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Terms & Conditions of Sale

1. EXCLUSIVE GOVERNING PROVISIONS. The sale of all goods and services by TricorBraun Inc. (the “Company”) to the purchaser through the Packaging Options Direct web site shall be subject to and governed exclusively by these terms and conditions of sale (the “Conditions”) as well as any applicable Terms and Conditions for the Packaging Options Direct site. The Company’s acceptance of any order or other offer by the purchaser (whether in writing, by telephone or otherwise) for any goods or services shall be conditioned upon the purchaser’s assent to these Conditions. Such assent shall be deemed given upon purchaser’s submittal of an order through the Packaging Options Direct site, through telephone, or otherwise.

2. PAYMENT TERMS. The purchaser shall make payment via credit card at the time purchaser’s order is submitted through the Packaging Options Direct site or otherwise accepted by Company.

3. TAXES. The Company’s prices do not include sales, use, manufacturer’s, retailer’s, occupation, excise, VAT or any similar or other tax, fee, duty, tariff or other charge imposed by any governmental authority on any transaction between the Company and the purchaser. In all events, any such tax, fee, duty, tariff or other charge, even if initially advanced by the Company or by any export-import broker, shall be the sole obligation of, and shall be paid by, the purchaser.

4. DELIVERY DELAYS; FORCE MAJEURE. THE COMPANY WILL NOT PAY OR BE LIABLE FOR ANY PENALTY OR DAMAGE, WHETHER LIQUIDATED OR OTHERWISE, FOR LATE DELIVERY. SHIPPING DATES ARE APPROXIMATE AND ARE NOT GUARANTEED.

ALL ORDERS ARE SUBJECT TO, AND THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR, ANY DELAY OR OTHER FAILURE TO PERFORM BY THE COMPANY DIRECTLY OR INDIRECTLY RESULTING FROM ANY FOREIGN OR DOMESTIC EMBARGOES, SEIZURES, ACTS OF GOD, INSURRECTIONS, WARS, CONTINUANCES OF WAR, DELAYS IN OR THE LACK OF AVAILABILITY OF GOODS, MATERIALS, INGREDIENTS OR COMPONENTS FROM THE COMPANY’S SUPPLIERS, DELAYS IN TRANSPORTATION, STRIKES, FIRES, FLOODS, EXPLOSIONS OR OTHER ACCIDENTS, THE ADOPTION OR ENACTMENT OF ANY LAW, ORDINANCE, REGULATION, RULING OR ORDER DIRECTLY OR INDIRECTLY INTERFERING WITH OR RENDERING MORE BURDENSOME THE PROCUREMENT, PRODUCTION, MANUFACTURE OR DELIVERY OF GOODS AND SERVICES HEREUNDER, OR ANY ACT OR EVENT BEYOND THE COMPANY’S CONTROL EITHER OF THE FOREGOING NATURE OR OF ANY OTHER KIND, NATURE OR DESCRIPTION.

5. ERRORS; CANCELLATIONS. All stenographic or clerical errors are subject to correction by the Company. Company attempts to ensure that the content on the Packaging Options Direct site is complete and current. However, Company cannot guarantee that the information contained on the Packaging Options Direct site will not contain errors, inaccuracies, or omissions. Such errors, inaccuracies, or omissions may relate to price, product description, availability, or otherwise. Company reserves the right to correct any error, inaccuracy, or omission, or to change or update the content without prior notice to purchaser.

Further, Company reserves the right to refuse or cancel any orders (including without limitation any orders containing any error, inaccuracy, or omission) at any time and for any reason whatsoever whether or not the order has been submitted, confirmed, and/or purchaser’ s credit card has been charged. If purchaser’s credit card has been charged for the purchase and purchaser’s order is canceled by Company, Company shall promptly issue a credit to purchaser’s credit card. Except for issuing such credit (if applicable), Company shall have no liability or obligation to purchaser with respect to any cancelled order.

6. ASSIGNMENT. No order or rights of the purchaser thereunder or elsewhere, or any obligation of the purchaser to the Company, may be assigned by the purchaser without obtaining the Company’s prior written consent in each instance, which consent may be withheld in the Company’s sole discretion. The Company may assign its rights and obligations hereunder in whole or in part on one or more occasions without obtaining the consent of or giving notice to the purchaser.

7. DELIVERY; RISK OF LOSS; SHIPPING INFORMATION. It is agreed that the term “F.O.B.” is a price term only. All risk of loss or damage in transit shall pass to the purchaser upon the goods being placed into the possession of a carrier for shipment to purchaser. Purchaser will be deemed to have accepted the goods upon receipt of the shipment.

