General Information
CUSTOMER SERVICE/ORDERING POINTS – Forward orders (and all inquiries and correspondence regarding orders) to the Customer Service location listed below.
CUSTOMER SERVICE - 8:30am - 5:30pm (ET) | 5028 Lena Rd | Bradenton, FL 34211 Phone: (941) 739-6935 | Email: [email protected]
ID&C SALES POLICY – ID&C products are sold through established channels. To qualify, a customer is required to maintain an adequate stock of Avery Products Corporation products and actively promote this line. ID&C will support qualified customers by turning over to them orders and inquiries from consumers.
PRICE CHANGES – All prices quoted over the phone, via email, via live chat or on the ID&C website are subject to change.
PAYMENT TERMS – Amounts not paid within thirty days of the invoice due date may be subject to a late payment charge of 1.5% per month on the unpaid balance. Avery Products Corporation shall be entitled to recover any costs incurred as a result of collecting an account, including but not limited to reasonable attorney’s fees. ID&C accepts MasterCard, Visa, and American Express as methods of payments. When invoices are paid via credit card, any discount that was previously authorized will be declined.
STANDARD TERMS – 100% Payment in advance of order, or pre-approved credit upon application and at the discretion of ID&C.
ROUTING AND CLAIMS – If your order is being shipped prepaid, we as shipper reserve the right to select the route and carrier. We will do our best to accommodate to a customer’s carrier route guide (if provided), particularly if we have contracts and pricing set up with one of the provided carrier options. If no such agreement is in place with a customer’s preferred carrier(s), in order for Avery to use any of these non-contracted carriers, VENDOR AGREES TO TAKE ON ALL LIABILITY RELATED TO SAID SHIPMENT IF CUSTOMER DEMANDS THE USE OF THEIR PREFERRED CARRIER.
RETURNS – ID&C Customer Service must be notified before any product is returned for credit. If a return request is approved, a return authorization number will be issued. All cartons and papers must reference this number. Returns without an authorization number cannot be accepted. When requesting return authorization, itemize merchandise and identify invoice, order and date. Custom printed products cannot be returned. All returns are subject to a 20% handling charge.
CREDITS FOR SHORTAGES AND/OR PENALTIES FOR NON-COMPLIANCE ROUTING GUIDE - ID&C is committed to delivering our products to our customers within the guidelines that they have established. We take very seriously any action (or inaction) that would delay or disrupt the supply chain flow between our companies. When there is a failure on our part to meet your objectives, we begin an intensive root cause analysis to prevent future occurrences. It is in the spirit of our commitment to you, our customer, that we developed this list of instructions that must be followed when fines, shortages and overages occur. These guidelines will enable us to promptly fix the issues and reduce the amount of unnecessary expense and delay for both of us.
• Prior to unloading delivery trucks, please take pictures of any pallets or cartons that appear to be damaged, write a description of the problem on the freight bill and have the driver sign and date it. Without this information, it is almost impossible for us to identify the root cause of the problem and prevent it from reoccurring.
• All disputes must be communicated within 10 days of receipt of shipment. Method of communication can either be phone, e-mail or your web-based system, within 10 days of the occurrence. Any related debits must be processed within these same 10 days. In any instance, communication received after 10 days may result in your claim being denied.
• When disputing a shipment, the following steps should be followed:
• Forward information with the original violation, shortage or overage with picture (when applicable) to: ID&C Customer Service [email protected]
• Provide explanation and support as to what the issues are and include a photo when applicable.
• Make sure to submit this communication within 10 days of the occurrence.
• We will respond to your claim within 10 days of the original communication. In ID&C’s sole discretion, the response may be any of the following: (1) more information is needed - specifics will be given for what is needed, (2) dispute is denied – specifics will be given for denial, (3) dispute is valid – deduction may be taken on next remittance.
• Undocumented or denied claims must be scheduled for repayment within 20 days of denial. Failure to comply with these timelines may result in your account being placed on “tempo rary credit hold”.
