONS
OF ACCEPTANCE AND SALE<\/p>\n\n\n\n

    \n
  1. CONTROLLING TERMS AND CONDITIONS. Buyer\u2019s
    purchase order, whether written or verbal, is accepted only upon
    these terms and conditions. Seller objects to, and shall not be
    bound by, any term or condition on Buyer\u2019s order that is different
    from or in addition to Seller\u2019s terms and conditions. Any additional
    or different terms or conditions proposed by Buyer are hereby
    expressly rejected regardless of how presented, including, without
    limitation, any such terms or conditions presented in any of Buyer\u2019s
    business forms, on Buyer\u2019s website, through any \u2018click through\u2019
    acceptance, or an EDI system. These terms and conditions
    constitute the entire agreement between Buyer and Seller and
    supersede any prior or contemporaneous representations,
    warranties, proposals, terms, conditions, or agreements, whether
    oral or written. No term, condition, description, price, quantity,
    specification, or delivery schedule shall be changed, and no
    agreement or understanding in addition to or different from the
    terms and conditions stated herein shall be binding upon Seller,
    unless signed by an authorized representative of Seller.<\/li>\n\n\n\n
  2. PROPOSAL\/QUOTATIONS. Proposals\/quotations made by
    Seller are only valid in writing and for thirty (30) days from the date
    of the quotation unless otherwise set forth in Seller\u2019s
    prospoal\/quotation. All proposals\/quotations are subject to change
    or withdrawal without prior written notice to Buyer prior to
    acceptance by Buyer unless otherwise specifically stated in the
    quotation. Quotations are made subject to approval by Seller of
    Buyer\u2019s credit.<\/li>\n\n\n\n
  3. PRICE. Unless otherwise specifically agreed to in writing by
    Seller, all prices are exclusive of any freight costs and any sales,
    use, value added, excise, gross receipts, business and occupation
    or similar present or future taxes imposed by any governmental
    body on the sale, delivery, use or other handling of the goods or in
    connection with any transactions contemplated herein. Prices
    assume order quantities sufficient to meet Seller\u2019s standard
    minimum order requirements for applicable products. Unless
    otherwise agreed in writing, any variation in quantities shipped over
    or under the quantities ordered (not to exceed 10%) shall constitute
    compliance with Buyer\u2019s order and the stated price per item will
    continue to apply. Seller reserves the right to adjust prices on
    undelivered products to reflect changes in raw material costs. All
    orders are accepted subject to Seller\u2019s price in effect at time of
    shipment. All prices are F.O.B. Seller\u2019s shipping point.<\/li>\n\n\n\n
  4. PAYMENTS, LATE CHARGES, AND COSTS. Unless
    otherwise specifically agreed to in writing by Seller, terms are net
    thirty (30) days from date of Seller\u2019s invoice. If Buyer fails to pay by
    the due date any sum required to be paid by Buyer to Seller
    hereunder, Buyer will pay to Seller for each delinquent payment or
    part thereof interest from the due date until paid at the lesser of: (i)
    the highest rate published from time to time by the Wall Street
    Journal as the \u201cprime rate\u201d plus 6%; or (ii) the highest rate permitted
    by applicable law. Seller shall also have the right, among other
    remedies, either to terminate the order or to suspend further
    performance in the event Buyer fails to make any payment when
    due. Buyer shall also pay to Seller all reasonable costs and
    expenses (including but not limited to attorney\u2019s fees) incurred by
    Seller in connection with Seller\u2019s efforts to collect such delinquent
    payment(s) or to otherwise enforce the terms and provisions of this
    contract. Any check or remittance received from or for the account
    of Buyer may be accepted and applied by Seller against any
    indebtedness or obligations owing by Buyer as shown by the books
    and records of Seller, without prejudice to or the discharge of the
    remainder of any such indebtedness or obligation, regardless of
    any condition, proviso, statement, legend, or notation appearing
    on, referred to, or accompanying such check or remittance.<\/li>\n\n\n\n
  5. SEPARATE SALE. Each delivery hereunder shall be
    deemed a separate sale, and failure of Seller to make
    delivery hereunder shall not affect any contract with
    respect to any other delivery.<\/li>\n\n\n\n
