TERMS AND CONDITIONS OF SALE
By purchasing a product on PressLabel.com, the purchaser agrees to the following terms and conditions.
These terms and conditions apply to all orders and contracts for goods and services to be sold by PressLabel.com. No addition to or modifications of these terms and conditions will be binding on PressLabel.com unless agreed to in writing and signed by an authorized PressLabel.com representative. PressLabel.com objects to other terms and conditions that BUYER may propose that are inconsistent with these or other terms.
Acceptance of a PressLabel.com order, proposal or contract is expressly limited to and conditioned upon these, and no other, terms and conditions except other terms and conditions set forth in PressLabel.com's written specifications, quotation or order acknowledgment. All orders are received subject to acceptance by PressLabel.com.
For in-stock items, PressLabel.com will ship orders within 24-48 hours. Cancellations must be received in writing the same day that the order is placed and before order has shipped. For custom items, cancellations must be received no later than 5 days before the scheduled production date. PressLabel.com may bill the customer for any expenses PressLabel.com incurs before the cancellation. PressLabel.com may at any time, refuse shipment, or cancel an unfilled order when, in its opinion, the status of the BUYER'S account warrants it, or when delivery is delayed by fault of BUYER or BUYER is delinquent in any payment.
All prices are F.O.B. PressLabel.com warehouse, and exclude freight, transportation costs, insurance charges, sales, use, franchise, license, excise and other taxes in respect of manufacture, sale or delivery, and export and import duties, all of which BUYER shall pay.
5. DELIVERY and SHIPMENT
Prices quoted include standard packing according to PressLabel.com specification. Shipping dates are estimated as accurately as conditions will permit and every effort will be made to ship according to schedule. BUYER agrees PressLabel.com shall not be responsible for damages arising out of a failure to deliver products in the time prescribed.
6. TERMS OF PAYMENT
Terms of payment shall not be affected in any way should the products be damaged or destroyed after shipment, whether by fire, the elements, or otherwise.
7. RISK OF LOSS
The risk of loss of goods passes to BUYER when the products are deposited with the carrier for the shipment to BUYER, but title to the products remains with PressLabel.com until the full purchase price has been paid. BUYER agrees to assume all loss resulting from fire, theft, or casualty immediately upon delivery of the products to the carrier, and BUYER agrees to provide and maintain insurance for the full amount of this contract at the BUYER'S expense protecting both PressLabel.com and the BUYER from such loss or damage by fire, theft, or other casualty to the products herein specified, with loss, if any, being payable to both PressLabel.com and the BUYER, as our respective interests may appear.
PressLabel.com warrants that the products manufactured hereunder by PressLabel.com will be free of defects in material and workmanship. BUYER must within 30 days after BUYER receives delivery, notify PressLabel.com of any defects in material or be barred from any remedy. Whether this warranty has been breached shall be determined by an inspection by PressLabel.com that may be made at BUYER'S place of business. The obligation of PressLabel.com and BUYER'S sole and exclusive remedy hereunder shall be limited to furnishing replacement products. Notwithstanding the foregoing warranty and remedy, PressLabel.com shall have no obligation hereunder if the products become defective in whole or in part because of improper use, storage, alteration or application of the products. PressLabel.com shall not be responsible for the correctness, adequacy, or consistency of any information furnished by others, including but not limited to, dimensions or material specifications. EXCEPT AS SET FORTH HEREIN, AND EXCEPT AS TO TITLE, IT IS EXPRESSLY AGREED (a) THAT THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR OTHER WARRANTY, EXPRESS, IMPLIED OR STATUTORY, NOR ANY AFFIRMATION OF FACT, OR PROMISES BY PressLabel.com WITH REFERENCE TO THE PRODUCTS AND (b) THAT THE BUYER ACKNOWLEDGES THAT IT IS PURCHASING THE PRODUCTS SOLELY ON THE BASIS OF THE COMMITMENTS OF PressLabel.com EXPRESSLY SET FORTH HEREIN. NO PERSON IS AUTHORIZED TO CHANGE OR ADD TO ANY OF PressLabel.com's OBLIGATIONS UNDER THIS WARRANTY.
9. PRODUCT PERFORMANCE AND SUITABILITY
All the descriptive information, the typical performance data, and recommendations for the use of PressLabel.com products shall be used only as a guide and do not reflect the specification or specification range for any particular property of the product. Furnishing such information is merely an attempt to assist you after you have indicated your contemplated use and shall in no event constitute a warranty of any kind by PressLabel.com. All purchasers of PressLabel.com products shall be responsible for independently determining the suitability of the material for the purpose for which it is purchased. No distributor, salesman or representative PressLabel.com is authorized to give any warranty, guarantee, or to make any representation in addition or contrary to the above.
10. LIMITATION OF LIABILITY
PressLabel.com SHALL NOT BE LIABLE FOR INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES. THE REMEDIES OF BUYER SET FORTH IN THESE TERMS AND CONDITIONS ARE EXCLUSIVE, AND THE LIABILITY OF PressLabel.com WITH RESPECT TO ANY CONTRACT OR SALE OR ANYTHING DONE IN CONNECTION THEREWITH, WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, EXPRESS OR IMPLIED FOR MERCHANTABILITY OR FITNESS, OR OTHERWISE, SHALL NOT EXCEED THE PRICE OF THE PRODUCTS UPON WHICH SUCH LIABILITY IS BASED. FURTHER, PressLabel.com SHALL NOT BE LIABLE OR RESPONSIBLE FOR LOSSES, OR DELAYS OCCASIONED BY ACCIDENT, STRIKES, OR FIRES AFFECTING PressLabel.com's OPERATIONS, OR THE OPERATIONS OF PressLabel.com's SUPPLIERS, OR ANY OTHER CAUSES BEYOND THE CONTROL PressLabel.com. THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF ANY OTHER CONTRARY PROVISION OF THE AGREEMENT AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, UNDER ANY WARRANTY OR OTHERWISE.
PressLabel.com may make changes in design or material which in its judgment are for improvement of the product and/or its operation and which involve no change in the contract price. No other changes shall be made other than pursuant to written order signed by the BUYER and PressLabel.com setting forth the details of the change. All changes shall be subject to these terms and conditions.
PressLabel.com must authorize all product returns before the BUYER may return the product. PressLabel.com will not issue credit without prior approval. A return authorization number must be listed on the outside of boxes and on the packing slip. PressLabel.com may apply a 20% restocking fee or $50.00, whichever is greater, to all returns, and PressLabel.com may refuse to accept any orders because of incorrect distributor order. No merchandise may be returned after 60 days. PressLabel.com will refuse to accept the return shipment of any product unless BUYER has complied with the foregoing conditions. Products designed to a BUYER'S custom specifications cannot be returned for credit unless there is a quality issue taken up with PressLabel.com Quality Control Department. PressLabel.com may refuse credit on returned goods damaged because of improper packaging by the BUYER.
BUYER may inspect the products upon receipt to determine whether the products shipped conform to the specifications of this contract. Failure to inspect the products or failure to notify PressLabel.com in writing of nonconformance within ten (10) days of receipt of the products constitutes a waiver of BUYER'S rights of inspection and rejection for nonconformity and shall be deemed an irrevocable acceptance of the products by BUYER.