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Terms and Condtions
Terms and Condtions
Please Consult your SOA for current terms and conditions of sale.
TERMS OF USE OF CarePac
1. BINDING EFFECT. This is a binding agreement. By using the Internet site located at www.carepac.com (the “Site”) or any services provided in connection with the Site (the “Service”), you agree to abide by these Terms of Use, as they may be amended by CarePac LLC (“Company”) from time to time in its sole discretion. Company will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
2. PRIVACY POLICY. Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company’s current privacy policy can be found by clicking here. Company’s privacy policy is expressly incorporated into this Agreement by this reference.
When you are required to open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Company immediately on any unauthorized use of your account, user name, or password. Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
3. USE OF SOFTWARE. Company may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Company, for your personal, noncommercial, home use only. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner.
4. USER CONTENT. You grant Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
5. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
6. INAPPROPRIATE CONTENT. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
7. COPYRIGHT INFRINGEMENT. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s designated agent at:
Paul Slaney Attorney at Law
8. ALLEGED VIOLATIONS. Company reserves the right to terminate your use of the Service and/or the Site. To ensure that Company provides a high quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.
9. NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
10. LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
11. AFFILIATED SITES. Company has no control over, and no liability for any third party websites or materials. Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.
12. PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
13. INDEMNITY. You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
14. COPYRIGHT. All contents of Site or Service are: Copyright © 2021 Company, CarePac LLC All rights reserved.
15. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Los Angeles, USA in all disputes arising out of or related to the use of the Site or Service.
16. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
17. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
18. CALIFORNIA USE ONLY. The Site is controlled and operated by Company from its offices in the State of California. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
19. MODIFICATIONS. Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.
20. ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
Applicability And Suitability
It is the customer’s sole responsibility to determine suitability of this product in their application based upon their own determination. Any information, or opinions provided by CarePac staff members regarding suitability is based on the limited information available to them regarding your application, may be inaccurate, and should not be solely relied upon in making determinations of suitability, and should be used merely a supplement to your own research and testing and in combination with all available information to determine suitability of materials for your specific applications. It is best practice, and we highly recommend, you hire a 3rd party expert familiar with your industry to review applicability. Material specifications are from our film suppliers and not independently verified or warranted for accuracy by CarePac.
Order Quantity Variance
Orders are subject to the over or under runs as described herein. Shipments within these ranges shall constitute the complete fulfillment of the order.
Production Lead Times
Production Lead Times are never guaranteed and as with all manufacturing can vary widely. For non-printed projects lead times begin from the date we receive your payment. For printed projects lead time estimates begin from the date we receive your final, signed, and fully approved master proof or payment, whichever is last.
Manufacturing Specification
To prevent miscommunication and inadvertent errors, the following documents will control the specifications to which your custom manufactured bags will be produced:
A) Non-Printed Products: The Sales Order Acknowledgment will state specifications to which your product(s) will be manufactured.
B) Printed Products: The final approved and accepted Master Art Proof will state the specifications to which your bags will be produced, and you should review it in detail before signing it.
Pricing
CarePac’s prices as per quotation and are subject to applicable taxes. Any changes to specifications after time of quotation may result in changes to pricing. Multi-sku quotes are quoted as all skus ordered together at once at the same purchase quantity, reorder costs may be higher.
Delivery
All shipments are sent “F.O.B. Costa Mesa, California.” Delivery charges are determined once your bags are ready to be shipped.
Cancellation
Cancellation or modification of orders will not be accepted by CarePac with respect to products already manufactured or in the process of manufacture, and Buyer shall reimburse CarePac for all costs incurred by CarePac or its vendors in the preparation for manufacture (i.e. art setup, plates, platens and cut material, etc).
Limitation on Returns, Refunds, or Exchanges
A) Unopened stock product returns are subject to a 15% restocking charge and all transportation costs.
B) Custom manufactured products that are non-defective and conform to manufacturing specifications within industry standards and tolerances are not exchangeable, returnable, or refundable.
C) Custom manufactured that end up not being suitable for your application (i.e. too big, too small, won’t hold weight of product, you don’t like the finish of the material, the approved art contains a typographical error, etc) are not exchangeable, returnable, or refundable.
D) Art setup costs include die-line setup are non-refundable once incurred.
Limited Liability & Claims of Non-Conformity
Having no control over the storage conditions, handling, subsequent transport, loading, or use of our products; under no circumstances are we liable for any loss, damage, or expenses of any kind arising out of the use or inability to use our products. CarePac specifically disclaims any liability for any collateral or consequential damages, and total liability for non-conforming goods is hereby limited to the replacement of the product shipped, upon the condition that notice of claims for defective or non-conforming product, shortage, or non-delivery shall be given in writing within 30 days from delivery date. Failure on the part of the purchaser to give written notice within the 30 day period to the CarePac constitutes unquestionable acceptance of products and the Buyer waives all claims in respect to said products.
Warranty Information
CarePac warrants that the products supplied will have been manufactured in accordance with industry standard specifications and tolerances. In addition, CarePac warrants that it will convey good title to Buyer, free of all liens of any kind whatever and that such products will be of merchantable quality. CarePac makes no other warranty of any kind whatever, express or implied, and all implied warranties of merchantability and fitness for a particular purpose which exceed the aforementioned obligation are hereby disclaimed by CarePac and excluded from this agreement. CarePac does not warranty the suitability of materials or bag configuration for any specific application.
Suspension of Performance
CarePac reserves the right at any time to suspend credit or change credit terms, when in CarePac’s opinion Buyer’s financial condition warrants. We will give prior notice of any change in credit terms. CarePac may withhold all subsequent deliveries upon failure of Buyer to pay invoices when due. Buyer shall be liable for all costs and expenses of collection incurred by CarePac.
Plate Estimates
If applicable, the quotation may change based upon many factors including packaging functionality, application parameters, print positioning, and art requirements. Plate fees are one-time fees unless changes are made on subsequent reorders, one plate per color, per sku, (including varnishes as applicable). Common Plates across same sized skus are possible when the same color is used without any variation on multiple skus. Plate count is only possible to provide after final production artwork is approved. The number of plates required depends upon many factors including art design, color choice (Process vs. PMS colors), and common plate strategies between multiple SKUs.
Controlling Provision
This instrument contains all terms and conditions with respect to the sales and purchase of the products and supersedes any other writing Buyer may have been given or received, and the right of the parties shall be governed exclusively by the terms hereof. For printed products the Master Art Proof will control for manufacturing specifications including art placement and will be incorporated into this document. This instrument shall be governed by, and construed, and enforced in accordance with the laws of the State of California. Any proceeding in connection herewith shall be brought in a court in Orange County in the State of California whose jurisdiction the parties hereto submit. Buyer hereby waives trial by jury in any enforcement action brought by CarePac. Any matter affecting the relationship between the CarePac and Buyer not addressed by these terms and conditions shall be governed by the Universal Commercial Code in effect in California.
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