BANK DETAILS

Bank details will not change during the course of a transaction. Should you receive any notification which advises a change in our Company bank account details, please contact Amen Packaging via a phone call to speak with Accounts Receivable staff. 

The Company will not accept financial responsibility  for incorrect financial account transfers.

TERMS AND CONDITIONS OF SALE

Amen Packaging, Inc.

Wholesale Packaging Products — Bottles, Cans, Tins, Buckets, Industrial Containers & Printing

Effective Date: March 23, 2026

 

In these Terms and Conditions, the following definitions apply:

 

"Seller"	Amen Packaging, Inc., its subsidiaries, affiliates, and authorized agents.
"Buyer"	Any registered wholesale customer, reseller, manufacturer, or business entity placing an order with the Seller.
"Goods"	All packaging products supplied by the Seller, including but not limited to bottles (glass and plastic), cans (aluminum, steel, tin-plate), tins, pails, buckets, drums, and associated closures, lids, and accessories.
"Order"	A binding purchase order submitted by the Buyer and accepted in writing by the Seller.
"Contract"	The agreement is formed upon the Seller's written acceptance of an Order, incorporating these Terms.
"Minimum Order Quantity"	The minimum unit or pallet quantity required per SKU as listed in the current Seller price schedule.
"Lead Time"	The estimated period from Order confirmation to goods being ready for dispatch from the Seller's warehouse.

 

2.1 Placing Orders

All orders must be submitted in writing via the Buyer's official purchase order, the Seller's online ordering portal, or via confirmed email to the Seller's dedicated sales team. Verbal orders are not binding unless subsequently confirmed in writing.

2.2 Order Confirmation

An Order shall be deemed accepted upon the Seller's confirmation. The Seller reserves the right to decline any Order at its sole discretion without liability, including in instances of stock unavailability, credit concerns, or export restrictions.

2.3 Order Amendments

Amendments to confirmed Orders must be submitted in writing no later than 72 hours after Order Acknowledgement. Amendments requested after this window are subject to the Seller's discretion and may incur administrative or restocking charges. Orders for custom, or printed packaging cannot be amended once production has commenced.

2.4 Minimum Order Quantities (MOQ)

All products are subject to Minimum Order Quantities. Orders below MOQ thresholds may be accepted at the Seller's discretion but will attract a small order surcharge as notified at the time of ordering.

2.5 Special and Custom Orders

Orders for goods manufactured, printed, or otherwise customized to the Buyer's specifications are non-cancellable and non-refundable once production has commenced. The Buyer bears full responsibility for the accuracy of specifications, artwork, and samples submitted. The Seller accepts no liability for errors arising from inaccurate instructions.

 

3.1 Price Validity

All quoted prices are valid for 30 days from the date of issue unless otherwise stated in writing. The Seller reserves the right to adjust prices at any time due to material cost fluctuations, currency changes, or supply chain disruptions, up to the time of delivery.

3.2 Price Inclusions and Exclusions

Unless expressly stated otherwise in writing, all prices are:

•        Exclusive of VAT, GST, sales tax, or equivalent taxes, which will be charged at the applicable rate.

•        Exclusive of freight, shipping, insurance, customs duties, and import/export charges.

•        Exclusive of packaging surcharges for non-standard pallet configurations or special handling requirements.

•        Inclusive of standard product packaging only (corrugated cases, inner cartons, or bulk sacks as applicable).

3.3 Surcharges

The following surcharges may apply and will be itemized on the invoice: fuel surcharge, hazardous materials handling fee, pallet exchange deposit, urgent order processing fee, and small order surcharge for orders below published MOQ.

3.4 Currency

All prices are quoted and invoiced in US Dollars.  The Buyer is responsible for any bank charges, foreign exchange losses, or conversion costs associated with cross-border payments.

 

4.1 Standard Payment Terms

Unless a credit account has been approved in writing by the Seller's credit department, all Orders must be paid in full prior to dispatch (pro-forma). Approved credit account holders are subject to the payment terms stated on their Credit Account Agreement, typically Net 30 days from invoice date.

