Labelmaster Terms and Conditions
PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE ("THE SITE" OR "THIS SITE"). THIS SITE IS PROVIDED TO THE USER (“YOU”) BY LABELMASTER ("COMPANY", "US" OR "WE"). FOR ADDITIONAL INFORMATION PLEASE REVIEW OUR PRIVACY POLICY AND TRACKING ACTIVITIES.I. INTRODUCTION
All access to and use of Sites and their features and the purchase of all products and services sold by Labelmaster are subject to these terms (the "Terms"). By accessing the Sites in any way, including, without limitation, browsing the Sites, using any information, and/or submitting information to Labelmaster, or purchasing Labelmaster products and services, Users agree to and are bound by the terms, conditions, policies (including our privacy policy), and notices contained herein including, but not limited to, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Illinois law. NO SALESPERSON OR ANY OTHER PERSON HAS AUTHORITY TO ALTER OR VARY ANY OF THESE TERMS WITHOUT DIRECT WRITTEN APPROVAL SIGNED BY AN AUTHORIZED OFFICER OF LABELMASTER.
From time-to-time Labelmaster may update the Sites and these Terms. Updates shall be effective on the date the change is posted on the Sites. Continued use of the Sites after we post any changes to these Terms constitutes agreement to those changes. Users agree to review these Terms periodically to ensure that they are familiar with the most recent version. Users that do not agree to these terms and conditions, should not use this site. Each use by User shall constitute and be deemed your unconditional acceptance of this Agreement. Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy.
A. Definitions
- "Buyer": User who purchases products and services sold by Labelmaster.
- "Labelmaster" or "we": Labelmaster and its parents, subsidiaries, division, affiliates, and brands.
- "Labelmaster Content": content on the Sites that is provided by Labelmaster or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing.
- "Purchaser": entity to whom the purchase order is addressed.
- "Seller": the party receiving payment for the ordered goods.
- "Site(s)": the website, mobile website, and applications on which these Terms are posted. In Section IV of these Terms, "Sites" also includes email and social media sites.
- "User": any Site visitor or anyone who accesses the Sites in any way, including, without limitation, to browse the Sites, use any information, and/or submit information to Labelmaster.
- "User Content": reviews, discussion posts, blogs, digital images, audio files, and other forms of media submitted by Users.
- "User Ideas": User Content that includes concepts, ideas, materials, proposals, suggestions and the like relating to Labelmaster or to Labelmaster's initiatives.
II. TERMS OF ACCESS
The Sites are owned and controlled by Labelmaster. Labelmaster may, in its sole discretion, and at any time, discontinue the Sites or any part thereof, with or without notice, or may prevent use of the Sites with or without notice. Users agree that they do not have any rights in the Sites and that Labelmaster will have no liability to them if the Sites are discontinued or their ability to access them or any content they may have posted thereon is terminated.
By accessing or linking to the Sites, Users assume the risk that the information on the Sites may be incomplete, inaccurate, out of date or may not meet their needs and requirements. We may add, change, discontinue, remove, or suspend any of the information, features and other content included on the Sites at any time, without notice and without liability. Due to the open nature of the Sites and the potential for errors in the storage and transmission of digital information, Labelmaster does not warrant the accuracy of information obtained from the Sites.
A. Access and Use of the Sites.
Access to the Sites is limited to viewing the linked pages solely for legitimate business purposes, and subject to these Terms. Any access or attempt to access other areas of any Labelmaster computer system or other information contained on the system for any purposes is strictly prohibited.
B. Labelmaster Content.
Labelmaster Content is the property of Labelmaster and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
Users agree not to download, display or use any Labelmaster Content located on the Sites for use in any publications, in public performances, on websites other than the Sites for any unpermitted commercial purpose, in connection with products or services that are not those of Labelmaster, in any other manner that is likely to cause confusion, that disparages or discredits Labelmaster and/or its licensors, that dilutes the strength of Labelmaster's or its licensor's intellectual property, or that otherwise infringes Labelmaster's or its licensors' intellectual property rights (including through use of screen scraping, web harvesting, data extraction, or similar software or technologies) . Users further agree to in no other way misuse any Labelmaster Content or User Content that appears on the Sites.
