By placing an order with Arnold Packaging Company at https://shop.arnoldpackaging.com/ you agree to accept these terms and conditions of trade. For the purposes of this Terms & Conditions, the term “Seller” refers to Arnold Packaging Company. “Product” and “Goods” refer to all products available for sale at https://shop.arnoldpackaging.com/. “Customer” and “You” refers to you, as a customer of this site.
Grant of Access
Arnold Packaging Company is pleased to grant Customer a limited, nonexclusive, and revocable access (via a unique username and password) to this ecommerce website. All property and intellectual property rights on this website and the information contained therein remains in the possession of Seller. Any unauthorized use of this website, its content or any portion thereof shall terminate the access granted by Seller.
If Customer fails to comply with any term(s) of this Terms & Conditions, Seller has sole discretion to temporarily suspend, indefinitely suspend or terminate Customer’s right to use or access all or any part of this website, without notice. Upon such suspension or termination, Customer shall cease all use of the login provided to Customer.
Account Profile
To change any of Customer’s profile information, simply sign in to the provided account. Please note that address changes will not apply to orders already placed. The access granted to Customer is nontransferable. Customer may not rent, sell, lend, distribute, or give Customer’s username and password to any other person or entity. Further, Customer is responsible for maintaining the confidentiality of Customer’s username and password and for restricting access to Customer’s computer so others may not access this website using its login without Seller’s permission. If Customer believes someone has accessed the website using its login without authorization, Customer agrees to contact us immediately by emailing sales@arnoldpackaging.com.
Orders
All orders are governed by and subject to these Terms & Conditions, which shall apply to any and all products supplied and/or sold by Seller.
These Terms & Conditions supersede and replace any and all prior agreements, whether written or oral, between the parties with respect to the subject matter herein. These Terms & Conditions are intended by the parties to be the final, complete and the exclusive statement of all terms and conditions associated with a purchase order. By accepting delivery of the Products or by engaging Seller to provide Services, Customer agrees to be bound by and accepts these Terms & Conditions unless Customer and Seller have signed a separate agreement, in which case the separate agreement will govern and supersede these Terms & Conditions.
Acceptance of an order by Seller does not constitute acceptance of any of the terms and conditions of those orders except as to the identification and quantity of the product ordered.
The order shall be binding on the Customer at the time it is received by Seller. The order shall be considered accepted by the Seller and binding on it when the Seller expressly accepts it by sending its written order confirmation to the Customer, or should the Seller indicate modifications to the order within five working days from the receipt of order and/or specifications pertaining to the order.
The products are manufactured or supplied by the Seller in compliance with the confirmed purchase order and/or in compliance with the technical sheets supplied by the Seller. It is the responsibility of the Customer before placing an order to ensure that the products are suitable for their specific purpose and/or intended use, and that the products are compliant with any applicable regulation or legislation.
It is the responsibility of the Customer before submission of the order to ensure that the any specifications, including any artwork or graphics if applicable, communicated to the Seller is suitable for the Customer’s specific purpose and scope.
Payments
Seller accepts Visa, MasterCard, American Express, and Open Account. Seller offers secure online ordering and keep all credit card information confidential. Customer represents and warrants that all information that Customer supplies is true and accurate. And charges incurred by Customer will be honored by Customer’s credit card company including any applicable taxes or delivery costs.
Pricing
All prices are listed in U.S. Dollars. While Seller tries to maintain prices on its products, market conditions and other circumstances beyond Seller’s control may lead to a change in pricing without notice. Seller reserves the right to terminate, suspend, or change any aspect of this website including but not limited to content, prices, features, or hours of availability without notice.
Minimum Order
Items may have a minimum quantity that must be met to place an order. Please check the product description for the requirements. Package quantities and minimums are subject to change without notice.
Returns
Please contact Seller via email at sales@arnoldpackaging.com or call at (855) 276-6537 for return instructions. Items must be returned in salable quantities and condition within 30 days of purchase for credit. Customers will be responsible for freight charges on canceled orders.
Cancellation Requests
As most orders will ship within 12 to 24 hours of receipt, cancellation requests must be approved by Seller. Please contact Seller via email at sales@arnoldpackaging.com or call at (855) 276-6537. This approval must be issued in writing and a $50 fee may apply. In the event of cancellation or deferral of deliveries on an order, Customer assumes immediate liability for any completed part of the order, any material ordered, or tooling work performed.
Shipping Options
All products ship FOB: Point of Shipment. Title and risk of loss for the products shall transfer from the Seller to the Customer at the time the products leave Seller’s factory. All orders are shipped prepaid and by the most economical method. Seller uses UPS whenever possible. Large orders or orders that exceed UPS weight or size limits will ship via another common carrier. Seller is not responsible for the delay of any freight carrier or safe carriage of goods. Risk of loss passes upon delivery of goods to the carrier and Customer must file any claim for damage in transit with the carrier. Goods are insured by standard carrier coverage only. Shipment of product may dispatch from multiple facilities resulting in separate freight charges. Products are packaged in accordance with best practices adopted by the Seller for the products in question. The Customer is responsible for any additional packaging costs that it deems necessary.
Linking to the Site
Creating or maintaining any link from another website to any page on this website without prior written permission from Seller is prohibited. Running or displaying any material or content from this website on another website without Seller’s prior written permission is prohibited.
Privacy Policy
Seller shall comply with applicable Identity Theft and U.S. Data Protection Legislation. The information that Customer supplies to Seller when ordering will remain fully confidential, Seller will not sell Customer personal details to third parties. From time to time, Seller may send Customer marketing information regarding Products of interest. Customer has the right to unsubscribe at any time. The only circumstances when Seller may disclose Customer details to a third party is if required by law.