4.2 Invoicing

Invoices will be issued on or after the date of dispatch. Electronic invoices may be sent or e-mailed to the Buyer's nominated billing email address. It is the Buyer's responsibility to ensure contact details are kept current.

4.3 Late Payment

Without prejudice to any other right or remedy, the Seller reserves the right to charge interest on overdue amounts at the rate of 1.5% per month (or the maximum rate permitted by applicable law, if lower), calculated on a daily basis from the due date until the date of actual payment. The Seller may also suspend further Orders or credit facilities for any Buyer with overdue accounts.

Customer agrees to pay all court costs and reasonable attorney fees for collection of all past due receivable amounts owed, plus interest thereon at 18% (eighteen percent) per annum on all such amounts outstanding. Returned checks will be subject to a $35.00 service fee and 20% cost of collection.

4.4 Disputed Invoices

Any invoice query must be raised in writing within 7 days of the invoice date. Failure to raise a query within this period shall be deemed acceptance of the invoice. Disputed portions must be identified specifically; the undisputed balance remains due and payable on the original due date.

4.5 Retention of Title

Title to all Goods shall remain vested in the Seller until payment in full has been received for all amounts owed by the Buyer. Until title passes, the Buyer holds the Goods as bailee for the Seller and must keep them separately identifiable. In the event of non-payment, the Seller reserves the right to retake possession of the Goods without notice.

4.6 Set-Off

The Buyer shall not be entitled to withhold payment or exercise any right of set-off against any amount invoiced by the Seller without prior written agreement from the Seller.

 

5.1 Delivery Terms

Unless otherwise agreed in writing, all deliveries are made FOB point of shipment or from the Seller's nominated warehouse. Risk of loss or damage passes to the Buyer upon handover to the carrier. The Buyer is responsible for freight, insurance, customs clearance, and any applicable duties or taxes.

5.2 Lead Times

Estimated lead times are provided as a guide only and are not guaranteed and subject to change. The Seller shall not be liable for any losses arising from delivery delays. Lead times commence from the date of Order Acknowledgement and, for credit account holders, from the date of credit approval.

5.3 Partial Deliveries

The Seller may deliver Goods in installments. Each installment constitutes a separate Contract and shall be invoiced and paid for accordingly. Any delay or defect in an installment shall not entitle the Buyer to cancel the balance of the Order.

5.4 Delivery Address

The Buyer must provide a complete, accurate, and accessible delivery address. Any additional costs incurred due to incorrect address information, inaccessible delivery locations, or failed delivery attempts shall be borne solely by the Buyer.

5.5 Inspection on Delivery

The Buyer must inspect all Goods upon delivery and sign the carrier's delivery note accordingly. Any visible damage, shortage, or discrepancy must be:

•        Noted on the delivery documentation at the time of delivery.

•        Reported to the Seller in writing within 48 hours of delivery.

•        Supported by photographic evidence and a written statement from the receiving party.

Failure to comply with these requirements may limit or void the Buyer's right to make a claim for delivery-related damages or shortages.

 

6.1 Specification Accuracy

Product descriptions, dimensions, weights, material grades, and capacities provided in catalogues, data sheets, and online listings are given in good faith and are believed to be accurate. However, the Seller reserves the right to make minor modifications to specifications without notice where such changes do not materially affect product performance or suitability.

6.2 Tolerances

All Goods are manufactured to industry-standard dimensional tolerances. The following are deemed acceptable and do not constitute defects:

•        Dimensional variations of up to ±10% on stated capacity, height, diameter, or wall thickness.

•        Minor cosmetic variations including surface marks, seam lines, and minor colour batch variance.

•        Weight variations may occur.

6.3 Material Compliance

It is the sole responsibility of the Buyer to verify that the Goods are suitable for their intended application, including compatibility with specific contents, compliance with destination country regulations, and suitability for food contact or hazardous material use.

6.4 Food-Grade and Regulated Applications

Goods described as food-grade are manufactured from materials compliant with applicable food contact regulations at the time of manufacture. The Seller provides documentation upon request. The Buyer must independently verify suitability for specific food, pharmaceutical, cosmetic, or hazardous content applications. The Seller accepts no liability for contamination or regulatory non-compliance arising from the Buyer's use of Goods.