General Terms & Conditions of Sale
PRICE
All prices, unless otherwise stated, are F.O.B. shipping point and are exclusive of any present or future federal, state, local, or other taxes applicable to the sale of products. Any such taxes shall be added to the invoice and paid by PURCHASER unless PURCHASER provides ID&C (SELLER) with a valid exemption certificate acceptable to SELLER and the appropriate taxing authorities. Prices are subject to change, and orders shall be billed at prices in effect at the time of Purchase Order receipt. Unless otherwise stated, different products on an order may not be combined to obtain quantity pricing.
SHIPMENT AND TRANSPORTATION CHARGES
SELLER reserves the right to select the carrier and specify routing of shipments unless otherwise stated. Except for delays caused by PURCHASER, SELLER shall attempt to ship within a reasonable time of the date PURCHASER’s order is received. PURCHASER acknowledges that no claim may be made for delays in shipment where PURCHASER accepts the products. SELLER shall prepay freight charges when order values meet or exceed the minimum qualifying amount specified in SELLER’s most current price list. On orders accepted by SELLER below the minimum qualifying amount, freight shall be prepaid and added to the PURCHASER’s invoice.
FREIGHT CLAIMS (LOST OR DAMAGED GOODS)
SELLER shall cooperate with PURCHASER in filing any transportation claims for damage to or loss of a shipment to the extent deemed necessary to facilitate a settlement with the carrier.
TERMS
The invoice amount shall be payable in accordance with the payment terms, less any discount to which the PURCHASER is entitled, as set forth on the invoice. An invoice(s) not paid within thirty (30) days of the invoice due date, may be subject to a late payment fee of one and one-half percent (1.5%) per month on the unpaid amount. Late payment fees will be billed monthly until the past due invoice(s) is paid. PURCHASER agrees that the charge of one and one-half percent (1.5%) per month referred to above represents a reasonable endeavor to fix SELLER’s carrying costs. Failure to pay an invoice by its due date makes subsequent invoices immediately due and payable irrespective of terms. SELLER may withhold shipment of subsequent orders until the full amount is settled. Any remittances received from or for the account of the PURCHASER may be applied by the SELLER against any indebtedness, regardless of any notation or statement appearing on, referring to, or accompanying such remittance. If in SELLER’s opinion the financial condition of PURCHASER does not justify continuance of shipments under the payment terms on record, SELLER may require cash in advance of shipment. SELLER accepts MasterCard, Visa, and American Express as methods of payments upto a total order value of $10,000. When invoices are paid via credit card, any discount that was previously authorized will be declined.
ACCEPTANCE
All orders are subject to acceptance by SELLER’s home office. An order placed with and accepted by SELLER may be cancelled only with the SELLER’s consent and under terms that will indemnify against loss.
PRODUCT SHORTAGE
PURCHASER must notify SELLER of any product shortage claim within ten (10) days of receipt of shipment. Upon notification by PURCHASER and the verification by SELLER of any product shortage, the short shipped products will be shipped to PURCHASER (subject to stock situation) as soon as possible. Products will be billed and a credit will be issued for the shortage claim based on the original invoice.
RETURNS
PURCHASER shall inspect the products immediately after delivery. PURCHASER must notify SELLER of any return request within thirty (15) days of the delivery date. PURCHASER’s use, processing, or commingling of the products or failure to give notice of any claim for return within the time specified shall constitute an unqualified acceptance of such goods and a waiver of all claims with respect thereto. Before returning any product, PURCHASER must obtain SELLER’s written return material authorization and instructions. Product may be returned only in accordance with the warranty provisions set forth below. In no event shall SELLER be obliged to accept any product returned for reasons other than warranty or authorized return.
COMPLIANCE
SELLER’s products are manufactured in compliance with all applicable requirements of the Fair Labor Standards Act, as amended.