C. Use of the Sites and Posting Policy.
The following requirements apply to Users' use of the Sites:
- Users will not use any electronic communication feature of the Sites for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful;
- Users will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights;
- Users will not collect or store personal data about other Users;
- Users will not use the Sites for any commercial transactions that are unrelated to the purposes for which the Sites were provided;
- Users will not upload, post, email, or otherwise transmit on interactive features intended for the general public any advertising or promotional materials or any other form of solicitation or unauthorized communication;
- Users will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment; and
- Users shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Labelmaster without the prior review and written approval of Labelmaster.
By submitting User Content, Users agree that:
- they will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Labelmaster;
- they will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that they are under a contractual obligation to keep private or confidential;
- they will not impersonate any person or organization, including without limitation, the personnel of Labelmaster, or misrepresent an affiliation with another person or organization; and
- they will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation or features of the Sites.
Users further understand and agree that they have no ownership rights in any account they may have with us, or other access to the Sites or features therein. Labelmaster may cancel Users' accounts and delete all User Content associated with their accounts at any time, and without notice, if Labelmaster deems that they have violated these Terms, the law, or for any other reason. Labelmaster assumes no liability for any information removed from the Sites, and reserves the right to permanently restrict access to the Sites or to a User account.
By displaying, publishing, or otherwise posting any User Content on or through the Sites, Users hereby grant to Labelmaster a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to Users or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other Users, for use on other media or platforms known or hereinafter developed. Users continue to retain all ownership rights in their User Content, and they continue to have the right to use their User Content in any way they choose, subject to these Terms and the license described herein. Users represent and warrant that they own the content submitted, displayed, published or posted by them on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any User Content, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. Notwithstanding the foregoing, Users acknowledge that their User Content may contain User Ideas.
With respect to User Ideas, Users acknowledge that:
- Labelmaster receives numerous submissions from many parties and/or may have independently developed and/or considered similar User Ideas, and that Labelmaster's review of the User Ideas is not an admission of novelty, priority or originality; and
- Labelmaster's use of any similar User Ideas, whether based on their User Content, provided to Labelmaster by third parties, or independently developed or considered by Labelmaster, shall be without obligation to them.
D. Hypertext Links.
The Sites may be linked to other sites which are not maintained by Labelmaster. Labelmaster is not responsible for the content of our privacy or other policies governing those sites. The inclusion of any link to such sites does not imply endorsement, sponsorship, or recommendation by Labelmaster of the linked sites. Labelmaster disclaims any liability for links from another site to the Sites and to another site from the Sites.
E. Registered Trademarks.
The following trademarks belong to Labelmaster, United States Registered Marks: 3,280,301; 3,940,221; 1,670,037; 1,824,366; 1,658,798; 2,299,148; 1,654,723; 1,669,130; 2,850,319; 4,911,830; 5,883,382
III. TERMS AND CONDITIONS OF SALE
Any purchase of Labelmaster products or services shall be governed by this Section V. Conflicting or additional terms contained in any purchase order, acknowledgment form or other written document submitted by Buyer shall not be valid and binding unless approved in writing by Labelmaster and Buyer. Specifications, prices and delivery are subject to change without notice.
A. Prices and Taxes.
Labelmaster reserves the right to change the prices of its products at any time without notice. All prices are F.O.B. Origin unless otherwise specifically agreed to in writing by Labelmaster. Intermediate quantities from those shown in the catalog or on our web. Prices will be adjusted based on non-standard order quantities.
