These terms and conditions shall apply to and govern all sales, purchases and contracts between us the Seller (“The Seller”) and you the buyer (“The Buyer”). These terms & conditions shall apply as the complete and exclusive terms of each tendered transaction with no variation in any documents from the Buyer including but not exhaustively any letter, receipt acknowledgement, or other form shall be effective unless expressly agreed in writing by the Seller. Unless previously agreed in writing, all orders placed with PackageWarehouse.com prior to us offering credit will only be accepted on a pro-forma basis or online credit/debit card transaction. If the Seller processes an order that is placed on the website previous to Seller extending credit, Buyer is still liable for payment of invoices within the standard net terms expressed in the terms and conditions herein. By opting to submit your credit application through electronic mail, you acknowledge that you have read, understood and agree with our standard terms and conditions which are legally binding and apply to all sales and purchases submitted and executed electronically on the website.
ALL BUYERS WHO EXECUTE A PURCHASE ON THE WEBSITE WILL BE RESPONSIBLE FOR THE AMOUNT TENDERED IN THE SHOPPING CART, REGARDLESS IF A PURCHASE ORDER NUMBER IS ENTERED OR A CREDIT CARD IS USED TO FINALIZE THE TRANSACTION. BY SUBMITTING THE ORDER THE BUYER/PURCHASER BECOMES BOUND TO THE TERMS AND CONDITIONS HEREIN, AND BECOMES SOLELY RESPONSIBLE FOR THE TRANSACTION EXECUTED IN THEIR NAME OR THE NAME OF THEIR COMPANY.
PRICING
All prices for the goods are in US dollars at the applicable rate on the date of dispatch. The prices reflected on the website are for products stocked in our distribution warehouse in Elgin, IL. . All prices listed on website are FOB our dock and do not include freight or other charges related to shipping. The Seller reserves the right to offer adjusted pricing based on the inquiry and geographical location and zip code of potential buyer and customer. In some instances the shipping calculation (freight costs) for specific products may be higher or lower than what is reflected in the shopping cart. Seller reserves the right to adjust shipping charges based on actual costs of shipping charged to seller from all regional carriers and shippers including UPS, FEDX, and over the road LTL transport. If the Buyer places an order via the Sellers web site the Seller reserves the right to adjust pricing according to fluctuations in shipping rates and price fluctuations in paper and raw materials. Prices are subject to change due to fuel rate increases, material costs and other factors out of the control of the Seller. The Seller reserves the right to adjust prices at any time without prior notice. The Seller reserves the right to increase the quoted price on custom made items not featured and included for sale on the web site, if a price increase should occur to the Seller between the date of order and dispatch of actual shipping date. Should expedited delivery be agreed and require overtime or other additional costs these additional costs can be charged. Work carried out at the Buyer’s request whether experimentally or otherwise will be subject to an additional charge. Additional charges may be made to cover extra work involved where copy supplied is not clear or legible.
QUOTES/ESTIMATES
Quotes and estimates given by the Seller shall be deemed to be withdrawn unless the Seller receives notice of The Buyers acceptance via email or in writing within 15 days from quotation date. All prices for custom orders, design or print related orders are quoted subject to sign-off of final artwork approval and production lead-times. In the case of work being cancelled by the Buyer, the Seller will be entitled to payment for work already carried out, materials ordered and other additional costs involved, including all allocated and scheduled production hours which have been dedicated to the order or project.
DELIVERY/PAYMENT
In the absence of the express written agreement of the Seller to the contrary, all orders placed with PackageWarehouse.com prior to us offering credit facilities will be accepted on a pro-forma basis only, unless previously agreed in writing. The Buyer will be primarily liable for all sums due to the Seller in respect of any order placed irrespective of whether or not such Buyer is acting as principal or agent. If the Buyer fails to take delivery at the time specified in the contract the Seller shall be entitled without prejudice to any other rights to invoice the goods whereupon payment in full shall become due immediately. Should work be suspended or delayed through any default of the Buyer, the Seller shall be entitled to payment for work already carried out. For goods which are contracted for delivery in stages, late delivery shall not entitle the Buyer to reject any additional orders subject to prior staged deliveries under the same contract.
Without prejudice to the generality of the forgoing the Seller shall not be liable for late delivery or failure to deliver through any cause which is beyond the reasonable control of the Seller. If the Buyer has a credit account with the Seller, payments shall be made net 10 days. The Buyer will make full payment to the Seller within the 10 days of delivery date. If payment is not made on the due date the Seller, without prejudice to its other rights hereunder shall be entitled to charge, in addition to any monies due hereunder, interest on the overdue outstanding amount at the rate of 18% APR or a $25 late fee (whichever the greater) if the outstanding receivable goes beyond 45 days and has not been agreed to in writing previously. The APR or 18% will continue from the date the monies first became due until the outstanding amount is paid. For orders over $1000, PackageWarehouse.com reserves the right to request a 50% non-refundable payment at the time the order is placed. Every endeavor will be made to deliver the exact quantities ordered, but it will be a term of contract that margins of 10 per cent for overages or shortages shall be charged or deducted on custom orders and products according to industry standards.
METHODS of PAYMENT
Tender for payments on Sellers website allows for the use of major credit cards, including Visa, Mastercard, Discover and American Express. Seller reserves the right to charge a surcharge of 2.75% on credit card purchases if deemed necessary.
PRODUCT LIABILITY
PackageWarehouse.com or its parent company will not be held liable for any indirect or consequential loss, lack of performance and or damage of goods or products which are purchased from this website. The buyer assumes all liability when selecting and purchasing converted corrugated boxes with various liner grades and medium/flute grades which are deemed standard in the industry when shipping their products or merchandise. It is the buyers sole responsibility to understand the different grades and standards of packaging when placing orders on the website. The buyer of the corrugated boxes ultimately determines if the engineering and liner grades of the corrugated cartons, boxes and or containers they chose to purchase meet the performance standards, testing standards and weight limitations suited for shipping their specific products and merchandise. Any claims or sustained damage to products or merchandise shipped and sold by PackageWarehouse.com will be the responsibility of the buyer. The buyer is responsible for inspecting purchased goods at time of delivery from the carrier or courier. If goods are accepted in a damaged state this must be noted at time of delivery with the driver. PackageWarehouse.com must be notified within a 14 day period of any damage to goods purchased. PackageWarehouse.com makes no guarantees as to outcome of claims submitted to shipping companies. PackageWarehouse.com will lead the claims process with the shipping/delivery company. Most claims require 30 days processing until the outcome and decision of a claim is confirmed from the shipping and or delivery company.
FORCE MAJEURE
PackageWarehouse.com shall not be liable for failure to perform the Contract whether wholly or in part if the failure is caused wholly or partly by any circumstance or circumstances outside the control of the PackageWarehouse.com. This includes any act of God, war, strike, lockout or other industrial dispute, fire, flood drought, legislation or other cause beyond the Sellers control.
PURCHASES
This website is intended primarily for domestic shipments and purchases within the United States of America. Transactions consummated on the website from purchasers outside the USA may be subject to surcharges of 3% to 5% of total amount captured on their credit cards if PackageWarehouse.com cannot fulfill the order based on shipping amount discrepancies and other complications that may occur with orders placed on the site outside of the USA. Interchange fees associated with international credit card purchases are higher than interchange fees for domestic credit card purchases.