Terms of Sale

  1. Any of the terms and provisions of Buyer's purchase order, which are inconsistent with the Terms and Conditions hereof shall not be binding on the Seller and shall not be considered applicable to the sale or shipment of products considered herein. Placement of order constitutes acceptance of Terms and Conditions herein; contract shall become binding upon the Seller receiving Buyer's order or approval of the same by Seller.
  2. Any additional costs resulting from government laws or regulations (or from increased costs of raw materials or supplies used in manufacturing the goods hereafter becoming applicable) will be added to any prices set forth in this contract. Any tooling used in the manufacture of any product by the Seller remains the property of the Seller. No rights of ownership or exclusive use will be granted to the Buyer unless previously agreed to in writing by the Seller.
  3. This contract may not be cancelled in whole or in part by Buyer without the written consent of the Seller. Seller shall have the right at any time and from time to time to suspend or limit credit on whole or any unfulfilled portion of this contract and Buyer shall have no right of cancellation due to any such suspension or limitation. If Buyer defaults with respect to or repudiates any of its obligations hereunder, the Seller, without any liability on its part and without hereby waiving any rights to damages or other rights it may have, may cancel any undeliverable portion of this contract.
  4. Seller shall have the right to ship in one or more shipments.
  5. These commodities, technology, or software were exported from the United States in accordance with the Export Administration Regulations. Diversion contrary to U.S. law prohibited.
  6. Standard Terms are Net 20 Days, but may vary based upon situation or Buyer
  7. Minimum order value and quantities apply; please contact Seller for specific information
  8. Where prices are FOB destination, they are subject to adjustment for changes in freight rates of carriers between date of order placement and delivery of product.
  9. Seller prices do not include sales, use, excise or similar taxes. Consequently, in addition to the price of goods specified herein, the amount of any present or future sales, use, excise or other similar tax applicable to sale of goods hereunder shall be paid by the Buyer, or in lieu thereof, the Buyer shall provide Seller with a tax exemption certificate acceptable to the appropriate tax authorities.
  10. Where the Buyer, during the term of purchase order, does not release or accept the quantity of each item originally ordered, the Seller reserves the right to:
    1. Re-invoice the quantity released or accepted at an adjusted sales price based on the unit price for the quantity released or accepted.
    2. Ship and invoice the undelivered quantities as originally ordered.
    3. Ship and invoice the number of units in process or completed, at the price on the order.
  11. All orders are subject to standard production quantity variance. An over-run or under-run of up to but not exceeding ten percent (10%) will constitute fulfillment of order. The Seller will invoice, and Buyer will pay, for the exact amount shipped.
  12. Upon Buyer acceptance of proof, any future alteration called for is to be at the expense of the Buyer. Delay in approving proof or request for alteration after acceptance may result in extended delivery date at the Sellers discretion. Alterations to original design may result in increased price to Buyer based upon materials, labor and tooling requirements.
  13. Where labels, wraps or other materials are supplied by Buyer an allowance of up to and not exceeding ten percent (10%) is to be provided to cover spoilage in manufacture. Seller is not responsible for defective product provided by Buyer.
  14. Stock items purchased from Seller are eligible for return providing the item is a current catalog item and the integrity of product and packaging are intact. Returns must be within twelve (12) months of invoicing, six (6) months of expiration and less than two months of Seller's inventory. A twenty percent (25%) re-stocking fee will be applied to all stock item returns. Made-to-Order product is non-returnable.
  15. Seller warrants that at the time of delivery to the carrier products of its manufacture are free from defects in material and workmanship. Seller agrees to replace, without charge to Buyer, all products which are defective and returned to Seller, transportation prepaid, within ninety (90) days of shipment of such product by Seller to Buyer. This warranty is in lieu of all other warranties, expressed, implied and statutory, including the warranty of merchantability. Seller's sole liability shall be to replace defective products in accordance with the terms hereof, and in no event shall Seller be liable for consequential damages of any kind.
  16. Incorrect product received as the result of Seller shipping inaccuracies will be replaced at no charge to the Buyer, transportation prepaid, providing the discrepancy is reported to Seller within thirty (30) days of invoicing and discrepant product has been returned to Seller.
  17. All discrepancies, due to defect or inaccuracy, will require application of credit to original invoice and generation of a new invoice for replacement product shipped to Buyer. All returned product must be in original packaging and is subject to inspection upon receipt, prior to issue of credit.
  18. A Return Goods Authorization (RGA) must be issued by Seller prior to all product returns. Buyer is required to label each box/case they are returning to Seller with the assigned RGA number to ensure credit accuracy. A RGA is valid for forty five (45) days.
  19. Seller shall not be liable for delays in delivery or failure to manufacture due to causes beyond its reasonable control, such as acts of God, acts or omissions of the Buyer, acts or omissions of civil or military authority, priorities, fires, strikes, floods, epidemics, quarantine restrictions, riot, war, delays in transportation, and inability due to causes beyond its reasonable control to obtain necessary labor materials, or manufacturing facilities. Seller shall have the right to cancel, refuse, or delay shipment of any order for failure of Buyer to promptly meet payments due to Seller.

