ACCEPTANCE

Acceptance of this offer is expressly limited to the exact terms contained herein and any attempt to alter or omit any of such terms shall be deemed a rejection and a counteroffer.

ACKNOWLEDGMENTS

It is the responsibility of the customer to read and verify all acknowledgments. Should any discrepancies arise between acknowledgment and your specifications, please notify us immediately via customerservice@sunpack.com; 800-634-8160 or 763-785-2505.

AUTHORITY OF AGENTS

No agents, representative, or employee of Sunrise Packaging, Inc. has the authority to make any affirmation, representation, warranty or guarantee or to change invoices without written approval of the home office of Sunrise Packaging, Inc. or one of its officers

CANCELLATIONS and CANCELLATION CHARGES

Orders accepted by the Seller and subsequently cancelled by the Buyer, for reasons beyond the control of the Seller, are subject to cancellation charges. In the event an order for custom merchandise is cancelled, charges for labor, material and overhead will be based on work completed to date of cancellation plus Seller’s anticipated profit on said order. If for any reason a customer should cancel an order for custom merchandise prior to production, there will be a cancellation charge of $100.00 to cover order entry and handling costs.

CLAIMS - FREIGHT CLAIMS

Claims for damages, shortages, losses in transit, etc. are to be made against the carrier by the buyer.

CLAIMS - MANUFACTURING CLAIMS

Buyer agrees that a 30 day period after receipt of goods is a reasonable time for inspection of the goods and for discovery of any defect in material or workmanship, whatsoever. Notice of any claim by buyer must be given in writing within 30 days of receipt. Buyer further agrees that any complaint which is not made in writing shall not be the basis for a claim, counter claim, or setoff, and without limitation, no counter claim or setoff shall be asserted against an action for the price where buyer has failed to send a written complaint to seller within 30 days from receipt of goods. Sunrise Packaging, Inc. may require the return of any product claimed to be defective.

CONFIDENTIALITY

In the event Buyer’s personnel visit Seller’s plant or otherwise receives any proprietary or confidential information from Seller, said information shall be retained as confidential by Buyer and not disclosed to any third party without the written consent of Seller. Seller retains all rights in any invention, tooling, improvement, discovery, or patent it conceives relating to the goods delivered under this agreement. Buyer gives Seller permission to use all samples and images including cover art and logos for promotional purposes.

CONFIRMATIONS

Sunrise Packaging, Inc. requires confirmation of orders to be provided in writing. Any verbal order must be followed up with a written confirmation prior to acceptance.

DEFAULT IN PAYMENT

Failure to pay said invoice at maturity date makes all subsequent invoices immediately due and payable irrespective of terns, and the seller may withhold any subsequent deliveries until the full account is settled. The receipt by the seller of any part less than the full amount of an invoice shall not be a waiver of any rights of the seller. Failure to pay an invoice at maturity date makes the customer liable for and subject to service charges and collection expenses, including attorney fees.

DELAYS

Sunrise Packaging, Inc. will not be liable for any delay in the performance of orders or contracts, or in the delivery or shipment of goods, or for any damages suffered by the Buyer by reason of such delay, when such delay is, directly or indirectly caused by, or in any manner arises from fixes, floods, accidents, civil unrest, acts of God, war, governmental interference or embargoes, strikes, labor difficulties, shortage of labor, fuel, power, materials, or supplies, transportation delays or any other cause or causes (whether or not similar in nature to any of these hereinbefore specified beyond its control).

DELIVERY

The estimated delivery date is the best estimate possible of when the product will be shipped, based upon current and anticipated factory loads. Seller assumes no liability for loss, damage or consequential damage due to delays.

DISPLAY and MARKETING

Seller reserves the right to utilize your product, in any stage of development or post-development, for marketing purposes which may include posting pictures or descriptions of the product on the Sunrise Packaging website or affiliate website(s); social media, press releases or advertisements using pictures or descriptions of the product; displaying product samples as an example internally, at trade shows, conferences, or other public events; or any other marketing related purposes. You may provide a separate written request defining Sunrise Packaging’s rights to the use or not to use the above-mentioned materials for internal or external marketing purposes.

