CONDITIONS of SALES FOR AMERICAN PAPER & PLASTICS INC.
PLEASE READ THESE TERMS AND CONDITIONS VERY
These terms and conditions govern your use of this website of
American Paper & Plastics Inc. ("APP Inc. ") www.appinc.com; by using this website, you
accept these terms and conditions in full. If you disagree with these terms and
conditions or any part of these terms and conditions, you must not use this
You must be at least 18 years of age to use this website. By
using this website and by agreeing to these terms and conditions you warrant
and represent that you are at least 18 years of age.
to these terms and conditions, you consent to American Paper & Plastics
BY ACCEPTING DELIVERY OF THE PRODUCTS OR
BY ENGAGING THE APP INC. AFFILIATE IDENTIFIED ON THE INVOICE, STATEMENT OF WORK
OR OTHER APP INC. DOCUMENTATION ("SELLER") TO PROVIDE PRODUCT OR
PERFORM OR PROCURE ANY SERVICES, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS
THESE TERMS AND CONDITIONS UNLESS CUSTOMER AND SELLER HAVE SIGNED A SEPARATE
AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN.
ANY GENERAL DESCRIPTION OF THE TYPES OF
PRODUCTS OR SERVICES AND RESULTS THEREOF POSTED ON ANY SELLER WEBSITE OR MOBILE
APPLICATION DO NOT CONSTITUTE PART OF THE AGREEMENT BETWEEN SELLER AND
Important Information about These Terms and
These Terms and Conditions
constitute a binding contract between Customer and Seller and are referred to
herein as either "Terms or Conditions" or this "Agreement".
Customer accepts these Terms and Conditions by making a purchase from or
placing an order with Seller or shopping on any Seller Website or Mobile
Application (each, a "Site") or otherwise requesting products (the "Products")
or engaging Seller to perform or procure any Services (as this and all
capitalized terms are defined herein). These Terms and Conditions are subject
to change without prior notice, except that the Terms and Conditions posted on
a Site at the time Customer places an order or signs a Statement of Work will
govern the order in question, unless otherwise agreed in writing by Seller and
Customer consents to receiving electronic records, which may
be provided via a Web browser or e-mail application connected to the Internet;
individual consumers may withdraw consent to receiving electronic records or
have the record provided in non-electronic form by contacting Seller. In
addition, Internet connectivity requires access services from an Internet
access provider. Contact your local access provider for details. Electronic
signatures (or copies of signatures sent via electronic means) are the
equivalent of written and signed documents.
Customer may issue a purchase order for administrative
purposes only. Additional or different terms and conditions contained in any
such purchase order will be null and void. No course of prior dealings between
the parties and no usage of trade will be relevant to determine the meaning of
these Terms and Conditions or any purchase order or invoice, or any document in
electronic or written form that is signed and delivered by each of the parties
for the performance of Services other than Third Party Services (each, a
"Statement of Work"). This Agreement contains the entire understanding
of the parties with respect to the matters contained herein and supersedes and
replaces in its entirety any and all prior communications and contemporaneous
agreements and understandings, whether oral, written, electronic or implied, if
any, between the parties with respect to the subject matter hereof.
THESE TERMS AND CONDITIONS, ANY
STATEMENTS OF WORK, THE SERVICES HEREUNDER AND ANY SALE OF PRODUCTS HEREUNDER
WILL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO
CONFLICTS OF LAWS RULES. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR
LITIGATION WILL BE BROUGHT EXCLUSIVELY IN LOS ANGELES COUNTY, CALIFORNIA, AND
CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED
THEREIN, SUBMITS TO THE JURISDICTION THEREOF AND WAIVES THE RIGHT TO CHANGE
VENUE. CUSTOMER FURTHER CONSENTS TO THE EXERCISE OF PERSONAL JURISDICTION BY
ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING. Except in the case of nonpayment,
neither party may institute any action in any form arising out of these Terms
and Conditions more than one (1) year after the cause of action has arisen. The
rights and remedies provided Seller under these Terms and Conditions are
cumulative, are in addition to, and do not limit or prejudice any other right or
remedy available at law or in equity.
