Express Chemical Terms & Conditions
Last updated November 10, 2026.
Terms and Conditions of Sale and Website Use
These Terms and Conditions (these “Terms”) govern every quotation, order, and sale of products (“Goods”) by Express Chemical LLC, 10465 Manchester Rd., Kirkwood, Missouri 63122 (“Express Chemical,” “Seller,” “we,” or “us”) to the purchaser (“Buyer,” “Customer,” or “you”), whether the order is placed on expresschemical.com (the “Site”), by phone, by email, or by purchase order, and they govern your use of the Site. By placing an order, creating an account, or using the Site, you accept these Terms on behalf of yourself and any business you represent.
1. Applicability; Entire Agreement; Changes
These Terms, together with Seller’s order confirmation, invoice, and bill of lading (“BOL”) for a specific sale, are the entire agreement between the parties for that sale and supersede all prior or contemporaneous quotations, negotiations, representations, and communications, written or oral. If a sale is covered by a prior written contract signed by Seller, that contract governs and these Terms supplement it to the extent not materially inconsistent. Seller expressly rejects any additional, different, or conflicting terms, including any terms in Buyer’s purchase order, vendor portal, acknowledgment, website, or other document, whether or not Seller objects to them specifically; Seller’s acceptance of an order or delivery of Goods is not acceptance of Buyer’s terms. If these Terms conflict with a BOL or invoice, these Terms control. These Terms may be amended only by a writing signed by an authorized officer of Seller that expressly states it amends these Terms. Seller may revise these Terms for future orders at any time by posting the revised version on the Site, and the version posted when an order is placed governs that order.
2. Orders, Pricing, and Acceptance
All orders are subject to acceptance by Seller, and Seller may decline, limit, or cancel any order for any lawful reason, including suspected fraud, resale restrictions, regulatory concerns, credit, or inability to ship lawfully to the destination. An order confirmation acknowledges receipt of the order; the sale is accepted when the Goods ship. Prices are in U.S. dollars, exclude taxes and freight unless stated, and may change without notice. Seller uses reasonable efforts to keep pricing, descriptions, specifications, images, and availability accurate, but errors occur. If a Good is listed at an incorrect price or with incorrect information, Seller may cancel the order or offer the correct price, even after the order is confirmed or charged, and any amount charged for a cancelled order will be refunded. Images are illustrative; containers and labels may vary. Seller may substitute Goods of equal or better specification from another manufacturer unless Buyer has specified a brand in writing.
3. Payment; Credit; Chargebacks
Orders placed on the Site are paid in full at the time of order by credit card, debit card, or ACH through Seller’s payment processor. Card data is entered in a field hosted by the processor and is not stored on Seller’s systems. Buyers approved for credit may purchase on open account; unless the credit approval or invoice states otherwise, payment is due net thirty (30) days from the invoice date, in full, without setoff or deduction. Past-due balances bear interest at one and one-half percent (1.5%) per month or the maximum rate permitted by law, whichever is less, from the due date until paid. Buyer shall pay all costs of collection, including reasonable attorneys’ fees and court costs, whether or not suit is filed and on appeal. If Buyer fails to pay when due, or if Seller at any time has reasonable doubt about Buyer’s financial responsibility, Seller may suspend or cancel deliveries, require payment in advance or other satisfactory security, and apply any payment to any invoice at its discretion. Buyer shall reimburse Seller for all sales, use, excise, environmental, and similar taxes, duties, fees, and surcharges imposed on the sale, production, or transportation of the Goods, unless Buyer provides a valid exemption certificate before shipment. Buyer agrees not to initiate a chargeback or payment dispute for any amount properly charged under these Terms and shall reimburse Seller for any chargeback fees, costs, and amounts reversed for charges that were valid.