  6. DELIVERY. Unless otherwise agreed upon in writing
    by Seller, all products ordered by Buyer shall be shipped
    F.O.B. Seller’s facilities. Buyer shall have all risk of loss
    following delivery of the product to Buyer at Seller’s
    facilities. Title and ownership to products shall remain with
    Seller until Seller has received full payment therefore. Any
    claims for shortages or damages suffered in transit shall
    be submitted by Buyer directly to the carrier within ten (10)
    days of delivery. While Seller will use all reasonable
    commercial efforts to maintain the delivery date(s), all
    shipping dates are approximate. Seller reserves the right
    to make partial shipments. Seller, at its option, shall not be
    bound to tender delivery of any goods for which Buyer has
    not provided shipping instructions. If the shipment of the
    goods is postponed or delayed by Buyer for any reason,
    Buyer agrees to reimburse Seller for any and all storage
    costs and other additional expenses resulting therefrom,
    including spoilage or obsolescence. Delivery times shall
    be agreed between Seller and Buyer at the time of each
    order, but shall in any event be subject to Seller\u2019s
    customary lead times.<\/li>\n\n\n\n
  7. CREDIT APPROVAL AND ORDER ACCEPTANCE.
    All orders are subject to acceptance at Seller\u2019s corporate
    office and no order is binding upon Seller until such
    acceptance occurs. Acceptance of any order submitted by
    Buyer shall be subject to credit approval by Seller. If, after
    initial credit approval, Buyer\u2019s credit becomes
    unsatisfactory to Seller, Seller reserves the right to
    terminate any order upon written notice to Buyer. In that
    event, Seller shall have no liability to Buyer for such
    termination and Buyer shall not be entitled to assert any
    claim against Seller for such termination. In lieu of
    termination, Seller, at its sole discretion, may require cash
    or security satisfactory to Seller prior to subsequent
    shipments or deliveries hereunder. The election by Seller
    to require such cash or security shall not affect the
    obligation of Buyer to take and pay for all products.<\/li>\n\n\n\n
  8. SECURITY INTEREST AND LIEN: Buyer grants to
    Seller a security interest and lien upon all goods and
    property of Buyer in the possession of Seller, now and in
    the future (including goods billed and held and including
    goods in the possession of any parent, subsidiary or
    affiliate of Seller), to secure all present and future
    obligations of Buyer to Seller, including without limitation
    the obligations arising out of this contract. Acceptance of
    a note, bill, acceptance, or additional security shall not
    constitute a waiver of Seller’s security interest and lien
    upon such goods. In the event Buyer fails to pay or perform
    any obligation to Seller when due, Seller shall have the
    option to sell all or any part of the goods subject to the
    foregoing security interest and lien at public or private sale
    after ten (10) days written notice to Buyer mailed to Buyer
    by registered mail at Buyer’s last-known address. Seller
    shall be entitled to purchase all or any part of the goods at
    such sale and the proceeds of sale shall be applied first to
    the costs of sale, including reasonable attorneys’ fees, and
    then to Buyer’s obligation to Seller. Buyer shall be
    responsible for any deficiency existing after application of
    the proceeds. The security interest and lien provided for
    herein shall be in addition to all liens and remedies in favor
    of Seller provided by law.<\/li>\n\n\n\n
  9. TOOLING\/MOLDS\/DIES. Unless otherwise agreed to in
    writing by Seller, all Tooling and Molds for which Seller has
    received payment in full and which are used in the manufacture of
    finished products shall remain the property of Buyer. All
    preventative maintenance and refurbishment costs of the above
    items are to be paid for by the owner. Buyer has three years from
    date of last production to take possession of Buyer-owned
    molds\/tools\/fixtures. After such period has elapsed, Seller reserves
    the right to destroy any unclaimed molds\/tools\/fixtures.<\/li>\n\n\n\n
  10. WARRANTIES. Seller warrants that the products delivered
    hereunder shall (A) conform to any written specifications previously
    communicated to Buyer by Seller; (B) be conveyed free and clear
    of any lien, security interest, or encumbrance created by Seller; and
    (C) be free from substantial defects in material and workmanship.
