https://www.avient.com/sites/default/files/2023-08/Avient General Purchase Conditions.pdf
Goods” are the products, including, but not limited to, raw materials, liquids, equipment, design, software, leased goods, stored goods, and all related documentation to be supplied as specified in the Purchase Order.
Termination and suspension 18.1 Avient is entitled to suspend the performance of its obligations in whole or in part or terminate the Agreement with immediate effect, without prejudice to its right to claim damages and without any compensation to or indemnification of Supplier (i) in case Supplier has been declared bankrupt, is in a state of liquidation, has ceased or suspended whole or substantial part of its business, is subject of a court order or preventative legal scheme of settlement (ii) in case of non-compliance with clause 12 including but not limited to, the Avient Supplier Code of Conduct, import, export or chemical control regulations, anti-bribery laws, privacy laws or the provisions of safety, health, environment and security (iii) in case of not approved changes in accordance with clause 10; (iv) failure to make timely progress, nonperformance, or breach by Supplier of the Agreement; and (v) for convenience by written notice to the Supplier in which latter case Avient and Supplier shall negotiate reasonable termination charges limited to Supplier’s direct costs of materials and labor incurred to the date Avient Terms and Conditions of Purchase for Goods and/or Services of termination.
https://www.avient.com/sites/default/files/2024-03/Terms and Conditions of Sale for Luxembourg.pdf
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) calendar 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/PolyOne%2520IR%2520Presentation%2520-%2520RW%2520Baird%2520Global%2520Industrial%2520Conference.pdf
The New PolyOne: A Specialty Growth Company 17POLYONE CORPORATION Segment Highlights 18POLYONE CORPORATION 1.7% 4.6% 5.1% 5.5% 7.2% 8.1% 9.7% 12.2% 14.7% 16.7% 16.0% 20%+ 16.4% 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 YTD 2017 2020 Operating Income % of Sales 2016 Revenue: $0.8 Billion Key End Markets (% of revenue) United States 45% Europe 33% Asia 15% Latin America 5% Canada 2% Platinum Vision At a Glance Color, Additives & Inks Packaging (30%) Industrial (15%) Wire & Cable (10%) Textiles (9%) Transportation (9%) 19POLYONE CORPORATION 1.1% 1.3% 3.4% 5.1% 9.6% 8.0% 8.6% 9.3% 12.1% 14.7% 14.3% 20%+ 13.1% 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 YTD 2017 2020 Operating Income % of Sales Platinum Vision At a Glance Specialty Engineered Materials 2016 Revenue: $0.6 Billion United States 51% Europe 27% Asia 20% Canada 2% Key End Markets (% of revenue) Consumer (19%) Transportation (19%) Electrical & Electronics (15%) Wire & Cable (15%) Healthcare (11%) 20POLYONE CORPORATION 5.5% 6.9% 3.8% 3.6% 5.5% 4.3% 6.3% 7.2% 7.7% 8.3% 12-14% 11.4% 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 YTD 2017 2020 Operating Income % of Sales 11.1% At a Glance Performance Products & Solutions 2016 Revenue: $0.7 Billion United States 78% Canada 16% Latin America 4% Asia 2% Platinum Vision Key End Markets (% of revenue) Building & Construction (30%) Transportation (18%) Wire & Cable (16%) Industrial (16%) 21POLYONE CORPORATION 4% 36% 2006 2016 At a Glance Distribution 2016 Revenue: $1.1 Billion Key Suppliers ROIC Transportation 24% Healthcare 22% Industrial 18% Consumer 15% Appliance 6% E & E 5% B & C 4% Packaging 4% W & C 2% 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% 6.6% 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 YTD 2017 2020 Operating Income % of Sales *After-Tax ROIC http://www.polyone.com/Pages/VariationRoot.aspx http://www.polyone.com/Pages/VariationRoot.aspx 22POLYONE CORPORATION Target End Markets & Application Examples 23POLYONE CORPORATION Target End Markets… Healthcare Thermally Conductive Technologies Chemical Resistant Technologies Polymer Colorants Elastomeric Grips and Handles Structural Composites Antimicrobial Technologies Anti-Counterfeiting Technologies 24POLYONE CORPORATION Under-hood Components Target End Markets… Automotive Interior Structural Components Sound & Vibration Management Roof Systems Air Management Electronics and Cameras Lighting Fluid Handling Interior Trim Exterior Trim Braces & Brackets Fasteners Seals & Flaps 25POLYONE CORPORATION Target End Markets… Packaging Oxygen Scavenger Technologies Laser Marking Additives Antistatic Technologies UV Light Barrier Technologies Cap & Closure Colorants Process Optimization Technologies Antioxident Technologies Density Modified Technologies 26POLYONE CORPORATION Target