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T&Cs and ADD/CVD

Please review our Terms & Conditions, including important provisions regarding anti-dumping and countervailing duties that may apply to certain products.

Anti-Dumping & Countervailing Duty Notice

In connection with trade actions brought by Vantage Specialty Chemicals, imports of certain fatty acids from Indonesia and Malaysia are being reviewed by applicable U.S. authorities, including the Department of Commerce and the International Trade Commission, for the potential assessment of countervailing duties and/or anti-dumping duties. Because the fatty acids supplied by Acme-Hardesty, LLC originate from Malaysia and Indonesia, any duties that are imposed, including any retroactive assessments, may create additional costs that Acme-Hardesty LLC may need to pass through to its customers. Acceptance of this Quote and any resulting confirmed Contract constitutes your agreement to pay any applicable duties, charges, or related costs that are incurred and passed through in connection with these products.

Products Potentially Affected: The ADD/CVD notice should be understood as applying to covered fatty acids from Indonesia and Malaysia, particularly long-chain fatty acids supply by Acme-Hardesty from those origins.

  1. Lauric Acid
  2. Myristic Acid
  3. All Stearic Acids, including TPSA and related stearic grades
  4. Oleic Acid
  5. Palmitic Acid

Terms & Conditions

These Terms and Conditions (these “Terms”) form the entire agreement between the parties for the sale of products identified in the buying agreement or order confirmation (the “Sales Agreement”) incorporating these Terms or to which these Terms are attached. Any changes must be in writing and signed by both Acme Hardesty LLC (the “Seller”) and the customer (the “Customer”) and identify the specific Sales Agreement to be amended. Any terms or conditions contained or incorporated in any purchase order or other document provided by Customer that differ from these Terms are expressly rejected by Seller and will not, and do not, modify or supersede these Terms. Acceptance by Customer of Sales Agreement is a prerequisite to the purchase of products from Seller.