    Seller makes NO OTHER WARRANTIES, EXPRESS OR
    IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY
    OR FITNESS FOR A PARTICULAR PURPOSE. SELLER
    SPECIFICALLY DISCLAIMS ANY WARRANTY RELATING TO
    THE SUITABILITY, INTEGRITY, FUNCTIONALITY, OR ANY
    OTHER ASPECT OF ANY PARTS DESIGN SPECIFICATIONS,
    CONCEPTS, OR IDEAS. BUYER ASSUMES ALL RISKS
    INCURRED IN THE USE OF ANY MATERIAL DELIVERED
    HEREUNDER. NO VERBAL STATEMENTS BY SELLER’S
    AGENTS OR EMPLOYEES, MADE BEFORE OR AFTER THE
    PERFORMANCE OF THIS CONTRACT, AND NO SAMPLES
    SUBMITTED TO BUYER SHALL BE CONSTRUED AS
    CREATING ANY WARRANTIES, EXPRESS OR IMPLIED, FROM
    SELLER.
    In the event of any defect or non-conformity which causes Seller’s
    product not to comply with the foregoing limited express warranty,
    Buyer’s remedy for such breach of warranty shall be limited to
    having Seller repair or replace the product, subject to the
    requirement that Seller is provided with prompt notice of the defect
    or non-conformity and is able to verify the same. Any claim by
    Buyer for any breach of Seller’s limited express warranty with
    respect to any product must be made by Buyer to Seller in writing
    within fifteen (15) days after delivery of the product by Seller or
    such claim shall conclusively be deemed to have been waived by
    Buyer. Buyer shall pay all freight costs incurred in returning the
    defective or non-conforming product to Seller for examination and
    repair or replacement, if appropriate. IN NO EVENT SHALL
    BUYER BE ENTITLED TO CLAIM OR RECOVER ANY
    INCIDENTAL OR CONSEQUENTIAL DAMAGES FROM SELLER
    OF ANY NATURE WHATSOEVER, INCLUDING, WITHOUT
    LIMITATION, DAMAGES FOR LOST PROFITS OR LOSS OF USE
    RESULTING FROM ANY DEFECT OR NON-CONFORMITY IN
    SELLER’S PRODUCTS. In the event Seller fails to repair or replace
    a defective or non-conforming product as aforesaid, Seller\u2019s liability
    shall be limited to return of the purchase price paid by Buyer to
    Seller for such item. Furthermore, in the event that,
    notwithstanding the foregoing, Seller is determined to be obligated
    to Buyer for any damages or costs related in any manner to Seller’s
    product or the performance of any purchase order, Seller’s liability
    will in no event exceed the price paid by Buyer to Seller for the
    product. These provisions allocate the risks related to any defect
    or nonconformity in Seller’s products or performance of any
    purchase order between Buyer and Seller and Seller’s pricing to
    Buyer reflects such allocation of risk and the contractual limitation
    of Seller’s liability stated herein.<\/li>\n\n\n\n
  11. FORCE MAJEURE. Seller shall not be liable for any default
    in, delay, reduction, or failure of delivery due to causes beyond its
    control, including, without limitation, strikes, pandemic, floods, lock
    outs, disputes or disagreements resulting in work stoppages,
    inability to timely acquire the products from Seller’s supplier for
    reasons beyond Seller’s control, embargoes, government
    regulations, military service, war, delays by carriers, lack of
    shipping facilities, unavoidable casualties, fires, storms,
    explosions, epidemics, civil disturbances, acts of God or
    public enemy, or any other causes or conditions in addition
    to the foregoing which are beyond Seller’s control. In any
    such circumstances, Seller may, without liability on
    Seller\u2019s part, cancel or terminate the contract or parts
    thereof or suspend and thereafter, upon removal of the
    difficulty or cause of such default in, delay, reduction, or
    failure of delivery, resume delivery of all or part of the
    products remaining undelivered, and Buyer shall accept
    such deliveries, provided that if such delay in delivery
    exceeds sixty (60) days, Buyer may demand delivery of
