Terms and Conditions
AMEN PACKAGING INC. TERMS AND CONDITIONS
Orders will be processed between 24-48 hours Monday- Friday. Orders will be shipped via UPS, FED EX, TRUCK LINE, OR IN STORE PICK UP.
Refund, Returns and Cancellation Policies: Refunds accepted with Return authorizations for 30 days and are subject to a 20% restocking fee.
THE GOODS AND SERVICES COVERED BY THIS INVOICE ARE BEING SOLD ONLY IN ACCORDANCE WITH THE TERMS AND CONDITIONS CONTAINED HERIN, BY ACCEPTING DELIVERY OF THE GOODS OR SERVICES COVERED HEREBY, CUSTOMER WAIVES ALL TERMS AND CONDITIONS CONTAINED IN CUSTOMERES PRINTED PURCHASE ORDER OR OTHER FORMS WHICH ARE INCONSISTENT WITH THOSE CONTAINED HEREIN OR ON THE FACE HERE OF AND ALL SUCH INCONSISTENT TERMS AND CONDITIONS CONTAINED IN BUYERS PRINTED FORM OR FORMS WILL BE NULL AND VOID AND OF NO EFFECT.
1) PRICE. Shipping allowances and prices are subject to change without notice. Increase in labor, freight and material costs before completion of contract plus applicable overhead may be invoiced to buyer. Premium time in excess of 40 hours per week as required by buyer will be invoiced as an extra item.
- DELIVERY. Unless otherwise specified the face hereof, all deliveries are FOB point of shipment. Shipment will be made in accordance with instructions issued by seller’s traffic department. Upon delivery of goods covered hereunder to carrier, buyer assumes risk of all loss and damage resulting from any cause whatsoever. Shipping dates are approximate and are not guaranteed. Seller reserves the right to ship and invoice for a quantity of goods, which may vary up to ten percent over or under the quantity specified and buyer agrees to accept delivery and pay for such revised quantity and consider the shipment to be complete. Any defect in quality or delays in delivery shall not affect the balance hereof. Partial deliveries shall be accepted by the buyer and paid for at contract prices and
- CASUALTY AND AVAILABILITY OF RAW MATERIALS. Seller shall not be liable for delays in delivery or failure to manufacture or delivery due to causes beyond its reasonable control, including but not limited to acts of God, acts of buyer, acts of military or civil authorities, fires, strikes, flood, epidemic, war, riot delays in transportation or car shortages, or inability to obtain necessary labor, materials, components or services through seller’s usual and regular sources at usual and regular prices. In any such event seller may. without notice to buyer, at any time and from time to time, postpone the delivery dates under this contract or make partial delivery or cancel all or any portion of this and any other contract with buyer without further liability to buyer. Cancellation of any part of this order shall not affect seller’s right to payment for any product delivered
- WARRANTY. Unless otherwise specified on the face hereof, seller warrants to buyer that the Goods are free from defects in materials and workmanship for a period of thirty (30) days from the date of shipment. If it appears within thirty (30) days from the date of shipment that any goods do not meet the warranty specified above, and buyer notifies seller promptly, seller shall thereupon correct any such defect by repairing any defective goods, or at sellers option, by making available at seller’s plant repaired or replacement goods, provided, however, that buyer shall pay all transportation charges. Seller will make no allowance for repairs or alterations to the goods made by buyer, unless made with the advance written consent of seller. Materials furnished by suppliers to seller are warranted by seller only to the extent of the original manufacturer’s express warranty to seller. THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER WRITTEN, ORAL OR IMPLIED, INCLUDING ANY WARRANTY OR PERFORMANCE, MERCHANTABILITY OR FITNESS FOR PURPOSE. The foregoing shall constitute the sole and exclusive remedy of buyer and the full liability of
- LIMITATION OF SELLER’S LIABILITY AND LIMITATION OF BUYER’S REMEDY. Seller’s liability on any claim of any kind, including negligence for any loss or damage arising out of, connected with or resulting from the manufacture, sale, delivery, resale, repair or use of any goods or services covered by or furnished hereunder, shall in no case exceed the lessor of the cost repairing or replacing goods failing to conform to the foregoing warranty or the price of the goods or services or part thereof which gives use
to the claim. IN NO EVENT SHALL SELLER BE LIABEL FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR DAMAGES IN THE NATURE OF PENALTIES.
