ALL ORDERS ARE ACCEPTED BY GO PACKAGING, LLC UNDER THE FOLLOWING TERMS AND CONDITIONS:
This agreement or unfilled portion thereof, is contingent upon strikes, lockouts, accidents, fires, war, government action, embargoes, inability to secure supplies or labor and in the event that performance in whole or in part is prevented or hindered by any cause whatsoever beyond Go Packaging's control, whether or not similar to any of the causes specifically enumerated. Go Packaging shall have the right to cancel orders, or portions thereof, without any liability on its part.
Buyer shall pay Go Packaging all applicable Federal, State or Local taxes now in effect or hereby imposed.
Custom product orders are not subject to cancellation without the expressed written consent of Go Packaging, since it requires Go Packaging to manufacture to Buyer's specifications. No goods will be accepted for return or credit without Go Packaging's written authorization. Authorized returns are subject to a restocking fee of 20%. Items not shipped are back ordered and will be shipped at a later date unless otherwise notified.
For custom items, an over/under run allowance not to exceed 10 percent is to be provided to cover spoilage in manufacture.
All products are shipped F.O.B. Origin and are subject to adjustment for changes in freight rates or carriers between ship date and delivery. Buyer is responsible for any and all assessorial charges including residential delivery, lift-gate service, notification request, customs fees, COD fees and any other charge related to delivery. Risk of loss shall transfer to Buyer upon shipment and Go packaging is not liable for loss or damage during transit .
Go Packaging warrants that goods will be free of defect in workmanship and materials and will conform to the specifications for a period of 60 days from the date of purchase. This warranty does not cover wear and tear, overloading, abuse or misuse by Buyer, its employees or agents, nor in case of any defect due to materials, artwork, drawings or specifications furnished by Buyer. This warranty extends only to the original Buyer from Go Packaging. Buyer shall notify Go Packaging by registered mail within ten days of the receipt of the items of all shortages, defects or claims of any kind. GO PACKAGING MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OR SUITABILITY FOR ANY PARTICILAR PURPOSE. IN ANY EVENT, GO PACKAGING'S TOTAL LIABILITY FOR BREACH OF THIS OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, SHALL BE LIMITED TO THE PURCHASE PRICE THERETOFORE PAID BY BUYER. GO PACKAGING SHALL IN NO EVENT BE LIABLE FOR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS.
Credit terms are Due on Receipt unless specifically authorized in writing by Go Packaging. Accounts are subject to interest of 1-1/2% per month (18% per year), or the maximum amount allowed by law, on past-due balances. Go Packaging shall be entitled to fair and reasonable attorney's and collection agency's fees associated with collection of past-due balances.
This is the complete agreement of the parties, and no representation, warranties, agreements or modifications have been made or will be binding on Go Packaging except insofar as the as consented to by Go Packaging in writing.
If any legal action is necessary to enforce the terms of this agreement the prevailing party shall be entitled to reasonable attorney's fees in addition to the costs and necessary disbursements. |