    the products so delayed by providing Seller with a written
    demand by registered or certified mail and if said products
    are not shipped by Seller within ten (10) days after receipt
    of such demand, the order at issue shall be deemed
    terminated without liability on Seller’s part, as to said
    products. Seller may, during any period of shortage due to
    any of the above circumstances, allocate its available
    supply of products, services, and resources among itself
    and its customers in such manner as Seller, in its sole
    judgment, deems fair and equitable and\/or eliminate
    any\/all quantities of product(s) affected from this contract
    without liability.<\/li>\n\n\n\n
  12. LIMITATION ON DAMAGES. SELLER SHALL NOT
    BE LIABLE TO BUYER FOR ANY SPECIAL,
    INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL
    DAMAGES (including loss of anticipated profits, business
    interruption, loss of use or revenue, cost of capital or loss
    or damage to property or equipment) arising in any way
    from the relationship of the parties or the production, sale,
    or delivery of the goods by Seller. Seller\u2019s liability to Buyer
    shall be in all cases limited to the price paid by Buyer for
    goods or services provided by Seller relating to the claims
    for damages. Seller will not be liable to Buyer for any loss,
    damage, or injury to persons or property resulting from the
    handling, storage, transportation, resale, or use of its
    products after delivery or from the design of products to
    the extent provided by Buyer. Buyer may not set off any
    payments due hereunder against any other amounts
    Seller or its affiliate may owe to Buyer.<\/li>\n\n\n\n
  13. DEFAULT: The occurrence of any of the
    following shall constitute an event of default under this
    contract: (a) Buyer shall be in default if Seller shall not
    have received a payment from Buyer, when due, and such
    failure of payment shall remain uncured for a period of five
    (5) days; (b) a party shall be in default if it shall fail to
    perform any other obligation under the contract and such
    failure is not excused or cured within ten (10) days after
    written notice thereof, or if it files a petition in bankruptcy
    or otherwise commences or acquiesces in the
    commencement of a proceeding under any bankruptcy,
    insolvency, reorganization, or similar law, or makes an
    assignment for the benefit of creditors, or has a bankruptcy
    petition filed against it which is not withdrawn or dismissed
    within thirty (30) days after filing, or has a liquidator,
    administrator, custodian, receiver, trustee, conservator, or
    similar official appointed with respect to it or any
    substantial portion of its assets or otherwise becomes
    insolvent. In the event of default, the non-defaulting party,
    in its sole discretion, may do any one or more of the
    following: (i) suspend performance under the contract or
    any other agreement between the parties, or (ii) cancel the
    contract or any other agreement between the parties. The
    foregoing rights shall be cumulative and alternative and in
    addition to any other rights or remedies to which the non-
    defaulting party may be entitled under applicable law.<\/li>\n\n\n\n
  14. TERMINATION. Seller shall have the right in its sole
    discretion, by notice given to Buyer, to terminate any order upon
    the occurrence of any direct or indirect, voluntary or involuntary,
    sale, lease, transfer, assignment, merger, consolidation, or other
    disposition of Buyer\u2019s assets, it being understood that in the event
    such shall occur (and without prejudice to the termination remedy
    specified), (x) Buyer shall remain fully liable for its obligations under
    this contract, and (y) the transferee of such assets or such facility
    shall also be liable for all obligations of Buyer under this contract.
