Terms and CondtionsElizabeth
Please Consult your SOA for current terms and conditions of sale.
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 Pouchworth 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 Pouchworth.
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 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 Pouchworth’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 or modification of orders will not be accepted by Pouchworth with respect to products already manufactured or in the process of manufacture, and Buyer shall reimburse Pouchworth for all costs incurred by Pouchworth 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. Pouchworth 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 Pouchworth constitutes unquestionable acceptance of products and the Buyer waives all claims in respect to said products.
WARRANTY INFORMATION Pouchworth warrants that the products supplied will have been manufactured in accordance with industry standard specifications and tolerances. In addition, Pouchworth 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. Pouchworth 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 Pouchworth and excluded from this agreement. Pouchworth does not warranty the suitability of materials or bag configuration for any specific application.
SUSPENSION OF PERFORMANCE Pouchworth reserves the right at any time to suspend credit or change credit terms, when in Pouchworth’s opinion Buyer’s financial condition warrants. We will give prior notice of any change in credit terms. Pouchworth 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 Pouchworth.
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 Pouchworth. Any matter affecting the relationship between the Pouchworth and Buyer not addressed by these terms and conditions shall be governed by the Universal Commercial Code in effect in California.