(T&C) TERMS AND CONDITIONS

 

ACCEPTANCE:

Any order for the purchase of products from Label King (Seller) shall be subject only to the terms and conditions set forth herein or on the face of Seller’s invoice, quote, or acknowledgment forms, as applicable, or by mutual written agreement of the parties hereto. The terms and provisions hereof take precedence over any additional terms and provisions of Buyer. None of these terms and conditions may be modified or otherwise altered except by a written instrument signed by an officer of Seller. SELLER HEREBY OBJECTS TO ANY TERMS AND CONDITIONS THAT MAY BE CONTAINED IN ANY FORM ISSUED BY BUYER AND NOTIFIES BUYER THAT THEY ARE HEREBY EXPRESSLY REJECTED IN THEIR ENTIRETY. SELLERS ACT OF DELIVERING GOODS TO BUYER SHALL NOT BE DEEMED AN ACCEPTANCE OF SUCH TERMS OR CONDITIONS.

 

QUOTATIONS:

Any quotation issued by Seller shall expire sixty (60) days after the printed date of the quote and may be reinstated only by written confirmation by seller. Seller reserves the right to correct clerical errors. Seller’s products are subject to continuous improvement. To achieve this goal, Seller reserves the right to change features, processes, materials, testing and other specifications as necessary.

 

PRICES:

Prices are F.O.B. Seller’s Location, San Diego, California, and risk of loss passes to Buyer upon the earlier of delivery or placement with a carrier. Seller retains title of all goods until full payment in good funds is received by Seller.

 

TERMS:

Terms of payment, unless otherwise expressly agreed upon in writing, are as set forth on the face hereof or as set forth on the face of Seller’s invoice, quote, or acknowledgment forms, as applicable. All payments shall be made in U.S. currency. Payments shall not prejudice claims on account of omissions or shortages in shipment, but no such claim will be allowed unless made within 96 hours after receipt for the applicable amount by Buyer. Payment terms are defined in the customer account. Should Buyer not pay any amount when due, a finance charge of 1.5% per month shall be charged. Should such charge be deemed unenforceable or contrary to law, the finance charge shall be the maximum permitted by law. A fee of $25 shall be assessed for all dishonored checks.

 

INSPECTION OF GOODS; ACCEPTANCE:

Buyer’s receipt and possession of the goods constitutes its acknowledgment that it has accepted the goods, unless Buyer notified Seller to the contrary, in writing, within four (4) business days of receipt of the goods. Buyer’s use of the goods constitutes a full and complete acceptance of the goods. Buyer has an obligation to ascertain the conformance of the goods prior to installation. Therefore, Seller will not accept return of, nor issue credit for, any incorrect goods which bears the appearance of having been installed, totally or in part.

 

RETURN POLICY:

Products are custom assembled and therefore are not returnable except for non-conformance. Non-conforming product returns will not be accepted without an RMA# (Returned Material Authorization number) prior to Seller receiving any returned goods.

 

FINANCE CHARGE:

Should Buyer not pay any amount when due, a finance charge of 1.5% per month shall be charged. A fee of $25 shall be assessed for all dishonored checks.

 

DELIVERY:

Shipping dates are approximate only. Seller is not responsible for delays in or failure to complete the production, shipment or delivery of Buyer’s order caused by any event beyond Seller’s control including, without limitation, acts of God, fire, inclement weather, labor disputes, changes in order specifications, failure of shipping facilities or Buyer’s acts or omissions.

 

CANCELLATION:

Orders are not subject to cancellation or modification, in whole or in part, after Seller’s acceptance, except with Seller’s express written consent, and upon payment of a cancellation charge which will cover all costs incurred by Seller to time of cancellation. If Buyer cancels the order without Seller’s acceptance, the Buyer agrees to pay all costs incurred by Seller.

 

COLLECTION:

If Buyer fails to make payment in full when due, Buyer shall be responsible for all collection costs incurred by Seller including attorneys’ fees and court costs.

 

AFFIRMATIVE ACTION:

Buyer understands and acknowledges that Seller is not required by law to maintain an affirmative action program (AAP), does not maintain an AAP and is not required to implement an AAP as a term of this transaction.

 

SEVERABILITY:

If any portion of these “Terms and Conditions of Sale” are deemed to be unlawful, unenforceable or unconstitutional the remaining terms and conditions shall be unaffected and shall remain in full force and effect.

These terms and conditions, together with Seller’s quote, invoice and acknowledgment, as applicable, contain the entire understanding of the parties with regard to the subject matter contained herein or therein, and supersede all prior agreements or understandings between or among any of the parties hereof, whether written or oral.

 

GOVERNING LAW:

These terms and conditions shall be deemed entered in San Diego County, California, and shall be governed and construed in accordance with the laws of the State of California. Any action arising out of these Terms shall be instituted only in a California court or in the Southern District of the United States District Court.