Order Shipment Time
Company shall use reasonable efforts to ship all items that are in stock at the time of order entry within one (1) business day from the time that purchaser’s order is entered and purchaser receives its order confirmation number. Purchaser will receive, via email, a notification that its order has been shipped. Such notification will include a tracking number and the name of the freight carrier. Delivery of purchaser’s shipment (if within the United States) will generally occur within three (3) to ten (10) days. International shipments may take longer. Items that are temporarily out of stock will be shipped once the applicable goods are received into Company’s warehouse, generally two (2) to four (4) weeks.

Freight Carrier
Dependent upon the size of purchaser’s order, Company will generally ship via UPS Ground or Common Carrier. The most common method of shipping is UPS Ground but often for larger items and larger orders Company may find it necessary to ship purchaser’s order via a Common Carrier of Company’s choice.

Expedited Delivery
Company may offer expedited delivery on certain orders if such option is available. If purchaser requests expedited delivery while entering an order through the Packaging Options Direct site, purchaser’s order will not be completed through the Packaging Options Direct site. Rather, upon Company’s receipt of such request for expedited delivery, a customer service representative will contact purchaser (generally within one (1) business day) to advise purchaser of the applicable shipping charges and other potential shipping requirements. If the parties agree to such applicable charges and shipping requirements, then the order will be completed and processed during such telephone call. The parties agree that these Conditions shall apply whether the sale of the goods occurs through the Packaging Options Direct site or through the aforementioned telephone processing.

International Shipments
If purchaser requests delivery to a location outside of the United States while entering an order through the Packaging Options Direct site, purchaser’s order will not be completed through the Packaging Options Direct site. Rather, upon Company’s receipt of such request for international delivery, a customer service representative will contact purchaser (generally within one (1) business day) to advise purchaser of the applicable shipping charges and other potential shipping requirements. If the parties agree to such applicable charges and shipping requirements, then the order will be completed and processed during such telephone call. The parties agree that these Conditions shall apply whether the sale of the goods occurs through the Packaging Options Direct site or through the aforementioned telephone processing.

Shipments to a Residence
If purchaser requests delivery to a residence while entering an order through the Packaging Options Direct site and Company determines that the shipment is too large to ship via UPS, a customer service representative will contact purchaser (generally within one (1) business day) to advise purchaser that its shipment will require delivery on a common carrier and that additional shipping requirements may apply. If the parties agree to such shipping requirements, then the order will be shipped to purchaser. If the parties do not agree upon such shipping requirements, the order will be cancelled.

Order Tracking
Upon shipment of purchaser’s order, purchaser will be sent via email the tracking number and freight carrier of its shipment. Purchaser will also receive the phone number or tracking method dependent on how its order was shipped with the carrier. Such information should assist purchaser in tracking the status of its shipment.

8. DISCLAIMER OF WARRANTIES. ANY DESCRIPTION OF THE GOODS OR SERVICES CONTAINED ON ANY PACKAGING OPTIONS DIRECT SITE DESCRIPTION, QUOTATION, PURCHASE ORDER, ORDER ACKNOWLEDGEMENT, BILL OF LADING OR SALES INVOICE IS FOR THE SOLE PURPOSE OF IDENTIFYING THEM, AND DOES NOT CONSTITUTE A WARRANTY THAT THE GOODS OR SERVICES SHALL CONFORM TO THAT DESCRIPTION. THE USE OF ANY SAMPLE OR MODEL IN CONNECTION WITH A SALE OF GOODS OR SERVICES IS FOR ILLUSTRATIVE PURPOSES ONLY AND DOES NOT CONSTITUTE A WARRANTY THAT THE GOODS OR SERVICES WILL CONFORM TO THE SAMPLE OR MODEL. THE COMPANY AND ITS SUPPLIERS MAKE NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH RESPECT TO ANY GOODS OR SERVICES SOLD BY THE COMPANY TO THE PURCHASER AND COMPANY HEREBY DISCLAIMS ALL SUCH WARRANTIES.

9. TESTING. The purchaser assumes all responsibility for testing the compatibility and capacity of their products with goods sold by the Company.

10. CONFIDENTIALITY. In connection with the offer for sale and the sale of goods and services to the purchaser, the Company may disclose to the purchaser confidential business information of the Company, including, but not limited to, prices of goods or services and the names of the Company’s suppliers of goods or services. The purchaser agrees to maintain the confidentiality of this information and not to disclose any of the information to third parties and not to use this information for any purpose unrelated to the sale of goods and services pursuant to these Conditions.