LATE PAYMENT CHARGES

A late payment charge of 1-1/2% per month on the unpaid balance will be made on all past due accounts. Should this rate exceed the maximum rate that is lawful under the circumstances, that maximum rate shall apply. The maximum rate shall be governed by the law of the state of the Buyer’s designated billing office. Buyer also agrees to pay reasonable attorney’s fees and other costs incurred at collection.

QUANTITY ADJUSTMENTS AND TOLERANCES

Seller shall reserve the right to increase or decrease the quantity specified in the order by 10% when necessary and determined by the process of production.

RETURN OF GOOD OR DEFECTIVE PARTS

All returns must be accompanied with a Return Material Authorization (RMA). Returns without an RMA number will not be accepted, and return credit will not be issued. The following rates apply if the part is returned in the same condition in which it was received and at the sole discretion of Sunrise Packaging, Inc. If the part is returned and found to be defective, a replacement or credit may apply. If the part is found to be tampered with, the restock credit will not apply. Restocking fees on the return of good parts vary based on the following conditions:

Returned within 1 week of initial delivery: 10% Restocking Fee;

Returned 7 to 30 days of initial delivery: 15% Restocking Fee;

Returned 31 to 60 days of initial delivery: 50% Restocking Fee;

Not returnable after 60 days

Shipping is paid by the buyer.

ROUTING AND DELIVERY

Sunrise Packaging, Inc. will use its best judgment as to the carrier and the route, unless specific instructions are received from the customer prior to shipment. Delivery of the product to common carrier or contract carrier shall transfer title to the buyer and shall constitute delivery.

Sunrise Packaging will comply with all international shipping requirements which may require some declaration of value on required customs forms.

TAXES

The prices on the specified products are exclusive of all city, state, and federal excise taxes, including and without limitation, taxes on manufacture, sales, receipts, gross income, occupation, use and similar taxes. Whenever applicable, any tax or taxes will be added to the invoice as separate charges to be paid by the buyer.

TERMS OF PAYMENT

Seller may determine the terms of payment to be prepaid, partial or net cash 30 days, FOB Blaine, Minnesota. Prepaid and partial payments are due prior to production. Net 30 invoices will be due and payable on the date of shipment.

The seller reserves at any time the right to alter or suspend credit and/or to change the credit terms provided herein when in its sole opinion the financial condition of the buyer warrants it. In such cases, in addition to any other remedies herein or by law provided by the Seller or satisfactory security from the customer may be required by the Seller before shipment, or the Seller, in its sole discretion may accelerate the due date of payment by the buyer under the contract, or any other contract.

TIME AND PLACE OF SHIPMENT

Unless the indicated shipping date is expressly guaranteed, advance information as to date of shipment is an approximation only, based upon Seller’s best judgment at the time.

WARRANTY

Sunrise Packaging, Inc. warrants the merchandise to be sold hereunder to be free from defects in material and workmanship under normal use. The obligation of Sunrise Packaging, Inc. under this Warranty shall be limited to the replacement or credit of any item or items which may be defective, provided Buyer notifies Sunrise Packaging, Inc. in writing within 30 days after Buyer’s receipt of such merchandise and provided that subsequent inspection by Sunrise Packaging, Inc. shall disclose to its satisfaction such defectiveness.

THE WARRANTIES SET FORTH HEREIN ARE IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS. THE BUYER ACKNOWLEDGES THAT NO OTHER REPRESENTATIONS WERE MADE TO HIM OR RELIED UPON BY HIM WITH RESPECT TO THE QUALITY AND FUNCTION OF THE MERCHANDISE HEREIN SOLD.

MISCELLANEOUS

This Agreement shall be governed by the laws of the State of Minnesota. The exclusive jurisdiction and venue for any dispute arising out of, or in anyway relating to this Agreement shall be the State or Federal Courts of Hennepin County, Minnesota. The failure of Seller to insist upon the performance of any term or position of this agreement, or its failure to exercise any right or privilege conferred by this agreement, or its waiving any term or provisions, shall not be construed as thereafter waiving any such term, condition, right or privilege. In no case shall Seller’s liability under this agreement exceed the amount actually paid by Buyer for the goods in question.

 

Revised 11/9/2018