Taxes
Customer shall be responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental entity on any amounts payable by Customer hereunder.
Trademarks
Seller’s product names, brand names, logos, commercial symbols, trade names, services, and slogans, whether registered or not, are trademarks directly or indirectly owned by Seller and are protected from copying and simulation under national and international trademark and copyright laws and treaties throughout the world. Customer’s access to the site shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any marks appearing on the Seller’s website without the prior written consent of Seller.
Limited Warranty
In lieu of all other warranties, express or implied, Seller warrants to the original customer that all products shall be free from defects in material or workmanship at the time of shipment. Customer’s sole and exclusive remedy is limited to either (a) repair or replacement of the defective part or product or at Seller’s option, or (b) return of the product and refund of the purchase price.
The Seller shall not incur any liability where the claimed defect in Seller’s goods were not discovered prior to or in the normal course of Seller’s manufacturing operations or where the claimed damages resulted from deterioration occurring after receipt of containers by Customer or from use by Customer of inappropriate components or faulty closing machines.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR THE WARRANTY SET FORTH IN ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES OR PRODUCTS, AND DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTY ARISING OUT OF A COURSE OF DEALING, PERFORMANCE, CUSTOM, OR USAGE OR TRADE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (1) IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES MEASURED BY, OR PREMISED ON, LOST PROFITS, REVENUES, SAVINGS OR LOST BUSINESS OPPORTUNITY, LOSS OF USE OF ANY PRODUCT, EQUIPMENT OR OTHER PROPERTY OR ASSET, COST OF CAPITAL, COST OF ANY SUBSTITUTED EQUIPMENT, PRODUCT OR SERVICE, DOWNTIME, INJURY TO PROPERTY, REPUTATION OR RELATIONSHIPS WITH EXISTING OR PROSPECTIVE CLIENTS, ARISING OUT OF OR RELATED TO THIS ORDER OR THE PRODUCTS, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER BASED UPON CONTRACT, NEGLIGENCE, STRICT TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND (2) THE TOTAL CUMULATIVE LIABILITY OF SELLER ARISING OUT OF OR RELATED TO THIS ORDER AND THE PRODUCTS, SHALL NOT EXCEED THE TOTAL PRICE PAID BY THE CUSTOMER IN RESPECT OF THE PRODUCTS GIVING RISE TO THE CLAIM, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXISTENCE OF MORE THAN ONE CLAIMS OR SUITS SHALL NOT EXPAND THIS LIMITATION.
Indemnification
Customer shall indemnify, defend, and hold harmless Seller and its officers, directors, stockholders, employees, agents, sureties, subcontractors, and suppliers from and against any and all losses, costs, expenses, damages, injuries, claims, demands, obligations, liabilities, judgments, fines, penalties, interest, and causes of action, including without limitation administrative and legal costs and reasonable attorney’s fees, involving the following: (a) injury or death to any person, or damage to or destruction of any property (including loss of use thereof), except to the extent caused by the sole negligence or intentional misconduct of Seller; and (b) any failure of the Customer to comply with the requirements of the these Terms & Conditions and purchase order in which these Terms & Conditions apply.
Orders shipping directly or indirectly to California may require Proposition 65 warning labels. Customer acknowledges that it is familiar with the provisions of California’s Proposition 65 and Customer expressly assumes all responsibility regarding compliance with Proposition 65. Customer agrees that it will hold Seller and its suppliers harmless from all liability, claims, and demands for alleged Proposition 65 violations, including all costs and expenses (including, without limitation, reasonable attorneys’ fees) associated with defending any legal claims due to Proposition 65 violations.
Governing Law
These Terms & Conditions and any purchase order in which these Terms & Conditions apply will be construed, enforced, and governed by the laws of the State of Maryland without regard to its conflicts of law provisions.
Severability
Should any part of these Terms & Conditions and any purchase order in which these Terms & Conditions apply be adjudged to be void, unenforceable, or contrary to public policy, only such void or unenforceable portion shall be stricken and eliminated hereof while the other portions remain valid and enforceable.
Assignment & Subcontracting
These Terms & Conditions and any purchase order in which these Terms & Conditions apply are not assignable by the Customer without Seller’s prior written consent.
Entire Agreement
This Terms & Conditions constitutes the complete and exclusive state of the agreement between the parties with respect to the subject matter hereof and shall supersede all proposals, prior agreements, and representations, oral or written, and all communications between the parties related to the subject matter hereof.
Force Majeure
Seller shall not be liable or responsible to Customer, nor be deemed to have defaulted or breached the these Terms & Conditions and purchase order in which these Terms & Conditions apply, for any failure or delay in fulfilling or performing any term of the these Terms & Conditions and purchase order in which these Terms & Conditions apply when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Seller including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, or telecommunication breakdown or power outage.
Modification of Terms & Conditions
Seller reserves the right to change, modify, or otherwise alter these Terms & Conditions at any time. Customer agrees that Seller may modify these Terms & Conditions and such modifications shall be effective immediately upon posting. Customer agrees to review this Terms & Conditions periodically to be aware of modifications.
No Third-Party Beneficiaries
These Terms & Conditions and purchase order in which these Terms & Conditions apply is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express, or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms and Conditions.
Contact Us
If Customer has an inquiry regarding an online order submitted through this site, a question or complaint, Customer should contact Seller as soon as possible. Seller can be reached via email at sales@arnoldpackaging.com, by telephone at (855) 276-6537 or at its office address: Arnold Packaging Company, 1900 Finishing Mill Road, Suite 100, Sparrows Point, MD 21219. Office is open Monday to Friday 8:00am to 5:00pm EST.