STOCKPKG STANDARD TERMS AND CONDITIONS
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1. INTRODUCTION
The following terms and conditions shall apply to the individual and/or individuals acting on behalf of any qualified entity (referred to herein as "You," "Your," and/or the "Customer") for all orders placed through this website, email, service team member, live telephone call, or other electronic means, for the purchase of all products provided (the "Products") by Global Plastic Supply, Inc. doing business as StockPKG ("StockPKG"). By accepting delivery of any of the Products and/or Services, Customer agrees to be bound by and accepts these terms and conditions. These terms and conditions shall apply unless the Customer and StockPKG have signed a separate agreement covering the purchase of the Products, in which case the separate agreement will govern. These terms and conditions are incorporated by reference into all sales documents, including Sales Orders, Invoices, Quotes, and Warehouse Agreements.
2. PURCHASE AND PRICING
A. Order Acceptance. The Customer’s receipt of an electronic or other form of order confirmation does not signify StockPKG’s acceptance of your order, nor does it constitute confirmation of the offer to sell. StockPKG reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.
B. Contract. Upon acceptance of a Customer’s order, a firm contract for the purchase and sale of the Products will be formed between StockPKG and the Customer. Said contract shall incorporate the terms herein. These terms and conditions shall not be altered or amended by the use of any documents. Any attempt to alter this document or to enter an order for Products which are subject to additional and/or altered terms will become null and void unless otherwise agreed to in a written agreement between StockPKG and Customer and signed by both parties.
C. Custom Orders (Over/Under Runs). Due to the specific machines that make custom Products, there is a specific over/under charge associated with each order. Over and Under run is a percentage of the amount of Products that could end up over the initial quantity ordered or under the initial quantity ordered. There are many factors that weigh into the efficiency of the machine running the material for custom Products. If the entire project takes an extended time to set up and a good amount of material is wasted during this process, the order may come in short. If set up goes quickly with minimal waste, the run may come in with more bags than ordered. The Over/Under run percentage is the minimum and maximum amount you will be responsible for. Customer will only be charged for what StockPKG makes. Example: If you order 10,000 bags and receive 9,000 bags, you will pay for 9,000 bags. If you order 10,000 bags and receive 11,000 bags, you will pay for 11,000 bags. Our sales reps will provide you with all this information at the time of the sale. A standard tolerance of ±10% will apply to all orders unless otherwise specified in writing.
D. Price. The prices advertised on our site are for Internet orders unless otherwise noted. Prices and the availability of items are subject to change without notice. Your purchase price may vary. StockPKG reserves the right to limit sales, including the right to prohibit sales to resellers.
E. Typographical Errors. While StockPKG makes every effort to provide accurate information, inaccuracies or errors may occur. We are not responsible for such errors. In the event any Product is listed at an incorrect price or description, due to typographical error or error in pricing information received from any supplier, StockPKG shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We reserve the right to make changes, corrections, and/or improvements to the information contained on this site and to the products and programs described in such information, at any time without notice.
3. PAYMENT
A. Term. Payment is due and payable based on terms offered by StockPKG. Late payments shall be assessed a late payment charge at a rate of 1.5% per month, but in no event to exceed the maximum allowed by law. A grace period of five (5) calendar days will apply before late payment charges are assessed.
B. Credit Cards. StockPKG accepts the following credit cards: Visa, MasterCard, American Express, and Discover. Please be sure to provide your exact billing address and telephone number (i.e., the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay in processing your order. Your credit card will be billed upon receipt of your order. Your credit card will reflect a charge from Global Plastic Supply for orders processed on StockPKG.com and StockPKGfilms.com. Payment can also be made through a registered PayPal account; note that standard third-party PayPal terms and conditions will apply. All credit card payments are processed through secure payment platforms to ensure the protection of your financial information.
C. Taxes. StockPKG will automatically charge and withhold the applicable sales tax for orders delivered to addresses wherever required by law, unless a valid tax exemption certificate is provided in advance of the order.
D. Credit Limit. Credit limit and terms shall be subject to a separate application and approval. Said terms may be amended from time to time with sufficient notice to the Customer.
E. Reseller’s Permits. If you reside in a state where StockPKG collects sales tax and you have a reseller’s permit, please contact us before placing your first order with us and have your reseller’s permit or number available.
4. DELIVERY AND SHIPPING
A. Shipping Times & Expectations. Most orders received before 2:00 PM CST, provided the product ordered is in stock, will be shipped by the next business day. Special order items will have separate shipping terms provided at the time of purchase. Shipping times are estimates only and are subject to change without prior notice.