 

WARRANTY:

The goods sold by Seller under these Terms of Sale are warranted to be free from defects in workmanship and materials. If a defect is found upon Buyer inspection, they are to notify Seller of defect. The Seller shall investigate and replace any defective goods; provided, however, that such warranty shall not apply to any goods that have been tampered with, dismantled, misused, or used beyond any stated specifications or useful life, neglected, improperly applied, handled or used, altered or damaged.

IT IS EXPRESSLY AGREED THAT THIS WARRANTY WILL BE IN LIEU OF ALL WARRANTIES OF FITNESS AND IN LIEU OF THE WARRANTY OF MERCHANTABILITY. Buyer affirms that Buyer has not relied on Seller’s skill or judgment to select or furnish goods for any purpose.

NO REPRESENTATIONS OF FITNESS FOR ANY PARTICULAR PURPOSE SHALL BE IMPLIED FROM SPECIFICATIONS, IF ANY, SET FORTH HEREIN, OR BY THE NATURE OF THE GOODS. NO AGENT, EMPLOYEE, OR REPRESENTATIVE OF SELLER HAS ANY AUTHORITY TO BIND SELLER TO ANY AFFIRMATION, REPRESENTATION, OR WARRANTY CONCERNING THE GOODS SOLD BY SELLER EXCEPT AS IDENTIFIED ON THE FACE OF SELLER’S QUOTATION, ACKNOWLEDGMENT, AND/OR INVOICE, AS APPLICABLE.

 

LIMITATION OF LIABILITY:

Buyer’s remedies in the event Seller breaches the foregoing warranty shall be limited to repair or replacement of the defective goods or refund of the purchase price, at Seller’s option.

IN NO EVENT SHALL BUYER BE ENTITLED TO RECOVER INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOST PROFITS OR LOST WAGES, WHETHER OR NOT SELLER KNEW SUCH DAMAGES MIGHT BE INCURRED. In no event shall Seller be liable for any sum greater than the purchase price.

 

DISCLAIMER:

Our products may contain certain chemicals that may react adversely to an application surface. The buyer is urged to test and investigate the compatibility of any application surface used with our products prior to actual use. Seller will not be responsible for the failure of Buyer to thoroughly test and investigate the compatibility of the substances used with our products and the fitness of the products for its particular use or application.

 

 

 

Purchase Order (T&C) Terms and Conditions

ACCEPTANCE OF PURCHASE ORDER:

All purchase orders issued by Label King are subject to acceptance by the supplier in right of the acceptance of this purchase order. Acceptance can be through written confirmation, commencement of work, or delivery of goods and services.

 

DELIVERY:

The Supplier shall deliver the ordered products to the specified delivery location on or before the agreed-upon delivery date as per the purchase order.

The Supplier is responsible for all shipping costs, including packaging, insurance, and any applicable taxes or duties.

INSPECTION AND ACCEPTANCE:

All goods and services delivered by the Supplier shall be subject to inspection by Label King.

Label King reserves the right to reject any products or services that do not meet the agreed specifications or quality standards.

Rejected items shall be returned to the Supplier at the Supplier’s expense for replacement or refund.

PRICE AND PAYMENT:

The price for products or services shall be as specified in the purchase order.

Payment terms shall be Net 30 days from the date of receipt of a correct and complete invoice.

Late payment may incur interest charges as specified by applicable laws.

WARRANTIES:

The Supplier warrants that all products and services provided shall:

Conform to the specifications and quality standards outlined in the purchase order.

Be free from defects in material and workmanship.

Any applicable warranties or guarantees shall extend for a minimum of one year from the date of delivery.

 

INTELLECTUAL PROPERTY:

The Supplier agrees that any intellectual property created, developed, or used in the provision of goods and services under this purchase order shall be the property of Label King.

 

LIABILITY:

Neither party shall be liable for any consequential, indirect, incidental, or special damages arising out of or in connection with this purchase order.

 

CONFIDENTIALITY:

Both parties shall keep all information exchanged during the course of this transaction confidential and shall not disclose it to third parties without prior written consent, except as required by law.

 

GOVERNING LAW:

This purchase order shall be governed by and construed in accordance with the laws of San Diego County and the State of California.

 

AMENDMENTS:

Any changes or amendments to this purchase order must be made in writing and signed by authorized representatives of both Label King and the Supplier.

 

ENTIRE AGREEMENT:

This purchase order, along with any attachments, constitutes the entire agreement between the parties and supersedes all prior agreements, understandings, or representations.

 

TERMINATION:

Either party may terminate this purchase order with written notice if the other party breaches any material term or condition and does not remedy the breach within 30 Days. By accepting this purchase order, the Supplier agrees to abide by these terms and conditions.