https://www.avient.com/sites/default/files/2023-06/Terms and Conditions of Sale for the U.S.%5B17%5D.pdf
In the
event of Buyer’s breach or failure to perform, Seller shall be entitled
to (but is not required to) recover from Buyer, in addition to any
other damages caused by such action: (i) in the case of Products
produced specifically for Buyer or which reasonably cannot be
resold by Seller to a third party, the price of such Products as quoted
in Seller’s order confirmation; or (ii) in the case of Products which
can be resold by Seller, damages equal to fifty percent (50%) of the
price for the Products as quoted in Seller’s order confirmation, as
liquidated damages.
9.
i) If Buyer is in default of
performance of its obligations towards Seller and fails to provide
adequate assurance of Buyer’s performance before the date of
scheduled delivery; or (ii) if Seller has reasonable doubts with
respect to Buyer’s performance of its obligations and Buyer fails to
provide to Seller adequate assurance of Buyer’s performance before
the date of scheduled delivery and in any case within thirty (30) days
of Seller’s demand for such assurance; or (iii) if Buyer becomes
insolvent or unable to pay its debts as they mature, or goes into
liquidation or any bankruptcy proceeding shall be instituted by or
against Buyer or if a trustee or receiver or administrator is appointed
for all or a substantial part of the assets of Buyer or if Buyer makes
any assignment for the benefit of its creditors; or (iv) in case of non-
compliance of Buyer with any law, statute ordinance, regulation,
code or standard (“Laws and Standards”), then Seller may by notice
in writing to Buyer, without prejudice to any of its other rights: (a)
demand return and take repossession of any delivered Products
which have not been paid for and all costs relating to the recovery of
the Products shall be for the account of Buyer; and/or (b) suspend its
performance or terminate its order confirmation for pending delivery
of Products unless Buyer makes such payment for Products on a cash
in advance basis or provides adequate assurance of such payment for
Products to Seller.
https://www.avient.com/sites/default/files/2023-06/Terms and Conditions of Sale for the Netherlands.pdf
In the
event of Buyer’s breach or failure to perform, Seller shall be entitled
to (but is not required to) recover from Buyer, in addition to any
other damages caused by such action: (i) in the case of Products
produced specifically for Buyer or which reasonably cannot be
resold by Seller to a third party, the price of such Products as quoted
in Seller’s order confirmation; or (ii) in the case of Products which
can be resold by Seller, damages equal to fifty percent (50%) of the
price for the Products as quoted in Seller’s order confirmation, as
liquidated damages.
9.
i) If Buyer is in default of performance
of its obligations towards Seller and fails to provide adequate
assurance of Buyer’s performance before the date of scheduled
delivery; or (ii) if Seller has reasonable doubts with respect to
Buyer’s performance of its obligations and Buyer fails to provide to
Seller adequate assurance of Buyer’s performance before the date of
scheduled delivery and in any case within thirty (30) days of Seller’s
demand for such assurance; or (iii) if Buyer becomes insolvent or
unable to pay its debts as they mature, or goes into liquidation or any
bankruptcy proceeding shall be instituted by or against Buyer or if a
trustee or receiver or administrator is appointed for all or a
substantial part of the assets of Buyer or if Buyer makes any
assignment for the benefit of its creditors; or (iv) in case of non-
compliance of Buyer with any law, statute ordinance, regulation,
code or standard (“Laws and Standards”), then Seller may by notice
in writing to Buyer, without prejudice to any of its other rights: (a)
demand return and take repossession of any delivered Products
which have not been paid for and all costs relating to the recovery of
the Products shall be for the account of Buyer; and/or (b) suspend its
performance or rescinds, partly or completely its order confirmation
for pending delivery of Products in accordance with Section 6:265
DCC unless Buyer makes such payment for Products on a cash in
advance basis or provides adequate assurance of such payment for
Products to Seller.