Title; Risk of Loss
If Customer provides Seller with Customers carrier account
number or selects a carrier other than a carrier that regularly ships for
Seller, title to Products and risk of loss or damage during shipment pass from
Seller to Customer upon delivery to the carrier (F.O.B. Origin, freight
collect). For all other shipments, title to Products and risk of loss or damage
during shipment pass from Seller to Customer upon delivery to the specified
destination (F.O.B. Destination, freight prepaid and added). Notwithstanding
the foregoing, title to software will remain with the applicable licensor(s),
and Customer's rights therein are contained in the license agreement between
such licensor(s) and Customer.
to use appinc.com website
Unless otherwise stated, American Paper & Plastics Inc.
and/or its licensors own the intellectual property rights in the website and
material on the website. Subject to the license below, all these intellectual
property rights are reserved.
You may view, download for caching purposes only, and print
pages from the website for your own personal use, subject to the restrictions
set out below and elsewhere in these terms and conditions.
� Republish material from this website
(including republication on another website);
� Sell, rent or sub-license material
from the website;
� Show any material from the website in
� Reproduce, duplicate, copy or
otherwise exploit material on this website for a commercial purpose;
� Redistribute material from this
website except for content specifically and expressly made available for
� You must not use this website in any
way that causes, or may cause, damage to the website or impairment of the
availability or accessibility of the website; or in any way which is unlawful,
illegal, fraudulent or harmful, or in connection with any unlawful, illegal,
fraudulent or harmful purpose or activity.
� You must not use this website to copy,
store, host, transmit, send, use, publish or distribute any material which
consists of (or is linked to) any spyware, computer virus, Trojan horse, worm,
keystroke logger, rootkit or other malicious computer software.
� You must not conduct any systematic or
automated data collection activities (including without limitation scraping,
data mining, data extraction and data harvesting) on or in relation to this
website without American Paper & Plastics Inc. express written consent.
� You must not use this website to
transmit or send unsolicited commercial communications.
� You must not use this website for any
purposes related to marketing without American Paper & Plastics Inc.
express written consent.
We make every
effort to maintain 100% system availability, except during scheduled
maintenance periods. Should we experience technical difficulties, we are not
responsible for orders that are not processed or accepted.
We do not guarantee continuous, uninterrupted or secure access to the
information available to you on our site, and operation of our site may be
interfered with by numerous factors outside of our control.
certain areas of this website is restricted. American Paper & Plastics Inc.
reserves the right to restrict access to other areas of this website, or indeed
this entire website, at American Paper & Plastics Inc. discretion.
If American Paper & Plastics Inc. provides you with a user ID and password
to enable you to access restricted areas of this website or other content or
services, you must ensure that the user ID and password are kept confidential.
This website is provided "as is" without any
representations or warranties, express or implied. American Paper &
Plastics Inc. makes no representations or warranties in relation to this
website or the information and materials provided on this website.
prejudice to the generality of the foregoing paragraph, American Paper &
Plastics Inc. does not warrant that:
� This website will be constantly
available, or available at all; or
� The information on this website is
complete, true, accurate or non-misleading.
Limitations of liability
American Paper & Plastics Inc. will not be liable to you
(whether under the law of contact, the law of torts or otherwise) in relation
to the contents of, or use of, or otherwise in connection with, this website:
� For any indirect, special or
consequential loss; or
� For any business losses, loss of
revenue, income, profits or anticipated savings, loss of contracts or business
relationships, loss of reputation or goodwill, or loss or corruption of
information or data.
limitations of liability apply even if American Paper & Plastics Inc. has
been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any
warranty implied by law that it would be unlawful to exclude or limit; and
nothing in this website disclaimer will exclude or limit American Paper &
Plastics Inc. liability in respect of any:
� Death or personal injury caused by
American Paper & Plastics Inc. negligence;
� Fraud or fraudulent misrepresentation
on the part of American Paper & Plastics Inc.; or
Matter which it
would be illegal or unlawful for American Paper & Plastics Inc. to exclude
or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and
limitations of liability set out in this website disclaimer are reasonable. If
you do not believe these are reasonable terms, you must not use this website.
