Terms and Conditions
By accepting a quotation and/or placing an order, Buyer agrees to be bound by all terms herein, regardless of any terms provided in Buyer’s communications.
PRICING, QUOTES, AND CONTRACT TERMS
All quotes are subject to PKG Group, LLC (“PKG”)’s Terms and Conditions of Sale and all other terms now or hereafter set forth in PKG’s written communications with Buyer.
All price quotations are Ex Works, PKG’s point of shipment, and are firm for the duration indicated. Otherwise, all quotations are subject to change without notice. PKG reserves the right to sell products to different buyers at differing prices.
Orders accepted by PKG may not be cancelled without PKG’s written consent. As most goods must be custom manufactured for Buyer, Buyer shall take all goods completed prior to any change or cancellation at full price, and all goods in process at PKG’s cost plus pro-rata profit (as calculated by PKG) and Buyer shall also reimburse PKG for any loss on materials purchased or on financial commitments made for the order. PKG may retain any down payment as liquidated damages if Buyer cancels any order or does not accept delivery. This retainment is in addition to all of PKG’s other rights and remedies hereunder and under applicable law.
All taxes and duties resulting from present or future laws or other government act shall be Buyer’s responsibility.
If these terms or PKG’s acknowledgement or quotation differ from Buyer’s order, PKG’s terms shall be construed as a counteroffer and Buyer’s ordering or accepting goods shall constitute an assent of such counteroffer. Any term stated by Buyer differing from the terms herein is a material change herein and is hereby objected to and rejected. No act or omission of PKG shall waive these conditions.
PKG warrants that all products will be manufactured in substantial conformance to the specifications agreed to and will be of good material and workmanship. PKG makes no warranties regarding the quality or performance of any materials or products supplied to PKG by Buyer that are incorporated by PKG (in accordance with the specifications, with Buyer’s written consent, or at Buyer’s direction) into the products. The warranties contained herein do not cover any damage or condition resulting from the misuse, improper storage, abuse, exposure to extreme temperatures, fire, water, or the negligent acts of Buyer or its successors, assigns and customers. Further, notwithstanding anything herein to the contrary, PKG shall have no liability for any indirect, incidental or consequential damages. EXCEPT AS PROVIDED HEREIN, PKG MAKES NO OTHER WARRANTIES, INDEMNIFICATIONS, GUARANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
PRODUCT LOSS INCLUDING FORCE MAJEURE AND ACTS OF GOD
PKG shall not be liable for failure to fulfill its obligations under this Agreement or for delays in delivery due to causes beyond its reasonable control, including but not limited to acts of God, acts or omissions of any other party, acts or omissions of civil or military authority, unavoidable material shortages, fire, strikes, floods, earthquakes, other natural disasters, epidemics, pandemics, national emergency, quarantine restrictions, riots and war. If PKG’s performance is hindered, delayed, or prevented by Force Majeure, PKG shall promptly notify the Buyer and, if possible, state the date when PKG reasonably anticipates that the Force Majeure events will subside. PKG shall take reasonable steps to reduce the Force Majeure’s effect and duration.
Payment terms are cash with order, or with PKG’s written approval, net cash 30 days. If Buyer delays shipments, payment is due no later than the payment terms agreed to by PKG and Buyer once PKG notifies Buyer that PKG is prepared and ready to ship. Buyer will further pay a reasonable storage charge from that time until shipment is made.
If at PKG’s sole discretion, Buyer’s financial condition ever becomes unsatisfactory to PKG, PKG may terminate the extension of any credit terms to Buyer and require Buyer to pay PKG, in advance, before manufacture or delivery of any goods.
Buyer grants PKG a security interest in all goods sold by PKG to Buyer until all goods are paid for. Buyer further appoints PKG as Buyer’s attorney-in-fact to sign any documents, financial statements or take any action necessary to perfect its interest in such security instrument or otherwise protect PKG’s security.
All information furnished by PKG that is not in the public domain is confidential. Without PKG’s express written consent, Buyer shall not disclose any such information to any other person or use such information for the benefit of any other person except PKG.