End Markets… Consumer Thermally Conductive Components Polymer Colorants Elastomeric Grips and Handles Structural Composite Components 27POLYONE CORPORATION 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 Luxury Packaging GravitechTM Density Modified Polymers 28POLYONE CORPORATION Optimize Color Usage OnColorTM Super Concentrates Eliminate costs by increasing pigment density Enhance color performance without altering form and formulation Increasing design capabilities by reducing weight and layer thickness 29POLYONE CORPORATION Combat Bacteria Formation WithStandTM Antimicrobial Technology Inhibit microbial growth on polymer surfaces Enhance value or products and devices Highly versatile concentrate with the ability to be incorporated into a wide variety of products 30POLYONE CORPORATION Medical Device Housings 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 31POLYONE CORPORATION 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 32POLYONE CORPORATION 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 33POLYONE CORPORATION 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 Fiber Colorants 34POLYONE CORPORATION Smart Home Devices ResilienceTM 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 from continuing operations attributable to PolyOne common shareholders, adjusted earnings per share (EPS) attributable to PolyOne common shareholders and adjusted earnings before interest, taxes, depreciation and amortization (EBITDA) 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/POL%2520Gabelli%2520IR%2520Presentation%2520w%2520Non-GAAP%252003%252020%25202014.pdf
• Factors that could cause actual results to differ materially from those implied by these forward-looking statements include, but are not limited to: The final amount of charges resulting from the planned North American asset realignment and the Company’s ability to realize anticipated savings and operational benefits from the asset realignment; Our ability to achieve the strategic and other objectives relating to the acquisition of Spartech Corporation, including any expected synergies; Our ability to successfully integrate Spartech and achieve the expected results of the acquisition, including, without limitation, the acquisition being accretive; 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 in the markets 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, employee productivity goals, and an inability to raise or sustain prices for products or services; An inability to raise or sustain prices for products or services; An inability to maintain appropriate relations with unions and employees; The inability to achieve expected results from our acquisition activities; 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.
https://www.avient.com/sites/default/files/resources/PolyOne%2520IR%2520Presentation%2520-%2520Gabelli%2520%2526%2520Co%2520Specialty%2520Chemicals%2520Conference.pdf
The New PolyOne: A Specialty Growth Company Segment Highlights 16POLYONE CORPORATION 1.7% 4.6% 5.1% 5.5% 7.2% 8.1% 9.7% 12.2% 14.7% 16.7% 16.0% 20%+ 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2020 2017 Revenue: $0.9 Billion Key End Markets (% of revenue) United States 46% Europe 31% Asia 15% Latin America 4% South America 2% Canada 2% Platinum Vision Packaging (27%) Industrial (14%) Wire & Cable (10%) Textiles (12%) Transportation (8%) 15.5% Operating Income % of Sales Color, Additives & Inks At a Glance 17POLYONE CORPORATION 1.1% 1.3% 3.4% 5.1% 9.6% 8.0% 8.6% 9.3% 12.1% 14.7% 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2020 Platinum Vision United States 48% Europe 28% Asia 22% Canada 2% Consumer (20%) Transportation (19%) Electrical & Electronics (15%) Wire & Cable (13%) Healthcare (11%) 12.5% 20%+ Key End Markets (% of revenue) 2017 Revenue: $0.6 Billion Operating Income % of Sales 14.3% Specialty Engineered Materials At a Glance 18POLYONE CORPORATION 5.5% 6.9% 3.8% 3.6% 5.5% 4.3% 6.3% 7.2% 7.7% 8.3% 12-14% 10.7% 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2020 11.1% United States 77% Canada 16% Latin America 5% Asia 2% Platinum Vision Building & Construction (30%) Transportation (16%) Wire & Cable (15%) Industrial (18%) Key End Markets (% of revenue) 2017 Revenue: $0.7 Billion Operating Income % of Sales Performance Products & Solutions At a Glance 19POLYONE CORPORATION Transportation 23% Healthcare 22% Industrial 18% Consumer 15% Appliance 7% E & E 6% B & C 4% Packaging 3% W & C 2% 4% 38% 2006 2017 ROIC* 2.6% 3.0% 3.5% 4.6% 5.6% 6.4% 5.9% 6.1% 6.6% 6.5 - 7.5%6.3% 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2020 *After-Tax ROIC 6.4% 2017 Revenue: $1.2 Billion Key