Website Terms & Conditions
TERMS AND CONDITIONS of SALES FOR AMERICAN PAPER & PLASTICS INC.
PLEASE READ THESE TERMS AND CONDITIONS VERY CAREFULLY
These terms and conditions govern your use of this website of American Paper & Plastics Inc. DBA American Paper & Provisions (“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 website.
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.
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 CUSTOMER.
Important Information about These Terms and Conditions
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.
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 Customer’s 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.
License 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.
You must not:
- 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 public;
- 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 redistribution.
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.’s 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.’s 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.
Access to 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.’s 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.
Without 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.
These 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.’s liability in respect of any:
- Death or personal injury caused by American Paper & Plastics Inc.’s 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.
You accept 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.’s officers or employees in respect of any losses you suffer in connection with the website.
You agree that the limitations of warranties and liability set out in this website disclaimer will protect American Paper & Plastics Inc.’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as American Paper & Plastics Inc.
If any 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 conditions
Without prejudice to American Paper & Plastics Inc.’s 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.
American Paper & Plastics Inc. may transfer, sub-contract or otherwise deal with American Paper & Plastics Inc.’s 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 effect.
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 this website.
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 charges Obligation
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 attorneys’ fees and costs we spend in the collection of invoices not paid when due.
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.
You may 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
Title to 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 Laws
You shall comply with all applicable laws, statutes, ordinances, and regulations regarding your use of our service and your purchase of goods from us using our site.
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.’s details:
American Paper & Plastics Inc.’s address is 550 South 7th Ave. City of Industry, CA 91746
You can contact American Paper & Plastics Inc. by:
Email to firstname.lastname@example.org or by Phone at (626) 444-0000