The sale of products and services (“products”) by iSell Packaging (“Seller”) are subject to these terms and conditions (“agreement”) regardless of other or additional terms or conditions that conflict with or contradict this agreement in any purchase order, confirmation, document, or other communication (“order”). Neither seller’s commencement of performance or delivery shall be deemed or construed as acceptance of buyer’s supplemental or conflicting terms and conditions. iSell Packaging’s failure to object to conflicting or additional terms will not change or add to the terms of this agreement. Buyer’s acceptance of the products and/or services from the seller shall be deemed to constitute acceptance of the terms and conditions contained herein.
1. ORDERS. All Orders are subject to acceptance by iSell Packaging (see acceptance below). Products quoted as “NCNR are non-cancelable, non-returnable (“NCNR”). Customer may not cancel or reschedule orders less than 90 days before the scheduled delivery date without the approval by iSell Packaging. All requests for cancellations MUST be in writing and will be accepted at the discretion of iSell Packaging. Examples of NCNR terms include, but are not be limited to:
Orders which iSell Packaging is manufacturing and configuring custom to your specifications.
You are a high-volume user of a part with otherwise limited usage.
A part is purchased especially for you when there are no other users.
The manufacturer’s lead time on a part extends beyond your firm order commitment window and iSell Packaging must order based on your forecast to meet your delivery requirements.
2. ORDER ACCEPTANCE AND ACKNOWLEDGEMENT. A purchase made via the on-line store is considered to be automatically accepted. iSell Packaging requires that acceptance by the Buyer be in the form of a written purchase order returned by the Buyer to iSell Packaging via Fax, E-mail, or mail. Pricing and payment terms placed by the Buyer upon such Purchase Order shall refer to and be consistent with the corresponding iSell Packaging quote. Freight collect orders must include a freight collect account number. Buyer’s Purchase Orders must reflect the correct information before shipment can be made. Upon the Buyer’s acceptance of a iSell Packaging sales offer by means of a returned Buyer’s Purchase Order, a written acknowledgement of the Buyer’s acceptance will be returned via fax or e-mail.
3. ACCEPTED FORMS OF PAYMENT. iSell Packaging accepts the following payment methods:
a) Credit Cards including Visa, MasterCard, and American Express. We will bill your credit card only when your item is shipped or under other specific previously agreed upon terms. On-line purchases will strictly be accepted via credit card only and charged at time of order.
b) Prepaid via check (product will be put into queue for manufacturing once check is received and shipped in agreed upon lead time at time of purchase)
c) Standard Credit Terms on account may be granted upon completion and approval of credit application. Accounts on terms must purchase a minimum of $1,000 annually. A complete summary of these terms is available upon application.
4. PRICES. iSell Packaging’s quoted prices generally apply for 30 days as stated in its quotation unless noted otherwise due to certain market conditions or the time for acceptance is extended exclusively by iSell Packaging. iSell Packaging may withdraw any quotation at any time prior to acceptance by Customer. iSell Packaging shall have the right to correct any clerical error appearing on the face of any quotation. iSell Packaging may increase prices if iSell Packaging’s costs increase or because of other circumstances beyond iSell Packaging’s reasonable control. Unless otherwise agreed, prices are for Products only and do not include packaging, delivery charges and any other charges, fees, and taxes and duties imposed by any government authority. When applicable, transportation and taxes shall appear as separate items on Seller’s invoice. Customer is responsible for any additional fees and taxes.
5. CANCELLATIONS. Cancellations of existing orders by the Buyer, or extensions of delivery dates, are subject to iSell Packaging’s consent and agreement. The specific terms and conditions of such agreement must be in writing.
6. SHIPPING DATES. Ship dates are approximate and is not to be considered a guarantee of product availability on a specific date. iSell Packaging strives to deliver as quickly as possible. Many items are custom built or special order and therefore require specific lead times. iSell Packaging’s ship dates are estimates only and iSell Packaging is not liable for delays in delivery. Delivery may be made by installments. If this occurs each installment may be separately invoiced and Customer shall pay for each installment as if it were a separate order. A delayed delivery of any part of an order does not entitle Customer to cancel other deliveries.
7. FREIGHT INFORMATION. All Sales are FOB iSell Packaging and are shipped via best way shipping pre-pay and bill unless otherwise arranged for during the purchase process (e.g. ship collect via customer freight account). Title and risk of loss pass to the Buyer upon delivery of the Product to the carrier.
We ship via UPS Ground or preferred carrier for truck shipments as standard method. By request, we can also ship via, UPS Air services – please specify shipping method on your order. Air shipment methods will incur additional costs. Please note that standard UPS Ground is only available for contiguous mainland states (Alaska and Hawaii are excluded).
iSell Packaging applies a standard shipping and handling fee on collect shipments. Customers who wish to eliminate this fee have their account updated to participate in our Pre-paid and Add program. Contact your Inside Sales Representative for more details.
8. TAXES. Sales to New York State Customers will be subject to New York State Sales Tax as designed in the specific County in which the business resides. iSell Packaging is responsible for collecting sales Tax unless a valid Tax Exempt Reseller Certificate has been submitted and is on record at iSell Packaging prior to order shipment. Unless otherwise agreed to in writing by Seller, all prices quoted are exclusive of transportation and insurance costs, duties, and all taxes including federal, state and local sales, excise and value added, goods and services taxes, and any other taxes. Buyer agrees to indemnify and hold Seller harmless for any liability for tax in connection with the sale, as well as the collection or withholding thereof, including penalties and interest thereon.