https://www.avient.com/sites/default/files/resources/PolyOne%2520IR%2520Presentation%2520-%2520Gabelli%2520%2526%2520Company%2520Specialty%2520Chemical%2520Conference.pdf
Factors that could cause actual results to differ materially from those implied by these forward-looking statements include, but are not limited to:
Our ability to realize anticipated savings and operational benefits from the realignment of assets, including the closure of manufacturing facilities;
The timing of closings and shifts of production to new facilities related to asset realignments and any unforeseen loss of customers and/or disruptions of
service or quality caused by such closings and/or production shifts;
Separation and severance amounts that differ from original estimates;
Amounts for non-cash charges related to asset write-offs and accelerated depreciation realignments of property, plant and equipment, that differ from
original estimates;
Our ability to identify and evaluate acquisition targets and consummate acquisitions;
The ability to successfully integrate acquired companies into our operations, retain the management teams of acquired companies, retain relationships
with customers of acquired companies, and achieve the expected results of such acquisitions, including whether such businesses will be accretive to our
earnings;
Disruptions, uncertainty or volatility in the credit markets that could adversely impact the availability of credit already arranged and the availability and
cost of credit in the future;
The financial condition of our customers, including the ability of customers (especially those that may be highly leveraged and those with inadequate
liquidity) to maintain their credit availability;
The speed and extent of an economic recovery, including the recovery of the housing market;
Our ability to achieve new business gains;
The effect on foreign operations of currency fluctuations, tariffs and other political, economic and regulatory risks;
Changes in polymer consumption growth rates and laws and regulations regarding the disposal of plastic in jurisdictions where we conduct business;
Changes in global industry capacity or in the rate at which anticipated changes in industry capacity come online;
Fluctuations in raw material prices, quality and supply and in energy prices and supply; production outages or material costs associated with scheduled
or unscheduled maintenance programs;
Unanticipated developments that could occur with respect to contingencies such as litigation and environmental matters;
An inability to achieve or delays in achieving or achievement of less than the anticipated financial benefit from initiatives related to working capital
reductions, cost reductions and employee productivity goals;
An inability to raise or sustain prices for products or services;
An inability to maintain appropriate relations with unions and employees;
Our ability to continue to pay cash dividends;
The amount and timing of repurchases of our common shares, if any; and
Other factors affecting our business beyond our control, including, without limitation, changes in the general economy, changes in interest rates and
changes in the rate of inflation.
The above list of factors is not exhaustive.
We undertake no obligation to publicly update forward-looking statements, whether as a result of new information, future events or otherwise.
sa=i&rct=j&q=&esrc=s&frm=1&source=images&cd=&cad=rja&uact=8&ved=0CAcQjRw&url=http://www.mullerquaker.com/products/greek100/greek100-peach-and-passion-fruit&ei=-acYVZq7EIqwyASDjYL4CA&bvm=bv.89381419,d.cWc&psig=AFQjCNGNCQY1_dCN2RPLzxtap_Pu0omTXQ&ust=1427765484498432
POLYONE CORPORATION 22
2016 Revenue: $0.7 Billion
At a Glance: Performance Products & Solutions
2016 Revenue by Industry Expanding Profits
5.5%
6.9%
3.8% 3.6%
5.5%
4.3%
6.3% 7.2% 7.7%
8.3%
12-14%
2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2020
Operating Income % of Sales
Platinum
Vision
11.1%
B & C
30%
Transportation
18%
W & C
16%
Industrial
16% Appliance
6%
Consumer
5%
Packaging
5%
E & E
3%
Healthcare
1%
United
States
78%
Canada
16%
Latin
America
4%
Asia
2%
Key Applications
POLYONE CORPORATION 23
2016 Revenue: $1.1 Billion
At a Glance: Distribution
Key Suppliers
ROIC Expanding Profits
2.6%
3.0%
3.5%
4.0%
4.6%
5.6%
6.4%
5.9% 6.1%
6.6%
6.5-7.5%
6.4%
2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2020
Operating Income % of Sales
Platinum
Vision
15%
51%
2006 2016
Transportation
24%
Healthcare
22%
Industrial
18%
Consumer
15% Appliance
6%
E & E
5%
B & C
4%
Packaging
4%
W & C
2%
http://www.avient.com/Pages/VariationRoot.aspx
24 POLYONE CORPORATION
Application Examples
POLYONE CORPORATION 25
Luxury Packaging
with Gravitech Density Modified Polymers
Impart weight, sound and
metallic finish to caps and
closures for cosmetics and
spirits applications
Elevate quality and prestige
perceptions among high-end
consumers
Eliminate time and cost
associated with secondary
operations and assembly
POLYONE CORPORATION 26
Eliminate costs by increasing
pigment density
Enhance color performance
without altering form and
formulation
Increase design capabilities by
reducing weight and layer
thickness
Optimize Color Usage
with OnColor Super Concentrates
POLYONE CORPORATION 27
Inhibit microbial growth on
polymer surface
Enhance value or products
and devices
Highly versatile concentrate
with the ability to be
incorporated into a wide
variety of products
