IMPAK TERMS AND CONDITIONS OF SALE

TERMS:  
Balance in full before shipment. Net 30 days upon Credit approval. Late payment will be charged interest at 1.5% per month (18% per annum). All costs of collections, including legal fees shall be paid by the Customer.

CONTINGENCIES: 
Impak Enterprises, Inc. (hereafter “Seller”) shall not be responsible for delay in delivery due to manufacturing delays, shipping problems, strikes, fire, flooding or other casualty or any causes whatsoever beyond its control.

PRICES:  
Prices charged are to be those in existence at time of delivery. Prices are subject to change without notice.

TITLE:   
All goods are shipped FOB: Plant.

TAXES:  
Customer agrees to pay all sales, excise, property and other similar taxes relating to the Purchase Order.

JURSIDICTION, GOVERNING LAW & SEVERABILITY:  
All parties agree that this Agreement and the transactions herein contemplated shall be interpreted, construed, and enforced under and according to the laws of the State of New York. All parties hereby agree to jurisdiction in the State of New York, United State of America. 

WARRANTY/ RETURNS:  
All defective products must be reported within a period of 7 business days after receipt of goods. This warranty applies only to the original Customer. No Credit will be given to any requests made after 7 business days, nor will any returns be accepted.

CREDITS: Credits issued for returns are available for one year (365 days) from date of credit memo. Credit must be used within this time frame or will expire after 365 days.

OVER RUNS AND UNDER RUNS: 
In Accepting orders, we reserve the right to a 10% over shipment or a 10% under shipment for any order.

STOCKING POLICY: Impak will not hold any product In-Stock or order any product without a Purchase Order from customer.

CANCELLATION AND REDUCTION OF ORDER:  
In the event an order is reduced or cancelled, the Customer is liable for one or more of the following:

a) Whatever merchandise has been produced. 
b) All materials (at cost) Purchased solely and specifically for the order prior to the cancellation or
      reduction, i.e. Materials, colorant, tooling, etc. 
c) A minimum cancellation charge of 15% of the total order sales value to cover administrative and production costs.   

WARRANTY:

The seller shall not be liable to the buyer or to any other person for any loss or damage of any kind or character, arising in any manner whatsoever, directly or indirectly, from the use or handling of the materials sold to the buyer hereunder, including the use of such materials in combination with other substances.

The seller of the materials covered hereby makes no warranty of any kind, express or implied, except that such materials meet seller’s or manufacturer’s published specifications and quality standards, and the buyer assumes all risk and liability whatsoever resulting from the use of such materials whether used singly or in combination with other substances or components. The materials covered hereby shall be examined and tested upon receipt thereof. Before such materials are used and within seven (7) calendar days from receipt of shipment the buyer shall notify the seller in writing of any claim on account of quantity, quality, loss of a damage to said materials or otherwise. Failure to so notify the seller shall constitute a waiver by the buyer of all claims with respect to such materials, and in any event the use of such materials shall be deemed the mean satisfactory performance on the part of the seller. No claim of any kind shall be greater in amount than the purchase price of the materials covered hereby with respect to which any damages are claimed.

Title of goods passes to the buyer after pick up at Plant of Manufacturer. If you experience a shortage from common carriers or your own trucking fleet, please contact carrier direct for a settlement. Do not deduct shortage from invoice as local carriers will not accept claims from manufacturer.

CLOSURES DISCLAIMER:  
1. Impak Enterprises, Inc does not warrant the caps supplied under this order or these samples to be  “Childproof”. Tests conducted by independent testing laboratories have designated caps to be “significantly difficult” for children under five years of age to open in accordance with government “Testing Procedures for Special Packaging”.

2. Selection and evaluation of liner material is customer’s responsibility. Impak Enterprises, Inc assumes no responsibility for liner compatibility with product or container. Customer is responsible for evaluating and testing liner before ordering.

3. Any use of these closures on substances containing caustic(s) or acid shall void any and all warranties of merchantability or fitness express or implied and all other obligations or liabilities of Impak Enterprises, Inc. Any user for such purpose assumes all risks of and shall hold Impak Enterprises, Inc harmless against any claims arising from such use.

4. Customer assumes responsibility for evaluating and testing closure samples and blueprints to insure they perform satisfactory with all their components and products before ordering.

CONTAINERS DISCLAIMER: 
Customer assumes responsibility for evaluating and testing container samples and blueprints to insure they perform satisfactory with all their components and products before ordering.

DECORATING DISCLAIMER:  Decorating services include Silk Screening, Pad Printing, Hot Stamping, Labeling, Metalizing on Closures, Frosting and Etching on Glass. All services have a 2-8% scrap rate. If you are sending us product you must take this into account and calculate for testing and rejects. If Impak is supplying the products to be decorated, customer is responsible for the total number of componants before decoration at componant cost and total number of pieces decorated at decorating cost.

WEBSITE DISCLAIMER: All images, text, and information on this website are the sole property of Impak Enterprises, Inc. None of which may be used with written permission from Impak.

JURISDICTION AND VENUE: You agree that any legal action brought against Impak Enterprises, Inc. shall be interpreted, construed and governed by or in accordance to the laws of the State of New York, USA without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or products purchased from Impak Enterprises, Inc. shall be an appropriate federal or state court located in New York City, NY, USA.