that, as a limited liability entity, American Paper & Plastics Inc. has an
interest in limiting the personal liability of its officers and employees. You
agree that you will not bring any claim personally against American Paper &
Plastics Inc. officers or employees in respect of any losses you suffer in
connection with the website.
that the limitations of warranties and liability set out in this website
disclaimer will protect American Paper & Plastics Inc. officers, employees,
agents, subsidiaries, successors, assigns and sub-contractors as well as
American Paper & Plastics Inc.
provision of this website disclaimer is, or is found to be, unenforceable under
applicable law, that will not affect the enforceability of the other provisions
of this website disclaimer.
You hereby indemnify American Paper & Plastics Inc. and
undertake to keep American Paper & Plastics Inc. indemnified against any
losses, damages, costs, liabilities and expenses (including without limitation
legal expenses and any amounts paid by American Paper & Plastics Inc. to a
third party in settlement of a claim or dispute on the advice of American Paper
& Plastics Inc.'s legal advisers) incurred or suffered by American Paper
& Plastics Inc. arising out of any breach by you of any provision of these
terms and conditions [or arising out of any claim that you have breached any
provision of these terms and conditions].
Breaches of these terms and
Without prejudice to American Paper & Plastics Inc. other
rights under these terms and conditions, if you breach these terms and
conditions in any way, American Paper & Plastics Inc. may take such action
as American Paper & Plastics Inc. deems appropriate to deal with the
breach, including suspending your access to the website, prohibiting you from
accessing the website, blocking computers using your IP address from accessing
the website, contacting your internet service provider to request that they
block your access to the website and/or bringing court proceedings against you.
American Paper & Plastics Inc. may revise these terms and
conditions from time-to-time. Revised terms and conditions will apply to the
use of this website from the date of the publication of the revised terms and
conditions on this website. Please check this page regularly to ensure you are
familiar with the current version.
Paper & Plastics Inc. may transfer, sub-contract or otherwise deal with
American Paper & Plastics Inc. rights and/or obligations under these terms
and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or
obligations under these terms and conditions.
If a provision of these terms and conditions is determined by
any court or other competent authority to be unlawful and/or unenforceable, the
other provisions will continue in effect. If any unlawful and/or unenforceable
provision would be lawful or enforceable if part of it were deleted, that part
will be deemed to be deleted, and the rest of the provision will continue in
These terms and conditions constitute the entire agreement
between you and American Paper & Plastics Inc. in relation to your use of
this website, and supersede all previous agreements in respect of your use of
Any claim, dispute, or controversy (whether in contract, tort
or otherwise, whether preexisting, present or future, and including, but not
limited to, statutory, common law, intentional tort and equitable claims)
arising from or relating to the Products, the Services, the interpretation or
application of these Terms and Conditions or any Statement of Work or the
breach, termination or validity thereof, the relationships which result from
these Terms and Conditions or any Statement of Work (including, to the full
extent permitted by applicable law, relationships with third parties who are
not signatories hereto), or Seller's or any of its Affiliates' advertising or
marketing (collectively, a "Claim") WILL
BE RESOLVED, UPON THE ELECTION OF ANY OF SELLER, CUSTOMER OR THE THIRD PARTIES
INVOLVED, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. If
arbitration is chosen, it will be conducted pursuant to the Rules of the
American Arbitration Association. If arbitration is chosen by any party with
respect to a Claim, neither Seller nor Customer will have the right to litigate
that Claim in court or to have a jury trial on that Claim or to engage in
pre-arbitration discovery, except as provided for in the applicable arbitration
rules or by agreement of the parties involved. Further, Customer will not have
the right to participate as a representative or member of any class of
claimants pertaining to any Claim. Notwithstanding any choice of law provision
included in these Terms and Conditions, this arbitration agreement is subject
to the Federal Arbitration Act (9 U.S.C. �� 1-16). The arbitration will take
place exclusively in Los Angeles, California. Any court having jurisdiction may
enter judgment on the award rendered by the arbitrator(s). Each party involved
will bear its own cost of any legal representation, discovery or research
required to complete arbitration. The existence or results of any arbitration
will be treated as confidential.
