Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Terms and Conditions of Sale
1. No order is binding upon Prism Pak Inc. until accepted by it in writing at it’s office. Seller will not accept any orders subject to terms and conditions other than those expressly set forth herein.
2. The price of the material covered herein shall be the Seller’s price in effect at the time the material covered by this order is shipped to Buyer. Prices are subject to change without notice. Where prices are FOB Buyer, Seller may at its option deliver in its own equipment or common carrier of Seller’s choice. “title to product and risk of loss” shall pass to Buyer upon delivery to any carrier or into Buyer’s transport.
3. Prism Pak Inc. makes no warranty of any kind, express or implied, except that the material sold hereunder shall be of type and quality described and of commercially accepted quality, and the Buyer assumes all risks and liability for the use of the material, whether used and/or processed singly or in combination.
4. Buyer shall make an examination and test of any material delivered hereunder immediately upon receipt at buyer’s facility. Failure of Buyer to give notice of any claim within 10 days after receipt of such product at its facility shall be an unqualified acceptance of said product. This provision shall be applicable to latent as well as patent defects.
5. No claims will be allowed after material has been processed in any manner. No claim of any kind, whether as to material delivered or for non-delivery of material shall after Seller’s written approval, be greater in amount than the purchase price of the material in respect of which damages are claimed; and the failure to give written notice of claim within 10 days from receipt material or the date fixed for delivery, respectively, shall constitute a waiver by Buyer of all claims in respect to such material. The remedy hereby provided shall be the exclusive and sole remedy of the Buyer; any right of the Buyer to consequential damages is excluded.
6. Return Policy: Our commitment to our customers is to provide the best quality products and service at all times.
· If you have received defective product, or we have made a mistake in processing your order, please notify our customer service department at 1.800.569.1266 or email@example.com for a return authorization number. Items must be returned to us in new condition, in original packaging within 30 days from the date of invoice. We will replace it or refund 100% of your money within 5 business days of the receipt of the returned item.
· If you are unhappy with our products for any reason other than defective product / service, you may return the item to us in new condition, and in its original packaging within 30 days from the date of invoice. Please contact customer service at 1.800.569.1266 or firstname.lastname@example.org for a return merchandise authorization. Shipping will be at your expense and a 20% restocking fee will be incurred.
· We do not accept returns of custom made products unless they were defective, or our staff failed to process your order correctly.
7. Seller reserves the right to charge interest on all bills not paid on maturity. Terms quoted are from date of invoice and are not dependent on date of delivery. Prism Pak Inc. may suspend credit and shipment of materials ordered in the event Buyer fails to fulfill terms of payment, in case Seller shall have doubt at any time as to Buyer’s financial responsibility, or in the event Buyer is in dispute with seller as to a claim, except upon receipt of cash or satisfactory security.
8. No liability shall result from delay in performance or non-performance of this agreement, directly or indirectly caused by fire, explosion, accidents, floods, labor disputes, or shortage, act of war, act of (or) authorized by any government, inability to obtain suitable material, equipment, fuel, power, or transportation, or act of God, or arising from contingencies, happenings, or causes beyond the control of Seller. Quantities so affected may be eliminated without liability, but this agreement shall otherwise remain in effect.
9. Overruns and under runs of 10% in filling order shall constitute fulfillment of custom made orders.
10. Seller warrants that the use or sale of the materials delivered do not infringe on any United States patents; but does not warrant against infringement by any reason of the use thereof in combination with other material or in the operation of any process.
11. This order is not assignable or transferable by Buyer, in whole or in part, except at the written consent of Prism Pak Inc.
12. No Item of this order is subject to cancellation, deferred delivery, alteration or change in specification if manufactured or in the process of manufacture.
13. No employee, agent, or representative of Prism Pak Inc. is authorized to bind it to any modification of this warranty or to any conditions, terms, or warranties not stated herein.
14. Buyer agrees that if seller refers any bill to an attorney for collection, or if an attorney is used to enforce or collect any amount due to Seller, Buyer shall be liable for and shall pay in addition to the amount then due, all costs and expenses of collection including reasonable attorney’s fees. Buyer hereby waves trial by jury in any such action.
15. This Agreement shall be deemed made in, and shall be in all respects interpreted, construed, and governed by the laws of, the Commonwealth of Pennsylvania, and the parties agree to litigate any controversy, claim or dispute arising out of or in connection with this agreement or the breach thereof solely in the Court of Common Pleas, Luzerne County PA, which the parties agree shall have exclusive jurisdiction to which the parties hereby submit.
16. This instrument contains all the terms and conditions with respect to the sale and purchase of the material named herein.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Prism Pak, Inc. The collective work includes works that are licensed to Prism Pak, Inc. Copyright 2009, Prism Pak, Inc. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Prism Pak, Inc. or purchasing Prism Pak, Inc. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Prism Pak, Inc. or to purchase Prism Pak, Inc. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Prism Pak, Inc. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Prism Pak, Inc. used in the site are trademarks or registered trademarks of Prism Pak, Inc.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Prism Pak, Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Prism Pak, Inc. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Prism Pak, Inc. does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Prism Pak, Inc. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Prism Pak, Inc. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a Prism Pak, Inc. product or freight estimate is mistakenly listed at an incorrect price, Prism Pak, Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Prism Pak, Inc. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Prism Pak, Inc. shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Prism Pak, Inc. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Prism Pak, Inc. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Prism Pak, Inc..
Your use of this site shall be governed in all respects by the laws of the Commonwealth of Pennsylvania, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Prism Pak, Inc. products shall be in the state or federal courts located in Luzerne County, Pennsylvania. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Prism Pak, Inc. products) must be commenced within one (1) year after the claim or cause of action arises. Prism Pak, Inc.'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Prism Pak, Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Prism Pak, Inc. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Prism Pak, Inc. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Prism Pak, Inc. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Prism Pak, Inc. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Prism Pak, Inc.in its sole discretion.
You agree to indemnify, defend, and hold harmless Prism Pak, Inc., its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Prism Pak, Inc. may link to sites operated by third parties. However, even if the third party is affiliated with Prism Pak, Inc., Prism Pak, Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Prism Pak, Inc.. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Prism Pak, Inc. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).