9. RETURN POLICY. Notify iSell Packaging immediately if there is a problem with your order. The Buyer shall ensure that the carrier’s copy of the delivery note is endorsed at the time of delivery. Customer must notify iSell Packaging in writing of any shortages, incorrectly sent, or defective goods must be made within 5 working days after receipt of goods. After the 5th day, Customer is deemed to have accepted the Products and may not revoke acceptance.
Customer cannot return Products without a return material authorization (“RMA”) number. Customer must return all Products, freight prepaid, as specified in the RMA. Customer must include a complete description of defect when returning defective Products. iSell Packaging may return all Products not eligible for return to Customer freight collect.
To ensure prompt attention to your concerns, please call 585-377-2510 to obtain a Return Material Authorization (RMA) number. An RMA number must be assigned by iSell Packaging before ANY material can be returned. Any material returned without an RMA number will be sent back.
Any return that is an error on iSell Packaging’s part will be subject to a full refund or credit. Goods may not be returned due to incorrect ordering or improper care and/or storage of products. You will not be entitled to a credit for the freight charged on the initial delivery of the goods. We cannot accept any return for goods returned more than 21 days after billing, incomplete quantities, or not in original condition.
Stock items returned for credit will be subject to a 50% restocking charge. Custom manufactured items are NOT subject to return as stated in our “orders” of NCNR product.
Items returned for credit are subject to additional charges above and beyond the standard restocking fee per our inspection. All dates start from the date of shipment by iSell Packaging. In all cases (unless discrepancy caused by iSell Packaging) customer pays freight both ways.
10. LIMITATION OF LIABILITY. To the fullest extent permitted by law, iSell Packaging is not liable for and customer is not entitled to any indirect , special, incidental, or consequential damages; for example, loss of profits, or revenue, loss of use, rework, manufacturing expense, injury to reputation, or loss of customers. Customer’s recovery from iSell Packaging for all damages will not exceed the price of the product at issue. Customers will indemnify, defend and hold iSell Packaging harmless from any claims based on: (i) iSell Packaging’s compliance with customer’s designs, specifications, or instructions, (ii) modification of any products by anyone other than iSell Packaging, or (iii) use in combination with other products.
11. USE OF PRODUCTS. Products are not authorized for use in critical safety or other applications where a failure may reasonably be expected to result in personal injury, loss of life, or catastrophic property damage. If Customer uses or sells the Products for use in any such applications, Customer acknowledges that such use or sale is at Customer’s sole risk. Customer will indemnify, defend and hold iSell Packaging and/or the Product manufacturer harmless from and against any and all liabilities and costs arising out of or in connection with such use or sale.
12. EXPORT/IMPORT. Certain Products sold by iSell Packaging and other related technology and documentation are subject to export control laws, regulations and orders of the United States and the export or import control laws and regulations of other countries. Customer will not directly or indirectly export or divert any Products and other related technology and documentation to any third party or country where such export or transmission is restricted or prohibited. Customer agrees it is responsible to obtain any license to export, re-export, or import as may be required.
13. PRODUCT INFORMATION. Product information, including information related to a Product’s specifications, export/import control classifications, uses or conformance with legal or other requirements, is obtained by iSell Packaging from its suppliers or other sources. Such information is provided by iSell Packaging on an “AS IS” basis. iSell Packaging makes no representation as to the accuracy or completeness of the Product information, and disclaims all representations, warranties and liabilities under any theory with respect to the Product information. iSell Packaging recommends that Customer validates any Product Information before using or acting on such information. All Product information is subject to change without notice. iSell Packaging is not responsible for typographical or other errors or omissions in Product information.
15. FORCE MAJEURE. Seller is not liable for failure to fulfill its obligations for any accepted Order or for delays in delivery due to causes beyond Seller’s reasonable control including, but not limited to, acts of God, natural or artificial disaster, riot, war, strike, delay by carrier, shortage of Product, acts or omissions of other parties, acts or omissions of civil or military authority, Government priorities, changes in law, material shortages, fire, strikes, floods, epidemics, quarantine restrictions, acts of terrorism, delays in transportation or inability to obtain labor, materials or Products through its regular sources, which shall be considered as an event of force majeure excusing Seller from performance and barring remedies for non-performance. In an event of force majeure condition, the Seller’s time for performance shall be extended for a period equal to the time lost as a consequence of the force majeure condition without subjecting Seller to any liability or penalty. Seller may, at its option, cancel the remaining performance, without any liability or penalty, by giving notice of such cancellation to the Buyer.
16. GOVERNING LAW AND JURISDICTION. Any contract arising out of the making and acceptance of a iSell Packaging offer or quote shall be deemed to have been made in the State of New York, and shall be construed according to the laws of the State of New York. The Buyer stipulates that any resultant agreement is substantially performable by the parties and that jurisdiction exists solely within the state of New York.
17. VISITING iSell Packaging. We do not have a showroom as we are a manufacturing facility. If you call ahead for an appointment, we are happy to meet with you in person at your convenience.