Terms of service

These Terms of Service govern purchases from and use of the Shop Astec online store operated by Astec Corp. By placing an order, purchasing a product, or otherwise using this website, you agree to these Terms of Service together with our applicable Return & Refund Policy, Shipping Policy, and Privacy Policy.

1. About Astec Corp.

Shop Astec is operated by:

Astec Corp.
7750 Zionsville Road, Suite 650
Indianapolis, IN 46268
Phone: 317-872-7550

Questions regarding products, orders, freight, or these Terms may be directed to Astec Corp. using the contact information above.

2. Order Changes and Cancellations

Astec Corp. will make reasonable efforts to accommodate requested changes or cancellations before an order enters fulfillment. However, order changes and cancellations are not guaranteed once an order has been placed.

Once an order has been packed, fulfilled, tendered to a carrier, or otherwise entered the shipping process, changes or cancellations may no longer be possible.

Customers should contact Astec Corp. at 317-872-7550 as soon as possible if they need to request a change or cancellation.

If a requested change or cancellation cannot be made because fulfillment or shipping has already begun, the order will be handled in accordance with the applicable Return & Refund Policy.

3. Orders and Acceptance

Submission of an order through this website does not constitute final acceptance by Astec Corp.

Astec Corp. reserves the right to accept, reject, limit, cancel, or place an order on hold when reasonably necessary, including because of product availability, pricing or listing errors, payment issues, shipping limitations, suspected fraud, regulatory restrictions, or other circumstances affecting our ability to fulfill the order.

If Astec Corp. cancels a prepaid order before shipment, any amount paid for the cancelled portion of the order will be refunded.

4. Pricing and Payment

Prices shown on the website are subject to change without notice.

The price applicable to an online purchase is the price displayed at the time the order is placed, except in the event of an obvious pricing, typographical, or system error.

Shopify online orders are generally payable at checkout using the payment methods offered on the website.

Separate payment terms may apply to customers with an approved Astec Corp. commercial credit account. Where commercial credit has been expressly authorized, payment terms will be those stated on the applicable invoice, quotation, written agreement, or credit arrangement.

If no other payment terms are stated for an approved commercial credit transaction, payment is due Net 30 days from the invoice date.

Past-due commercial balances may be subject to a late charge of 1.5% per month or the maximum amount permitted by applicable law, whichever is less.

Astec Corp. may suspend further shipments, require prepayment, or revoke credit privileges when an account is past due or when Astec Corp. reasonably determines that additional credit should not be extended.

5. Taxes

Applicable sales, use, excise, or other taxes will be charged when required by law.

Customers claiming exemption from tax are responsible for providing valid and current exemption documentation acceptable to Astec Corp.

6. Product Information

Astec Corp. makes reasonable efforts to provide accurate product descriptions, photographs, sizes, packaging information, specifications, and other information.

Minor differences in appearance, packaging, labeling, color, or presentation may occur and do not necessarily constitute a product defect.

Product information on the website is intended to describe the product and its customary applications. Customers are responsible for determining whether a product is appropriate for their particular application, substrate, process, equipment, or intended use.

7. Chemical Products and Safe Use

Many Astec Corp. products are chemical formulations intended for specific cleaning, maintenance, manufacturing, industrial, commercial, or consumer applications.

Customers are responsible for reading and following all product labels, directions, warnings, Safety Data Sheets when applicable, and applicable laws and regulations before using, storing, handling, transporting, or disposing of a product.

Products must be used only in a safe and reasonable manner and in accordance with applicable instructions and law.

Professional, commercial, or industrial users are responsible for providing appropriate information, instruction, training, personal protective equipment, and workplace protections to their employees, contractors, customers, and other persons who may handle or use the products.

8. Testing and Compatibility

Unless expressly stated otherwise, customers should test products in a small or inconspicuous area before broader use when colorfastness, finish compatibility, substrate compatibility, or material compatibility may be an issue.

Astec Corp. is not responsible for damage resulting from misuse, improper dilution, improper application, incompatible materials, failure to test when appropriate, improper storage, or use contrary to product instructions or warnings.

9. Technical Information and Advice

Any technical information, recommendations, suggestions, or assistance provided by Astec Corp. are offered in good faith based on information available at the time.

