Terms and Conditions

ALL ORDERS ARE ACCEPTED BY DAVIDSON BOX & PACKAGING UNDER THE FOLLOWING TERMS AND CONDITIONS: •  This agreement or unfilled portion thereof, is contingent upon strikes, lockouts, accidents, fires, war, government action, embargoes, inability to secure supplies or labor and in the event that performance in whole or in part is prevented or hindered by any cause whatsoever beyond Davidson Box & Packaging Co.'s control, whether or not similar to any of the causes specifically enumerated. Davidson Box & Packaging Co. shall have the right to cancel orders, or portions thereof, without any liability on its part.   •  Buyer shall pay Davidson Box & Packaging Co. all applicable Federal, State or Local taxes now in effect or hereby imposed.   •  Custom product orders are not subject to cancellation without the expressed written consent of Davidson Box & Packaging Co., since it requires Davidson Box & Packaging Co. to manufacture to Buyer's specifications. No goods will be accepted for return or credit without Davidson Box & Packaging Co.'s written authorization. Authorized returns are subject to a restocking fee of 20%. Items not shipped are back ordered and will be shipped at a later date unless otherwise notified.   •  For custom items, an over/under run allowance not to exceed 4 percent is to be provided to cover spoilage in manufacture.   •  All products are shipped F.O.B. Origin and are subject to adjustment for changes in freight rates or carriers between ship date and delivery. Buyer is responsible for any and all assessorial charges including residential delivery, lift-gate service, notification request, customs fees, COD fees and any other charge related to delivery. Risk of loss shall transfer to Buyer upon shipment and Davidson Box & Packaging Co. is not liable for loss or damage during transit .   •  Davidson Box & Packaging Co. warrants that goods will be free of defect in workmanship and materials and will conform to the specifications for a period of 60 days from the date of purchase. This warranty does not cover wear and tear, overloading, abuse or misuse by Buyer, its employees or agents, nor in case of any defect due to materials, artwork, drawings or specifications furnished by Buyer. This warranty extends only to the original Buyer from Davidson Box & Packaging Co.. Buyer shall notify Davidson Box & Packaging Co. by registered mail within ten days of the receipt of the items of all shortages, defects or claims of any kind. GO PACKAGING MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OR SUITABILITY FOR ANY PARTICILAR PURPOSE. IN ANY EVENT, GO PACKAGING'S TOTAL LIABILITY FOR BREACH OF THIS OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, SHALL BE LIMITED TO THE PURCHASE PRICE THERETOFORE PAID BY BUYER. GO PACKAGING SHALL IN NO EVENT BE LIABLE FOR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS.   •  Credit terms are Due on Receipt unless specifically authorized in writing by Davidson Box & Packaging Co.. Accounts are subject to interest of 1-1/2% per month (18% per year), or the maximum amount allowed by law, on past-due balances. Davidson Box & Packaging Co. shall be entitled to fair and reasonable attorney's and collection agency's fees associated with collection of past-due balances.   •  This is the complete agreement of the parties, and no representation, warranties, agreements or modifications have been made or will be binding on Davidson Box & Packaging Co. except insofar as the as consented to by Davidson Box & Packaging Co. in writing.   •  If any legal action is necessary to enforce the terms of this agreement the prevailing party shall be entitled to reasonable attorney's fees in addition to the costs and necessary disbursements.