Legal Notice

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Baltomar may change these Terms at any time. By using the Site after a change, you agree to follow and be bound by the modified Terms. Please read these Terms regularly.
Site content
You should assume that everything you see, hear or otherwise receive from or on the Site (the “Contents”) is copyrighted, trademarked, trade dress or other intellectual property owned or licensed by Baltomar. The Contents include images, designs, illustrations, icons, photographs, trademarks, logos, text, software, sounds, music, the Site as a whole and any other material on the Site.
You may use or download the Contents solely for your personal, non-commercial purposes, provided that you retain all copyright and other proprietary notices with you. No other type of use is allowed. Downloading or copying Content does not transfer to you any right, title or interest in any Content. The downloading or export of software or technical data from this Site to any jurisdiction in violation of the United States export laws is strictly prohibited.
The Contents may contain inaccuracies or typographical errors. Baltomar makes no representations about the accuracy, reliability, completeness, or timeliness of the Content or about the results to be obtained from using the Site and the Content. Use of the Site and the Content is at your own risk. Changes are periodically made to the Website and may be made at any time.
User comments and submissions
We welcome your comments about our Site, our products and our services. However, any ideas, suggestions or other information you transmit to the Site are and will be treated as non-confidential and non-proprietary. Any comments, ideas, suggestions, responses or other material or information that you or others transmit to us through this Site or otherwise shall become the exclusive property of Baltomar. This includes personal information about you and your use of the Site. Please review our Privacy Policy Statement for more information.
You promise that no information or materials you transmit to Baltomar will violate the rights of any third party, including copyright, trademark, privacy or other rights. You may not transmit any information that is or contains threatening, libelous, defamatory, scandalous, inflammatory, pornographic, profane or otherwise unlawful, abusive or obscene material. You will be solely responsible for the content of any comments you make.
Product Information
We have attempted to accurately display the colors of our products on the Site. However, the colors you see will depend on your monitor and its settings. We cannot guarantee that your monitor's display will be accurate.
Links to other sites
If you have any concerns regarding any external site linked to or from the Site, please direct them to the owner or operator of the external site. Baltomar is not responsible for any external sites, services or other materials linked to or from the Site, and disclaims all liability for any injuries you may experience using such materials.
Disclaimer
Baltomar and its affiliates expressly disclaim all warranties, whether express or implied, oral or written, including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose. This warranty disclaimer does NOT affect the terms of our manufacturer's warranty. Baltomar also does not warrant that your use of the Site, the operation or function of the Site, or any services offered through or from the Site, will be uninterrupted or error-free. Baltomar also does not warrant that this Site or its server, or any services offered through or from the Site are free of viruses or other harmful elements.
Baltomar Will not be liable for any damages relating to your use or inability to use this site, including, without limitation, direct, indirect, special, compensatory or consequential damages, loss of profits, or loss of or damage to property, even if baltomar has been informed of the possibility of such damages. If your use of the site, content, or any services or software offered through or from the site results in the need to repair or replace equipment or data, Baltomar is not responsible for those costs.
If you are dissatisfied with the Site, any of its Content, or any of these Terms, we would like to hear from you. You can contact us at info@baltomar.com. However, your sole and exclusive legal remedy is to discontinue using the Site.
Compensation
You agree to defend, indemnify and hold harmless Baltomar from and against any claims, damages, costs and expenses, including attorneys' fees, arising out of or related to your use of the Site or any services offered through or from the Site, or its violation. of any of these Terms and Conditions.
Miscellaneous
Unless otherwise specified, Baltomar displays this Site and its Contents solely to market and promote Baltomar products and services in the United States. This Site is controlled and operated by Baltomar from its offices in UE.
These Terms will be construed in accordance with the laws of Florida, without regard to conflicts of laws. Any dispute arising in connection with these Terms, the Contents, the use of the Site, products or services purchased using this Site, or any services offered through or from the Site, will be resolved exclusively by the state and federal courts of the State. of Florida. Your use of the Site constitutes your consent to the jurisdiction and venue of such courts with respect to any such dispute.