B. Residential Shipments. Residential shipments via LTL will incur a $50.00 surcharge if deemed necessary by the trucking company. Any additional charges incurred at the time of delivery are the customer’s responsibility, including but not limited to lift gate fees and excessive wait times. This includes orders that qualify for free shipping. You will be notified in advance if this charge is necessary. Customers are solely responsible for any additional delivery charges imposed by carriers that were not included in the original shipping quote.
C. Areas Covered. At this time, our stock products ship ONLY to the Continental United States. However, if your order qualifies, special exceptions may be made. To learn more about international shipping options, please contact an account specialist at 1-855-372-8209.
D. Estimate Only. Consider any shipping or transit time offered to you by StockPKG or other parties only as an estimate. We encourage you to order in a timely fashion to avoid delays caused by weather, shipping companies, or product availability. These estimates are subject to change based on carrier performance and external conditions.
E. Weekend Deliveries. Currently, orders are not processed or shipped on Saturday or Sunday. We cannot guarantee when an order will arrive, however we will provide you with online tracking information for all orders.
F. P.O. Boxes. StockPKG cannot ship to PO Boxes at this time, and apologizes for any inconvenience this may cause.
G. Free Shipping Promotions. All free shipping promotions are for GROUND SERVICE only, all orders with Free Shipping Promotions will have ground shipping, sent ("Best Way"(carrier to be decided at the time of shipment)). Any expedited services, including 2-Day and Overnight shipments, will be at the customer's expense and sent via the carrier they specify.
H. Multiple Product Orders. For a multiple product order, StockPKG will make every attempt to ship all Products contained in the order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available, unless the Customer informs StockPKG otherwise. Customer will only be charged for Products contained in a given shipment, plus any applicable shipping charges. Customer will only be charged for shipping at the rate quoted to you on your purchase receipt. The entirety of the shipping charge may be applied to the first product(s) shipped on a multiple shipment order.
I. Out of Stock Products. StockPKG will ship Products as they become available. All incoming orders within Twenty-Four (24) hours. However, there may be times when the Product ordered is out-of-stock, which will delay fulfilling your order. StockPKG will keep the Customer informed of any Products ordered that are out-of-stock and unavailable for immediate shipment. Customer may cancel order for out-of-stock Products at any time prior to shipping.
5. RETURNS AND CANCELLATIONS
A. Returns. StockPKG will gladly accept the return of Products that are defective due to defects in manufacturing and/or workmanship for thirty (30) days from the date of purchase. Fulfillment mistakes that result in the shipment of incorrect Product will also be accepted for return thirty (30) days from the date of purchase. A twenty-five percent (25%) restocking fee will apply to all other types of returns. Customers must obtain a Return Merchandise Authorization within thirty (30) days.
B. Special Orders. Some items may not be eligible for return, such as equipment or custom packaging. Before placing your order, please contact our Service Team to confirm eligibility.
C. Cancellations. All cancellations must be submitted in writing to info@stockpkg.com. If your order has left the warehouse, it will be subject to the applicable restocking fees and will not include shipping charges. Special order and custom items are not eligible for cancellation once raw materials for those orders have been initiated.
D. Right to Refuse. StockPKG shall have 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 canceled, StockPKG shall immediately issue a credit to your credit card account in the amount of the incorrect price.
6. CREDITS
A. Issuance and Application of Credits. Credits may be issued by the Company, at its sole discretion, as reimbursement or compensation for various reasons, including but not limited to billing errors, returns, or promotional incentives. Customers may have the option to apply credits automatically against their oldest outstanding invoice. To take action for credits, please contact the StockPKG Accounting Team at accounting@stockpkg.com.
B. Credit Expiration. All credits issued to Customers will automatically expire after six (6) months from the date of issuance. It is the Customer’s responsibility to utilize credits within this period.
C. Refund Request. If a Customer wishes to request a refund for an outstanding credit, they must contact the Company’s accounting department (accounting@stockpkg.com) within six (6) months of the credit issuance date. StockPKG will make best efforts to process refunds within thirty (30) days of receiving all required documentation and approval.
D. General Credit Provisions. The Company, at its sole discretion, reserves the right to modify or terminate this Agreement, including any credit-related policies or procedures. Notice of any changes will be communicated to Customers through an update to the terms and conditions on the website or through any other appropriate channels, as the Company may see fit. The Company will not be held liable for any loss, damage, or inconvenience arising from the expiration, non-usage, or misuse of credits issued to Customers.
7. WARRANTY
StockPKG warrants that it is the legal and rightful owner of the Products or that it is legally licensed and/or authorized to sell and/or distribute Products being purchased hereunder. All Products delivered hereunder will be free and clear of any and all encumbrances of any kind.
Customers acknowledge that StockPKG is not the manufacturer of any of the Products purchased hereunder. Any warranty with respect to the Products must come from the manufacturer. StockPKG will pass through to Customers any applicable warranties of the manufacturer to the extent permissible. Notwithstanding anything to the contrary, StockPKG’s liability is limited to the replacement value of the Products.
