These Standard Terms and Conditions of Sale (“Terms”) govern all quotations, order acknowledgments, purchase orders accepted by ATEX, Inc. (“ATEX”) from a buyer (“Buyer”), and all sales of products unless otherwise agreed in a written agreement executed by authorized representatives of both ATEX and Buyer. Acceptance of ATEX’s quotation, acknowledgment, shipment, or products constitutes Buyer’s acceptance of these Terms.
These Terms constitute the complete and exclusive agreement between ATEX and Buyer regarding the sale of products and supersede all prior or contemporaneous discussions, negotiations, representations, proposals, or agreements relating to the transaction.
ATEX expressly rejects any additional, inconsistent, or conflicting terms contained in Buyer’s purchase orders, acknowledgments, shipping instructions, or other documents unless expressly accepted in writing by ATEX. Buyer’s documents shall be accepted solely for administrative and billing purposes and shall not modify these Terms.
Shipment of products does not constitute acceptance of any additional or different terms proposed by Buyer.
No waiver, modification, amendment, or addition to these Terms shall be binding unless made in writing and signed by authorized representatives of both parties.
All orders are subject to ATEX’s acceptance.
Upon receipt of a Purchase Order, ATEX shall promptly review the Purchase Order to verify pricing, product specifications, quantities, delivery dates, and other applicable information. If ATEX identifies any errors, omissions, inconsistencies, or information requiring clarification, ATEX shall promptly notify Buyer. No Purchase Order shall be binding until accepted by ATEX.
Unless otherwise agreed in writing, ATEX’s standard manufacturing lead time is four (4) weeks from the date of Purchase Order acceptance.
Purchase Orders requesting delivery within less than four (4) weeks may be accepted or declined at ATEX’s sole discretion based on production capacity, raw material availability, scheduling, and other operational considerations.
Acceptance of an expedited Purchase Order shall not modify ATEX’s standard lead time for future orders.
Buyer may request changes to or cancellation of an accepted Purchase Order only by written notice to ATEX.
ATEX will make commercially reasonable efforts to accommodate requested changes prior to the start of production; however, all requested changes are subject to ATEX’s written approval.
No modifications or cancellations shall be permitted during the Firm Order Zone, defined as the two (2) weeks immediately preceding the scheduled production date, unless otherwise agreed in writing by ATEX.
Requested changes include, but are not limited to:
All approved changes shall be documented through a revised or replacement Purchase Order mutually accepted by both parties.
If Buyer cancels or terminates an accepted Purchase Order, in whole or in part, Buyer shall reimburse ATEX for all reasonable costs incurred prior to the effective date of cancellation, including, as applicable:
ATEX shall make commercially reasonable efforts to mitigate such costs where practical; however, Buyer shall remain responsible for costs that cannot reasonably be avoided.
Unless otherwise expressly agreed in writing by authorized representatives of both ATEX and Buyer, all products shall be manufactured in accordance with ATEX’s standard production specifications and quality standards in effect at the time of manufacture.
If Buyer requires product-specific manufacturing, performance, testing, packaging, labeling, or other production specifications that differ from ATEX’s standard production specifications, such requirements must be provided to ATEX in writing before order acceptance and must be expressly accepted in writing by ATEX. ATEX shall have no obligation to comply with any specification, requirement, revision, or instruction that has not been mutually agreed upon in writing.
In the absence of mutually agreed written production specifications, ATEX’s standard production specifications and quality standards shall govern and shall be deemed to satisfy ATEX’s performance obligations under the applicable order.
Quoted prices remain valid only for the period stated in the quotation. Unless otherwise agreed in writing, ATEX reserves the right to revise prices upon fifteen (15) days’ written notice for any subsequent thirty (30) day pricing period.
If no price has been agreed upon otherwise, products shall be invoiced at ATEX’s pricing in effect on the shipment date.
A cumulative increase or decrease of $0.08/lb. or greater in applicable raw material indices between scheduled pricing review periods may constitute a “Severe Change.” In case of a Severe Change, pricing may be subject to interim adjustment with ten (10) calendar days’ written notice.
Invoices are payable according to the payment terms stated on the invoice. Unless otherwise specified, payment terms are Net 30 Days, Date of Shipment.
Past due balances shall accrue interest at the rate of 1.5% per month or the maximum rate permitted by applicable law, whichever is less.
ATEX reserves the right to modify, suspend, or withdraw credit terms if, in ATEX’s sole discretion, Buyer’s financial condition or creditworthiness becomes unsatisfactory to ATEX. ATEX may require advance payment before making additional shipments.