Combat Bacteria Formation
with WithStand Antimicrobial Technology
POLYONE CORPORATION 28
Medical Device Housings
with Chemically Resistant Engineered Polymers
Durable, long-lasting
products stand up to the
most aggressive disinfectants
Minimize environmental
stress cracking and
discoloration
One of the broadest
medically approved polymer
and colorant portfolios
POLYONE CORPORATION 29
Color & Design Services
Greater control of color development
and supply chain
Work across entire design process
from concept to commercialization
Inspire creativity in the use of
polymer materials, colors
and effects
Innovative brand differentiation
Faster development timelines
POLYONE CORPORATION 30
Outdoor Applications
Leading provider of high performance
specialty materials for the recreational
and sports & leisure industry
Well positioned across all segments to
address market needs
Metal to Polymer Conversion
Lightweighting
Thermal Management
Impact Performance
Source: Outdoor Industry Association
POLYONE CORPORATION 31
Fiber Colorants
Solutions for clothing, apparel, footwear, automotive & sporting goods
ColorMatrix Fiber Colorant Solutions
Proprietary advanced liquid color
formulations and equipment enable
greater efficiency and productivity
Eliminates aqueous dyeing and its
associated wastewater treatment
Solid Color Concentrates
Extrusion-spun fibers colored via
solid masterbatch
POLYONE CORPORATION 32
High-Barrier Packaging Containers
Capability to extrude up to 13
layers
Strong oxygen and moisture vapor
transmission protection
Can be made symmetrical or
asymmetrical to meet customized
needs of broad variety of
applications
Barrier protection and superior
sensory properties
1
Reconciliation of Non-GAAP Financial Measures (Unaudited)
(Dollars in millions, except per share data)
Senior management uses comparisons of adjusted net income attributable to PolyOne common shareholders, adjusted earnings per share (EPS) attributable to PolyOne common
shareholders and operating income before special items to assess performance and allocate resources because senior management believes that these measures are useful in
understanding current profitability levels and that current levels may serve as a base for future performance.
https://www.avient.com/sites/default/files/resources/PolyOne%2520IR%2520Presentation%2520-%2520Goldman%2520Basic%2520Materials%2520Conference.pdf
Factors that could cause actual results to differ materially from those implied by these forward-looking statements include, but are not limited to:
Our ability to realize anticipated savings and operational benefits from the realignment of assets, including the closure of manufacturing facilities;
The timing of closings and shifts of production to new facilities related to asset realignments and any unforeseen loss of customers and/or disruptions of
service or quality caused by such closings and/or production shifts;
Separation and severance amounts that differ from original estimates;
Amounts for non-cash charges related to asset write-offs and accelerated depreciation realignments of property, plant and equipment, that differ from
original estimates;
Our ability to identify and evaluate acquisition targets and consummate acquisitions;
The ability to successfully integrate acquired companies into our operations, retain the management teams of acquired companies, retain relationships
with customers of acquired companies, and achieve the expected results of such acquisitions, including whether such businesses will be accretive to our
earnings;
Disruptions, uncertainty or volatility in the credit markets that could adversely impact the availability of credit already arranged and the availability and
cost of credit in the future;
The financial condition of our customers, including the ability of customers (especially those that may be highly leveraged and those with inadequate
liquidity) to maintain their credit availability;
The strength and timing of economic recoveries;
Our ability to achieve new business gains;
The effect on foreign operations of currency fluctuations, tariffs and other political, economic and regulatory risks;
Changes in polymer consumption growth rates and laws and regulations regarding the disposal of plastic in jurisdictions where we conduct business;
Changes in global industry capacity or in the rate at which anticipated changes in industry capacity come online;
Fluctuations in raw material prices, quality and supply and in energy prices and supply; production outages or material costs associated with scheduled
or unscheduled maintenance programs;
Unanticipated developments that could occur with respect to contingencies such as litigation and environmental matters;
An inability to achieve or delays in achieving or achievement of less than the anticipated financial benefit from initiatives related to working capital
reductions, cost reductions and employee productivity goals;
Information systems failures and cyber attacks;
An inability to maintain appropriate relations with unions and employees;
Our ability to continue to pay regular cash dividends and the amounts and timing of any future dividends;
The amount and timing of repurchases of our common shares, if any; and
Other factors affecting our business beyond our control, including, without limitation, changes in the general economy, changes in interest rates and
changes in the rate of inflation.