4. Freight, Delivery Services, and Additional Charges
Goods ship from Seller’s warehouse in Granite City, Illinois, or another facility Seller designates. Freight charges shown at checkout are calculated for the ship-to address, container sizes, quantities, and delivery services you enter and are valid only for that order as entered. Seller selects the carrier, routing, and packaging unless otherwise agreed in writing. Drums, totes, and palletized Goods ship by less-than-truckload (“LTL”) motor freight to a commercial address with a loading dock or forklift and personnel able to unload. If your location requires additional services you must select them at checkout: liftgate (no dock or forklift), residential or limited-access delivery (homes, farms, schools, churches, military bases, construction sites, storage facilities, and similar locations), or inside delivery. Each service adds a charge shown before you pay. If a service you did not select is required or requested at delivery, if the address or receiving conditions differ from what you entered, if the carrier must wait, redeliver, reconsign, or store the shipment, or if the actual weight, class, or dimensions of the shipment differ from those used to quote, the carrier’s additional charges will be billed to Buyer and Buyer authorizes Seller to charge them to the payment method on file. Buyer is responsible for providing equipment and labor suited to receiving and unloading the Goods. Delivery dates and transit times are estimates only; Seller is not liable for delays or failures caused by carriers or other third parties. Seller may ship in one or more lots, each of which is a separate sale. Orders received before the cutoff time posted on the Site on a business day are generally tendered to the carrier the same day; this is a goal, not a guarantee. If Seller delivers a quantity up to ten percent (10%) more or less than ordered, Buyer may not reject the Goods and shall pay the pro-rated price for the quantity delivered.
5. Title and Risk of Loss
Title and risk of loss pass to Buyer when Seller tenders the Goods to the carrier at Seller’s shipping point (F.O.B. shipping point), regardless of who pays freight. For Goods picked up by Buyer, title and risk of loss pass when the Goods are placed on Buyer’s owned or leased vehicle or equipment, and for bulk liquids or solids, at the point of discharge from Seller’s fill nozzle or discharge tube. Seller’s weights and measures govern. As security for payment, Buyer grants Seller a purchase-money security interest in the Goods and all proceeds, including insurance proceeds, until paid in full, and authorizes Seller to file financing statements and amendments under the Uniform Commercial Code without Buyer’s signature.
6. Inspection; Freight Loss or Damage; Non-Delivery
Buyer must carefully inspect every shipment at the time of delivery for loss or damage, both apparent and concealed. For LTL, rail, or air shipments, Buyer must note every shortage, leak, or damage on both the carrier’s copy and Buyer’s copy of the delivery receipt before signing, keep the Goods and all packaging, photograph the damage, request a carrier inspection, and notify Seller within three (3) business days of delivery. For parcel shipments (UPS, FedEx, USPS), Buyer must report loss or damage to Seller immediately and retain the Goods and packaging for instructions. Seller will assist with a carrier claim but is not liable for loss or damage in transit, and a clear delivery receipt is conclusive evidence of receipt in good condition. The quantity recorded by Seller at dispatch is conclusive evidence of the quantity delivered unless Buyer provides conclusive evidence to the contrary. Seller is not liable for non-delivery unless Buyer gives written notice within five (5) business days of the date the Goods would ordinarily have arrived, and Seller’s liability for non-delivery is limited, at Seller’s option, to replacing the Goods within a reasonable time or adjusting the invoice.
7. Nonconforming Goods; Claims
Buyer shall inspect the Goods on receipt and is deemed to have accepted them unless Buyer notifies Seller in writing within three (3) business days of delivery, and before the Goods are used, that they are Nonconforming and provides the documentation Seller requests. “Nonconforming Goods” means only Goods that are different from those identified on the order confirmation or BOL, or whose label or packaging incorrectly identifies the contents. For timely reported Nonconforming Goods, Seller will, at its sole option, replace the Goods or credit or refund the purchase price together with reasonable shipping expenses, and Buyer shall return the Nonconforming Goods as Seller directs at Seller’s expense. These are Buyer’s exclusive remedies for Nonconforming Goods. All other claims of any kind, whether based on contract, warranty, negligence, strict liability, other tort, or otherwise, are waived unless made in writing and received by Seller within thirty (30) days after delivery or before the Goods are used, processed, combined, or resold, whichever occurs first, regardless of when the facts giving rise to the claim were discovered.
