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 1. 3M United States
 2. General Terms and Conditions of Sale for Products



3M United States


GENERAL TERMS AND CONDITIONS OF SALE FOR PRODUCTS

These General Terms and Conditions of Sale for Products (“Sales Terms”) apply to
the sale of 3M products (“Products”) to customer (“Customer”).  3M’s offer to
sell Products to Customer, and 3M’s acknowledgment of any purchase order or
other Customer document (“Order”) is expressly limited to, and expressly
conditioned on Customer’s acceptance of these Sales Terms.  The applicability of
terms contained in Customer’s Order is limited to the identification and the
quantity of Products ordered.   3M objects to and rejects all other Customer
terms, in any form, that are different from or additional to these Sales Terms.

Jump to:

 * Pricing, Freight, Payment, Shipping, Returns
 * Compliance
 * Product Information, Selection, and Use
 * Industrial/Occupational Products
 * Warranty, Disclaimer, Limited Remedy
 * Limitation of Liability
 * Export Control
 * Order Cancellation
 * Taxes
 * Effect of Other Agreements, Terms
 * Governing Law, Dispute Resolution
 * US Government Agency Contracts
 * Changes




 * PRICING, FREIGHT, PAYMENT, SHIPPING, RETURNS
   
   Product prices are as listed in the applicable 3M price pages or in 3M’s
   electronic order systems as of the date 3M processes Customer’s Order.  For
   Orders specifying future-dated shipments, 3M has the sole discretion to
   charge the price in effect on the date of the shipment.  Standard payment
   terms are net 30 days from the 3M invoice date, unless a different period is
   stated on the invoice.  Customer may not make or take any deduction, set-off,
   or other adjustment without 3M’s prior written approval.  Order quantities
   must meet stated minimums for Products.  Products are shipped per the
   Incoterms statement on the 3M order acknowledgement or invoice, or, in the
   absence of such statement, F.O.B. point of shipment.  Title and risk of loss
   transfers to the Customer upon delivery to the carrier.  If 3M pays freight
   on the Order 3M may designate the means of transportation and routing.  If
   Customer requires alternative means of shipment, Customer will pay any
   resulting costs.  Lead times are as stated by 3M and Products may be placed
   on backorder at 3M’s discretion.  Where Product availability is limited for
   any reason, 3M may fill orders or otherwise allocate Products in any manner
   it deems appropriate.  Under no circumstances will 3M be liable for failure
   to ship, or for Customer’s failure to receive, Products by a certain date.
    3M may require prepayment of any Order.  Any credit extended to Customer is
   done at 3M’s discretion and subject to 3M credit requirements.  Customer must
   keep its account current at all times.  3M may withhold shipments, payments,
   or other benefits, and/or assess late fees and interest on past due amounts
   until the account balance is current.  Returns are subject to 3M’s applicable
   return goods policy and require advance 3M authorization.


 * COMPLIANCE
   
   3M will manufacture and sell the Products in compliance with the federal,
   state, and local laws applicable to each Product. Customer will comply with
   the federal, state, and local laws applicable to the handling,
   transportation, storage, use, processing, disposal, distribution, sale, and
   resale of Products and to any of Customer’s products that contain or are made
   by using Products. Under no circumstances will either party offer or make any
   payment or give anything of value to another person or entity where such
   payment or action would violate an applicable law or regulation, including,
   but not limited to, any applicable anti-bribery, anti-corruption, or
   anti-kickback law.


 * PRODUCT INFORMATION, SELECTION, AND USE
   
   3M may provide Product information, including technical information,
   specifications, recommendations, literature, and other materials
   (collectively “Product Information”) for Customer’s convenience in Customer’s
   selection of Products. The accuracy or completeness of Product Information is
   not guaranteed and is subject to change without notice. No license under any
   3M or third party intellectual property rights is granted or implied with
   this Product Information. Customer is solely responsible for evaluating and
   selecting Products and determining whether each Product is fit for a
   particular purpose and suitable for Customer’s use and method of application.
   Products are not manufactured to any Customer requirements or specifications
   unless expressly agreed to in writing by 3M. Products that are sold for
   Customer’s use or consumption may not be repackaged, resold, or redistributed
   in any manner without 3M’s prior written consent.