The above list of factors is not exhaustive.
We undertake no obligation to publicly update forward-looking statements, whether as a result of new information, future events or otherwise.
sa=i&rct=j&q=&esrc=s&frm=1&source=images&cd=&cad=rja&uact=8&ved=0CAcQjRw&url=http://www.mullerquaker.com/products/greek100/greek100-peach-and-passion-fruit&ei=-acYVZq7EIqwyASDjYL4CA&bvm=bv.89381419,d.cWc&psig=AFQjCNGNCQY1_dCN2RPLzxtap_Pu0omTXQ&ust=1427765484498432
POLYONE CORPORATION 18
2016 Revenue: $0.7 Billion
At a Glance: Performance Products & Solutions
2016 Revenue by Industry Expanding Profits
5.5%
6.9%
3.8% 3.6%
5.5%
4.3%
6.3% 7.2% 7.7%
8.3%
12-14%
12.0%
2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 1Q
2017
2020
Operating Income % of Sales
11.1%
B & C
30%
Transportation
18%
W & C
16%
Industrial
16% Appliance
6%
Consumer
5%
Packaging
5%
E & E
3%
Healthcare
1%
United
States
78%
Canada
16%
Latin
America
4%
Asia
2%
Key Applications
Platinum
Vision
POLYONE CORPORATION 19
2016 Revenue: $1.1 Billion
At a Glance: Distribution
Key Suppliers
ROIC Expanding Profits
2.6%
3.0%
3.5%
4.0%
4.6%
5.6%
6.4%
5.9% 6.1%
6.6%
6.5-7.5%
6.4% 6.5%
2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 1Q
2017
2020
Operating Income % of Sales
4%
36%
2006 2016
Transportation
24%
Healthcare
22%
Industrial
18%
Consumer
15% Appliance
6%
E & E
5%
B & C
4%
Packaging
4%
W & C
2%
Platinum
Vision
*After-Tax ROIC
http://www.avient.com/Pages/VariationRoot.aspx
20 POLYONE CORPORATION
Target End Markets &
Application Examples
21 POLYONE CORPORATION
Therma-Tech™ & Sheet
GEON™ Vinyl
Polymer Colorants
Therma-Tech™
TPE’s & Film
TPE + OnForce™
Gravi-Tech™
Page 21
Film
Target End Markets… Healthcare
22 POLYONE CORPORATION
Sound & Vibration
Management
Fuel Handling
Systems
Interior & Exterior Trim
Structural Braces
& Brackets
Interior Structural
Components
Lighting
Air management
Electronics & Cameras
Fluid Handling
Target End Markets… Automotive
Underhood
Components
Roof Systems
23 POLYONE CORPORATION
PreservaPak™
OnColor™
Smart Batch™
VersaFlex™
TPE Cap Liner
ColorMatrix™
Amosorb™
Oxygen Scavenger
ColorMatrix™
Ultimate™ UV
Light Barrier
OnCap™
Laser Marking
Additives
Target End Markets… Packaging
24 POLYONE CORPORATION
Source: Outdoor Industry Association
TPE Vibration Dampening
(SEM/GLS)
TPE + OnForce
(SEM)
OnForce
(SEM)
Advanced Composites
(SEM)
TPE Vibration Dampening
(SEM/GLS)
Thermoplastic Elastomers
(SEM)
Advanced Composites
(SEM)
Polymer Colorants
(CAI)
Sheet
(DSS)
TPE & Film
(SEM + DSS)
Advanced Composites
(SEM)
Polymer Colorants
(CAI)
Thermatech
(SEM)
Thermoplastic Elastomers
(SEM)
TPE + OnForce
(SEM)
OnForce
(SEM)
Target End Markets… Consumer
POLYONE CORPORATION 25
Luxury Packaging
with Gravitech Density Modified Polymers
Impart weight, sound and
metallic finish to caps and
closures for cosmetics and
spirits applications
Elevate quality and prestige
perceptions among high-end
consumers
Eliminate time and cost
associated with secondary
operations and assembly
POLYONE CORPORATION 26
Eliminate costs by increasing
pigment density
Enhance color performance
without altering form and
formulation
Increase design capabilities by
reducing weight and layer
thickness
Optimize Color Usage
with OnColor Super Concentrates
POLYONE CORPORATION 27
Inhibit microbial growth on
polymer surface
Enhance value or products
and devices
Highly versatile concentrate
with the ability to be
incorporated into a wide
variety of products
Combat Bacteria Formation
with WithStand Antimicrobial Technology
POLYONE CORPORATION 28
Medical Device Housings
with Chemically Resistant Engineered Polymers
Durable, long-lasting
products stand up to the
most aggressive disinfectants
Minimize environmental
stress cracking and
discoloration
One of the broadest
medically approved polymer
and colorant portfolios
POLYONE CORPORATION 29
Color & Design Services
Greater control of color
development and supply chain
Work across entire design
process from concept to
commercialization
Inspire creativity in the use of
polymer materials, colors
and effects
