Terms of service

Terms of Service

Overview

This website is operated by OpenFormula. Throughout this website, the terms “OpenFormula,” “we,” “us,” and “our” refer to OpenFormula. OpenFormula provides this website, including its information, product catalog, quote-request tools, content, features, and related services (collectively, the “Services”).

These Terms of Service (“Terms”) govern your access to and use of the Services and any request, quotation, purchase, or transaction made through or in connection with the Services.

By accessing or using the Services, submitting a quote request, accepting a quotation, issuing a purchase order, or purchasing a product from OpenFormula, you agree to these Terms and our Privacy Policy. If you do not agree, you must not use the Services.

1. Eligibility and Authority

You represent that you are at least the age of majority in your jurisdiction and are legally capable of entering into a binding agreement.

If you use the Services on behalf of a business or other organization, you represent that you have authority to bind that organization to these Terms. In that case, “you” and “your” refer to both you and the organization.

You agree to provide accurate, current, and complete information when submitting quote requests, placing orders, or otherwise communicating with OpenFormula.

2. Business-to-Business Services

OpenFormula primarily supplies chemicals, ingredients, raw materials, and related products to commercial, industrial, institutional, and professional customers.

The product catalog and information displayed on this website are provided for general informational and sourcing purposes. Products shown on the website are not guaranteed to be available, and the website does not constitute an offer to sell any product at a particular price, quantity, specification, or delivery date.

3. Quote Requests and Quotations

Submitting a quote request does not create an order, purchase obligation, or binding agreement. A quote request is an invitation for OpenFormula to provide availability, pricing, specifications, shipping terms, and other proposed transaction terms.

Quotations are valid only for the period stated in the quotation and may be withdrawn or revised before acceptance. Pricing and availability may change due to market conditions, supplier availability, freight costs, regulatory requirements, tariffs, or other factors.

Unless expressly stated otherwise, quotations exclude applicable taxes, duties, customs charges, hazardous-material fees, special handling fees, insurance, and other governmental or carrier-imposed charges.

If a quotation, order confirmation, invoice, product specification, or written agreement issued by OpenFormula contains terms that conflict with these Terms, the more specific OpenFormula document will control for that transaction.

4. Orders and Acceptance

Your acceptance of a quotation or submission of a purchase order constitutes an offer to purchase under the applicable quotation and these Terms. No order is binding on OpenFormula until we provide written confirmation or begin processing the order.

OpenFormula may accept, reject, limit, or cancel an order for reasons including product availability, supplier limitations, credit concerns, pricing errors, regulatory restrictions, shipping restrictions, suspected fraud, or inability to satisfy requested specifications.

Any additional or conflicting terms contained in a customer purchase order or other customer document are rejected unless expressly accepted in writing by an authorized representative of OpenFormula.

Customers must carefully review all confirmed product names, Chemical Abstracts Service (“CAS”) numbers, grades, concentrations, quantities, packaging, specifications, shipping information, and intended-use requirements before approving an order.

5. Product Information and Specifications

OpenFormula makes reasonable efforts to provide accurate product information. However, website descriptions, images, specifications, technical data, safety information, availability, and other content may be incomplete, generalized, or subject to change.

Product-specific requirements are binding only when expressly included in an OpenFormula quotation, order confirmation, specification sheet, or other written agreement.

Unless specifically agreed in writing, OpenFormula does not warrant that a product is suitable for any particular application, formulation, process, regulatory classification, or end use.

Product images are illustrative and may not represent the actual container, label, color, texture, packaging, or appearance of the supplied product.

6. Customer Responsibilities and Intended Use

You are solely responsible for determining whether a product is suitable and legally permitted for your intended application, process, market, and jurisdiction.

Before handling or using any product, you must review the applicable Safety Data Sheet (“SDS”), product specifications, Certificate of Analysis when provided, and other safety or technical documentation. You are responsible for ensuring appropriate handling, transportation, storage, testing, use, labeling, disposal, employee training, protective equipment, and regulatory compliance.