- LIMITATION OF TIME FOR COMMENCENT OF ACTION BY SELLER. Any action for breach hereof or the negligence must be commenced by buyer within one year after buyer’s cause of action has
- INDEMNIFICATION. Buyer agrees to defend and indemnify seller of and from any and all claims or liabilities asserted against seller in connection with the manufacture, sale, delivery, resale or repair or use of any goods covered by or furnished hereunder arising in whole or in part out of or by reason of the failure of buyer, its agents, servants, employees or customers to follow instructions, warnings or recommendations furnished by seller in connection with such goods, by reason including the Occupational Safety and Health Act of 1970, or by reason of the negligence of buyer, its agents, servants, employees or
- COMPLIANCE WITH LAW. Seller certifies that the goods supplied hereunder were or will be produced in compliance with the Fair Labor Standards Act, as amended and the regulations and orders of the United States Department of Labor issued
- CANCELLATION. Buyer may cancel only upon written notice to seller and upon payment to seller of reasonable and proper cancellation charges, including but not limited to (1) the proportionate price for all goods completed whether shipped or not prior to seller’s receipt of notice of cancellation; (2) all costs there to fore incurred by seller in connection with goods uncompleted at the time notice of cancellation is received; (3) an amount equal to reasonable profits on all such costs; and (4) the expenses incurred by seller by reason of such cancellation, including reimbursement for any charges arising from termination of sub-contract
- TAXES. Liability for all taxes and import or export duties, imposed by any city, state, federal or other governmental authority, shall be assumed and paid by buyer. Buyer further agrees to defend and indemnify seller against any and all liabilities for such taxes or duties and legal fees or costs incurred by seller in connection
- ASSISTANCE AND ADVICE. Upon request, seller, in its discretion will furnish as an accommodation to buyer such technical advice or assistance as is available in reference to the goods. Seller assumes no obligation or liability for the advice or assistance given or results obtained, all such advice or assistance being given and accepted at buyer’s Buyer is responsible for product testing and compatibility. Samples provided by request.
- TOOLS AND DRAWINGS. All materials, including by not limited to dies, molds, fixtures, patterns or other items furnished by the buyer shall be fully covered by buyer with fire and extended coverage insurance and seller shall not be liable of manages to or loss of such materials resulting from risks covered by such insurance. Buyer on behalf of itself and its insures hereby releases seller from all liability arising in connection with any loss of or damage to such materials arising out of seller’s negligence or otherwise, if, at any time, a period of one year has elapsed since the receipt of any order from buyer requiring the use of such materials seller my thereafter make any such use or disposition of such materials as seller desires, without any accounting to buyer for such use or disposition, or the proceeds thereof. All specifications, drawings, designs, data, information, ideas, methods, patterns and/or inventions, made, conceived, developed, or acquired by seller, incident to procuring and/or carrying out this contract will vest in and inure to seller’s sole benefit. Buyer agrees not to disclose, give, loan, exhibit or sell to any other person any confidential manual, drawing, photograph, or specification or reproduction thereof furnished by seller except in connection with the resale of the product covered to furnished under this contract.
- ENTIRE AGREEMENT. This agreement constitutes the entire contract between buyer and seller relating to the goods or services identified herein. No modifications hereof shall be binding upon the seller unless in writing and signed by sellers duly authorized representative and no modification shall be affected by seller’s acknowledgement or acceptance of buyer’s purchase order forms containing different provisions. Trade usage shall neither be applicable or relevant to this agreement, nor be used in any manner whatsoever to explain, qualify or supplement any of the provisions hereof. No waiver by either party of default shall be deemed a waiver of any subsequent