8. Cancellations and Returns
Buyer may cancel an order at no charge at any time before it ships by calling 314-266-4600 or emailing [email protected]. No Goods may be returned without Seller’s prior written return authorization. After shipment, returns are accepted at Seller’s discretion within fourteen (14) days of delivery only for Goods that are unopened, in their original sealed containers, and in resalable condition. Buyer is responsible for the original freight charges and the return freight charges, and a restocking fee of twenty-five percent (25%) of the product purchase price applies. Return shipping of hazardous materials must comply with U.S. Department of Transportation regulations and be performed by a properly certified carrier; Seller can arrange return freight at Buyer’s expense. Opened, partially used, relabeled, custom-blended, special-order, drop-shipped, and discontinued Goods cannot be returned. Refunds are issued to the original payment method after the Goods are received and inspected and Seller confirms they are resalable. Any exchange is at Seller’s discretion and is subject to the same conditions.
9. Limited Warranty
Seller warrants only that, at the time of shipment, the Goods will be of the quantity specified and will conform to Seller’s current published specifications and the specifications on the product label, and that Seller has good title to the Goods. SELLER MAKES NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND DISCLAIMS ALL OTHER WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. As to any Goods that Seller has purchased and resold without further processing, Seller makes no warranty whatsoever, passes through only such warranty as the manufacturer provides, and disclaims responsibility for such Goods failing to meet any specification set by anyone other than Seller. Buyer is solely responsible for determining the suitability of the Goods for Buyer’s intended use and assumes all risk and liability for results obtained from using the Goods, alone or in combination with other substances. Seller is not liable for breach of warranty unless Buyer gives written notice reasonably describing the defect within thirty (30) days after delivery and before use, gives Seller a reasonable opportunity to examine the Goods (and returns samples or Goods as requested), and Seller verifies the defect. Seller’s sole obligation and Buyer’s sole and exclusive remedy for breach of warranty is, at Seller’s option, replacement of the Goods or refund of the purchase price paid for the Goods.
10. Limitation of Liability; Time to Bring Claims
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SELLER OR ITS OWNERS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, CONTINGENT, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOSS OF USE, LOSS OF DATA, COST OF SUBSTITUTE GOODS, PRODUCTION DOWNTIME, OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO THE GOODS, THEIR SALE, DELIVERY, OR USE, THE SITE, OR THESE TERMS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT OR PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ANY REMEDY OF ITS ESSENTIAL PURPOSE. SELLER’S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS RELATING TO AN ORDER SHALL NOT EXCEED THE PURCHASE PRICE PAID TO SELLER FOR THE GOODS GIVING RISE TO THE CLAIM. Any claim by Buyer arising out of or relating to the Goods, their delivery, or these Terms is waived and released unless presented to Seller in writing and filed in a court specified in Section 20 within one (1) year after the date of delivery or, for non-delivery, the date the Goods were to be delivered. Buyer waives any right to bring or participate in a class, collective, or representative action against Seller; all claims must be brought in Buyer’s individual capacity.
11. Hazardous Materials; Safety Data Sheets; Buyer’s Responsibilities
Buyer acknowledges that the Goods are, or may be suspected to be, hazardous to human health, property, and the environment, and may be flammable, combustible, corrosive, toxic, oxidizing, or otherwise regulated by the U.S. Department of Transportation, OSHA, the EPA, and state and local authorities. Safety Data Sheets (“SDS”) are available on each product page of the Site and on request, and Buyer acknowledges present or past receipt of the SDS for the Goods ordered. By ordering, Buyer represents that it has read the SDS and label, is familiar with the hazards of the Goods, is purchasing for business, industrial, or professional use and not for household or consumer use, is at least 18 years of age, and is qualified and legally permitted to purchase, receive, store, handle, use, and dispose of the Goods. Buyer shall keep itself informed, without reliance on Seller, of all hazards associated with handling and using the Goods and their containers; shall advise and train its employees, contractors, and others who handle the Goods, including Buyer’s own customers and foreseeable end users, of those hazards and of emergency procedures; and shall receive, store, handle, use, transport, and dispose of the Goods and containers in a manner that protects persons, property, and the environment and complies with all applicable laws, regulations, and permits. Seller’s recommendations and advice, technical or otherwise, concerning unloading, loading, storage, handling, or use of the Goods, alone or with other products, are given gratis and without obligation or liability; Buyer accepts and acts on them solely at its own risk. Seller may require Buyer to provide an end-use statement, business license, or other identifying information for certain Goods, including List I or List II chemicals and other regulated substances, and may report transactions as required by law. Seller will not knowingly sell Goods for unlawful purposes.