Innovative brand differentiation
Faster development timelines
POLYONE CORPORATION 30
Outdoor Applications
Leading provider of high performance
specialty materials for the recreational
and sports & leisure industry
Well positioned across all segments to
address market needs
Metal to Polymer Conversion
Lightweighting
Thermal Management
Impact Performance
Source: Outdoor Industry Association
POLYONE CORPORATION 31
Fiber Colorants
Solutions for clothing, apparel, footwear, automotive & sporting goods
ColorMatrix Fiber Colorant Solutions
Proprietary advanced liquid color
formulations and equipment enable
greater efficiency and productivity
Eliminates aqueous dyeing and its
associated wastewater treatment
Solid Color Concentrates
Extrusion-spun fibers colored via
solid masterbatch
POLYONE CORPORATION 32
High-Barrier Packaging Containers
Capability to extrude up to 13
layers
Strong oxygen and moisture vapor
transmission protection
Can be made symmetrical or
asymmetrical to meet customized
needs of broad variety of
applications
Barrier protection and superior
sensory properties
POLYONE CORPORATION 33
Smart Home Devices
with Resilience Vinyl Solutions
High flame retardancy to meet
strict UL standards
Greater processing and design
flexibility
Specialized additives provide
long term color stability
Diffusive lens materials improve
light dispersion
1
Reconciliation of Non-GAAP Financial Measures (Unaudited)
(Dollars in millions, except per share data)
Senior management uses comparisons of adjusted net income attributable to PolyOne common shareholders, adjusted earnings per share (EPS) attributable to PolyOne common
shareholders and operating income before special items to assess performance and allocate resources because senior management believes that these measures are useful in
understanding current profitability levels and that current levels may serve as a base for future performance.
https://www.avient.com/sites/default/files/2024-03/Terms and Conditions of Sale for Finland.pdf
In the event of Buyer’s
breach or failure to perform, Seller shall be entitled to (but is not
required to) recover from Buyer, in addition to any other damages
caused by such action: (i) in the case of Products produced
specifically for Buyer or which reasonably cannot be resold by Seller
to a third party, the price of such Products as quoted in Seller’s order
confirmation; or (ii) in the case of Products which can be resold by
Seller, damages equal to fifty percent (50%) of the price for the
Products as quoted in Seller’s order confirmation, as liquidated
damages.
9.
i) If Buyer is in default of
performance of its obligations towards Seller and fails to provide
adequate assurance of Buyer’s performance before the date of
scheduled delivery; or (ii) if Seller has reasonable doubts with
respect to Buyer’s performance of its obligations and Buyer fails to
provide to Seller adequate assurance of Buyer’s performance before
the date of scheduled delivery and in any case within thirty (30) days
of Seller’s demand for such assurance; or (iii) if Buyer becomes
insolvent or unable to pay its debts as they mature, or goes into
liquidation or any bankruptcy proceeding shall be instituted by or
against Buyer or if a trustee or receiver or administrator is appointed
for all or a substantial part of the assets of Buyer or if Buyer makes
any assignment for the benefit of its creditors; or (iv) in case of non-
compliance of Buyer with any law, statute ordinance, regulation,
code or standard (“Laws and Standards”), then Seller may by notice
in writing to Buyer, without prejudice to any of its other rights: (a)
demand return and take repossession of any delivered Products
which have not been paid for and all costs relating to the recovery of
the Products shall be for the account of Buyer; and/or (b) suspend its
performance or terminate its order confirmation for pending delivery
of Products unless Buyer makes such payment for Products on a cash
in advance basis or provides adequate assurance of such payment for
Products to Seller.