Notwithstanding anything to the
contrary contained herein, all matters pertaining to the collection of amounts
due to Seller arising out of the Products or Services will be exclusively
litigated in court rather than through arbitration.
Terms and Conditions of Sale
We may amend
these Terms and Conditions of Sale at any time by giving you written notice of
such change pursuant to the notice provision herein.
Indemnity for Infringement
You agree to assume all liability for, and indemnify us for,
any claim for patent or copyright infringement and any other claim for
infringement of any proprietary right, process or product when we provide goods
to your specification. Such indemnification includes, but is not limited to,
attorneys' fees and costs.
Credit and additional
Any order for goods that you place with us and the commitment
by us to deliver such goods is subject to your maintaining a satisfactory
credit relationship with us. You agree that if you do not pay our invoice when
due you will also pay a late charge equal to 1-1/2% of the unpaid amount for
each month past the date on which payment was due. You agree to pay any
attorney s fees and costs we spend in the collection of invoices not paid when
You also agree to pay 3% surcharge
on all credit card purchases, unless superseded by another agreement. Free
delivery in Los Angeles, San Diego and San Francesco area for orders over
$300.00. All orders below $300 may incur $25.00 delivery charge plus addition
$6.95 fuel cost fee.
Any terms or conditions inconsistent with those stated
herein, which may appear on your purchase order or any other documents that are
part of an order from you, are void unless approved in writing by an officer of
our Company or superseded by another agreement.
return goods to us only with our written consent, which you must obtain before
you return the goods. Goods that you return are subject to a restocking charge
that you agree to pay.
You agree to
submit any shortage or damage claims within 10 days after you receive the
goods. You agree to report any visible damage to the delivering carrier at the
time of delivery. If a common freight carrier delivers all or some of the
goods, our Company will not honor a claim by you unless the common carrier
honors it as well.
Title to Goods
goods will remain with us until you pay for them in full.
You agree to
report any discrepancies in price to us within ten (10) days after receipt.
Warranty as to Goods
The following warranty replaces all other warranties, express
or implied: The only obligation we have with respect to the goods is to replace
the quantity of the goods proved to be defective. We are not liable for any
injury, loss or damage, direct or consequential that refers or relates to the
goods, the order for goods, or the use or inability to use the goods. Before
using the goods, you shall determine the suitability of the goods for their
intended use and you assume all risk and liability of every kind and nature
arising from any use of the goods by you or any third party.
Delivery date commitments are contingent on the absence of
strikes, accidents, fires, lack of available materials, production delays,
earthquakes, floods, civil disturbances, and acts of God.
Limit of Liability
Under no circumstances are we liable for any damages of any
kind arising from delays in delivery, non-delivery, or any other cause,
including, but not limited to, direct, indirect, incidental, special, punitive or
consequential damages, even if we have been advised of the possibility of such.
General Compliance with
comply with all applicable laws, statutes, ordinances, and regulations
regarding your use of our service and your purchase of goods from us using our
Except as explicitly stated otherwise, any notices shall be
given to us by e-mail addressed to email@example.com
or to you at the address supplied by you, or such other address as either of us
shall designate using the process outlined in this paragraph. Notice shall be
deemed given 24 hours after e-mail is sent, unless the sending party is
notified that the e-mail address is invalid. Alternatively, either of us may
give the other notice by certified mail, postage prepaid and return receipt
requested, addressed to the street address provided to the other party. In such
case, notice shall be deemed given 3 days after the date of mailing.
Law and jurisdiction
These terms and conditions will be governed by and construed
in accordance with laws of the State of California.
American Paper & Plastics Inc. details:
You can contact American Paper & Plastics Inc. by:
By Mail: 550 South 7th Ave. City of Industry, CA
Email to firstname.lastname@example.org
or by Phone at +1 (626) 444-0000