- >Terms And Conditions
TERMS AND CONDITIONS OF SALE
1. TERMS AND CONDITIONS: Acceptance of all or part of the goods ordered by Buyer shall constitute acceptance by Buyer to the terms and conditions contained herein. Acceptance of all or part of the goods ordered by Buyer are expressly limited to the foregoing terms and conditions of this document and any attempt to alter, supplement or amend the terms of this document or enter an order for any goods through the use of any other document which contains additional or altered terms shall be null and void unless otherwise agreed to in writing by Yerecic Label.
2. GOVERNING LAW: This transaction shall be governed by the Jaws of the Commonwealth of Pennsylvania.
3. PRICES: Price quotations and prices are subject to change without notice by Yerecic Label or may be withdrawn at any time prior to the confirmation of the Buyer's order. Prices in effect on the date of acceptance by Buyer will apply unless otherwise expressly set forth by Yerecic Label on any document confirming acceptance of Buyer's order.
4. PRODUCT SHIPMENT: Unless otherwise quoted in writing by Yerecic Label, shipment shall be F.O.B. shipping point and Buyer agrees to pay all transportation charges on the material to destination. Yerecic Label shall not be liable for any delay, non-delivery or default in shipment due to any cause beyond its control. If Yerecic Label in its judgment is prevented directly or indirectly on account of any cause beyond its control from delivering any order or any part thereof within a reasonable time, then Yerecic Label may allocate its customers' orders in any fashion which it deems equitable or Yerecic Label may terminate its contract with Buyer up on notice in writing and accompanied by a full or partial refund, whichever is applicable. In the absence of Buyer's specific shipping instructions, Yerecic Label shall use its discretion. Furthermore, title to the goods and risk of loss thereof shall pass to Buyer upon the goods duly delivered to the carrier by Yerecic Label.
5. PAYMENT TERMS: The invoice of Yerecic Label shall contain the payment terms which govern the transaction with the Buyer including, but not limited to, the rights of Yerecic Label upon default by Buyer. However, Yerecic Label reserves the right to change the terms of payment as to any or all parts of any order, at any time after Yerecic Label accepts the order. Buyer will be notified of any such change and shall have the right to cancel the order in writing within ten (10) days. A request to proceed with the order by the buyer subsequent to such notification shall constitute acceptance of changed terms of payment.
6. TAXES: All excise taxes, sales taxes, use taxes, or other charges imposed by federal, state, or local government upon the manufacture, sale, shipment or use of the material shall be paid by Buyer in addition to the purchase price, or in-lieu thereof. Buyer shall furnish Yerecic Label with tax exemption certificates acceptable to any particular taxing authority.
7. CANCELLATION: Orders accepted by Yerecic Label are not subject to cancellation or deferral of delivery by Buyer except with the express consent of Yerecic Label and upon terms which will indemnify Yerecic Label against loss or damage occasioned by such cancellation, including reimbursement for all costs incurred by Yerecic Label to date of cancellation.
8. LIMITATION OF LIABILITY: Yerecic Label does not accept liability beyond the remedies set forth herein including any liability for the material or goods for any reason. Yerecic Label will not be liable for lost profits, loss of business, or other consequential, special, indirect or punitive damages, even if advised of the possibility of such damages, or for any claim by a third party except as expressly provided for herein.
9. WARRANTIES AND DISCLAIMERS: YERECIC LABEL DISCLAIMS ALL WARRANTIES, EXPRESSED, STATUTORY, OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR INFRINGEMENT, AND EXCEPT AS STATED HEREIN, MAKES NO AFFIRMATION OF FACT, REPRESENTATION OR PROMISE WITH RESPECT TO THE MATERIAL.
10. CLAIMS: Buyer shall make prompt inspection and all claims must be in writing to Yerecic Label within (10) days after delivery. Furthermore, Buyer will afford a representative of Yerecic Label a reasonable opportunity to examine and test the material which is the basis of the claim. Upon request, Buyer shall return to Yerecic Label the material, together with such other items as may be reasonably needed in determining the validity of the claim. All material upon which a claim is made must be returned to Yerecic Label in as good condition as when received by the Buyer as a condition for refund or credit. No claim against Yerecic Label shall be made or allowed or credit given for material returned without prior authorization. All returns are subject to adjustment as provided in Paragraph 7 hereof.
11. ADDITIONAL TERMS:
i. EXPERIMENTAL OR PRELIMINARY WORK: Any experimental or preliminary work performed by Yerecic Label at Buyer's request will be charged to the Buyer at the current rate to be provided. Any or all experimental or preliminary work per formed cannot be used by Buyer for any reason without the expressed prior written consent of Yerecic Label.
ii. CREATIVE WORK: Any sketches, artwork, photography, copies, dummies and all other creative work developed or furnished by Yerecic Label are the exclusive property of Yerecic Label and any use of this work or for any derivation of ideas from it must have the prior written approval of Yerecic Label.
iii. PREPARATORY MATERIAL: Any artwork, type, plates, digital art, discs, and all other items supplied by Yerecic Label remain its exclusive property and under no circumstances shall they be used by Buyer without the exclusive prior written consent of Yerecic Label.
iv. OVER RUNS OR UNDER RUNS: Over runs or under runs will not exceed ten (10) percent of the quantity ordered. Yerecic Label will bill for actual quantity delivered within this tolerance. If the Buyer requires a guaranteed quantity, the percentage of tolerance must be stated at the time of quotation.