Prices shown do not include any federal, state, or local taxes or customs duties which Labelmaster may be authorized or required to collect from Buyer. All applicable taxes shall be added to prices shown and Buyer agrees to be solely liable therefor and pay the same. If the amount of said taxes is not included in the invoice for the applicable goods, such amount may be invoiced separately at a later time. Tax exemption certificates as required by federal, state, or local laws or regulations, must accompany all orders to which they apply or be on file with Labelmaster, and Labelmaster has the right to rely thereon, without any obligation to undertake independent investigation. Sales tax will be added on orders shipped to these states: AL, AR, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, IN, KS, KY, LA, MA, MD, ME, MI, MN, MS, MO, NC, ND, NE, NJ, NM, NV, NY, OK, PA, RI, SC, TN, TX, UT, VA, WA, WI, WV, and WY. Application of sales taxes may change without notice. Sales tax liability in excess of the sales tax collected from the Buyer is the Buyer's responsibility.
Additional state tax information:
- AL - Seller has collected the simplified sellers use tax on this transaction(s) delivered into Alabama and the tax will be remitted on the customer’s behalf to the Alabama Department of Revenue. Seller’s program account number is SSU-R010088778.
With respect to international orders, Buyer is the importer of record and must comply with all laws and regulations of the destination country. If international shipments are subject to import taxes, custom duties and fees imposed by the destination country, Buyer is responsible for payment of all taxes and fees associated with the delivery of such international shipment. Any fees levied by customs clearance authorities are the responsibility of Buyer and/or the recipient. Buyer should contact the destination country's customs office for more information.
B. Payment and Credit Terms.
Labelmaster's payment terms are net 30 days after shipment by Labelmaster. In consideration for the extension of credit, Buyer agrees to pay for all purchases within Labelmaster's terms. There will be a 1.5% late fee per month on all past due balances over 30 days. In the event any third parties are employed to collect any outstanding monies owed to Labelmaster, Buyer shall be responsible for all collection costs, including attorney fees, whether or not litigation has commenced, and all cost of litigation incurred. Orders under $50 are to be paid by credit card only.
C. Delivery and Shipment.
All shipments are F.O.B. Origin. Freight charges will be added to Buyer's invoice and will include an insurance fee. Labelmaster charges a shipping and handling fee (which includes internal handling and related costs) on each order, which is applied at the time of order and reflected on Buyer's invoice. COD shipments are not permitted. Other terms and conditions may apply for other than standard ground delivery, including without limitation, expedited same day delivery, air freight, freight collect, export orders, hazardous materials, Buyer's carrier, shipments outside the contiguous U.S. or other special handling by the carrier. Fuel surcharges may be applied. Title and risk of loss pass to Buyer upon tender of shipment to the carrier. If the product is damaged in transit, Buyer's only recourse is to file a claim with the carrier.
Dates of delivery are estimated to the best of Labelmaster's ability and are made in good faith but are not guaranteed. Labelmaster shall not be responsible for any failure to deliver goods on or before the dates specified. Length of time specified for delivery commences after receipt of completed order information, credit approval and shipping release.
D. Variation of Terms of Sale.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, THERE SHALL BE NO VARIATION FROM OR ALTERATION TO ANY OF THESE TERMS UNDER ANY CIRCUMSTANCES ON ORDERS OF LESS THAN $1,000.00.
E. Custom Orders.
Custom orders are not subject to cancellation unless payment is made for artwork, plates and other such preparation expenses which may have been incurred. Proofs will not be submitted for orders unless specifically made a part of Buyer's purchase order. Due to the requirements of proofing and inspection on customized materials, acceptance of a 10% overrun or underrun is understood. Rights to all artwork for custom products is owned and managed by Labelmaster. Labelmaster has the right to patent and trademark product designs unless designs are purchased by the Buyer.
F. Promotions.
Promotional offers are not available to any military or government Buyers. Offers are only valid in the continental United States. Buyer must enter promotion on the website or provide key code to redeem offer. Order must meet qualifying amount prior to any tax and/or shipping charges. Limit one per Buyer.
G. Returns.
Returns must be made within 60 days (not including software) of shipping date and are subject to 15% restocking charge at our option. Custom products may not be returned without prior written approval from Labelmaster. Transportation charges for all goods returned shall be the responsibility of the Buyer unless expressly agreed to the contrary in writing by Labelmaster. For software products, returns must be made within 30 days of the initial software subscription and at least 30 days prior to the subscription renewal date for each subsequent renewal order. Software orders are also subject to a 15% restocking charge. For the purpose of these Terms, goods shall be deemed defective only in the event Buyer has performed and completed an independent inspection made in strict compliance with Military Specification 105D and delivered the report of inspection to Labelmaster within five days after the delivery of any shipment.