Terms of Use:

Please Read These Terms of Use ("Terms") Carefully Before Using This WebSite

This Web Site ("Site") is provided by Graphic Controls and may be used for informational purposes only. By using the Site or downloading materials from the Site, you agree to abide by the Terms set forth herein. If you do not agree to abide by these Terms, please do not use or view the Site or download materials from the Site.

Upon Graphic Controls 's belief that your conduct fails to conform with these Terms, Graphic Controls , in its sole discretion and without notice, reserves the right to block your access to this Site, to investigate and to involve and cooperate with law enforcement authorities, and to pursue a civil action or criminal prosecution for any alleged or actual illegal activities involving this Site.

Limited License

Subject to the Terms set forth herein, Graphic Controls grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way.

Graphic Controls authorizes you to view and download the information ("Materials") at this Site only for your personal, non-commercial use. This authorization is not a transfer of title in the Materials or copies of the Materials and is subject to the following restrictions:

  1. you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials
  2. you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose and
  3. you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these Terms

You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. This Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all trademark, copyright and other laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, GRAPHIC CONTROLS does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.

Disclaimer

THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. GRAPHIC CONTROLS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE Site. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. GRAPHIC CONTROLS RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE Site. GRAPHIC CONTROLS MAY MAKE ANY OTHER CHANGES TO THE Site, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE Site AT ANY TIME WITHOUT NOTICE.

THIS Site AND MATERIALS ON THIS Site ARE PROVIDED "AS IS" WITHOUT REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES; THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Third Party Sites

As a convenience to you, Graphic Controls may provide, on this Site, links to Web Sites operated by other entities. If you use these Sites, you will leave this Site. If you decide to visit any linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Graphic Controls makes no warranty or representation regarding, and does not endorse, any linked Web Sites, the information appearing thereon or any of the products or services described thereon. Links do not imply that Graphic Controls or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked Site is authorized to use any trademark, trade name, logo or copyright symbol of Graphic Controls or any of its affiliates or subsidiaries.

External Links to the Site

All links to the Site must be approved in writing by Graphic Controls ; Graphic Controls expressly consents to links in which:

  1. the link is a text-only link containing only the name "Graphic Controls "
  2. the link "points" only to www.graphiccontrols.com and not to deeper pages
  3. the link, when activated by a user, displays the Site's homepage in a full-screen and in a fully operable and navigable browser window and not within a "frame" on the linked webSite; and
  4. the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by Graphic Controls nor be such as to damage or dilute the goodwill associated with the name and trademarks of Graphic Controls or its Affiliates

Graphic Controls reserves the right to revoke this consent to link at any time in its sole discretion, without notice.

Information Provided By You

Any personally identifiable information you may provide to Graphic Controls via this Site is protected by the Privacy Policy associated with this Site. Graphic Controls does not want you to, and you should not, send any confidential or proprietary information to Graphic Controls via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to Graphic Controls will not be considered confidential or proprietary. By providing any such information or materials to Graphic Controls , you grant to Graphic Controls an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that Graphic Controls is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Graphic Controls . You further recognize that Graphic Controls does not want you to, and you warrant that you shall not, provide any information or materials to Graphic Controls that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.

Indemnity and Limitations of Damages

You shall indemnify and hold harmless Graphic Controls , its officers, directors, shareholders, subsidiaries, and employees from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site violates any applicable law or regulation, or the rights of any third party.

IN NO EVENT SHALL GRAPHIC CONTROLS OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, OR EMPLOYEES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE Site OR ANY LINKED WEBSite, EVEN IF GRAPHIC CONTROLS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Changes

Graphic Controls reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms, in whole or in part, at any time, without notice. Changes in this Agreement will be effective when notice of such change is posted. Your continued use of the Site after any changes to these Terms are posted will be considered acceptance of those changes.

Graphic Controls may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. Graphic Controls may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. Graphic Controls may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials.

International Users and Choice of Law

This Site is operated and administered from within the United States of America. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws. These Terms and Conditions of use shall be governed by the laws of the State of New York, without giving effect to its conflict of laws provisions. You agree to submit to the jurisdiction of the courts located in the State of New York, for the resolution of all disputes arising from or related to these Terms and/or your use of the Site.

These Terms constitute the entire agreement between Graphic Controls and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.

Export Requirements

Graphic Controls is committed to complying with all U.S. Export Administration and Regulations. These commodities, technology or software were exported from the United States in accordance with the Export Administration Regulations. Diversion contrary to U.S. law is prohibited.