 * INDUSTRIAL/OCCUPATIONAL PRODUCTS
   
   3M intends, labels, and packages its industrial and occupational products for
   sale to trained industrial and occupational customers for workplace use.
    Unless specifically stated otherwise on the applicable product packaging or
   literature, these products are not intended, labeled, or packaged for sale to
   or use by consumers (e.g., for home, personal, primary or secondary school,
   recreational/sporting, or other uses not described in the applicable product
   packaging or literature), and must be selected and used in compliance with
   applicable health and safety regulations and standards (e.g., U.S. OSHA,
   ANSI), as well as all Product Information, user instructions, warnings, and
   other limitations, and the user must take any action required under any
   recall, field action, or other product use notice. To the extent Customer
   promotes or sells such products outside of industrial and occupational
   channels or to consumers; or relabels the Product in any manner; or
   subdivides, repacks, or sells products in units smaller than as packaged by
   3M; Customer bears sole responsibility for meeting all applicable
   requirements (including packaging and labeling requirements) and for any
   resulting claims, losses, and damages.


 * WARRANTY, DISCLAIMER, LIMITED REMEDY
   
   Unless a different warranty is expressly specified on the applicable Product
   Information or Product packaging (in which case such warranty governs), 3M
   warrants that each Product meets 3M’s applicable Product specifications at
   the time 3M ships each Product.  3M MAKES NO OTHER WARRANTIES OR CONDITIONS,
   EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR
   CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ARISING
   OUT OF A COURSE OF DEALING, PERFORMANCE, CUSTOM, OR USAGE OF TRADE.  If a
   Product does not conform to this warranty, Customer’s sole and exclusive
   remedy is, at 3M’s option, repair or replacement of the nonconforming Product
   or refund of its purchase price.  3M has no obligation under this warranty
   with respect to Products that are modified or damaged by Customer, including
   through misapplication, misuse, abuse, accident, neglect, or mishandling.
    Customer must notify 3M within 45 days after receipt that it believes a
   Product is non-conforming and, thereafter, cooperate with 3M’s investigation
   of such claim, otherwise Customer waives any right or claim with respect to
   such non-conformance.  The foregoing warranty and remedy shall not apply to
   experimental or developmental Products, which are sold “as is” and without
   any warranty.


 * LIMITATION OF LIABILITY
   
   Except for the limited remedy above, and except to the extent prohibited by
   law, 3M is not liable for direct, indirect, incidental, special, punitive, or
   consequential damages (including, but not limited to, lost profits, revenue,
   business, opportunity, or goodwill) that directly or indirectly arise from or
   relate to Products, regardless of the legal or equitable theory asserted,
   including, but not limited to, warranty, contract, negligence, fraud, or
   strict liability.


 * EXPORT CONTROL
   
   Products are sold for use or consumption within the United States only. If 3M
   authorizes Customer in writing to export Products outside of the U.S.,
   Customer (a) assumes all responsibility for such Products, (b) will comply
   with all laws and regulations relating to the export and sale of Products
   outside the U.S., and (c) will adhere to all applicable 3M policies and
   procedures relating to the export of Products as a condition to purchase and
   export.


 * ORDER CANCELLATION
   
   Customer may cancel an Order only with 3M’s written consent. In the event of
   an approved cancellation, and where 3M has incurred costs and expenses that
   cannot reasonably be recovered through sale of the Products to another person
   or entity, Customer will pay 3M for all such costs and expenses, which may
   include costs of related raw materials, packaging, and other items dedicated
   to Products. 3M may cancel a Customer Order without obligation or liability
   upon notice to Customer.


 * TAXES
   
   Product prices do not include any applicable taxes, tariffs, duties, fees, or
   charges of any type imposed by any governmental authority (“Transfer Taxes”).
    Transfer Taxes will be separately itemized on 3M’s invoice and Customer will
   be liable for their full payment.  3M will not collect or remit any Transfer
   Taxes for which Customer provides a valid tax exemption certificate.