Buyer shall be liable for all of ATEX’s reasonable attorneys’ fees, court costs, collection expenses, and other costs incurred in collecting overdue amounts and shall pay any such amounts to ATEX immediately upon ATEX’s demand.
Buyer is responsible for all applicable sales, use, excise, value-added, customs, import, export, inspection, or other governmental taxes, duties, fees, or charges imposed in connection with the sale or shipment of products, excluding taxes based upon ATEX’s income.
Shipment dates are estimates only and are based upon production schedules, raw material availability, and manufacturing capacity. ATEX shall use commercially reasonable efforts to meet estimated shipment dates but does not guarantee delivery on any specific date.
Unless otherwise agreed in writing, Buyer shall pay all freight, transportation, insurance, and delivery charges.
If the ATEX prepays such charges at Buyer’s request for the Buyer, Buyer will reimburse ATEX immediately upon ATEX’s demand.
ATEX’s shipping weights and measurements shall govern unless proven to be materially incorrect.
Title to and risk of loss for products shall pass to Buyer upon ATEX’s loading of the products onto the carrier at ATEX’s shipping facility in Gainesville, Georgia, USA. Unless agreed to and approved by both parties, all products are Ex-works, ATEX’s facility in Gainesville, Georgia.
Neither party shall be liable for delays or failures in performance caused by events beyond its reasonable control (such event being a “Force Majeure Event”), including but not limited to:
The affected party shall promptly notify the other party and shall use commercially reasonable efforts to minimize the effects of the delay.
Should a Force Majeure Event materially increase manufacturing or transportation costs, the parties agree to confer in good faith regarding continuation of the affected orders.
ATEX warrants only that its products conform to the mutually agreed production specifications applicable to the order or, where no mutually agreed production specifications exist, ATEX’s standard production specifications and standard shipping specifications in effect at the time of shipment.
Technical advice, recommendations, or assistance provided by ATEX are offered without charge and without warranty of any kind.
Atex does not provide a defined shelf life for its products. The aged performance of the material can vary significantly depending on storage conditions, UV exposure, temperature, ozone, and other environmental factors.
Typically, customers convert the nonwoven material within a relatively short period following receipt. ATEX packages its products to protect the material during domestic and international shipment; however, the continued performance and condition of the material are dependent upon proper storage after receipt.
ATEX recommends that products be stored indoors in a clean, dry environment with the original packaging intact, protected from direct sunlight, and away from areas where propane-powered industrial lift trucks are operated or stored.
The suitability of the material for its intended end use, including any applicable shelf-life requirements, is to be determined by the customer.
Buyer is solely responsible for:
ATEX assumes no responsibility for Buyer’s finished products or their performance. Unless otherwise agreed in writing, Buyer shall bear all testing and qualification costs.
ATEX, Inc. is an ISO 9001:2015 certified manufacturer of spunbond, meltblown, and meltblown composite nonwoven rolled goods. While ATEX’s Quality Management System is certified to ISO 9001:2015, our products are not independently certified by federal, state, or local regulatory agencies unless specifically stated.
ATEX provides technical information, product documentation, and regulatory support, as applicable, to assist customers in evaluating our products for their intended applications. Customers are responsible for determining the suitability of ATEX products for their specific end-use applications and for ensuring compliance with all applicable regulatory, testing, qualification, patent, trademark, labeling, and product marketing requirements.
ATEX maintains an approved supplier program for raw materials, production equipment, and spare parts that may affect product quality.
When additional suppliers, materials, or equipment are required, ATEX evaluates and qualifies each to ensure customer product requirements continue to be met. ATEX may, at its discretion, change suppliers, manufacturing processes, or equipment as necessary. Customers will be notified when changes affect the raw material CAS number, product specifications, or material bond pattern.
All manufacturing processes are verified through laboratory testing and product inspection. Customer requirements and product specifications are continuously monitored, controlled, and verified throughout production.
Buyer shall inspect all products immediately upon receipt.
Claims for shortages, defects, or nonconforming products must be submitted in writing within thirty (30) days after delivery.
Claims not made within this period are deemed waived.
Products may not be returned without ATEX’s prior written Return Material Authorization (RMA).
ATEX is not responsible for damage occurring during transportation. All products are Ex-works ATEX’s facility in Gainesville, Georgia. Transportation claims must be submitted by Buyer directly to the carrier.
ATEX’s sole obligation, and Buyer’s exclusive remedy, shall be, at ATEX’s option:
ATEX’s total liability arising from any sale of products shall not exceed the purchase price of the specific products giving rise to the claim.
Requests for certifications, declarations, or other documentation made after the sale may be subject to additional charges.
Unless specifically agreed in writing, ATEX provides no certifications other than those expressly identified in the order documentation.