These Terms constitute the entire agreement between you and Baltomar regarding the Site or its Content. Any other agreement between you and Baltomar is superseded and of no force or effect.
Termination
If Baltomar believes that you have failed to comply with these Terms, or for any other reason or for no reason at all, Baltomar may deny you access to the Site immediately without notice. The restrictions, including restrictions with respect to Content, disclaimers and limitations of liability in these Terms will continue to apply. Upon denial of access, you must immediately destroy all Content downloaded or otherwise obtained from this Site, as well as all copies of the Content.
PURCHASE ORDER
Terms and Conditions
Acceptance. This purchase order (“purchase order”) is expressly conditioned upon your acceptance of all terms set forth herein, constitutes the entire agreement between buyer and seller, and supersedes all prior negotiations, representations or agreements, whether oral or writings, relating to the subject subject of this purchase order. Seller may ship only against a written purchase order. Shipment in response to a purchase order constitutes seller's acceptance of the purchase order and these standard terms and conditions. The latest version of these terms and conditions is contained in https:www.baltomar/legal-notice seller will receive written notice of any material updates to these terms and conditions. Any addition, exception or changes to these terms by seller, whether contained in any seller's printed format, on buyer's purchase order or elsewhere, is rejected by buyer, unless approved in writing by a authorized representative of the buyer.
Price. Seller warrants that the prices specified herein are not higher than the net prices now given by Seller to any other customer for goods or services of similar grade and quality in similar quantities and on similar terms. Seller agrees that if at any time prior to performance and delivery net prices are reduced by Seller for any of its customers for goods or services of similar grade and quality in similar quantities and on similar terms, Seller will extend such reductions of prices to the Buyer. The agreed prices will include all applicable federal, state and local taxes and other duties, levies, surcharges or other similar import charges. No charge for crating, crating, hauling or storage will be allowed unless otherwise stated herein. Buyer assumes no obligation for items, materials and work shipped or performed in excess of the quantity specified in this Purchase Order.

Compliance with Laws. Seller in performance of this Purchase Order agrees to comply with all applicable laws, regulations, rules and orders of federal, state and municipal government bodies and agencies relating to the production, sale, delivery or export of articles, material, and work covered by this Purchase Order (the “Services” or “Materials,” whichever is applicable), the dissemination of information in connection therewith and those relating to wages, hours and working conditions.  Seller further agrees that all Services (whenever applicable) and Materials covered by this Purchase Order have been advertised, priced, produced, labeled and transported in accordance with FTC and FDA regulations and have been produced in strict and full compliance with the requirements of the Occupational Health and Safety Act of 1970 as amended and the Fair Labor Standards Act of 1938, as amended.

Guarantee. Seller expressly warrants that all Services and Materials, at the time of shipment or delivery by Seller, will conform and be made and delivered in accordance with the specifications, drawings, samples or other descriptions as agreed upon by the parties or adopted by Buyer and accepted by Seller in writing (the "Specifications"), will be suitable and sufficient for their intended purpose, merchantable, of the highest quality, free of defects and are the exclusive property of Seller and will be delivered on the date specified in this Purchase Order, as confirmed by Seller. All warranties expressed or implied shall survive inspection, acceptance and payment by Buyer and inure to the benefit of Buyer and its customers.
Indemnity. Seller agrees to protect, indemnify, defend and hold harmless Buyer, its directors, officers, agents, employees, affiliates, successors, assigns, customers and users of its products, against all liability, loss, damage, including, but not limited to, incidental and consequential damages, injuries or expenses of any kind (including, without limitation, attorneys' fees) that may result from any claim, demand or suit based on (a) the performance of such Services or a condition in any such Materials that would constitute a failure of such Services to be as warranted, or (b) any infringement of any intellectual property (except patents owned or controlled by Buyer) relating in any way to any Service or Material or design, composition or processing origin or practice of the Seller supplied by Seller under this Purchase Order, or (c) to all persons or property arising from the performance of this Purchase Order or otherwise caused or resulting from, arising or occurring in connection with the negligence of the Seller, its agents or employees or the defective product supplied by the Seller. or its third party suppliers. In addition, Seller shall carry liability and workers' compensation insurance coverage with respect to any matter compensable hereunder in amounts required by Buyer in its sole discretion. Seller also agrees to provide appropriate certificates of insurance, naming Buyer as an additional insured upon request. Notwithstanding the foregoing, Buyer shall have the right to appear, at its own expense, in any forum by counsel of its choice.