Suppliers Operating Income % of Sales 4.0% Platinum Vision Distribution At a Glance http://www.polyone.com/Pages/VariationRoot.aspx http://www.polyone.com/Pages/VariationRoot.aspx Target End Markets & Application Examples 21POLYONE CORPORATION Thermally Conductive Technologies Chemical Resistant Technologies Polymer Colorants Elastomeric Grips and Handles Structural Composites Antimicrobial Technologies Anti-Counterfeiting Technologies Target End Markets… Healthcare Catheter Technologies 22POLYONE CORPORATION Under-hood Components Target End Markets… Automotive Interior Structural Components Sound & Vibration Management Roof Systems Air Management Electronics and Cameras Lighting Exterior / Interior Trim Braces & Brackets Fasteners Seals & Flaps 23POLYONE CORPORATION Target End Markets… Consumer Thermally Conductive Components Polymer Colorants Elastomeric Grips and Handles Structural Composite Components 24POLYONE CORPORATION Oxygen Scavenger Technologies Laser Marking Additives Antistatic Technologies UV Light Barrier Technologies Cap & Closure Colorants Process Optimization Technologies Antioxidant Technologies Density Modified Technologies Target End Markets… Packaging 25POLYONE CORPORATION 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 Luxury Packaging GravitechTM Density Modified Polymers 26POLYONE CORPORATION Optimize Color Usage OnColorTM Super Concentrates Eliminate costs by increasing pigment density Enhance color performance without altering form and formulation Increasing design capabilities by reducing weight and layer thickness 27POLYONE CORPORATION Combat Bacteria Formation WithStandTM Antimicrobial Technology Inhibit microbial growth on polymer surfaces Enhance value or products and devices Highly versatile concentrate with the ability to be incorporated into a wide variety of products 28POLYONE CORPORATION Medical Device Housings 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 29POLYONE CORPORATION 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 30POLYONE CORPORATION 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 31POLYONE CORPORATION 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 Fiber Colorants 32POLYONE CORPORATION Smart Home Devices ResilienceTM 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 from continuing operations attributable to PolyOne common shareholders, adjusted earnings per share (EPS) attributable to PolyOne common shareholders and adjusted earnings before interest, taxes, depreciation and amortization (EBITDA) 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/2024-12/Terms and Conditions of Sale for Czech Republic.pdf
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/2020-10/2020-gravi-tech-design-guide-.pdf
Semi-crystalline material will not have time to form many crystals and thus be clearer.
https://www.avient.com/sites/default/files/2024-03/Terms and Conditions of Sale for Slovakia.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 podstatnú časť alebo ak kupujúci zrealizuje akékoľvek postúpenie v prospech svojich veriteľov, alebo (iv) v prípade nedodržania akéhokoľvek zákona, nariadenia, predpisu, zákonníka alebo normy (ďalej len „zákony a normy“) zo strany kupujúceho, potom bez toho, aby tým boli dotknuté ostatné jeho práva, je predávajúci oprávnený v písomnej podobe od kupujúceho: (a) požadovať vrátenie a znovunadobudnutie akýchkoľvek dodaných výrobkov, ktoré neboli uhradené, pričom všetky náklady súvisiace so znovunadobudnutím výrobkov bude znášať kupujúci, a/alebo (b) prerušiť svoje plnenie alebo zrušiť svoje potvrdenie objednávky v súvislosti s nevykonanou dodávkou výrobkov, kým kupujúci za výrobky najprv nezaplatí alebo neposkytne predávajúcemu primerané ubezpečenie o takejto platbe za výrobky.
https://www.avient.com/sites/default/files/2024-03/Terms and Conditions of Sale for the United Arab Emirates.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.
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/2024-09/Terms and Conditions of Sale for Poland.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.
i) Jeśli Kupujący nie wywiązuje się ze swoich zobowiązań wobec Sprzedającego i odpowiednio nie zapewnieni o ich wykonaniu przed datą planowanej dostawy; lub (ii) jeśli 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 unable to pay its debts as they mature, or goes into liquidation or if a trustee or receiver or administrator is appointed for all or a substantial part of the assets of Buyer; or (iv) in case of non-compliance of Buyer with any applicable law, statute ordinance, regulation, code or standard (“Laws and Standards”), 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.