THIS WARRANTY SUPERSEDES ALL INCONSISTENT PROVISIONS OF ANY AND ALL PURCHASE ORDERS, INVOICES, ACKNOWLEDGMENTS, OR OTHER WRITINGS OR STATEMENTS, WRITTEN OR OTHERWISE. STOCKPKG DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES AND PRODUCT LIABILITY, SPECIFICALLY INCLUDING THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
For Products manufactured directly by StockPKG, including slitting and laminating products, we provide a limited warranty covering defects in materials and workmanship for a period of 180 days from the date of shipment. If the underlying structure of a Product has been modified in such a way that we can no longer rely on the original manufacturer's warranty, we will rely on customers to identify any issues within 180 days of shipment and follow our standard Return Merchandise Authorization (RMA) process. This warranty does not cover damage resulting from misuse, improper storage, unauthorized modifications, or normal wear and tear. In the event of a defect, StockPKG’s sole obligation shall be, at its discretion, to repair, replace, or refund the purchase price of the defective product.
Customer Responsibility for Product Selection:
It is the sole responsibility of the Customer to determine the suitability and fitness for use of the Products for their intended purposes. This includes RESPONSIBILITY to trial films or other materials to verify the Product meets the specific performance, regulatory, and operational requirements of the Customer's application. StockPKG makes no representations or warranties regarding the appropriateness of any Product for specific applications or conditions and disclaims any liability arising from the Customer’s selection, application, or use of the Products.
8. LIMITATION OF LIABILITY
In no event shall StockPKG’s total liability, whether in contract, warranty, tort (including negligence), or otherwise, exceed the purchase price paid by the Customer for the specific Products giving rise to the claim. StockPKG shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, business interruption, or loss of data, even if advised of the possibility of such damages.
9. Privacy
StockPKG is committed to protecting your privacy. We collect and process personal data in compliance with applicable data protection laws, including the California Consumer Privacy Act (CCPA). Your data may be shared with third parties solely for the purpose of processing payments, fulfilling orders, and providing customer service. We use secure platforms for data storage and processing and take reasonable measures to safeguard your personal information. For more details, please refer to our Privacy Policy.
This site may contain links to other sites on the Internet that are owned and operated by third- parties. You acknowledge that StockPKG is not responsible for the operation of, or content located on or through any such site. Other sites accessible through the StockPKG site may have their own privacy policies and data collection practices. Please consult each site’s privacy policy. StockPKG is not responsible for the actions of third-parties. StockPKG does not share customer information with any third-parties and disclaims all liability arising from any action or omission of any third-party, including but not limited to, any potential data mining or breach. The links and interactive functionality for third-party sites to the website do not constitute an endorsement by StockPKG. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.
10. COPYRIGHT AND TRADEMARK NOTICE.
Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of StockPKG, Copyright © 2018, ALL RIGHTS RESERVED. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
11. JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of the State of Nebraska, without regard to its conflict-of-law principles. Any disputes arising under these Terms shall be resolved first through good-faith negotiations. If unresolved, disputes shall be submitted to binding arbitration in Omaha, Nebraska, in accordance with the rules of the American Arbitration Association. Judgment on the arbitration award may be entered in any court having jurisdiction. Notwithstanding the foregoing, StockPKG may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property rights.
12. MISCELLANEOUS
Any failure or delay by StockPKG to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision, and any single or partial exercise of any right shall not preclude any further exercise of that right. No waiver by StockPKG of any provision of these terms will be effective unless made in writing and signed by a duly authorized officer.
If any provision of these terms is held to be illegal, invalid, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions, which shall be interpreted to give effect to the original intent of the parties to the fullest extent permitted by law.
The section headings in these terms are for reference purposes only and shall not affect the meaning or interpretation of any provision herein.
Customer agrees that these terms will not be construed against StockPKG by virtue of having drafted them. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these terms. Except as expressly provided in these terms, no person or entity other than the parties hereto shall have any legal or equitable right, remedy, or claim under or in respect of these terms.
These terms and conditions are written in English, which shall be the controlling language. Any translations are provided for convenience only, and in the event of any discrepancies, the English version shall prevail.
13. FORCE MAJEURE
StockPKG shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, government actions, labor disputes, shortages of materials, transportation delays, pandemics, or supply chain disruptions. In such cases, StockPKG’s obligations shall be suspended for the duration of the delay.
14. AMENDMENTS
StockPKG reserves the right to modify these Terms and Conditions at any time. Changes will be effective upon posting to our website or upon direct notification to the Customer. Continued use of StockPKG’s services after such modifications constitutes acceptance of the updated Terms.