TERMS OF CONDITIONS
Box it up! Packaging Supplies Inc. (herein after known as BIU), and Buyer (herein after known as the Buyer) is subject and entered into the following terms and conditions agreement. This agreement governs the business practices of both parties with respect to the purchases and sales of products and service as evidenced by a credit application of Buyer and/or written or verbal purchases orders of Buyer and/or other writings between the parties, and the terms and conditions set forth in this agreement, resulting in the shipment of Products to Buyer.
When Buyer send and receive e-mails, and consent to communicating with us electronically, Buyer agree that all agreements, notices, disclosures and other communications that Buyer provides to BIU electronically satisfy any legal requirements that such communications be in writing.
Except as otherwise agreed in writing by BIU, all prices are F.O.B. BIU’s warehouse and shall be subjected to all federal, state and local taxes. Prices are subject to change with and/or without notice and BIU may adjust the pricing in the event of a price increase pricing on its raw materials and its suppliers. Durations periods and prices for all that is quoted will be honored at its sole discretion. BIU reserves it right to make any changes to its pricing during its order confirmation process and/or production with its customer.
Terms of Payment
If granted credit, Buyer agree to pay BIU all charges at the prices then in effect for any products or services ordered by Buyer or other persons (including Buyer’s agents) verbally, or written within thirty (30) days from date of invoice without offset of any kind. Any amounts not paid shall accrue interest rate of one and one-half percent (1½%) per month or the highest rate permitted by law, whichever is lower, until all amounts due (“Principle”) and interest have been paid in full. Buyer agrees to grant BIU the rights to charge Buyer’s credit card if provided. BIU reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. All credit card transaction is subject to a 2% fee. No exception. Buyer must provide current, complete, and accurate information for Buyer’s billing account and be in standing with Buyer’s account with no outstanding balances owed in order to receive the products ordered.
Buyer must also promptly update all information such as a change in billing address, credit card number and validity, or expiration date, Buyer must promptly notify BIU if Buyer’s payment method is changed, or if Buyer become aware of a potential breach of security, such as the unauthorized disclosure or use of credit card, or lost or theft of card. If Buyer fail to provide BIU any of the foregoing information, Buyer agree that BIU may continue to charging Buyer for any product provided under Buyer’s billing account unless Buyer have terminate in writing Buyer’s subscription or account for such product or services. Buyer’s non-termination, continued uses, and/or purchases of products from BIU or its website reaffirms that BIU is authorized to charge Buyer’s Credit Card Payment Method or account.
Prices for all Products exclude all applicable taxes and telecommunication charges, unless expressly stated otherwise. To the extent permissible by law, Buyer agree to be responsible for any applicable taxes whether or not such amounts are itemized on Buyer’s statement or charged to Buyer’s payment method.
If Buyer fails to make payments to within the durations of Buyer’s terms, BIU reserve its rights to hold, postpone, and/or cancel access to any or all Products. Cancellation or suspension for default may be made with or without prior notice to Buyer and upon such cancellation or suspension BIU may stop delivery of any product. Deposit for custom ordered items are not refundable. BIU will not be responsible for any damages and/or all cost incurred as a result of untimely payment. BIU reserve its right to secure untimely payment by charging Buyer’s credit card on file if BIU does not receive payment for Buyer’s billing account.
Termination, Cancellation or Suspension
BIU may, in its sole discretion, terminate, cancel, or suspend an accepted order if BIU has not received Buyer’s payment within the duration time that credit is grant, is notified that Buyer’s credit card payment method has expired or has been canceled, and/or if BIU has any reason to believe that any Billing Account information provided to BIU is untrue, inaccurate, not current or incomplete and/or Buyer are not able to pay the current or remaining debt owed to BIU. Termination, cancellation or suspension, whether by Buyer or BIU, will not alter Buyer’s obligation to pay all charges made to Buyer’s Billing Account before such termination, cancellation or suspension (including charges made after termination by Buyer but before BIU could reasonably act on Buyer’s termination notice). Buyer will not be entitled to any refunds upon termination, cancellation or suspension unless the applicable agreement expressly so provides.
BIU reserves the right to refer Buyer’s Billing Account to a third party for collection in the event of default. BIU reserves its right to deem any necessary method possible to seek, secure, and recover any and all costs incurred in the enforcement of this agreement and in collection of any delinquent amounts due, including reasonable attorneys’ fees and costs. Jurisdiction for any legal actions will be in Orange County, California USA.
Cancellation and Returns
Except as otherwise required by law, the costs of any returns if permitted will be at Buyer’s expense, unless such return is due to the negligence of BIU. Returns items all subjected up to 25% restocking fee. All returns items must me in the same condition as shipped and received. Items that are used, opened, and tampered with are not returnable. No exception. All items that are non-stock items and products such as custom made, specialty ordered, printing, and labeling are non-returnable and non-refundable. Such items are required a non-refundable 50% deposit prior to production.