    In addition, Seller may cancel any purchase order or releases
    thereunder that are not scheduled for shipment within the
    succeeding thirty (30) days. If Buyer notifies Seller of Buyer\u2019s
    intention not to fulfill any obligation under a purchase order, Buyer
    shall be liable to Seller for all finished goods, work in process, and
    unique or surplus raw materials and supplies produced or ordered
    in reliance on such purchase order. Any and all purchase orders
    for tooling, fixtures, and equipment shall be paid for at the contract
    price, regardless of the stage of completion.<\/li>\n\n\n\n
  15. INTELLECTUAL PROPERTY AND PROPRIETARY
    RIGHTS. All drawings, know how, inventions, devices,
    developments, processes, copyrights, trademarks, patents and
    applications therefore, and other information or intellectual property
    disclosed or otherwise provided to Buyer by Seller, including
    intellectual property developed by Seller as a part of its relationship
    with Buyer, and all rights therein will remain the property of Seller
    and will be kept confidential by Buyer in accordance with these
    terms and conditions. Buyer shall have no claim to, nor ownership
    interest in, any intellectual property and such information, in
    whatever form and any copies thereof, shall be promptly returned
    to Seller upon written request of Seller. Buyer shall indemnify and
    hold Seller harmless against any and all claims, demands, suits
    and\/or costs whatsoever arising out of or relating to any violation
    or infringement or any alleged violation or infringement of any
    patent, trademark, or copyright in relation to any product
    manufactured in accordance with any designs and\/or specifications
    provided by Buyer.<\/li>\n\n\n\n
  16. CONFIDENTIAL INFORMATION. All information furnished
    or made available by Seller to Buyer in connection with the subject
    matter of these terms and conditions, Seller\u2019s quotation, or Buyer\u2019s
    purchase order shall be held in confidence by the Buyer. Buyer
    agrees not to use such information or disclose such information to
    others without Seller\u2019s prior written consent. The obligations in this
    paragraph will not apply to any information in the public domain
    which Buyer can show by written records was in Buyer\u2019s
    possession prior to disclosure by Seller, or any information which
    is legally made available to Buyer by or through a third party having
    no direct or indirect confidentiality obligation to Seller with respect
    to such information. The provisions of this paragraph shall survive
    the delivery of, and payment for, Seller’s products.<\/li>\n\n\n\n
  17. INDEMNITY. Buyer agrees to defend, indemnify, and hold
    Seller, its affiliates, successors and assigns, officers, partners,
    directors, shareholders, members, employees, independent
    contractors, and agents harmless against claims by any third party
    (including Buyer’s employees and customers) arising out of Buyer’s
    negligence, misrepresentation, or unloading, handling, storage,
    transportation, disposal, use, or resale of the products.<\/li>\n\n\n\n
  18. ASSIGNMENT. This contract binds and inures to the benefit
    of Buyer and Seller and their respective successors and permitted
    assigns. Buyer may not assign any interest in, nor delegate any
    obligation under the contract, by operation of law or otherwise,
    without Seller’s prior written consent. Any assignment or attempted
    assignment in contravention of the foregoing shall be null and void,
    shall be considered a breach of the contract, and shall permit
    Seller, in addition to any other rights that it may have, to terminate
    the contract.<\/li>\n\n\n\n
  19. WAIVER. No waiver by either party, whether express or
    implied, of any provision of this contract or any breach or
    default by either party, shall constitute a continuing waiver
    or waiver of any other provision or provisions of this
    contract and no such waiver by either party shall prevent
    such party from enforcing any and all provisions of this
    contract as to any subsequent breach or default by the
    other party under any provisions of this contract.<\/li>\n\n\n\n
  20. SEVERABILITY. If any provision herein shall be
    held to be unlawful or unenforceable, the remaining
    provisions herein shall remain in full force and effect.<\/li>\n\n\n\n
  21. APPLICABLE LAW AND JURISDICTION.
    (A) APPLICABLE TO ORDERS FROM QUANTUM
    MATERIALS, LLC. This contract shall be
    governed and construed in accordance with the
    laws of the State of North Carolina, without
    regard to principles of conflicts of law. Buyer
    hereby consents to the personal jurisdiction of
    the state and federal courts in Guilford County,
    North Carolina, with regard to any lawsuit
    arising out of this contract, or any goods or
    services provided by Seller to Buyer or any
    agreement, obligation, or transaction between
    Seller and Buyer. The United Nations
    Convention on Contracts for the International
    Sale of Goods or any subsequently enacted
    treaty or convention shall not apply to this
    contract or any dispute arising therefrom.