Unless Astec Corp. expressly agrees otherwise in writing, such information does not constitute a guarantee of results for a particular application.

Because operating conditions, materials, equipment, substrates, methods, and applications are outside Astec Corp.’s control, the customer remains responsible for evaluating the suitability of a product for the customer’s particular use.

10. Limited Product Warranty

To the extent permitted by applicable law, Astec Corp. warrants that products manufactured or processed by Astec Corp. will conform materially to Astec Corp.’s applicable specifications at the time of shipment.

For products resold by Astec Corp. but manufactured by another party, any available manufacturer warranty will apply according to its terms.

Except for warranties that cannot legally be excluded or limited, Astec Corp. makes no additional express or implied warranty, including any implied warranty of merchantability or fitness for a particular purpose, unless expressly provided in writing by Astec Corp.

Nothing in these Terms is intended to eliminate or restrict rights that cannot lawfully be waived under applicable consumer-protection law.

11. Limited Remedy and Limitation of Liability

For an approved claim involving defective or nonconforming product, Astec Corp. may, as appropriate and subject to applicable law:

Replace the affected product;
Refund the applicable product purchase price;
Issue a credit; or
Provide another remedy determined appropriate under the circumstances.

To the fullest extent permitted by applicable law, Astec Corp. will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including loss of profits, production, business, revenue, or use arising from the purchase or use of its products.

Recall and Related Costs. To the maximum extent permitted by applicable law, Astec Corp.'s liability under these Terms excludes any cost, expense, or damage arising from the recall, withdrawal, inspection, or replacement of Products, and any cost, expense, or damage arising from the actual or alleged release, discharge, or escape of any Product or its constituent substances, whether occurring before, during, or after delivery, except to the extent such liability cannot be disclaimed under applicable law.

Nothing in this section limits liability that cannot legally be limited or excluded.

Time to Bring Claims. Any claim arising out of or relating to the Products or these Terms must be brought within one (1) year after the date of delivery of the applicable Products, regardless of the date the claim accrues or is discovered, and any such claim not brought within that period is permanently barred, to the extent permitted by applicable law.

12. Shipping

Shipping charges, free-shipping eligibility, delivery limitations, split shipments, LTL freight, customer-designated carriers, and related matters are governed by the Astec Corp. Shipping Policy published on this website.

Products sold in 55-gallon drums may require separate LTL freight arrangements and may be designated as call-to-order or quote-only products.

Estimated shipping and delivery dates are not guarantees.

13. Returns and Refunds

Returns, restocking fees, return freight responsibility, damaged shipments, non-returnable products, and refunds are governed by the Astec Corp. Return & Refund Policy published on this website.

No chemical product should be returned without prior authorization and appropriate return-shipping instructions from Astec Corp.

14. Commercial Purchase Orders and Additional Terms

For commercial or business-to-business transactions, Astec Corp. expressly rejects additional or different terms contained in a buyer’s purchase order, procurement document, portal, acknowledgment, or other communication unless Astec Corp. expressly accepts those terms in writing.

Authority to Modify or Accept Additional Terms. Notwithstanding anything to the contrary in this Section 14 or elsewhere in these Terms, no purchase order, procurement document, vendor agreement, master supply agreement, or other document or communication shall be binding on Astec Corp., and no term of these Terms shall be deemed waived, modified, or superseded, unless expressly agreed to in a writing signed by Astec Corp.'s President or an officer expressly designated in writing by the President for that purpose. No other employee, agent, or representative of Astec Corp. has actual or apparent authority to bind Astec Corp. to different or additional terms.

Acceptance or fulfillment of an order does not constitute acceptance of conflicting or additional buyer terms.

No oral statement or representation modifies these Terms unless expressly confirmed in writing by an authorized representative of Astec Corp., as set forth above.

15. Customer Indemnification

For commercial or business-to-business transactions, Customer shall indemnify, defend, and hold harmless Astec Corp., its officers, directors, and employees, from and against any and all third-party claims, damages, losses, and reasonable expenses (including reasonable attorneys' fees), to the extent arising from or caused by: (a) Customer's negligence, misuse, or mishandling of the Products; (b) Customer's failure to comply with applicable safety, labeling, or handling instructions provided by Astec Corp. or required by law; (c) Customer's resale, distribution, or repackaging of the Products in violation of Section 20 (Resale) of these Terms; or (d) any breach by Customer of these Terms.