Defective materials. Payment for Services and Materials and acknowledgment of receipt thereof will not constitute acceptance thereof. Rather, all Services will be performed and Materials received subject to inspection and rejection, at any time, by Buyer in its sole discretion. Defective Services or Materials or Services or Materials not in accordance with the Specifications, as determined in Buyer's sole discretion, will be returned at Seller's expense and risk and Buyer will have no obligation to pay for such Services or Materials. No inspection, testing, approval or acceptance shall relieve Seller of liability for all defects or other failures to comply with the requirements of this Purchase Order or any warranty. For defective Services or Materials or Materials not in accordance with specifications, as determined by Buyer in its sole discretion, Buyer shall, in addition to any other rights, the right to: (a) reject such Order and return the Materials to the Seller at the Seller's expense and risk. and expenses (including all freight charges) for rework or replacement; (b) return all or part of the Materials delivered hereunder for full credit of the purchase price; (c) retain rejected Materials and repair such Materials at Seller's expense; or (d) deem this Purchase Order unfulfilled as to the rejected Materials and canceled as to any unfulfilled portion of this Order and hold Seller liable for damages. Seller may not alter the formulation, manufacturing process or specification of any Materials without the prior written consent of Buyer. If at any time a government agency of any country, state, province or municipality requires Buyer to conduct a product safety recall or Buyer voluntarily undertakes such action, related to the Materials, Buyer will notify Seller within thirty (30) days after the start. of such action and Seller shall, at Buyer's option, repair or replace the related Materials, and Seller shall be liable for all damages, direct or indirect, incidental and consequential, associated with all removals, repairs and replacements of the Materials .
Modification of specifications. Buyer reserves the right at any time to make changes to the specifications of any Materials. Any difference in contract price resulting from such changes will be determined and approved equally by Buyer, and the Purchase Order will be modified in writing accordingly. Pending price adjustment, Seller will proceed with the execution of this Order as modified. Any claim for adjustment by Seller will be deemed waived unless made in writing and received within ten (10) business days of Seller's receipt of notice of the change.
Ownership of designs. Buyer shall retain all rights to designs, drawings, formulas, processes and other materials provided by or on behalf of Buyer to Seller in connection with this Purchase Order (“Buyer Designs”). Seller agrees to keep all Buyer's Designs and the terms of this Purchase Order confidential. The Seller hereby assigns any rights in designs, drawings, formulas, processes and other materials that it may develop or accumulate on behalf of the Buyer or pursuant to the direction or request of the Buyer in connection with the supply of the Materials or Services to the Buyer hereunder. None of such designs, drawings or other materials, whether or not provided by or on behalf of Buyer, shall be incorporated into or used in connection with goods supplied by Seller to others without the written permission of Buyer.
Delivery and Risk of Loss. Time is of the essence for this Purchase Order. The period of execution and delivery will not be extended beyond the date agreed upon by the Buyer, unless the Buyer accepts such modifications in writing. In addition to any other rights and remedies that Buyer may have under this Purchase Order or provided by law, if deliveries are not made at the agreed time, Buyer may cancel this Purchase Order in whole or in part. , expect a prompt refund from the Seller and purchase comparable goods elsewhere and hold the Seller responsible for any additional costs arising from such cancellation and purchase and other damages incurred by the Buyer as a result of the Seller's breach. Title and risk of loss of any Materials supplied by Seller under this Purchase Order shall remain with Seller until delivery of such Materials has been affected at the delivery point specified in this Purchase Order. Seller shall be solely responsible for the cost of freight and insurance of all Materials and shall also assume the risk of loss for defective or non-conforming Merchandise rejected by Buyer and reshipped to Seller.