12. Indemnification
Buyer assumes complete responsibility for, and shall defend, indemnify, and hold harmless Seller and its owners, officers, employees, and agents from and against all claims, demands, suits, judgments, fines, penalties, damages, losses, costs, and expenses, including reasonable attorneys’ fees and actual costs, for injury to or death of any person, damage to any property, environmental harm, or regulatory violation arising out of or relating to the handling, transportation, storage, possession, processing, further manufacture, use, resale, or disposal of the Goods or their containers, alone or in combination with other substances, after Seller’s tender of the Goods to the carrier at the shipping point or to Buyer, or arising from Buyer’s breach of these Terms, Buyer’s negligence or misconduct, or Buyer’s use of the Site; provided that this Section does not require Buyer to indemnify Seller for liability finally determined by a court to have resulted solely from Seller’s gross negligence or willful misconduct. Seller shall be responsible for the Goods while they are in Seller’s possession and before the carrier receives them for transport.
13. Insurance; Compliance with Laws; Export
Buyer shall maintain workers’ compensation insurance as required by law and commercial general liability insurance with limits appropriate to its operations, and upon Seller’s request shall furnish a certificate of insurance naming Seller as an additional insured with a waiver of subrogation. Buyer shall comply with all laws applicable to its purchase, possession, and use of the Goods, including hazardous materials, environmental, health and safety, drug precursor, and export control laws, and shall maintain all licenses and permits required to do so. The Goods may not be exported, re-exported, or diverted contrary to U.S. law or without Seller’s written consent, and may not be sold to any sanctioned person or destination.
14. Returnable Containers
All returnable containers, including totes, drums, cylinders, and pallets designated as returnable, remain Seller’s property. Buyer shall use them only for reasonable storage of the original contents and shall return them to Seller, F.O.B. Seller’s shipping point, empty as defined by law, clean, and in good condition within sixty (60) days of the original shipment date. Seller may require a deposit at the time of payment; the deposit, less a handling fee, is credited on timely return in good condition. Containers not returned within sixty (60) days may be rejected and the deposit retained, and Buyer shall pay the replacement cost of any container lost, damaged, contaminated, or not returned. Buyer assumes all responsibility for the containers from delivery until their return.
15. Force Majeure; Allocation
Seller is not liable for, and is not in breach because of, any failure or delay in performance caused by events beyond its reasonable control, including acts of God, war, terrorism, riots, civil unrest, fire, explosion, flood, severe weather, epidemic, strikes, lockouts, or other labor disputes, injunctions or governmental actions or orders (including good-faith compliance with any statute, regulation, or order whether or not later held invalid), inability to obtain fuel, power, raw materials, labor, containers, or transportation, carrier delays or capacity shortages, accidents, equipment failure, supplier failures, telecommunications or utility outages, or any other contingency making performance impracticable. Any delivery so suspended may be cancelled without liability, and the remainder of the agreement is unaffected. During any shortage, Seller may allocate its available supply among its customers on any basis it deems fair and practicable without liability for failure to deliver.
16. Termination; Suspension
In addition to its other remedies, Seller may terminate any order or agreement or suspend sales and deliveries immediately on written notice if Buyer fails to pay any amount when due, breaches these Terms, becomes insolvent, makes an assignment for the benefit of creditors, or becomes the subject of bankruptcy, receivership, or similar proceedings. Termination does not relieve Buyer of obligations incurred before termination.