This indemnification obligation is limited to the extent of Customer's own negligence or fault and does not extend to claims arising from Astec Corp.'s negligence, willful misconduct, or breach of these Terms.

16. Customer Insurance

For large commercial transactions, Astec reserves the right to require evidence that the customer maintains insurance coverage acceptable to Astec, and to condition the sale on receipt of that evidence, before finalizing the transaction.

17. Customer-Designated Carriers

When a commercial customer requests or designates a particular carrier, freight service, or customer-owned shipping account, the shipment is made at the customer’s direction.

Responsibility for carrier-related loss, damage, delay, or additional transportation charges is governed by the Shipping Policy.

18. Risk of Loss for Commercial Shipments

For commercial or business-to-business transactions, and to the extent permitted by applicable law, title and risk of loss pass to the buyer upon delivery of the product to the applicable carrier when shipment is made by common carrier, unless otherwise expressly agreed in writing.

For customer pickup orders, risk of loss passes when the product is loaded into or delivered to the customer’s or customer’s carrier’s vehicle or equipment.

For deliveries made using Astec Corp.’s own vehicle, risk of loss passes upon delivery at the customer’s location.

Nothing in this provision overrides rights that cannot legally be waived or altered.

19. Inspection and Claims

Customers should inspect products promptly upon receipt.

Damage, leakage, shortages, incorrect shipments, or other apparent problems should be reported promptly in accordance with the Shipping Policy and Return & Refund Policy.

Customers should retain affected products, containers, cartons, pallets, packaging materials, photographs, delivery receipts, and other relevant documentation until Astec Corp. or the applicable carrier provides further instructions.

20. Resale

Customers who resell Astec Corp. products are responsible for complying with applicable laws governing resale, labeling, marketing, storage, transportation, and distribution.

Any Customer that resells or redistributes Products to a third party shall provide such third party with all safety, handling, and labeling information provided by Astec Corp. with respect to the Products, and shall require such third party to comply with the same safe-use obligations set forth in Section 7 (Chemical Products and Safe Use) of these Terms as if such third party were a direct customer of Astec Corp.

Resellers may not make false, misleading, unauthorized, or unsupported representations regarding Astec Corp., its products, product performance, regulatory status, certifications, approvals, or warranties.

21. Intellectual Property

The Astec name, logos, product names, product labels, website content, photographs, graphics, text, and other materials appearing on this website may be protected by trademark, copyright, or other intellectual-property rights.

Use of this website or purchase of an Astec Corp. product does not grant permission to copy, reproduce, modify, distribute, or commercially use Astec Corp.’s intellectual property except as permitted by law or expressly authorized by Astec Corp.

22. Website Use

Customers may not use this website:

For unlawful or fraudulent purposes;
To interfere with or impair operation of the website;
To introduce malicious software or harmful code;
To attempt unauthorized access to systems or information;
To submit false or misleading information;
To infringe intellectual-property or other legal rights; or
In any manner prohibited by applicable law.

23. Errors and Omissions

Astec Corp. reserves the right to correct errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, availability, shipping, specifications, or other website information.

If a material error affects an order already submitted, Astec Corp. may contact the customer for instructions or cancel the affected order and issue an appropriate refund.

24. Events Beyond Our Control

Astec Corp. will not be responsible for delay or failure to perform when performance is prevented or materially affected by circumstances beyond its reasonable control, including natural disasters, severe weather, fire, flood, transportation disruptions, carrier interruptions, labor disputes, shortages, supplier disruptions, governmental actions, war, civil disturbance, utility failures, or other similar events.

25. Governing Law

These Terms and transactions with Astec Corp. will be governed by the laws of the State of Indiana, without regard to conflict-of-law principles, except where applicable law requires otherwise.

For commercial or business-to-business transactions, and to the extent permitted by applicable law, the customer agrees that disputes relating to a transaction with Astec Corp. will be brought in an appropriate state or federal court located in Indiana.

Nothing in this provision limits any mandatory rights or venue protections that apply to a consumer under applicable law.

26. Severability

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in effect.

27. No Waiver

Failure by Astec Corp. to enforce any provision of these Terms in a particular instance does not constitute a waiver of that provision or of Astec Corp.’s right to enforce it later.