H. Software Products.
Software subscription products, they are managed through an auto-renewal program. Any Buyer wishing to opt out of the auto-renewal program may do so in writing for an additional handling fee of $20. Via the auto-renewal program, software subscriptions renew on the subscription termination date and the Buyer will receive an invoice or the Buyer's credit card on file will be charged.
I. Cross Reference Information.
Product cross-reference comparisons do not imply that all products compared are available, or in the case of functional equivalency, that performance and other characteristics are fully comparable. Please review specifications prior to purchase.
J. Delays.
Labelmaster may suspend delivery hereunder whenever any event makes impracticable the manufacture, transportation, acceptance or use of a shipment of the goods or of any material upon which the manufacture of the goods is dependent. Labelmaster shall not be liable for any failure of or delay in performance of orders or contracts directly or indirectly occasioned by causes beyond Labelmaster's control, including but not limited to, strike or other labor problems, fire, flood, accident, riot, war, embargo, epidemic, unusually severe weather conditions, shortage of or change in price of labor, material, fuel or power, or acts of God or the public enemy.
K. Responsibility for Compliance.
With regard to Labelmaster's offering of containers, caps, composites and other packaging, accessories and shipping materials, Labelmaster does not have all the information concerning the products for which said packaging will be used . Additionally, Labelmaster has no knowledge of the packaging, shipping and handling methods and procedures used by the Buyer, nor does Labelmaster have any control of the use of Labelmaster's products for sale. Accordingly, Labelmaster assumes no responsibility for compliance with any of the packaging or other specifications and requirements set forth in the Hazardous Materials Transportation Act, 49 U.S.C. § 5101 et. seq., or any amendments thereto or regulations issued thereunder or as may be required by any federal, state or local statutory or common law. Responsibility for such compliance is assumed entirely by the Buyer. Buyer assumes the responsibility for undertaking (including cost) all testing necessary to determine fitness for each contemplated use.
L. For Industrial Use Only.
All products (including packaging materials) sold by Labelmaster are sold for industrial use only and not for consumer use. Buyer hereby agrees that none of Labelmaster's products will be employed for consumer use and further agrees that Buyer will defend, hold harmless and indemnify Labelmaster and its suppliers from any and all liabilities, losses, claims, actions, suits, proceedings, costs, fees and expenses (including but not limited to any of the foregoing which Labelmaster and its suppliers may suffer or incur on account of personal injury, including death and/or property damage) arising from, out of, or in connection with the use of any of such products for consumer purposes.
IV. Representations and Warranties.
A. The Sites.
Labelmaster makes no representations or warranties about the accuracy or reliability of the content and features of the Sites or User Content, and disclaims all liability in the event of any service failure. Users acknowledge that any reliance on such material or systems will be at their own risk. Labelmaster makes no representations regarding the amount of time that any content or User Content will be preserved. Labelmaster does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. Accessing materials on the Sites by certain persons in certain countries may not be lawful, and Labelmaster makes no representation that materials on these Sites are appropriate or available for use in locations outside the United States. If Users choose to access the Sites from outside the United States, they do so at their own risk and initiative, and are responsible for compliance with any applicable local laws.
THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN.
B. Labelmaster Products and Services.
LABELMASTER AND ITS EMPLOYEES, AGENTS AND SUPPLIERS GIVE NO WARRANTY OF ANY KIND TO BUYER, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, DESCRIPTION, QUALITY OR ANY OTHER MATTER WITH RESPECT TO ANY GOODS SOLD, OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS OF SALE AND IN THE LIMITED WARRANTY. Labelmaster does not assume, nor authorize anyone else to assume for it, any other obligation or liability in connection with the sale or use of its products. Notwithstanding any technical help which Labelmaster or its suppliers may have provided, Buyer affirms that no warranties have been made and Buyer has not relied upon Labelmaster's or its suppliers' skill or judgment in selecting goods suitable for any particular purpose. Buyer is required to satisfy itself that the goods are fit for the intended purpose.
