Conditions of Sale

Pacific Bag
Conditions of Sale
  1. This order is subject to acceptance by Pacific Bag, Inc.’s authorized official at the Main Office and is not binding on Pacific Bag, Inc. unless, and until so accepted. Acceptance of an order upon Pacific Bag, Inc.’s standard acknowledgment form constitutes a binding contract. The goods covered by this order ( both stock items and those that are specially made) cannot be canceled, altered or deferred in delivery except with Pacific Bag, Inc.’s written consent. The waiver of a breach of any provision of the contract shall not constitute a waiver of any other breach or of a subsequent breach of such provision for the same or any other cause.
  2. On Flexographic or Rotogravure custom print orders, all preparatory work, engravings and plates remain Pacific Bag, Inc.’s property and any charge is for their use in the production of such order and Pacific Bag, Inc. shall have the right without liability to destroy them if not used for one year.
  3. Pacific Bag, Inc. reserves the right to suspend credit at any time when in its judgment the customer’s financial condition warrants such action.
  4. Shipping dates are approximate and will be reckoned from the date that Pacific Bag, Inc. has all necessary information available. Pacific Bag, Inc. shall not be liable and customer shall have no right to rescind this sale because of late or non delivery cause by war, demands or requests of governmental authority, national defense, civil commotion, strike, labor trouble, fire, flood, accident, failure in production or production equipment, inability to obtain fuel, power, raw material, or shipping capacity, or other causes beyond the reasonable control of Pacific Bag, Inc. If resulting delay occurs, shipments may be proportionately or wholly suspended and resumed upon removal of such cause.
  5. Pacific Bag, Inc. shall not be liable for any claim for special or consequential damages resulting from late or non delivery, from use, resale, handling or possession of its delivered product or from any other cause.
  6. Pacific Bag, Inc. will not accept merchandise returned without its express authority in writing and no claim whether for its negligence or any other cause, shall be allowed later than ninety (90) days from the actual date of shipment or ninety (90) days from the first shipment or have ready date specified in the Pacific Bag, Inc.’s Order Acknowledgment, whichever date is earlier. If merchandise stored at customer’s request beyond the first shipment date or have ready date specified on the Pacific Bag, Inc.’s confirming invoice, such ninety (90) day period shall commence on the first day of such storage.
  7. Subject to proper storage of merchandise the ninety (90) day time period for allowance of claims as specified in Paragraph 6 above, and the limitation upon remedies as set forth in this sentence, Pacific Bag, Inc. expressly warrants its products to be of merchantable quality but in the event of any breach of this warranty, customer shall have no right to rescind this sale and Pacific Bag, Inc.’s sole liability shall be to rework, or at its sole option, to replace or issue a credit for the value of any goods which fail to conform to this warranty. Pacific Bag, Inc. excludes any warranty as to fitness for any specific purpose, application or use, or any other warranties or representation, implied or expressed, except as provided in the preceding sentence. Before purchasing, customer shall determine the suitability of the product for its intended use and customer assumes all risk and liability in connection therein.
  8. If this order covers a contract for services only, such as printing, laminating, or converting of film or paper supplied by the purchaser to Pacific Bag, Inc., Pacific Bag, Inc. warrants that the work performed will be free of any defects in their workmanship. In the event of a breach in this warranty and Pacific Bag, Inc. is advised in accordance with Paragraph 6 above, Pacific Bag, Inc.’s sole liability shall be to remedy such failure by, at its option, adjustment or repeating the service on material supplied by the purchaser at no cost. Pacific Bag, Inc. is not responsible for any materials supplied by the purchaser to Pacific Bag, Inc.
  9. The customer shall hold Pacific Bag, Inc. harmless against any expense or loss resulting from any claim of unfair competition or infringement of patents, trademarks or copyrights arising from compliance with customer’s designs or specification or instructions. The customer shall be exclusively responsible for and shall at his expense indemnify and defend Pacific Bag, Inc. against all liability for any and all claims founded upon the legal effect and use of any designs, devises or words, including any wording required by any Federal, State or Local laws or ordinances, which the customer may order incorporated in or imprinted or placed on the goods, notwithstanding that Pacific Bag, Inc. may have been consulted thereon, or performed artwork or other special services in connection therewith. Nothing in this paragraph shall be construed to alter or enlarge the obligations of Pacific Bag, Inc. as set forth in paragraphs 5, 6 and 7 above.
  10. On custom orders, in accordance with the printing trade customs, an over-run or under-run in the percentage of the original amount ordered as indicated below shall constitute proper fulfillment of this order and shall be paid for at the unit price specified in this order. In the event this order includes more than one item, the allowable percentage set forth below shall apply to each item.

    Laminated Rollstock Material/ Pre-Made Bags
    Less than 5 Million Square Inches of Material 35%
    5 Million Square Inches of Material to under 10 Million Square Inches of Material. 30%
    10 Million Square Inches of Material to under 15 Million Square Inches of Material 25%
    15 Million Square Inches of Material to under 25 Million Square Inches of Material 20%
    25 Million Square Inches of Material to under 50 Million Square Inches of Material 15%
    50 Million Square Inches of Material and above. 10%
  11. Customer shall reimburse Pacific Bag, Inc. for all taxes, excises or other charges, national, state or local which Pacific Bag, Inc. may be required to pay upon the sale, production or transportation of the merchandise sold hereunder.
  12. Where materials are specified by supplier designation, Pacific Bag, Inc. reserves the right to substitute substantially equivalent materials by other suppliers.
  13. Pacific Bag, Inc. shall have the right to imprint its trademark in a suitable inconspicuous locality on any goods produced.
  14. Pacific Bag, Inc. shall have the right to imprint its trademark in a suitable inconspicuous locality on any goods produced.
  15. This instrument contains all the terms and conditions with respect to the sale and purchase of the merchandise named herein and no modification of these terms and conditions shall be of any force or effect unless in writing and signed by the party claimed to be bound thereby. In case of any portion of these Conditions of Sale shall be held invalid, illegal or unenforceable by any court of competent jurisdiction, the validity, legality or enforceability of the remaining provisions shall not be affected or impaired.