Any dispute relating in any way to the BIU products or services purchased through BIU shall be submitted to confidential and mandatory arbitration in Orange County, California, except that to the extent Buyer have in any manner violated or threatened to violate BIU intellectual property rights, BIU may seek injunctive relief in any state or federal court in the state of California, and Buyer consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. No award of any arbitration shall include punitive or exemplary damages or attorneys’ fees or costs. The prevailing parties are entitled to recover and collect the cost of the American Arbitration Association and of the Arbitrator.
Claims for enforcement, breach or violation of duties or rights under this Agreement or terms and condition shall be adjudicated under the laws of the State of California, without reference to conflict of laws principles.
Buyer agree to indemnify and hold BIU, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of Buyer’s use of or conduct on the BIU products and services. Buyer agrees that no joint venture, partnership, employment, or agency relationship exists between Buyer and BIU as a result of this agreement.
Buyer also agree to assume sole responsibility that (i) the products purchase and used are authorized and suitable for Buyer’s intended purpose and, as the products will be used by Buyer or Buyer’s customer, will comply with all Applicable Law, including but not limited to DOT regulations set forth in Title 49 of the Code for Federal Regulation (“CFR”), in particular CFR 173.22, (ii) the labeling, decorating, use, and/or transportation of the products (including but not limited to the preparation of any printed graphic material on any specialty ordered products) by or at the request of Buyer or Buyer’s customer comply with all Applicable Laws and do not infringe upon the property rights of others, and (iii) and all parts, closures, packaging, seal or other components use by Buyer or its customers comply with all Applicable Laws and that Buyer and Buyer’s customer will make provision for and correctly close all containers are filled and Buyer shall close all containers consistent with instructions applicable to each container. Buyer shall indemnify, defend and hold BIU harmless from any claims, demands, costs, liabilities, including actual attorneys’ fee incurred relating in any and whatsoever to the labeling, filling, closing, use, packaging, and/or transportation of the products, including all attorneys’ fees incurred investigating settling, or defending any claim, whether or not any court action has been filed.
BIU reserves the right to disclose any personal information about Buyer or Buyer’s use of the products and service(s), including its contents, without Buyer’s prior permission if BIU has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of BIU or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. BIU performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of BUI right to comply with governmental, court and law enforcement requests or requirements relating to Buyer’s use of the BIU products and services or information provided to or gathered by BIU with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and BIU with respect to the BIU products and services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and BIU with respect to the BIU products and services.
Modification of this term and agreement
BIU reserves the right to change the terms, conditions, and notices under which the services or products are offered with or without notices. Buyer’s continued use of services and purchases of products constitutes Buyer’s agreement to all such terms, conditions, and notices.
Risk of Loss
All Products purchased from BIU are made pursuant to a shipment contract. This means that the risk of loss and title for such products pass to Buyer upon BIU delivery to the carrier, Buyer’s agents, representatives, and/or employees, whichever occurs first.
The information, products, and services included in or availability through BIU and its website (www.Boxitup.com) may include inaccuracies or typographical errors. Changes are periodically made to the site and services and the information therein. BIU and/or its respective suppliers may make improvements and/or changes site/service at any time.
BIU and /or its suppliers make no representation about the suitability, reliability, timeliness, product performance, quality, product durability of the product or services. All products and services provided “As is” without warranty of any kind. BIU and/or its respective suppliers hereby disclaim all warranties and conditions with regard to its products and service including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title, and non-infringement.
Buyer specifically agree BIU shall not be responsible for any transaction, unauthorized access to or alteration of Buyer’s transmission or data, any material, or data sent or received or not set or received, or any transactions entered into through BIU site or service. Buyer also specifically agree that BIU is not responsible for any threatening, defamatory, obscene, offensive, or illegal content or conduct of any other party or infringement of another’s rights including intellectual property rights. BIU is not responsible for any content sent using and/or included in BIU site/service by any third party.
Copyrights, Patents, & Trademark Notices
All content included on BIU such as text, graphics, logos, button icons and images are the property of BIU or its suppliers and protected by the United States and international copyright laws. The compilation of all content on its website is the exclusive property of BIU and protected by U.S. and international copyright laws. Any rights not expressly granted herein are reserved. One or more United States and international patents apply to its products, including without limitation.
Representations and Warranties
Buyer represent and warrant that: (1) Buyer are at least 18 years of age or the age required or allowed under applicable law for making a legal and binding contract; (2) all information that Buyer submit is true and accurate (including without limitation information relating to Buyer’s account or payment method); and (3) Buyer are an individual (or in the case of an entity, an agent of the entity) authorized to use the designated credit card. Buyer agrees to pay for all charges (including charges by other persons) and to comply with Buyer’s responsibilities and obligations as stated in this Agreement. If Buyer are an agent of an entity user, Buyer represent and warrant that Buyer are duly authorized to legally bind the entity to all terms and conditions of this Agreement and that Buyer have made the entity aware of them. Buyer agrees not to assign, transfer or sublicense any rights in Buyer’s Billing Account. BIU may: (1) generate print copies of its electronic records and introduce them in evidence as original documents; and (2) prove Buyer’s agreement or consent in any manner, including without limitation, by showing that a procedure existed by which Buyer must have provided consent or engaged in conduct to obtain the applicable products.