ATEX reserves the right to discontinue manufacture or delivery of any product that, in ATEX’s reasonable opinion, may infringe upon the intellectual property rights of another party.
No sale of products conveys any license or other rights under ATEX’s patents, trademarks, copyrights, trade secrets, or other intellectual property except as embodied in the products sold.
ATEX may terminate any order or agreement upon ten (10) days’ written notice if Buyer fails to comply with these Terms.
Termination shall not limit ATEX’s right to pursue any other remedies available under applicable law.
Buyer may not assign or transfer any rights or obligations under these Terms without ATEX’s prior written consent.
These Terms shall be governed exclusively by the laws of the State of Georgia, USA, without regard to its conflict of laws principles.
Each of the parties hereby irrevocably submits to the jurisdiction of the Superior Court of Hall County, Georgia, United States of America or in the United States District Court for the Northern District of Georgia, Gainesville Division in any action or proceeding arising out of or related to this Agreement, and each party hereby irrevocably agrees that all claims in respect of such action or proceeding shall be heard and determined in such Superior Court or District Court. Each of the parties irrevocably waives any objection, including without limitation, any objection to venue based on the ground of forum non conveniens, which it may now or hereafter have to the bringing of any such action or proceeding in such jurisdiction.
For purposes of this Agreement, “Confidential Information” means any non-public, proprietary, or confidential information disclosed by one party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally, visually, electronically, or in written or other tangible form, including information relating to:
Confidential Information does not include information that the Receiving Party can demonstrate:
The Receiving Party shall:
If disclosure is required by law, regulation, or court order, the Receiving Party shall provide prompt written notice to the Disclosing Party, unless prohibited by law, to allow the Disclosing Party an opportunity to seek a protective order or other appropriate remedy.
Upon written request of the Disclosing Party, the Receiving Party shall promptly return or destroy all Confidential Information, including all copies, extracts, summaries, and other materials containing or derived from such information.
If the Receiving Party elects to destroy the Confidential Information, it shall provide written certification of such destruction within ten (10) business days after completion.
Notwithstanding the foregoing, the Receiving Party may retain one archival copy solely for legal, regulatory, compliance, or record-retention purposes, provided such copy remains subject to the confidentiality obligations of this Agreement.
The confidentiality obligations under this Agreement shall remain in effect for five (5) years following the date of the last disclosure of Confidential Information.
The obligations of confidentiality shall survive the expiration or termination of this Agreement and shall not be affected by bankruptcy, insolvency, receivership, assignment for the benefit of creditors, or similar proceedings involving either party.
Nothing in this Agreement grants or shall be construed as granting any license, ownership interest, or other rights in any Confidential Information or intellectual property of the Disclosing Party, whether by implication, estoppel, or otherwise.
Disclosure of Confidential Information shall not obligate either party to enter into any business relationship, purchase or sell products or services, or proceed with any proposed transaction.
The Receiving Party shall not use the Confidential Information to develop, directly or indirectly, a competing product or service, nor shall it reverse engineer, decompile, disassemble, analyze, or permit any third party to reverse engineer any products, samples, prototypes, or other materials provided by the Disclosing Party, except to the extent expressly permitted by applicable law.
Neither party shall issue any press release, public announcement, advertising, marketing material, or other public communication regarding this Agreement, the discussions between the parties, the existence of the business relationship, or the identity of the other party without the prior written consent of the other party, except as required by applicable law.
The parties agree that quotations, acknowledgments, purchase orders, invoices, notices, approvals, and other communications transmitted electronically, including by email, shall have the same legal effect as written documents.
Electronic signatures shall be deemed valid and enforceable to the fullest extent permitted by applicable law.
Buyer shall comply with all applicable export control laws, trade regulations, and customs requirements relating to the products purchased from ATEX.
Buyer shall not export, re-export, or transfer ATEX’s products in violation of applicable laws or regulations.
Buyer represents that it is not subject to applicable governmental sanctions or restrictions that would prohibit the purchase or use of ATEX’s products.
Buyer agrees not to resell or transfer products in violation of applicable sanctions laws.
Each party shall comply with applicable data privacy laws concerning any personal information exchanged in connection with the sale of products.
The provisions relating to payment obligations, warranties, limitations of liability, confidentiality, intellectual property, governing law, dispute resolution, and any other provisions intended by their nature to survive shall remain in effect following completion, termination, or expiration of any sale or agreement.
To the fullest extent permitted by law, any action arising out of or relating to the sale of products under these Terms must be commenced within one (1) year after the cause of action accrues.
ATEX, Inc. Standard Terms and Conditions of Sale
Effective August 16, 2026