    (B) APPLICABLE TO ORDERS FROM
    TWITCHELL TECHNICAL PRODUCTS, LLC,
    OR INFINITY WOVEN PRODUCTS, LLC. This
    contract shall be governed and construed in
    accordance with the laws of the State of
    Alabama, without regard to principles of
    conflicts of law. Buyer hereby consents to the
    personal jurisdiction of the state and federal
    courts in Houston County, Alabama, with regard
    to any lawsuit arising out of this contract, or any
    goods or services provided by Seller to Buyer or
    any agreement, obligation, or transaction
    between Seller and Buyer. The United Nations
    Convention on Contracts for the International
    Sale of Goods or any subsequently enacted
    treaty or convention shall not apply to this
    contract or any dispute arising therefrom.<\/li>\n\n\n\n
  22. ITAR\/ EXPORT COMPLIANCE. Seller\u2019s products
    and materials may be subject to U.S. ITAR and export
    laws, regulations, rules, treaties, and international
    agreements. Buyer assumes responsibility for abiding with
    all ITAR and export laws, rules, regulations, treaties, and
    international agreements when exporting, re-exporting, or
    transferring, directly or indirectly, any products or technical
    data received hereunder, to any country or user to which
    such export, re-export, or transfer is restricted by United
    States or local country law or regulation without first
    obtaining all required licenses, authorizations,
    certifications, or approvals. By placing an order with Seller,
    Buyer represents that Buyer is not in a sanctioned country,
    nor has Buyer been found in violation of any ITAR or other
    export laws, rules, regulations, treaties, or international
    agreements and had commercial restrictions placed on
    Buyer by the Department(s) of State, Treasury, Justice, or
    Commerce, and Buyer is not listed on the BIS Denied
    Persons List (DEN), the DDTC Debarred List (DBL) or the
    OSOFAC Specially Designated Nationals (SDN) list.<\/li>\n\n\n\n
  23. ANTI-CORRUPTION. Buyer agrees that it will conduct itself
    in compliance with all applicable anti-corruption laws, including
    without limitation the Foreign Corrupt Practices Act, in connection
    with any import, export, use, resale, or further distribution of the
    Product.<\/li>\n\n\n\n
  24. PRODUCT INFORMATION. Buyer acknowledges that it has
    received and is familiar with Seller’s labeling and literature
    concerning the product(s), and Buyer agrees to forward such
    information to its employees, independent contractors, agents,
    customers, and others who unload, handle, store, transport,
    dispose, use, or resell the Product for Buyer.<\/li>\n\n\n\n
  25. BUYER’S USE. Buyer agrees that Buyer has independently
    determined the suitability of the product(s) for Buyer’s application
    or use and assumes all responsibility for the results obtained by
    use of the product(s) whether alone or in combination with other
    materials. Buyer will comply with all laws, rules, and regulations
    pertaining to the handling of the product(s), and Buyer assumes all
    risks and liability arising out of Buyer’s unloading, handling,
    storage, transportation, disposal, use, and resale of the product(s).<\/li>\n\n\n\n
  26. CUMULATIVE RIGHTS. All rights and remedies of Seller
    under this contract are in addition to Seller\u2019s other rights and
    remedies under this contract and as otherwise provided by law and
    are cumulative, not alternative.<\/li>\n<\/ol>\n","protected":false},"excerpt":{"rendered":"

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