V. Limitation of Liability and Indemnification.
A. The Sites.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL LABELMASTER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITES, NOR SHALL LABELMASTER BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND LABELMASTER'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL LABELMASTER OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF LABELMASTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO ALL USERS. Users agree to indemnify and hold Labelmaster, its officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to Users' violation of these Terms, including the posting policy, or which arises from the use of User Content submitted, posted, or otherwise provided to Labelmaster or the Sites.
B. Labelmaster Products and Services.
Labelmaster and its suppliers disclaim all liability for loss occasioned by injury or damage to persons or property arising out of the manufacture, use, transportation, packaging, processing or possession of Labelmaster's goods. In the event of shortages, damaged, defective or recalled goods, Labelmaster's liability shall not exceed the purchase price of such goods or, at the election of Labelmaster, the repair and replacement of such defective, damaged or recalled goods. In no event shall Labelmaster be responsible for incidental, consequential, indirect or special damages as a result of defects, damages, shortages or recalls, including but not limited to losses arising from Buyer's failure to cease filling defective containers after such defect has been discovered. By ordering and accepting delivery of Labelmaster's products, the Buyer hereby covenants and agrees to defend, hold harmless and indemnify Labelmaster and its suppliers from any and all charges, liabilities, losses, claims, actions, suits, proceedings, costs, fees and expenses including but not limited to any of the foregoing which Labelmaster may suffer or incur on account of personal injury, (including death and/or property damage) arising from, out of or in connection with the manufacturing, packaging, handling, transportation, possession, processing, further manufacturing, use or resale of any or all goods and products sold by Labelmaster, except such as are the sole result of Labelmaster's gross negligence.
VI. Miscellaneous.
A. Assignment.
Users may not assign their rights or their obligations under these Terms without the written consent of Labelmaster.
B. No Waiver.
If Labelmaster fails to act with respect to Users' breach or anyone else's breach of these Terms on any occasion, Labelmaster is not waiving its right to act with respect to future or similar breaches.
C. Severability.
If any provision of these Terms, as applied to any party or to any circumstance, shall be found by a court to be void, invalid or unenforceable, the same shall in no way affect any other provision, the application of any such provision in any other circumstance, or the validity or enforceability of these Terms or any contract between the parties. Any and all disputes between the parties shall be governed by the laws of the State of Illinois, without respect to the choice of law provisions thereof, and the parties irrevocably submit to the exclusive personal and subject matter jurisdiction and venue of the state and federal courts sitting in Cook County, Illinois, for the resolution of disputes.
D. Contact us.
Trademark or copyright owners who believe that their trademark or copyright rights have been violated, can notify us at marketing@labelmaster.com or send a letter to Labelmaster, Attention: Marketing Department, 5734 Pulaski Road, Chicago, IL 60646, or call 800.621.5808. If Users have any questions or suggestions regarding these Terms, please contact us as follows: by email at marketing@labelmaster.com or send a letter to Labelmaster, Attention: Marketing Department, 5734 Pulaski Road, Chicago, IL 60646, or call 800.621.5808.
VII. Vendors.
All Supplier Purchase Orders and all transactions pertaining herein will be governed by and under the laws of the State of Illinois.
All invoices must carry certification by Seller that the goods or services covered by such invoice were produced in compliance with all applicable requirements of the Fair Labor Standards Act, as amended, and all applicable regulations and orders of the United States Department of Labor.
This order must not be filled in greater quantities or at higher prices than shown without written approval of Purchaser's Supply Chain Department. If the Price is not shown on order, it is agreed that Seller will notify Purchaser of the price and obtain Purchaser's approval before proceeding with the order. Seller shall comply with all applicable provisions of government orders, regulations and laws relating to prices and price control. The acceptance of this order will constitute an affirmation by Seller that to the best of Seller's knowledge and belief, the price or prices or the goods or services to be furnished hereunder do not exceed any such applicable maximum price or prices.