 * EFFECT OF OTHER AGREEMENTS, TERMS
   
   Where 3M and Customer have a specific agreement for the sale or supply of
   Products or an individual 3M business unit has issued specific terms and
   conditions for specific products, that agreement or the business unit
   specific terms and conditions (collectively “3M Agreement Terms”) will
   control, as to these Sales Terms, to the extent that the 3M Agreement Terms
   are in addition to or conflict with these Sales Terms.  By ordering Product
   using the 3M order systems, Customer agrees to be bound by all terms and
   conditions, program requirements, and other policies set forth in the
   applicable 3M price pages, order forms, or order systems.


 * GOVERNING LAW, DISPUTE RESOLUTION
   
   Minnesota law, without regard to conflicts of laws principles, shall
   exclusively govern 3M’s sale of Products to Customer. The United Nations
   Convention on Contracts for the International Sales of Goods does not apply.
   Except where 3M files a claim or action to collect unpaid amounts due from
   Customer, all claims and disputes arising from or relating to these Sales
   Terms, any Order, or the Products must be resolved exclusively through the
   following dispute resolution processes: (a) good faith negotiations between
   duly authorized representatives of each party conducted within 90 days of a
   request for negotiations; (b) if necessary, non-binding mediation before a
   neutral mediator jointly selected and paid for by the parties within 120 days
   of a request for mediation at a location acceptable to both parties; and (c)
   as a last resort, litigation. The state or federal court located within
   Ramsey County, Minnesota shall be the sole and exclusive jurisdiction and
   venue for any litigation between Customer and 3M. Customer agrees to submit
   to the jurisdiction of such court in the event of any litigation.


 * US GOVERNMENT AGENCY CONTRACTS
   
   3M primarily sells commercial items as defined in FAR 2.101. For Orders which
   reference a U.S. Government agency prime contract number, or are otherwise
   identified as a U.S. Government subcontract, the following clauses as in
   effect on the date of the Order are hereby incorporated by reference into
   these Sales Terms only to the extent that they are applicable and required to
   be flowed down by FAR or DFARS prescription: (a) the clauses required to be
   flowed down to subcontracts in FAR 52.212-5(e) when the Customer’s government
   contract is for commercial items/services or those required to be flowed down
   to subcontracts in FAR 52.244-6 when the Customer’s government contract is
   for noncommercial items/services, and (b) for contracts with the Department
   of Defense, the clauses required to be flowed down to subcontracts for
   commercial items per DFARS 252.244-7000(a), except for DFARS 252.225-7009 -
   Restriction of Acquisition of Certain Articles Containing Specialty Metals
   and DFARS 252.227-7013 - Rights in Technical Data--Noncommercial Items, which
   must be separately negotiated if applicable.  All other U.S. Government
   agency contract provisions are rejected. Acceptance of additional government
   contract provisions, including country of origin provisions, must be
   explicitly agreed upon in writing by the 3M Government Contract
   Administrator. Acceptance of an Order does not constitute acceptance by 3M of
   any other government contract provision listed on purchase order documents or
   Customer terms and conditions. 3M rejects any Customer provision pertaining
   to most favored customer pricing. 3M requires its suppliers to provide goods
   that conform to all design, performance and production requirements, do not
   infringe on a third party’s intellectual property rights, are new, authentic,
   and not counterfeit, and comply with all applicable laws and regulations.
   Therefore, 3M specifically rejects any Customer counterfeit terms and
   conditions other than DFARS 252.246-7007. Except for technical data
   accompanying a product such as instruction manuals, technical data is not
   normally a deliverable for 3M. Technical data provisions must be separately
   negotiated.  3M is a large business under FAR Part 19 and the rules of the
   Small Business Administration. Customer warrants that in supplying 3M
   products in response to any government contract solicitation that has been
   set-aside for small business, Customer understands and will comply with the
   applicable rules.


 * CHANGES
   
   3M reserves the right to change its Sales Terms at any time without notice.
   
   Last revised October 13, 2020.

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