 

7.1 Defective Goods

Goods found to be defective at the time of delivery (latent or patent defects) must be reported to the Seller in writing within 30 days of the delivery date. Claims must include: the Order number, invoice number, product SKU, quantity affected, a clear written description of the defect, and photographic or video evidence.

7.2 Return Authorization

No Goods may be returned without a written Return Merchandise Authorization (RMA) issued by the Seller. Unauthorized returns will be refused at the Buyer's cost. Approved returns must be securely packaged, shipped at the Buyer's cost (unless the defect is confirmed by the Seller), and received by the Seller within 21 days of RMA issuance.

7.3 Non-Returnable Items

The following categories of Goods are non-returnable and non-refundable unless confirmed defective by the Seller:

•        Custom, printed, or bespoke packaging items manufactured to Buyer specifications.

•        Goods that have been filled, used, altered, opened in original packaging, or processed in any way by the Buyer.

•        Goods returned more than 30 days after delivery.

•        Goods damaged or contaminated after delivery due to Buyer's handling or storage.

•        Clearance or end-of-line stock sold at discounted prices.

7.4 Remedies

Subject to these Terms, the Seller's liability for defective or non-conforming Goods is limited, at the Seller's sole election, to: (a) repair or replacement of the defective Goods; (b) issue of a credit note for the invoice value of the defective Goods; or (c) a refund of the purchase price paid. These remedies are the Buyer's exclusive remedies in respect of defective Goods.

7.5 Restocking Charges

Returns of non-defective Goods accepted at the Seller's discretion will be subject to a restocking charge of 25% of the invoice value or the manufacturer’s restocking fee, depending on product category and condition, plus any outbound and returning inbound freight charges.

 

8.1 Seller's Warranties

The Seller warrants that, at the time of delivery, the Goods will: (a) conform materially to the product specification; (b) be free from material defects in materials and workmanship under normal use and storage conditions; and (c) have been manufactured using industry-standard processes. This warranty is valid for a period of 30 days from the date of delivery.

8.2 Exclusions of Warranty

The Seller gives no other warranty, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, or freedom from infringement. In particular, the Seller makes no representation or warranty regarding:

•        The suitability of Goods for any specific application, product, or content without prior written confirmation.

•        Regulatory compliance in jurisdictions outside the Seller's country of operation.

•        Shelf-life or performance of Goods stored outside recommended conditions.

•        Compatibility of Goods with any filling, capping, labelling, or processing equipment.

8.3 Limitation of Liability

To the maximum extent permitted by law, the Seller's total aggregate liability to the Buyer — whether arising in contract, tort (including negligence), breach of statutory duty, or otherwise — shall not exceed the total invoice value of the specific Order giving rise to the claim. The Seller shall not be liable for any indirect, special, consequential, or economic loss, including but not limited to loss of profit, loss of production, reputational damage, or recall costs.

8.4 Indemnification

The Buyer shall indemnify and hold harmless the Seller from and against all claims, losses, damages, costs, and expenses arising from: (a) the Buyer's misuse or improper handling of the Goods; (b) the Buyer's non-compliance with applicable laws or regulations; or (c) claims by third parties relating to the Buyer's products or use of the Goods.

 

Neither party shall be liable for any failure or delay in performance of its obligations under these Terms where such failure or delay arises from causes beyond its reasonable control, including but not limited to: acts of God, natural disaster, pandemic, war, terrorism, civil unrest, government action, industrial disputes, fire, flood, energy shortages, port congestion, shipping disruptions, or raw material shortages (collectively, Force Majeure Events).

The affected party must notify the other in writing as soon as reasonably practicable, specifying the nature and expected duration of the Force Majeure Event. If a Force Majeure Event continues for more than 60 days, either party may terminate the affected Order(s) without penalty by giving 14 days' written notice. The Seller shall have no liability for price increases, alternative sourcing costs, or consequential losses arising from a Force Majeure Event.

 

All intellectual property rights in the Seller's product designs, branding, tooling, molds, artwork, catalogues, and technical data remain the exclusive property of the Seller or its licensors. The Buyer is granted a limited, non-exclusive, non-transferable license to use the Seller's product images and descriptions solely for the purpose of reselling the Goods in the ordinary course of business.