  1. Product Price: The final price will appear on the Seller’s Sales Agreement. In the event of unforeseen circumstances—such as global supply chain disruptions or tariff changes—the Seller may adjust the price after submission of the Sales Agreement. Customer will be notified promptly if this occurs.
  2. Additional Charges: In addition to the price specified on the Seller’s Sales Agreement, Customer shall be responsible for any extra, excess, or unforeseen charges incurred in fulfilling the order beyond the normal scope of the quoted price. Such additional charges may include, without limitation: fuel surcharges; unplanned or extraordinary freight or transportation costs outside Seller’s reasonable control; demurrage or detention fees (including those incurred at the receiving location); costs related to residual product (including product “heels” and any required heel removal and disposal); deposits or fees for containers, totes, or other packaging; pallet costs; and any special or non-routine labor, handling fees, or any other costs beyond the control of the Seller. These examples are illustrative only and do not limit Seller’s right to pass through any other excess, unforeseen, or customer-specific costs or expenses arising from the sale.
  3. Payment Terms: Payment terms are based on credit approval and are set forth in the Sales Agreement. If not set forth in the Sales Agreement, all fees and charges for purchases hereunder must be paid by Customer in advance of shipping. Customer shall pay interest at the rate of 1.5% (one and one half percent) per month (not to exceed the maximum legal rate) on all amounts not paid in full when due. Customer shall reimburse Seller for all costs incurred in collecting overdue amounts, including attorneys’ fees.
  4. Suspension, Termination: Seller may suspend shipments, require prepayment (i.e., cash in advance), submission of a letter of credit, or terminate the sale and any applicable Sales Agreement upon written notice to Customer if Seller believes Customer’s creditworthiness has deteriorated, payments are not timely made, invoices remain unpaid, Customer becomes insolvent, Customer materially breaches these Terms or Seller determines, in its reasonable discretion, that Customer is unable to pay amounts hereunder when they become due.
  5. Delivery, Title, & Risk: Products shall be delivered to Customer as provided on the Sales Agreement. Each order form shall include the applicable Incoterms or other delivery terms agreed upon by the parties. Title to products passes, and Customer assumes liability and risk of loss as set forth in the applicable Incoterms or other delivery terms in the Sales Agreement. The dates of shipments are set forth on the Bill of Lading.
  6. Inspection, Claims, & Returns: Customer must inspect product promptly upon receipt (and, in any event, within 24 hours of receipt). Customer will be deemed to have accepted the products unless it notifies Seller of any shortage, damage or nonconformance to specification within 7 days of delivery with supporting evidence included in such notice. Following receipt of such notice, if Seller determines, in its reasonable discretion, that delivered products are damaged or fail to conform to specification, other than any act or omission of Customer, Seller shall be responsible for return freight and shipping costs. Except as set forth in the preceding sentence, Seller shall not be responsible for any costs relating to damaged or nonconforming products, including, without limitation, costs for returns or restocking.  Returns are prohibited unless authorized by Seller in writing. For returns of products that are unrelated to damage or nonconformance issues, a 25% (twenty-five percent) restocking fee applies, and Customer must pay all costs for return freight and shipping.
  7. Cancellations; Deferrals; Late Receipt: Customer may not cancel any order or Sales Agreement without Seller’s prior written consent. In the event Seller consents to a cancellation, Customer shall be responsible for and shall reimburse Seller for all costs, fees, and expenses incurred by Seller as a result of such cancellation. If Customer fails to take delivery of or retrieve products on the scheduled delivery or pick-up date or otherwise delays the scheduled delivery or pick-up date, Seller may, at its discretion, assess an additional fee to Customer, and Customer shall be responsible for all costs and expenses incurred by Seller as a result of such delay, including, without limitation, storage fees, demurrage, detention charges, and any additional shipping or handling costs.
  8. Limitation of Liability: THE CUSTOMER WAIVES ALL CLAIMS FOR INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL DAMAGES, OR DAMAGES FOR LOST PROFITS OR REVENUES, REGARDLESS OF WHETER SUCH DAMAGES WERE FORESEEABLE AND THE LEGAL OR EQUITABLE THEORY ON WHICH A CLAIM IS BASED. THE SELLER’S TOTAL LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF THE SALES AGREEMENT WILL BE LIMITED TO THE LESSER OF REPLACING THE PRODUCTS OR REFUNDING THE CUSTOMER THE PAID PURCHASE PRICE.
  9. Specifications: At the time of shipment, the Seller warrants that all products will materially conform to any specifications stated on the Sales Agreement. The foregoing warranty does not apply where the products have been subjected to abuse, misuse, neglect, negligence, accident, abnormal physical stress or environmental conditions, use contrary to any instructions issued by Seller, or improper testing, installation, storage, handling, repair, or maintenance; EXCEPT FOR THE FOREGOING WARRANTY, SELLER MAKES NO, AND HEREBY DISCLAIMS ANY, EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT, REGARDLESS OF HOW ARISING.
  10. Liability and Indemnification: The Customer assumes full responsibility and liability for the handling, storage, and use of the products. The Customer shall comply with all laws and regulations, including those governing cosmetics and animal food, applicable to the purchase, handling, resale, and use of the products. For the avoidance of doubt, the Seller is not responsible for any damage, injury, or loss resulting or arising from the Customer’s negligence or misuse of the products. The Customer agrees to indemnify and hold the Seller harmless from any loss, liability, costs, or expenses (including attorneys’ fees) arising from or relating to property damage, personal injury, or death resulting or arising from such activities.
  11. Notice: The Customer acknowledges that the Seller may, but is not obligated to, provide notices on the safe use of products, including permitted and prohibited end uses. The Customer agrees to follow such safety guidelines and end-use restrictions and, upon request, confirm compliance in writing. All notices shall be in writing and addressed to the parties at the addresses set forth on the face of the applicable quotation or Sales Agreement or to such other address for either party as that party may designate by written notice. All notices must be delivered by nationally recognized overnight courier, certified or registered mail (in each case, return receipt requested) or electronic mail with confirmation of receipt.
  12. Export Regulations: The Customer agrees that it will not export, re‑export, or transfer the products in violation of applicable export control or sanctions laws.
  13. Force Majeure: Neither party will be liable or responsible for any failure to perform caused by or resulting from circumstances beyond its reasonable control, including, but not limited to, acts of God, fire, flood, natural disaster, disease, war, invasion, hostilities, terrorism, explosion, government orders or actions, embargoes or blockades, accidents, national or regional emergencies, manufacturing or transportation disruptions, telecommunication breakdowns or outages, strikes or labor disputes, or inability to obtain materials, equipment, or transportation.
  14. Entire Agreement: These Terms together with any Sales Agreement incorporating or attaching these Terms comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings or agreements, both oral and written. These Terms together with the applicable Sales Agreement supersede any other agreement or understanding relating hereto, including, without limitation, Customer’s terms and conditions of purchase regardless of whether or when Customer has submitted a purchase order or such terms.
  15. Assignment: The Customer may not assign any of its rights nor delegate any of its duties under any Sales Agreement to which these Terms apply without prior written consent of the Seller.
  16. Governing Law; Venue; Attorneys’ Fees: These Terms and any applicable quotation or Sales Agreement shall be governed, interpreted and enforced in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws principles. In the event of any dispute or controversy relating to these Terms, each party irrevocably submits and agrees to the exclusive jurisdiction of the state and federal courts located in the Commonwealth of Pennsylvania. Each party waives any objection to laying of venue in such courts, including any claim that such courts are an inconvenient forum. In the event of any claim under this Agreement, the prevailing party shall be entitled to recover all costs incurred by it, including reasonable attorneys’ fees.
  17. No Third-Party Beneficiaries: These Terms and any applicable quotation or Sales Agreement benefit solely the parties hereto. Nothing in these Terms and any applicable quotation or Sales Agreement, express or implied, confers on any other person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

 

Last Updated: July 1, 2026