Liens. Seller shall be responsible for ensuring that Seller, its employees, subcontractors or employees of subcontractors do not impose liens of any kind on Buyer's real or personal property as a result of work performed pursuant to this Purchase Order. Seller will indemnify, defend, protect and hold harmless Buyer against all such claims and encumbrances and Buyer shall have the right to retain sufficient funds due to Seller to discharge itself from all such obligations.
Bills; Shipping. Invoices and bills of lading showing this purchase order number, complete routing, car numbers, lot numbers, size of each lot, ingredient code number, and ingredient name (as applicable ) and other items agreed upon by Buyer and Seller must be dated and mailed at the time of shipment. A separate invoice must be made for each destination showing the shipping point and how it is shipped, with transportation charges paid in advance.
Termination. Buyer may terminate work under this Purchase Order, including, but not limited to, canceling shipments of Materials, in whole or in part, at any time and for any reason, upon notice to Seller, which shall indicate the scope and effective date thereof. Upon receipt, Seller will, as and to the extent indicated, cease work and/or shipment under this Purchase Order or any subcontract hereunder and the placement of additional subcontracts under the present, and will take all necessary measures to protect the property in the possession of the Seller in which the buyer has or may acquire an interest. If the parties are unable, through negotiation, to agree within a reasonable period of time on the amount of fair compensation prorated to Seller upon such termination, Seller's sole remedy is for Buyer to pay to Seller the following amounts without duplication: (1 ) The contract price for all Materials delivered hereunder before the effective date of termination and not previously paid; and (2) The actual costs indicated and documented by Seller, which are properly allocable or prorated in accordance with generally accepted accounting principles, are reasonable and incurred only with respect to the terminated portion of this Purchase Order and which Seller does not can recover. Payment made pursuant to this paragraph shall in no event exceed the total purchase price of the Materials less payments made or otherwise to be made. The provisions of this paragraph shall not limit or affect Buyer's right to terminate this Purchase Order for default by Seller, in which case no further payments will be due to Seller after such termination.
Remedies. The remedies reserved herein shall be cumulative and in addition to all other remedies provided at law or equity. Buyer hereby notifies Seller that it specifically objects to and rejects any attempt by Seller to limit or condition its liability for non-compliance with damages arising from its performance or non-compliance with this Purchase Order. Neither failure nor delay by Buyer in asserting any right or remedy hereunder shall constitute a waiver of such right or remedy. A waiver of any breach hereunder or of any term or condition of this Purchase Order shall not be deemed a continuing waiver or a waiver of any other breach or any other term or condition.
Governing law. This Purchase Order and the contract resulting from it shall be construed in accordance with the laws of Florida without regard to its conflict of laws principles and shall not be assignable by Seller. Any action or proceeding against either party relating to this Purchase Order shall be commenced and enforced in the state courts of Dade County in the Florida State or the U.S. District Court for Florida, and each party irrevocably submits to the jurisdiction of said courts with respect to such action or proceeding and waive any claim of forum non conveniens.
Force Majeure. Neither party shall be deemed in default in the performance of any obligation hereunder to the extent and during the period of time that performance of such obligation is delayed or prevented by acts of God, war, riot, flood or natural disaster. , labor strikes or any other cause beyond the reasonable control of such party; provided, however, that if performance is delayed or prevented for more than twenty (20) days, the unaffected party may immediately terminate this Purchase Order upon written notice to the other party; and provided further, that if the unaffected party is Buyer, then Buyer shall pay Seller for any conforming Materials accepted by Buyer prior to the date of termination.
Activate. Buyer shall have the right to set off at any time any amounts due from Seller to Buyer or any of its subsidiaries or affiliated companies against any amounts due and owing to Seller on this Purchase Order.
Miscellaneous. No waiver or modification of any provision of this Purchase Order by Seller will be effective unless made in writing and signed by an authorized representative of Buyer.