Terms and Conditions ("Terms")
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.portpackaging.com website and/or opting to do business, receiving services, (the "Service", the "Company") operated by Port Packaging Corporation Inc. ("us", "we", or "our"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, consumers and others who access or agree to use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Availability & Pricing: Product listings, specifications, availability, and pricing are subject to change without notice. Orders are not binding upon Port Packaging Corporation until accepted by an authorized representative of the Company. Prices listed and charges discussed herein are in U.S. dollars. Port Packaging Corporation reserves the right to refuse service, terminate accounts or cancel orders in its sole discretion. The Company may also change or modify these Terms and Conditions of Sale from time to time without notice. The current document will be available on request from Port Packaging Corporation. Prices charged will be those prevailing when an order is placed regardless of method of order. The Company's quoted prices may or may not reflect the cost of shipping/freight and Port Packaging Corporation may accordingly pass through the additional charges incurred as a result of Customer's request regarding shipping/freight methods. Prices quoted are valid for 30 days from the date the quote was sent and do not include any Federal, State or local taxes. Where applicable, such taxes shall be billed as a separate item and paid by Customer. Orders are accepted with the understanding that such taxes will be added, as required by law. The Company charges local sales tax unless Customer has a valid sales tax exemption certificate on file with the Company.
Payment Terms: Standard terms for Customers that are registered businesses and meet Port Packaging Corporation's credit criteria are Net 30 days from invoice date, unless otherwise agreed in writing by Port Packaging Corporation. All payments are due within 30 days of the invoice date, without any deductions or setoffs. Port Packaging Corporation shall have the right of set-off and deduction for any sums owed. If Customer fails to pay within payment terms, Port Packaging Corporation may defer shipments until such payment is made and may, at its option, cancel all or any part of unshipped orders. Port Packaging Corporation reserves the right to add a $40.00 service charge on all returned checks. Credits granted by the Company must be used within one year. Credits not taken within one year are subject to cancellation, and Port Packaging Corporation shall have no further liability. Customer shall pay Port Packaging Corporation all costs incurred by it in collecting any past due amount from Customer, including all court costs and attorney's fees, provided, however, if the foregoing charges exceed that rate which may be lawfully charged under applicable law, then such charges shall be calculated so as not to exceed the lawful rate.
Modification: Purchaser understands and agrees that (a) no modification or waiver of these Terms and Conditions shall be effective unless made by an authorized representative of Seller in writing addressed to Purchaser and specifically referring to these Terms and Conditions; (b) no course of action on the part of Seller shall be deemed to modify these Terms and Conditions; and (c) Seller's acknowledgment or acceptance of anything in writing from Purchaser which is in conflict with these Terms and Conditions (including any purchase order forms containing different terms or conditions) and any subsequent delivery of Goods shall not constitute a modification or waiver of these Terms and Conditions.
Open Accounts/Customer's Financial Condition: A Customer that desires to open a credit account must furnish such information as requested by Port Packaging Corporation. The Company reserves the right in its absolute discretion to grant, refuse or discontinue any extensions of credit, or reduce or suspend any credit limit at any time. Company also reserves the right to cancel any order, require payment in advance, or require the Customer to provide adequate assurance of performance, without any liability by Port Packaging Corporation, in the event of the Customer's insolvency, filing of a petition in bankruptcy, the appointment of a receiver or trustee for Customer, or the execution by Customer of an assignment for the benefit of creditors.
Shipping & Handling/Delivery: All U.S. domestic shipments with Port Packaging; the shipping charges upon discretion will be added to the invoice. Should Customer elect to use another carrier, title shall pass upon delivery to the carrier at point of shipment and thereafter all risk of loss or damage shall be upon Customer (without regard to which party pays for the shipping costs). Company and carrier handling charges may apply. Next Day, Just in Time, and Second Day delivery dates provided in advance are estimates only and shall not represent fixed or guaranteed delivery dates.
Force Majeure: Seller's ability to ship the Goods may be affected in case of an act of force majeure, such as an act of God, war, sabotage, accidents, riots, fire, explosion, flood, strike, lockout, injunction, inability to obtain fuel, power, raw materials, labor, containers or transportation facilities, accident, breakage of machinery or apparatus, national defense requirements, or any other cause beyond the control of Seller. Seller shall have no liability for the failure to ship or deliver goods in the event of such force majeure and Seller's obligation to complete the delivery of Goods shall be suspended during such force majeure event and for a reasonable period of time thereafter; provided, however, that these Terms and Conditions shall otherwise remain in effect.
Disclaimer of Warranty; Due Diligence. The Goods are being sold “as is,” and the Seller disclaims all warranties of quality, whether express or implied, including the warranties of merchantability and fitness for particular purpose. It should be known that all products or services sold or made available are provided as is without any guarantees or warranty. Purchaser accepts any products sold by Port Packaging Corporation as is with any/all faults. In association with the product, Port Packaging Corporation makes no warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, of title. Port Packaging will not be liable for any direct, indirect, incidental, consequential, or special damages, including but not limited to, damage, injury, loss of life, loss of property or equipment, loss of profits or revenue, or claims from any individual or entity arising from the use of any Port Packaging Corporation's product or service. Use of the product or service by a user is at the user’s own risk.
Dispute Resolution: Actions by Port Packaging Corporation for non-payment by the Customer of the purchase price of products sold by the Company, or for redress of other breaches by the Customer of these Terms and Conditions of Sale may be brought by the Company, at its option, before any U.S. or foreign judicial court of competent jurisdiction or at the Company's option, disputes between the Company and the Customer, including all claims for nonperformance by the Company, shall be finally settled by arbitration in Pennsylvania, U.S.A. under the Commercial Rules of the American Arbitration Association, by a single arbitrator appointed in accordance with said Commercial Rules applying these Terms and Conditions of Sale and consistent provisions of the federal and state laws (except conflict of law rules) of the State of Pennsylvania, U.S.A.
Links To Other Websites Our Service may contain links to third-party web sites or services that are not owned or controlled by Port Packaging. Port Packaging has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Port Packaging shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you opt to do business with or visit.
Waiver: Port Packaging Corporation's failure to insist on performance of any term or condition contained in this Agreement, or failure to exercise any of the Company's rights hereunder, shall not constitute a waiver of any of Port Packaging Corporation's rights or remedies under this Agreement.
Governing Law: These Terms shall be governed and construed in accordance with the laws of Pennsylvania, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes: We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Contact Us
If you have any questions about these Terms, please contact us.
Last updated: May 18, 2018