11. ARBITRATION; JURISDICTION AND VENUE. ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING FROM THE SALE OF GOODS OR SERVICES BY THE COMPANY TO THE PURCHASER SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES. ALL SUCH ARBITRATION PROCEEDINGS SHALL TAKE PLACE IN ST. LOUIS COUNTY, MISSOURI. IN THE EVENT THERE IS ANY LITIGATION RELATING TO THIS PARAGRAPH REQUIRING ARBITRATION OR ANY OTHER MATTER THAT IS FOUND NOT TO BE SUBJECT TO ARBITRATION, THEN THE PARTIES IRREVOCABLY AGREE THAT JURISDICTION AND VENUE IN ANY SUCH LAWSUIT SHALL PROPERLY (BUT NOT EXCLUSIVELY) LIE IN THE CIRCUIT COURT FOR ST. LOUIS COUNTY, MISSOURI, OR THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MISSOURI, AND THE PARTIES IRREVOCABLY AGREE THAT VENUE WOULD BE PROPER IN SUCH COURT AND HEREBY WAIVE ANY OBJECTION THAT SUCH COURT IS AN IMPROPER OR INCONVENIENT FORUM FOR THE RESOLUTION OF SUCH ACTION.

12. ATTORNEYS’ FEES. IN CONNECTION WITH ANY ARBITRATION OR LITIGATION ARISING FROM THE SALE OF GOODS OR SERVICES BY THE COMPANY TO THE PURCHASER, THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER ITS REASONABLE ATTORNEYS’ FEES AND EXPENSES FROM THE NON-PREVAILING PARTY AS PART OF THE SAME ARBITRATION OR LITIGATION; PROVIDED, HOWEVER, IF A PARTY PREVAILS ON SOME, BUT NOT ALL, OF ITS CLAIMS, SUCH PARTY SHALL BE ENTITLED TO RECOVER AN EQUITABLE AMOUNT OF SUCH FEES, COSTS AND EXPENSES, AS DETERMINED BY THE APPLICABLE ARBITRATOR OR COURT COMMENSURATE WITH ITS DEGREE OF SUCCESS AGAINST THE NON-PREVAILING PARTY.

13. RETURNS AND DAMAGED SHIPMENTS.

Returns:
If purchaser discovers a material defect in the goods with respect to materials or workmanship, purchaser may request an exchange, refund or return. If Company confirms the existence of a material defect in the goods with respect to materials or workmanship and purchaser requests an exchange, refund or return within 30 days of purchase, Company will allow the requested exchange, refund, or return. All exchanges, refunds and/or returns shall be limited to the amount paid by purchaser to Company for the defective goods. Purchaser’s sole remedy and Company’s sole liability for defective goods shall be exchange, refund or return of such goods.

All requests for exchange, refund or return not involving defective goods shall be handled by Company on a case-by-case basis and may be accepted or rejected by Company in its sole discretion. Company reserves the right to charge a restocking fee of 25% of the total product price on all returns authorized by Company not involving defective goods. If applicable, such amount will be deducted by Company from the credit issued to purchaser. Purchaser will be informed of whether this fee will apply when a return authorization number is provided.

All requests for exchange, refund or return (whether involving defective goods or otherwise) must be received by Company within 30 days of purchase. No credit will be issued for any customization performed to the goods after shipment by Company to purchaser. Company will only accept returned product and issue credit if a return authorization number is noted on the return.

Unless otherwise indicated by Company, all goods shall be returned F.O.B. point of delivery and all risk of loss or damage in transit shall not pass to Company until Company receives delivery. All freight charges for returns are purchaser’s responsibility and credit will not be issued for original freight charges and custom fees or any fees or expenses required for shipping the goods back to Company.

Damaged Shipments:
Company will make commercially reasonable attempts to assure that when a package is shipped to purchaser, it is wrapped to avoid damage during transit; however, there are circumstances that could cause damage to the shipment. If purchaser’s goods arrive damaged, purchaser agrees not to refuse the shipment. Instead, purchaser shall notify Company immediately so that Company may correct the issue by providing replacement goods. If the shipment is refused by purchaser, Company will not assume responsibility for any credits, refunds, exchanges, or returns that may be due to purchaser or otherwise required hereunder.

Contact Information for Returns or Damaged Shipments:
For all exchanges, refunds, returns or damages, purchaser must notify Company using one of the following methods.

