ADVANCE PACKAGING TECHNOLOGIES

TERMS & CONDITIONS

  1. The Purchaser assumes all risk, responsibility and liability for any and all loss, damage or injury resulting from the handling or use of the Seller’s products covered by this order. Purchaser understands and acknowledges that improper handling or use of the products can result in loss or damage to property and/or injury to persons. Purchaser assumes all risks and liabilities resulting from the use in its manufacturing or other processes of any Seller products, or use of such products in combination with other substances.
  2. Because of the conditions involved in the manufacture of the products of Seller, it is agreed that where an order calls for the merchandise to be produced especially for the Purchaser, that the Seller may deliver and Purchaser will accept up to 20% overrun and pay (pro-rata) additional consideration therefore.
  3. Seller shall not be liable for any damages or losses whatsoever allegedly resulting from any delay or failure of shipment or delivery of the goods covered hereunder because of acts of God, carrier delays, fire, mechanical failure, strikes, war or other emergencies, whether national or state, or due to other causes beyond Seller’s control, or due to changes made at Purchaser’s request.
  4. Purchaser must make all claims for shortages and/or other discrepancies to Seller in writing within five (5) days from receipt of goods. No goods may be returned for credit without prior written consent from Seller. Transportation charges for returned goods are payable by the Purchaser as a separate item unless otherwise agreed in writing by Seller.
  5. Payment terms are subject to credit approval. Seller reserves the right to add and Purchaser agrees to pay interest on amounts invoiced and unpaid in accordance with the standard terms of net 30 days from date of invoice. Interest shall be charged at the rate reflected on Seller’s invoice, but not to exceed the highest legally permissible rate of interest in the state where the Purchaser conducts business.
  6. It is agreed by the Purchaser that this agreement, when accepted by the Seller, is not subject to cancellation. This agreement may not be modified except in writing signed by the authorized representative of all parties.
  7. This agreement contains all of the terms and conditions agreed by the parties. In a case of conflict or differences between the terms and conditions of sale set forth herein and the purchase terms of the Purchaser, it is mutually agreed that the Seller’s terms and conditions shall prevail.
  8. The laws of the State of Michigan shall govern this agreement. The parties agree that any claims arising from this agreement shall be litigated, if at all, in Oakland County, Michigan.
  9. Purchaser shall indemnify, defend and hold Seller harmless from all claims of loss or damage to property or injury to persons arising from any handling or use of the products covered by this order.

SELLER MAKES NO WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, INCLUDING SPECIFICALLY AND WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILTIY OR FITNESS FOR A PARTICULAR PURPOSE. ADVANCE PACKAGING TECHNOLOGIES ASSUME NO LIABILITY BEYOND THE VALUE OF THE PRODUCT SUPPLIED BY ADVANCE PACKAGING TECHNOLOGIES.