17. Website Use, Accounts, and Intellectual Property
You may order as a guest or create an account. You are responsible for keeping your credentials confidential and for all activity under your account, and you must notify Seller immediately of any unauthorized use. You agree to provide accurate and complete information, including a delivery address able to receive the type of freight ordered, and Seller may verify your identity, business, and payment information before shipping. The Site and its content, including text, product descriptions, SDS compilations, images, logos, pricing, and software, are owned by Seller or its licensors and protected by intellectual property laws; you may use them only to evaluate and purchase Goods from Seller. You may not copy, scrape, or republish Site content or pricing, use automated tools to access the Site, interfere with its operation, attempt to access other users’ information, misrepresent your identity, or place fraudulent orders. THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND; SELLER DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, AND IS NOT RESPONSIBLE FOR THIRD-PARTY WEBSITES LINKED FROM THE SITE. Seller may suspend or terminate accounts and refuse service to anyone at its discretion.
18. Confidentiality
All non-public information disclosed by Seller to Buyer, including pricing, discounts, rebates, specifications, formulations, sources of supply, and business information, whether or not marked confidential, is Seller’s confidential information, may be used by Buyer only to purchase and use the Goods, and may not be disclosed to third parties without Seller’s prior written consent. Seller is entitled to injunctive relief for any breach of this Section without posting bond. This Section does not apply to information that is public through no fault of Buyer, already lawfully known to Buyer, or required to be disclosed by law.
19. Electronic Communications and Text Messaging Program
By placing an order or creating an account, you consent to receive order confirmations, invoices, shipping notices, SDS and regulatory notices, and account communications by email, and you agree that electronic records, notices, and signatures satisfy any requirement that communications be in writing or signed. You may unsubscribe from marketing email at any time using the link in any message; transactional messages about your orders and account will continue.
Text messages. If you check the text-message box at checkout or in your account settings, or text a keyword to our number, you give Express Chemical your express written consent to send recurring automated order, shipping, and delivery updates, account notices, and occasional promotional messages by SMS or MMS to the mobile number you provide, using an automatic telephone dialing system or other technology. Consent is not a condition of purchase. Message frequency varies. Message and data rates may apply. You may cancel at any time by replying STOP to any message; you will receive one confirmation text and no further messages unless you opt in again. Reply HELP for help, or contact us at 314-266-4600 or [email protected]. Wireless carriers are not liable for delayed or undelivered messages. You represent that you are the account holder or have the account holder’s permission for the number provided and agree to notify us if you change or give up that number. Mobile numbers and text-messaging opt-in information are not sold, rented, or shared with third parties or affiliates for their marketing purposes; they are shared only with the service providers that deliver messages on our behalf. See our Privacy Policy for details.
20. Governing Law; Venue; Jury Waiver
These Terms and every sale are governed by the laws of the State of Missouri, without regard to its conflict-of-laws rules; the United Nations Convention on Contracts for the International Sale of Goods does not apply. Any action arising out of or relating to these Terms, the Site, or the Goods shall be brought exclusively in the state or federal courts located in St. Louis County, Missouri, and each party irrevocably submits to the personal jurisdiction and venue of those courts, except that Seller may bring collection actions in any court having jurisdiction over Buyer or its assets. EACH PARTY KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR THE GOODS.
21. Notices
Notices to Seller must be in writing and delivered by hand, nationally recognized overnight courier, or certified mail, return receipt requested, to Express Chemical LLC, 10465 Manchester Rd., Kirkwood, MO 63122, with a copy by email to [email protected]. Notices to Buyer may be delivered to the email or postal address on the order and are effective when sent.
22. General
Buyer may not assign or transfer these Terms or any order, in whole or in part, without Seller’s written consent, and any attempted assignment is void; Seller may assign its rights, including receivables, freely. No waiver by Seller is effective unless in writing and signed by Seller, and no failure or delay in exercising any right is a waiver of it or of any other right. If any provision of these Terms is held invalid or unenforceable, it shall be enforced to the maximum extent permitted and the remaining provisions remain in full force. Headings are for convenience only. Sections 3, 5 through 14, and 17 through 22, and any other provision that by its nature should survive, survive completion, cancellation, or termination of any sale. There are no third-party beneficiaries of these Terms. The relationship of the parties is that of independent contractors.
Contact
Express Chemical LLC · 10465 Manchester Rd., Kirkwood, MO 63122 · 314-266-4600 · toll-free 888-556-0502 · [email protected]