https://www.avient.com/sites/default/files/2023-07/Terms and Conditions of Sale for China - August 2023.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 Colombia %28English and Spanish Translation%29.pdf
El
Comprador estará obligado a aceptar los Productos y a pagar la
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, insolvency or debt
restructuring 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 Taiwan %28English and Chinese Translation%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.
8.
契約之中止或終止:若(i) 買方違反對於賣方之契
約履行義務,並且在預定之出貨日期前並未提供
充分之履約保證;(ii) 賣方合理懷疑買方之履約能
力,而買方在預定出貨日期前和賣方要求提供履
約保證之三十(30)日內未能提供該等保證;(iii)
買方無償債能力或無法償還到期之債務,或陷入
由買方提起或對買方提起之清算或破產程序,或
4
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/products/thermoplastic-elastomers/versaflex-thermoplastic-elastomers
Customizable co-extruded tack layer film that lowers VOC emissions by eliminating secondary coating and drying operations; and avoids use of liquid solvents
https://www.avient.com/knowledge-base/article/thermoplastic-elastomer-tpe-faqs
This behavior is somewhat similar to an egg when it is cooked: further heating does not return the egg to its liquid state, it only burns.
https://www.avient.com/sites/default/files/2020-09/sustainabilityreport2018.pdf
Serve
Customers
Retain
Employees
Invest in
Commercial
Resources
Capture Synergies
Implement LSS to Drive
Efficiency Improvements
Cross-sell and Blend Technology
Leverage PolyOne’s Global Reach
Innovate with Combined Portfolio
Sustainability Report | 2018 49
Over a Decade of Specialty Acquisitions
Specialized soft touch
elastomer materials enabling
vibration damping and
ergonomic benefits
JAN 2008
2008
Advanced
healthcare
formulations for
medical devices
DEC 2009
2009
Deep portfolio of liquid color and
additive solutions for sustainable
packaging, including reduced material
requirements and barrier technology
DEC 2011
2011
Lightweight, high-strength
composite technology
enabling energy efficiency
DEC 2012
2012
Liquid polymer formulations and
specialty coatings solutions for a
wide range of end markets
DEC 2014
Thermoplastic elastomer
solutions for products
requiring sustainable
performance attributes,
such as medical, consumer
and packaging
FEB 2016
2014
Color solutions for fibers to
eliminate post production dying,
minimizing water intensity
DEC 2015
2015
2016
Lightweight, high-
strength composite
technology for precision
and performance
JUL 2016
Thermoplastic
composite
solutions providing
lightweighting,
design and recycling
advantages
JUL 2016
Color masterbatch
provider focused on high-
temperature applications
in demanding
environments, including
high efficiency engines
DEC 2016A leading provider of
specialty and eco-
conscious inks for the
screen-printing industry
JUN 2017
2017
Silicone colorant and additive
dispersions for healthcare and
other specialty markets
JAN 2017
Color and additive
technologies for
consumer, outdoor
and packaging
applications
JUL 2017
2018
Europe-based innovator of
color and additive solutions
supporting customers’
high standards for design,
functionality and performance
JAN 2018
Thermoplastic
composite
technology with
lightweighting,
high-strength
and recyclability
benefits
JUN 2018
Lightweighting
composite technology
that enables
connectivity and
infrastructure through
fiber optic and 5G
applications
JAN 2019
2019
KRATON TPE
Our Solutions…In Action
Case Studies in Sustainability
All of our work—from idea, to design, to R&D, and through to
commercialization—culminates when our customer’s products are
brought to market.
This
additive is particularly suitable in packaging for ultra-high
temperature (UHT) liquid dairy products, as these types
of products have a longer shelf life, making them more
susceptible to light-induced oxidation due to ambient
storage conditions.
https://www.avient.com/sites/default/files/resources/PolyOne%25202017%2520Proxy%2520Statement.PDF
● Strong balance sheet and freff e cash flow, as total cash
and liquidity ended the year at $227 million and
$613 million, respectively.