No charge for packing or drayage will be allowed.
Purchaser will have the right to inspect and reject at its plant any and all materials delivered hereunder. Defective materials or materials not in accordance with Purchaser’s specification will be held for Seller’s instructions and at their risk. Payment for any material delivered hereunder shall not be deemed an acceptance and we retain the right to issue a debit memo to offset the Seller’s invoice for such materials with or without prior return authorization by the Seller.
The Seller warrants all materials or services delivered hereunder to be free from defect of material or workmanship and to conform strictly to the specifications, drawings, or sample specified or furnished. This warranty shall survive any inspection, delivery, acceptance, or payment by the purchaser of the materials or services. Purchaser reserves the right to accept or reject any and all goods delivered and services performed in breach of any such warranties and to hold Seller liable for any and all damages resulting from such breach.
The Seller agrees to indemnify and save harmless Purchaser against all product liability suits and from all damages, claims and demands for actual or alleged defects in Seller’s products, and to defend and assume all expense and damage by reason thereof. The Seller will further indemnify and save Purchaser harmless against and from any and all claims arising from any breach or default on the part of the Seller in the performance of any covenant or agreement, on the part of the Seller to be performed pursuant to the terms of this order.
SELLER'S EXCLUSIVE REMEDY AGAINST PURCHASER, FOR ANY REASON, SHALL BE LIMITED TO PURCHASER'S PURCHASE PRICE AS SET FORTH IN THIS ORDER. IN NO EVENT SHALL PURCHASER HAVE ANY LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
The Seller warrants that the goods described herein, and the sale or use of them will not infringe or contribute to the infringement of any United States or Foreign intellectual property right, including any patent, trademark, copyright or other proprietary right. The Seller guarantees to protect and save harmless the Purchaser against all patent infringements, suits, and from all damages, claims and demands for actual or alleged infringement of any patent, trademark, copyright or other proprietary right and to defend and assume all expense and damage by reason thereof.
Purchaser has the right to cancel this order or agreement upon giving Seller written notice. On cancellation, Purchaser will be liable to Seller only for unpaid invoices for conforming goods previously shipped.
Purchaser reserves the right to cancel this order, without liability or further obligation, if Purchaser's delivery date is not met.
Purchaser reserves the right to adjust the quantity and Purchaser's delivery schedule of this order.
Purchaser reserves the right to visit the Seller’s facility in order to inspect any or all processes related to the manufacture of Purchaser’s product under this purchase order.
Purchaser reserves the right to visit the Seller’s subcontractor’s facility/facilities to inspect any or all work under this purchase order.
This order may not be assigned by the Seller without written consent of the Purchaser. Any attempt to do so shall make such assignment void.
Seller agrees to the provisions of Section 202 of Executive Order 11246, as amended; the Equal Opportunity clause as stated in 41 C.F.R. Section 60-1.4(a); Section 4212 of the Vietnam Era Veterans Readjustment Act of 1974; the Affirmative Action clause stated in 41 C.F.R. Section 60-250.4; the Reporting clause as stated; Section 503 of the Rehabilitation Act of 1973, as amended; and the Affirmative Action clause as stated in 41 C.F.R. Section 60-741.4 as applicable as well as all other relevant rules, regulations and orders of the Secretary of Labor.
OSHA‘s Hazard Communication Standard (29 CFR 1910.1200, as amended) requires manufacturers, importers, distributors, and suppliers to label, tag or mark containers of hazard chemicals with the chemical identity (keyed to the appropriate SDS), appropriate hazard warnings, and the name and address of the manufacturer, importer or other responsible party. Distributors and employers must be provided an appropriate SDS with initial shipment of product and with the first shipment after an SDS is updated. Acceptance of this purchase order implies acknowledgement of these responsibilities. Send SDS to: Regulatory Affairs, American Labelmark Co., 5724 N. Pulaski Rd., Chicago, IL 60646
Last Update: January 26, 2023