You must not use any product for pharmaceutical, medical, food, feed, cosmetic, pesticide, controlled-substance, explosive, or other regulated applications unless that use is expressly disclosed to and approved by OpenFormula in writing and the supplied product is specifically represented as suitable for that application.

You agree to comply with all applicable environmental, health, safety, transportation, import, export, sanctions, chemical-control, and hazardous-material laws and regulations.

OpenFormula is not responsible for any loss or liability resulting from misuse, improper storage, unauthorized repackaging, combination with other substances, alteration, contamination after delivery, or use inconsistent with product documentation or applicable law.

7. Prices, Taxes, and Payment

Prices are those stated in the applicable quotation or order confirmation. Prices may be corrected before order acceptance if affected by a typographical, clerical, supplier, freight, or calculation error.

Payment terms will be stated in the quotation, invoice, or order confirmation. Unless OpenFormula approves credit terms in writing, payment may be required before sourcing, production, packaging, or shipment begins.

You agree to provide complete and accurate billing, payment, tax-exemption, and account information. You are responsible for all applicable sales, use, excise, import, export, value-added, and similar taxes and charges, except taxes imposed on OpenFormula’s net income.

Overdue balances may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law. You are responsible for reasonable collection expenses, including attorneys’ fees, incurred in collecting overdue amounts.

8. Cancellations, Returns, and Refunds

All purchases are final, subject to our Return and Refund Policy.

Cancellation requests must be made before an order has been processed, sourced, manufactured, packaged, or shipped. A cancellation is not effective unless approved by OpenFormula in writing.

Custom, special-order, private-label, made-to-specification, repackaged, or supplier-committed products cannot be canceled after written order confirmation unless OpenFormula agrees otherwise in writing.

Due to product-integrity, safety, regulatory, storage, and contamination concerns, products may not be returned without prior written authorization from OpenFormula.

9. Shipping, Delivery, Title, and Risk of Loss

Shipping methods, estimated delivery dates, freight charges, and delivery terms will be stated in the applicable quotation or order confirmation when available.

All delivery dates are estimates unless expressly guaranteed in writing. OpenFormula is not responsible for delays caused by suppliers, manufacturers, carriers, customs authorities, weather, labor disruptions, shortages, governmental action, hazardous-material restrictions, or circumstances beyond our reasonable control.

Unless the applicable quotation or order confirmation states otherwise, risk of loss passes to you when the product is delivered to the carrier. Title passes only after OpenFormula receives full payment.

You are responsible for ensuring that the delivery location can legally and safely receive, unload, handle, and store the ordered products. Additional charges resulting from failed delivery, redelivery, detention, storage, special equipment, limited access, or incorrect delivery information are your responsibility.

10. Inspection and Claims

You must inspect each shipment promptly upon delivery.

Claims involving visible shipping damage, shortages, incorrect products, or material nonconformity must be submitted to quotes@openformulachem.com within five business days after delivery. Claims should include the applicable quote or order number, product information, lot or batch information when available, a detailed explanation, and photographs of the product and packaging.

Do not use, transfer, repackage, alter, dispose of, or return disputed products without written instructions from OpenFormula. Failure to preserve the product and packaging or provide reasonable supporting information may prevent us from properly evaluating the claim.

If OpenFormula confirms a valid claim, our responsibility may, at our discretion, be limited to replacement, correction, a full or partial refund, or another reasonable resolution.

11. Safety Data and Documentation

Safety Data Sheets, Certificates of Analysis, technical data sheets, and similar documentation may originate from manufacturers or other third parties. OpenFormula may provide this documentation as a convenience but does not independently guarantee third-party data unless expressly stated in writing.

You remain responsible for obtaining and reviewing all documentation necessary for your intended use and regulatory obligations.

12. Intellectual Property

The Services and their contents—including the OpenFormula name and logo, website design, text, graphics, images, search tools, product organization, and original content—are owned by or licensed to OpenFormula and are protected by applicable intellectual-property laws.

