TIME AND EFFECT OF ACCEPTANCE – This proposal and prices quoted herein expire at the option of Best Packaging, Inc. (hereinafter referred to as BEST PACKAGING), unless written acceptance (including purchase order number) is received at our main office within fifteen (15) days from the proposal date. This proposal is not an offer and its acceptance shall not constitute a contract unless and until such acceptance is approved at our main office by one of our duly appointed officers or authorized representatives. Issuance of an order or acceptance of this proposal constitutes acceptance of all conditions described herein and acknowledgement and return of a copy of buyer’s purchase order or other document shall in no way alter these terms and conditions.
2. CREDIT TERMS – Payment terms stated in this proposal are offered only to firms rated by Dun & Bradstreet with a “Composite Credit Appraisal” of “good” or “high” and having in our opinion adequate financial strength. Firms not rated by Dun & Bradstreet are offered the stated terms only upon submittal of three credit references (two suppliers and a bank) and subsequent verification and written approval by BEST PACKAGING. Terms of payment are net 10 days F.O.B. factory unless stated otherwise in the body of this proposal. Invoices more than 30 days old are subject to a 1-1/2% per month interest charge. The buyer is responsible for all expenses related to the collection of delinquent invoices and BEST PACKAGING reserves the right to change or modify payment terms at any time prior to purchase order acceptance without written notice.
3. MINIMUM ORDER CHARGE – No orders will be accepted for less than $100.00.
4. COPYRIGHTS AND USE OF SPECIFICATIONS AND DRAWINGS – We reserve all copyright rights in this proposal and in all accompanying specifications and drawings. This proposal and all such specifications and drawings are submitted to you solely for your consideration and in confidence, remain our property subject to recall by us and are not to be published, reproduced, copied in whole or in part, loaned or otherwise communicated to any third party without our written permission. Drawings accompanying this proposal are not to be used for construction or erection purposes unless certified for such purposes by BEST PACKAGING.
5. APPROVAL DRAWINGS – Manufacturer’s general arrangement or shop drawings will be submitted by us only upon receipt of buyer’s written request. Subsequent fabrication will not commence until buyer’s authorized approval is received. In such instances where, in our judgment, it is deemed prudent BEST PACKAGING reserves the right to require buyer approval of drawings and to delay or withhold fabrication until such approval is received in writing.
6. DRAWINGS AND SPECIFICATIONS SUPPLIED BY BUYER – All stated dimensions on drawings and specifications supplied by the buyer shall be deemed correct unless changed in writing by the buyer before issuance of buyer’s purchase order. Buyer shall be held liable for any additional charges incurred due to dimensional charges made after acceptance of contract. All dimensions referred to in this proposal which are scaled from buyer’s drawings are deemed correct unless corrected by buyer in writing before issuance of buyer’s purchase order. BEST PACKAGING shall not be held liable for conflict with ductwork, columns, or other structures or machinery not specifically noted to us by buyer.
7. OPERATING ENVIRONMENT – The buyer is responsible for notifying BEST PACKAGING prior to fabrication of the equipment purchased, of any corrosive, destructive or otherwise extreme or severe characteristics of the environment in which the equipment will be operated which would affect the operation or durability of the equipment.
8. SUBSTITUTIONS – BEST PACKAGING reserves the right to make substitutions or revisions in specifications or suppliers, providing the changes will not affect the operation of the equipment.
9. TAXES – The purchaser agrees to bear all sales, use, or other tax imposed by federal, state or local authorities as required. No taxes of any kind are included in the purchase priced stated in this proposal. Sales tax for the State of Illinois will be collected in full unless buyer’s purchase order is accompanied by a tax exempt certificate or such certificate is already on file with our accounting department.
10. CLAIMS – Unless stated otherwise in this proposal, shipments are F.O.B. truck, shipping point, and therefore travel at the buyer’s risk. Any claims for damage must be filed with the delivering carrier. All shipments are made freight collect.
11. RETURN POLICY – Goods purchased from BEST PACKAGING are returnable solely at the discretion of the manufacturer and only in accordance with the return policy of that manufacturer. The buyer is responsible for return freight and applicable restocking charges.
12. DELIVERIES – Deliveries quoted are the best estimate at the time of quotation. Deliveries quoted are based on the present promises of our suppliers and may vary due to an influx of orders, supplier delays, strikes, acts of nature, or other causes beyond the control of BEST PACKAGING. Every reasonable effort will be made by the company to meet or exceed the quoted delivery and early delivery shall not considered damaging to the buyer. BEST PACKAGING will not be liable for any expenses or charges due to late delivery for any reason. Delivery is considered when the goods are delivered to the transportation company. Deliveries are normally quoted A.R.O. (after receipt of order) which means when the written purchase order is received at our main office; or A.R.A.D. (after receipt of approved drawings) which means receipt of signed approval drawings with no changes at our main office. All orders are scheduled to ship during a particular week. BEST PACKAGING will not be required to ship on a particular day.
13. CANCELLATION AND DELAYS – Should the work be delayed by you or for any reason beyond our control, buyer will pay BEST PACKAGING for any loan, damage, and additional expense suffered or incurred by us as a result of such delays. In the event such a delay involves a delay in shipment of the equipment, buyer will pay the extra cost of storing and handling the equipment during the period of delay. It is understood that a proper cancellation claim figured in accordance with this contract will be honored on the basis of expenses, costs, and liabilities accumulated and/or incurred at the time of receipt at our main office or written notice of cancellation plus a reasonable cancellation charge to cover extra cost of handling and profit.
14. WARRANTY – In lieu of all other warranties, expressed or implied, the equipment covered by this proposal and its component parts carries the respective manufacturer’s warranty which BEST PACKAGING will be pleased to submit to you upon request. We neither assume nor authorize any other person to assume for us, any other liability in connection with the equipment covered by this proposal, including, without limiting the generality of the foregoing, liability for loss of production equipment or profits and liability for consequential damages or any damages to person or property. We will make no allowance for repairs, alterations, or other work done unless specifically agreed to in writing. Furthermore, any such unauthorized repairs or alterations are understood to relieve BEST PACKAGING from any further responsibility or liability for the equipment.
SAFETY DEVICES – The equipment described herein is provided only with safety devices as specified and supplied by the respective manufacturers. BEST PACKAGING does not warrant that these devices will necessarily meet the requirements of all local, state, and federal laws, regulations, or codes.
16. INSTALLATION OF EQUIPMENT – When equipment purchased from BEST PACKAGING is to be installed by us, buyer shall be responsible, at his expense, for unloading the equipment from the delivering truck and storing said equipment indoors under conditions of proper care and maintenance. During unloading, storage, and installation, buyer shall be liable for all thefts and/or damage to the equipment.
Prior to the agreed upon installation date, buyer shall be responsible for moving equipment to be installed to the vicinity of the installation site. Buyer shall also provide electricity, compressed air, and any other required utilities for use without charge by the installation crew.
Buyer shall also allow the installation crew access to forklift trucks, personnel lifts, and any other such equipment on hand as may reasonably be required to facilitate installation. During installation, buyer shall be liable for all theft and/or damage to workmen’s tools and installation equipment. The installation price quoted herein is based on labor to be performed on weekdays during daylight hours. Work performed at any other time will result in additional overtime charges to be paid by the buyer.
Buyer is responsible for providing adequate electricity, compressed air, and any other utilities required for operation of the equipment to be installed. Respective utilities are to be supplied within ten (10) feet of each motor, device, or other component requiring utility service. BEST PACKAGING shall not be held liable for any air pressure or electrical current drops or failures due to utility connection of equipment to be installed.