14. INDEMNIFICATION AGAINST PATENT INFRINGEMENT. If any goods sold by the Company are not part of the Company’s standard line offered by it in the usual course of the Company’s business, but are produced in accordance with the purchaser’s specifications, requirements, designs or other request, the purchaser shall indemnify and hold the Company and its successors and assigns harmless from and against all losses, damages and expenses, including, without limitation, attorneys’ fees and costs including the fees and expenses of any expert, arising out of any claim or demand in the nature of patent infringement, trade dress infringement, unfair competition or the like asserted against the Company and/or its successors and assigns, and shall defend any such claim or demand at its sole expense, provided that the purchaser shall not consent to the entry of any judgment or enter into any settlement or compromise with respect to any such claim or demand without the Company’s prior written consent. This indemnification applies to the initial adjudication, in whatever forum, and all subsequent appeals or other proceedings with respect thereto.

15. APPLICABLE LAW. The terms of these Conditions shall be interpreted and the rights and obligations of the parties hereto shall be governed and determined by the Uniform Commercial Code and the other internal laws of the State of Missouri. Whenever the term “Uniform Commercial Code” is used herein, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Missouri as effective and in force on the date of a sale of goods or services by the Company to the purchaser to which these Conditions apply. Whenever a term defined by the Uniform Commercial Code is used in these Conditions, the definition contained in the Uniform Commercial Code shall determine its meaning as used herein. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

16. PURCHASER’S REPRESENTATION OF SOLVENCY. The purchaser represents, by placing any purchase order for goods or services or by accepting tender of goods, that the purchaser is not insolvent as that term is defined in Section 1-201 of the Uniform Commercial Code. In the event that the purchaser becomes insolvent before tender or delivery of the goods, the purchaser shall so notify the Company in writing. Any failure to notify the Company in writing shall be construed as a reaffirmation of the purchaser’s solvency at the time of delivery.

17. INTERPRETATION; PAROL EVIDENCE; TRADE USAGE. Except as otherwise agreed in writing by the parties, these Conditions are intended by the parties as a final expression of their agreement and are intended as a complete and exclusive statement of the terms and conditions of sale with respect to any sale of goods or services by the Company to the purchaser. No course of prior dealings between the parties and no usage of trade shall be relevant to supplement or explain any term used in these Conditions. Acceptance or acquiescence in a course of performance rendered under these Conditions shall not be relevant to determine the meaning of these Conditions even though the accepting or acquiescing party has knowledge of the nature of the performance and an opportunity for objection. If any provision of these Conditions shall be unenforceable, then such provision shall be null and void but the remainder of the Conditions shall remain in full force and effect. The paragraph headings herein are for convenience only and shall not be deemed to limit or otherwise modify the terms hereof. This document shall be construed and interpreted without regard to any presumption against the party who drafted the document.

No agent, employee or representative of the Company has any authority to bind the Company to any affirmation, representation or warranty concerning the goods or services sold by the Company, and unless an affirmation, representation or warranty made by an agent, employee or representative is specifically included in these Conditions it shall not be enforceable by the purchaser.

18. LIMITATIONS OF LIABILITY. THE COMPANY’S LIABILITY FOR ANY CLAIM OF ANY KIND, INCLUDING ANY SUCH CLAIM RELATING TO THE COMPANY’S OR ITS SUPPLIERS’ NEGLIGENCE, OR FOR ANY LOSS OR DAMAGE RESULTING FROM ANY CONTRACT FOR SALE OF GOODS OR SERVICES OR FOR THE PERFORMANCE OR BREACH THEREOF OR RELATING TO THE DESIGN, MANUFACTURE, SALE, DELIVERY, RESALE, INSTALLATION, TECHNICAL DIRECTION OF INSTALLATION, INSPECTION, REPAIR, OPERATION OR USE OF ANY GOODS, SHALL IN NO EVENT EXCEED THE PRICE ALLOCABLE TO THE GOODS OR SERVICES OR UNIT THEREOF WHICH GIVES RISE TO ANY SUCH CLAIM, LOSS OR DAMAGE. IN NO EVENT SHALL ANY PENALTY OR LIQUIDATED DAMAGES CLAUSE OF ANY DESCRIPTION BE EFFECTIVE AND BINDING UPON THE COMPANY UNLESS SPECIFICALLY APPROVED IN WRITING BY AN EXECUTIVE OFFICER OF THE COMPANY. IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (AS THOSE TERMS ARE DEFINED IN SECTION 2-715 OF THE UNIFORM COMMERCIAL CODE OR OTHERWISE) OR INDIRECT OR PUNITIVE DAMAGES OF ANY KIND.

"I will definitely order from Packaging Options Direct in the future when I need more. I appreciate the FAST service and delivery." Joanna L.

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