You may use the Services only for legitimate internal business and purchasing purposes. You may not reproduce, republish, distribute, scrape, systematically extract, modify, reverse engineer, commercially exploit, or create derivative works from the Services without our prior written permission.

Third-party product names, trademarks, and other intellectual property remain the property of their respective owners. Their appearance on the website does not imply affiliation, sponsorship, or endorsement.

13. Prohibited Uses

You may not use the Services:

  • For any unlawful, fraudulent, deceptive, or malicious purpose;

  • To violate any applicable law, regulation, sanction, export control, or third-party right;

  • To submit false, misleading, or unauthorized quote or order information;

  • To interfere with the security, integrity, availability, or operation of the Services;

  • To introduce viruses, malware, or harmful code;

  • To impersonate another person or organization;

  • To collect personal or proprietary information without authorization;

  • To scrape, crawl, copy, or systematically extract website content without written permission; or

  • To circumvent access controls, usage restrictions, security systems, or robot-exclusion measures.

We may restrict or terminate access to the Services if we reasonably believe these Terms have been violated.

14. Third-Party Services and Links

The Services may contain links to, integrations with, or content supplied by third parties. OpenFormula does not control and is not responsible for third-party websites, services, content, policies, or practices.

Your use of third-party services is governed by the terms and policies of the applicable third party.

15. Shopify

OpenFormula’s website is powered by Shopify, which enables us to provide the Services. Transactions made with OpenFormula are directly between you and OpenFormula.

Shopify is not responsible for any aspect of a quotation, purchase, product, shipment, or transaction between you and OpenFormula, including any resulting injury, damage, or loss. To the fullest extent permitted by law, you release Shopify and its affiliates from claims arising from or relating to transactions with OpenFormula.

16. Privacy

Our collection and use of personal information are governed by our Privacy Policy.

Because the Services are hosted by Shopify, information submitted through the Services may also be collected and processed by Shopify and other service providers assisting with website hosting, communications, analytics, security, quotations, fulfillment, and related operations.

17. Feedback

If you submit ideas, suggestions, reviews, feedback, or other content to OpenFormula, you grant us a nonexclusive, perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display that content for our business purposes.

You represent that you have the right to provide the content and that it does not violate any law or third-party right.

18. Errors and Corrections

The Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, specifications, availability, pricing, shipping, transit times, or other information.

OpenFormula may correct errors, update information, revise quotations, or cancel affected orders at any time, including after a quote request or purchase order has been submitted. If we cancel an order after receiving payment, we will refund the amount collected for the canceled portion.

19. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND.

EXCEPT FOR WARRANTIES EXPRESSLY PROVIDED BY OPENFORMULA IN WRITING, OPENFORMULA DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

OPENFORMULA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, COMPLETE, ACCURATE, OR ERROR-FREE, OR THAT ANY PRODUCT WILL BE SUITABLE FOR A CUSTOMER’S PARTICULAR FORMULATION, PROCESS, APPLICATION, OR END USE.

Nothing in these Terms excludes a warranty or right that cannot legally be excluded.

20. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, OPENFORMULA AND ITS OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST PRODUCTION, BUSINESS INTERRUPTION, LOSS OF DATA, RECALL COSTS, OR REPLACEMENT COSTS, ARISING FROM OR RELATING TO THE SERVICES OR ANY PRODUCT.

TO THE FULLEST EXTENT PERMITTED BY LAW, OPENFORMULA’S TOTAL LIABILITY ARISING FROM OR RELATING TO A PRODUCT OR TRANSACTION WILL NOT EXCEED THE AMOUNT ACTUALLY PAID TO OPENFORMULA FOR THE PRODUCT GIVING RISE TO THE CLAIM.

These limitations apply regardless of the legal theory asserted and even if OpenFormula was advised that damages were possible. They do not apply where liability cannot legally be limited.