LIMITED WARRANTY
All statements, technical information, and recommendations concerning products sold or samples provided by SELLER are based upon tests believed to be reliable but do not constitute a guarantee or warranty. All products are sold and samples provided with the understanding that PURCHASER has independently determined the suitability of such products for its purposes. SELLER warrants the products to be free from defects in material and workmanship, and that if properly stored, the self-adhesive and color characteristics thereof, if applicable, will remain intact for a shelf-life of one (1) year from the date of shipment. Should any failure to conform to this warranty appear within the warranty period, SELLER shall upon notification thereof and substantiation that the products were stored in accordance with SELLER’s standards, correct such defects by shipment to PURCHASER of a suitable replacement. Products will be billed and a credit will be issued for the defective claim based on the original invoice. If SELLER determines that a replacement is not commercially practical, SELLER shall issue a credit in favor of the PURCHASER in an amount not to exceed the purchase price of the product. This limited warranty is further subject to the condition that PURCHASER notify SELLER of any patent defects in material or workmanship within thirty (30) days of the date of delivery. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHER WARRANTY OF QUALITY, WHETHER EXPRESS OR IMPLIED, EXCEPT FOR THE WARRANTY OF TITLE. NO WAIVER, ALTERATION, ADDITIONS, OR MODIFICATION OF THE FOREGOING CONDITIONS SHALL BE VALID UNLESS MADE IN WRITING AND MANUALLY SIGNED BY AN OFFICER OF SELLER.
LIMITATION OF LIABILITY
IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, LOSS OF USE OF PRODUCTION, OR LOSS OF CAPITAL, EVEN IF INFORMED OF THE POSSIBILITY THEREOF. THE REMEDIES OF PURCHASER SET FORTH HEREIN ARE EXCLUSIVE AND THE TOTAL LIABILITY OF SELLER WITH RESPECT TO ANY CONTRACT OR ANYTHING DONE IN CONNECTION THEREWITH SUCH AS THE PERFORMANCES OR BREACH THEREOF, OR FROM THE MANUFACTURE, SALE, DELIVERY, RESALE, INSTALLATION, OR USE OF ANY PRODUCTS, WHETHER ARISING OUT OF CONTRACT, NEGLIGENCE, STRICT TORT, OR UNDER ANY WARRANTY, OR OTHERWISE, SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCT.
ASSIGNMENT
Any assignment of any of the rights hereunder or hypothecation thereof in any manner, in whole or in part, without the prior written consent of SELLER shall be void.
NON-WAIVER
Failure by SELLER to insist upon strict performance of any of the terms or conditions hereof, failure or delay to exercise any rights or remedies provided herein, or by law, or to properly notify PURCHASER in the event of breach, or the acceptance of payment for any products hereunder, shall not be deemed a waiver of any right of SELLER to insist upon strict performance hereof or any of its rights or remedies, or as to any prior or subsequent default hereunder, nor shall any termination of any agreement with PURCHASER operate as a waiver of any terms hereof.
FORCE MAJEURE
SELLER shall not be liable for any loss, damage, delay, changes in shipment schedules or failure to deliver caused by accident, fire, strike, riot, civil commotion, insurrection, war, the elements, embargo, failure of carrier, inability to obtain transportation facilities, government requirements, acts of God or public enemy, prior orders from others or limitations on SELLER’s or its suppliers’ products or marketing activities, or any other cause or contingency beyond SELLER’s control.
CHOICE OF LAW
This agreement shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws or choice of law principles.
ENTIRE AGREEMENT
These terms and conditions embody the entire agreement and understanding between PURCHASER and SELLER concerning the terms and conditions of sale of SELLER’s products, and are intended as a complete and exclusive statement of the terms of agreement regarding sales of the products hereunder, superseding any prior or collateral agreement between the parties relating to the subject matter hereof. Any provisions in PURCHASER’s purchase order or other document conflicting with these General Terms & Conditions of sale are hereby objected to and rejected, but such rejection shall not operate as a rejection of the PURCHASER’s offer to purchase unless it contains variances in the terms, description, quantity or price of the goods. PURCHASER acknowledges that SELLER has not made any representation to PURCHASER other than those that are specifically referred to or contained herein. Each paragraph and provision of these General Terms & Conditions is severable and if any provision is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall nevertheless remain in full force and effect. NO SALESPERSON, REPRESENTATIVE OR AGENT OF SELLER IS AUTHORIZED TO GIVE ANY GUARANTEE OR WARRANTY OR MAKE ANY REPRESENTATIONS CONTRARY TO THOSE CONTAINED HEREIN.
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