Where the Buyer provides artwork, designs, or specifications for custom Goods, the Buyer warrants that it owns or has the necessary licenses to use such intellectual property and indemnifies the Seller against any third-party infringement claims. Tooling and molds manufactured by the Seller to the Buyer's specification shall remain the Seller's property unless a written agreement to the contrary has been executed.

 

Each party agrees to keep confidential all non-public information disclosed by the other party in connection with these Terms or any Order, including pricing, technical specifications, customer data, and business strategies. This obligation survives termination of the commercial relationship for a period of 3 years. Neither party shall disclose the other's confidential information to third parties without prior written consent, except as required by law or regulation.

 

12.1 Export Controls

The Buyer is responsible for ensuring that the purchase, import, export, re-export, or use of any Goods complies with all applicable export control laws and trade sanctions. The Buyer shall not sell or distribute Goods to embargoed countries or sanctioned entities.

12.2 Environmental Regulations

The Buyer is solely responsible for compliance with all applicable environmental, extended producer responsibility (EPR), and packaging waste regulations in the territories where the Goods are sold or used. The Seller will provide available product material data sheets and recycling information upon request.

12.3 Product Safety

The Buyer must ensure that Goods are used in accordance with the Seller's technical guidelines and relevant safety standards. The Buyer is responsible for obtaining any additional certifications, approvals, or regulatory clearances required for the Goods' intended use in their jurisdiction.

 

The Seller may, without prejudice to any accrued rights, immediately suspend supply or terminate any Order or credit account by written notice if: (a) the Buyer fails to pay any amount when due; (b) the Buyer is subject to insolvency, administration, receivership, or winding-up proceedings; (c) the Buyer materially breaches these Terms; (d) the Buyer engages in fraudulent conduct; or (e) the Seller determines in its reasonable opinion that the Buyer's creditworthiness has materially deteriorated.

Upon termination, all outstanding invoices become immediately due and payable. Goods in transit or in production for the Buyer's account shall remain the Seller's property until full payment is received.

 

14.1 Good Faith Negotiations

In the event of any dispute, the parties shall first attempt to resolve the matter through good faith negotiations at senior management level within 30 days of written notice of the dispute.

14.2 Mediation

If the dispute is not resolved through negotiation within the prescribed period, either party may refer the dispute to mediation before a mutually agreed mediator. The costs of mediation shall be shared equally.

14.3 Jurisdiction and Governing Law

These Terms and any Contract formed hereunder shall be governed by and construed in accordance with the laws of the jurisdiction in the State of Colorado, USA. The parties irrevocably submit to the exclusive jurisdiction of the courts of that jurisdiction for the resolution of all disputes not otherwise resolved by negotiation or mediation.

 

15.1 Entire Agreement

These Terms, together with any Order Acknowledgement, Credit Account Agreement, and any written special conditions agreed between the parties, constitute the entire agreement between the Seller and the Buyer in relation to the Goods and supersede all prior representations, negotiations, and understandings.

15.2 Amendments

The Seller reserves the right to amend these Terms at any time. Continued placement of Orders after the effective date of any amendment constitutes the Buyer's acceptance of the revised Terms.

15.3 Waiver

No failure or delay by either party in exercising any right or remedy shall operate as a waiver of that right or remedy. A waiver of any breach shall not be construed as a waiver of any subsequent breach.

15.4 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

15.5 Assignment

The Buyer may not assign, transfer, or subcontract any of its rights or obligations under these Terms without the prior written consent of the Seller. The Seller may assign its rights and obligations to any group company or successor without restriction.

15.6 Notices

All notices under these Terms must be in writing and delivered by email (with read receipt), registered post, or courier to the parties' registered or principal business addresses. Notices sent by email are deemed received on the next business day unless a delivery failure notification is received.

15.7 No Third-Party Rights

These Terms confer no rights on any third party. Only the Seller and the Buyer shall have rights under or in connection with these Terms.

 

 

Amen Packaging, Inc.  |  Wholesale Packaging Products

info@amenpackaging.com  |  www.amenpackaging.com