https://www.avient.com/sites/default/files/2024-03/Terms and Conditions of Sale for Hungary.pdf
In the
event of Buyer’s breach or failure to perform, Seller shall be entitled
to (but is not required to) recover from Buyer, in addition to any
other damages caused by such action: (i) in the case of Products
produced specifically for Buyer or which reasonably cannot be
resold by Seller to a third party, the price of such Products as quoted
in Seller’s order confirmation; or (ii) in the case of Products which
can be resold by Seller, damages equal to fifty percent (50%) of the
price for the Products as quoted in Seller’s order confirmation, as
liquidated damages.
9.
i) If Buyer is in default of
performance of its obligations towards Seller and fails to provide
adequate assurance of Buyer’s performance before the date of
scheduled delivery; or (ii) if Seller has reasonable doubts with
respect to Buyer’s performance of its obligations and Buyer fails to
provide to Seller adequate assurance of Buyer’s performance before
the date of scheduled delivery and in any case within thirty (30) days
of Seller’s demand for such assurance; or (iii) if Buyer becomes
insolvent or unable to pay its debts as they mature, or goes into
liquidation or any bankruptcy proceeding shall be instituted by or
against Buyer or if a trustee or receiver or administrator is appointed
for all or a substantial part of the assets of Buyer or if Buyer makes
any assignment for the benefit of its creditors; or (iv) in case of non-
compliance of Buyer with any law, statute ordinance, regulation,
code or standard (“Laws and Standards”), then Seller may by notice
in writing to Buyer, without prejudice to any of its other rights: (a)
demand return and take repossession of any delivered Products
which have not been paid for and all costs relating to the recovery of
the Products shall be for the account of Buyer; and/or (b) suspend its
performance or terminate its order confirmation for pending delivery
of Products unless Buyer makes such payment for Products on a cash
in advance basis or provides adequate assurance of such payment for
Products to Seller.
https://www.avient.com/sites/default/files/2024-03/Terms and Conditions of Sale for the United Kingdom.pdf
In the
event of Buyer’s breach or failure to perform, Seller shall be entitled
to (but is not required to) recover from Buyer, in addition to any
other damages caused by such action: (i) in the case of Products
produced specifically for Buyer or which reasonably cannot be
resold by Seller to a third party, the price of such Products as quoted
in Seller’s order confirmation; or (ii) in the case of Products which
can be resold by Seller, damages equal to fifty percent (50%) of the
price for the Products as quoted in Seller’s order confirmation, as
liquidated damages.
9.
i) If Buyer is in default of
performance of its obligations towards Seller and fails to provide
adequate assurance of Buyer’s performance before the date of
scheduled delivery; or (ii) if Seller has reasonable doubts with
respect to Buyer’s performance of its obligations and Buyer fails to
provide to Seller adequate assurance of Buyer’s performance before
the date of scheduled delivery and in any case within thirty (30) days
of Seller’s demand for such assurance; or (iii) if Buyer becomes
insolvent or unable to pay its debts as they mature, or goes into
liquidation or any bankruptcy proceeding shall be instituted by or
against Buyer or if a trustee or receiver or administrator is appointed
for all or a substantial part of the assets of Buyer or if Buyer makes
any assignment for the benefit of its creditors; or (iv) in case of non-
compliance of Buyer with any law, statute ordinance, regulation,
code or standard (“Laws and Standards”), then Seller may by notice
in writing to Buyer, without prejudice to any of its other rights: (a)
demand return and take repossession of any delivered Products
which have not been paid for and all costs relating to the recovery of
the Products shall be for the account of Buyer; and/or (b) suspend its
performance or terminate its order confirmation for pending delivery
of Products unless Buyer makes such payment for Products on a cash
in advance basis or provides adequate assurance of such payment for
Products to Seller.