Adjud stments;tt Corporate Transactions: The Committee will make or provide for such adjustments in: (1) the number of
and kind of Common Shares covered by outstanding stock options, SARs, restricted stock, RSUs, perforff mance shares
and performance units granted under the 2017 Plan; (2) if applicable, the number of and kind of Common Shares
covered by Other Awards granted pursuant to the 2017 Plan; (3) the exercise price or base price provided in
outstanding stock options and SARs, respectively; (4) cash incentive awards; and (5) other award terms, as the
Committee in its sole discretion, exercised in good faith determines to be equitably required in order to prevent
25
dilution or enlargement of the rights of participants or optionees that otherwise would result froff m (A) any
extraordinary cash dividend, stock dividend, stock split, combination of shares, recapitalization or other change in the
capital structure of the Company; (B) any merger, consolidation, spin-off, sf pin-out, split-off, split-up, reorganization,
partial or complete liquidation or other distribution of assets, issuance of rights or warrants to purchase securities; or
(C) any other corporate transaction or event having an effecff t similar to any of the foregoing.
Year Ended
December 31,
Reconciliation to Consolidated Statements of Income 2016 2015
Operating income - GAAP 281.9 250.9
Special items in operating income (1) 35.3 71.3
Operating income adjusted $ 317.2 $ 322.2
Liquidity is calculated as folff lows:
As of December 31,
2016
Cash and cash equivalents $ 226.7
Revolving credit availability 386.2
Liquidity $ 612.9
(1) Special items are a non-GAAP finff ancial measure and are used to determine adjusted earnings.
https://www.avient.com/investor-center/news/polyone-announces-record-first-quarter-2016-results
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 businesses into our operations, including whether such businesses will be accretive, retain the management teams of acquired businesses, and retain relationships with customers of acquired businesses; 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.
https://www.avient.com/sites/default/files/resources/POL%2520IR%2520Presentation%2520-%2520Investor%2520Day%25205-18-15.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 planned closure of certain 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 and 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 and retain relationships
with customers of acquired companies including, without limitation, Spartech Corporation and Accella Performance Materials;
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 materials in jurisdictions where we conduct
business;
Changes in global industry capacity or in the rate at which anticipated changes in industry capacity come online in the industries in which we participate;
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 regular quarterly cash dividends and the amounts and timing of any future dividends;
The amount and timing of repurchases of our common shares, if any;
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.
https://www.avient.com/sites/default/files/2024-12/Terms and Conditions of Sale for France %28French Translation%29.pdf
i) Si l'Acheteur est en défaut d'exécution de ses obligations envers le
Vendeur et ne fournit pas de garantie adéquate de l'exécution de l'Acheteur avant la date de livraison
prévue ; ou (ii) si le Vendeur a des doutes raisonnables quant à l'exécution de ses obligations par
l'Acheteur et que ce dernier ne lui fournit pas de garantie adéquate de l'exécution de ses obligations
avant la date de livraison prévue et, en tout état de cause, dans les trente (30) jours suivant la demande
d'une telle garantie de la part du Vendeur ; ou (iii) si l'Acheteur devient insolvable ou incapable de
payer ses engagements à leur échéance, s'il est mis en liquidation ou si une procédure de faillite est
engagée par ou contre l'Acheteur ou si un syndic ou un administrateur est nommé ou si l'Acheteur
procède à une cession au profit de ses créanciers ; ou (iv) en cas de non-respect par l'Acheteur d'une
loi, d'une ordonnance, d'un règlement, d'un code ou d'une norme (« lois et normes »), le Vendeur
peut, par notification écrite à l'Acheteur, sans préjudice de ses autres droits : (a) exiger le retour et
prendre possession de tous les Produits livrés qui n'ont pas été payés et tous les coûts liés à la
récupération des Produits seront à la charge de l'Acheteur ; et/ou (b) suspendre son exécution ou
résilier sa confirmation de commande, à moins que l'Acheteur ne procède au paiement des Produits
sur la base d'un paiement anticipé ou qu'il ne fournisse au Vendeur une garantie adéquate de ce
paiement.