21. Indemnification

You agree to defend, indemnify, and hold harmless OpenFormula, Shopify, and their respective owners, officers, employees, affiliates, agents, contractors, suppliers, service providers, and licensors from third-party claims, liabilities, damages, judgments, losses, and reasonable attorneys’ fees arising from or relating to:

  • Your violation of these Terms;

  • Your violation of applicable law or a third party’s rights;

  • Your handling, storage, transportation, formulation, repackaging, labeling, resale, disposal, or use of a product;

  • Your specifications, instructions, representations, or intended use; or

  • Any modification, contamination, misuse, or unauthorized application of a product after delivery.

22. Force Majeure

OpenFormula will not be liable for delay or nonperformance caused by circumstances beyond its reasonable control, including natural disasters, severe weather, fire, flood, epidemic, pandemic, war, terrorism, civil unrest, labor disputes, supplier failures, raw-material shortages, transportation disruptions, port congestion, cyberattacks, utility failures, governmental actions, sanctions, embargoes, regulatory changes, or hazardous-material restrictions.

23. Termination

OpenFormula may suspend or terminate access to the Services at any time if we reasonably believe you have violated these Terms, created legal or safety risk, engaged in fraudulent conduct, or misused the Services.

Termination does not affect rights, payment obligations, or liabilities that arose before termination. Provisions that by their nature should survive termination will remain effective.

24. Governing Law and Venue

These Terms and any transaction with OpenFormula are governed by the laws of the State of Florida, without regard to conflict-of-law principles.

To the extent permitted by law, any legal proceeding arising from these Terms or a transaction with OpenFormula must be brought in a state or federal court located in Florida, and each party consents to the jurisdiction of those courts.

25. Severability

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the fullest extent permitted by law or severed to the minimum extent necessary. The remaining provisions will remain in effect.

26. Waiver and Entire Agreement

A failure by OpenFormula to enforce any provision of these Terms does not waive that provision or any other right.

These Terms, together with the applicable quotation, order confirmation, invoice, specifications, and policies referenced herein, constitute the agreement between you and OpenFormula concerning the Services and applicable transaction, unless the parties enter into a separate written agreement.

27. Assignment

You may not assign or transfer your rights or obligations under these Terms without OpenFormula’s prior written consent. OpenFormula may assign its rights and obligations in connection with a merger, acquisition, financing, reorganization, sale of assets, or transfer of business operations.

28. Changes to These Terms

We may update these Terms by posting a revised version on this page. Changes apply from the stated effective date and will not retroactively alter an accepted order unless required by law or agreed in writing.

Your continued use of the Services after revised Terms become effective constitutes acceptance of the revised Terms.

29. Contact Information

Questions regarding these Terms may be directed to:

OpenFormula
Email: cs@openformulachem.com
Phone: (561) 291-8758

30. OpenFormula SMS Terms and Conditions

Effective October 19, 2026.

Program and messages. Open Formula Chem LLC, doing business as OpenFormula, offers text messaging for requested product information, quote follow-ups, order confirmations, shipping and delivery updates, and customer support.

Opt-in and consent. You may opt in by giving express verbal consent during a call with an OpenFormula representative after receiving the SMS disclosures. We record your consent and the scope of the messages you agree to receive. Our website is not used to collect SMS opt-ins. If you text us first, we may respond to that specific inquiry; initiating a conversation does not enroll you in ongoing promotional messages. Providing a phone number alone does not constitute consent to ongoing texts. Consent is optional and is not a condition of purchase.

Frequency and charges. Message frequency varies based on your requests and activity. Message and data rates may apply.

Opt out. Reply STOP to any message to cancel text messages. You may receive one confirmation of your opt-out, after which no further messages will be sent unless you opt in again.

Help and support. Reply HELP for assistance, call 561-473-0710, or email cs@openformulachem.com.

Privacy. Please review our Privacy Policy for information about how we handle personal information, mobile numbers, and SMS opt-in data.

Mobile carriers are not liable for delayed or undelivered messages.