https://www.avient.com/sites/default/files/resources/AquaMix-_Fact_Sheet__72831-B_%25281%2529.pdf
Emulsion: Water immiscible liquids and insoluble solids incorporated into a
water-based suspension through moderate- to high-shear mechanical agitation
Emulsion: Water immiscible liquids and insoluble solids incorporated into a
water-based suspension through moderate- to high-shear mechanical agitation
https://www.avient.com/sites/default/files/2024-12/Terms and Conditions of Sale for Singapore %28English%29.pdf
In the event of Buyer’s breach or failure to perform,
Seller shall be entitled to (but is not required to) recover from
Buyer, in addition to any other damages caused by such action:
(i) in the case of Products produced specifically for Buyer or
which reasonably cannot be resold by Seller to a third party, the
price of such Products as quoted in Seller’s order confirmation;
or (ii) in the case of Products which can be resold by Seller,
damages equal to fifty percent (50%) of the price for the
Products as quoted in Seller’s order confirmation, as liquidated
damages.
9.
If (i) Buyer is in default of
performance of its obligations towards Seller and fails to provide
adequate assurance of Buyer’s performance before the date of
scheduled delivery; or (ii) if Seller has reasonable doubts with
respect to Buyer’s performance of its obligations and Buyer fails
to provide to Seller adequate assurance of Buyer’s performance
before the date of scheduled delivery and in any case within
thirty (30) days of Seller’s demand for such assurance; or (iii) if
Buyer becomes insolvent or unable to pay its debts as they
mature, or goes into liquidation or any bankruptcy proceeding
shall be instituted by or against Buyer or if a trustee or receiver
or administrator is appointed for all or a substantial part of the
assets of Buyer or if Buyer makes any assignment for the benefit
of its creditors; or (iv) in case of non-compliance of Buyer with
any law, statute ordinance, regulation, code or standard (“Laws
and Standards”), then Seller may by notice in writing to Buyer,
without prejudice to any of its other rights: (a) demand return
and take repossession of any delivered Products which have not
been paid for and all costs relating to the recovery of the Products
shall be for the account of Buyer; and/or (b) suspend its
performance or terminate its order confirmation for pending
delivery of Products unless Buyer makes such payment for
Products on a cash in advance basis or provides adequate
assurance of such payment for Products to Seller.
https://www.avient.com/sites/default/files/2024-12/Terms and Conditions of Sale for Thailand %28English%29.pdf
In the
event of Buyer’s breach or failure to perform, Seller shall be entitled
to (but is not required to) recover from Buyer, in addition to any
other damages caused by such action: (i) in the case of Products
produced specifically for Buyer or which reasonably cannot be
resold by Seller to a third party, the price of such Products as quoted
in Seller’s order confirmation; or (ii) in the case of Products which
can be resold by Seller, damages equal to fifty percent (50%) of the
price for the Products as quoted in Seller’s order confirmation, as
liquidated damages.
9.
If (i) Buyer is in default of
performance of its obligations towards Seller and fails to provide
adequate assurance of Buyer’s performance before the date of
scheduled delivery; or (ii) if Seller has reasonable doubts with
respect to Buyer’s performance of its obligations and Buyer fails to
provide to Seller adequate assurance of Buyer’s performance before
the date of scheduled delivery and in any case within thirty (30) days
of Seller’s demand for such assurance; or (iii) if Buyer becomes
insolvent or unable to pay its debts as they mature, or goes into
liquidation or any bankruptcy proceeding shall be instituted by or
against Buyer or if a trustee or receiver or administrator is appointed
for all or a substantial part of the assets of Buyer or if Buyer makes
any assignment for the benefit of its creditors; or (iv) in case of non-
compliance of Buyer with any law, statute ordinance, regulation,
code or standard (“Laws and Standards”), then Seller may by
notice in writing to Buyer, without prejudice to any of its other
rights: (a) demand return and take repossession of any delivered
Products which have not been paid for and all costs relating to the
recovery of the Products shall be for the account of Buyer; and/or
(b) suspend its performance or terminate its order confirmation for
pending delivery of Products unless Buyer makes such payment for
Products on a cash in advance basis or provides adequate assurance
of such payment for Products to Seller.