Terms of Use
By accessing, browsing and/or using the pages in this Site owned and controlled by Food Packaging Warehouse or any of its Affiliates, you agree to these Terms and Conditions of Use. If you do not agree, you should not use this site.
ELECTRONIC COMMUNICATIONS
When you visit Food Packaging Warehouse or send e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail or by posting notices to Food Packaging Warehouse Sites and/or any of its Affiliates. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
USE
Viewing a Food Packaging Warehouse site or any of its Affiliates may create a copy of material from these Sites in the computer you use to access these Sites. You are permitted to view these Sites and print pages for your own personal, noncommercial use. The materials published on these Sites may not be copied, distributed, uploaded, modified or transmitted in any way without prior written consent of Food Packaging Warehouse or from an Affiliate of Food Packaging Warehouse.
TRADEMARKS
Any trademarks, service marks and logos used and displayed on Food Packaging Warehouse or its Affiliates are solely the Trademarks of Packing in Style and its Affiliates. These registered and unregistered Trademarks displayed on our Site should not be construed as granting, in any way, any license or right to Use them without prior written consent from the Trademark owner. Food Packaging Warehouse, PRI, Cups4you, Packaging Resources, Inc., Take Out Tote and Sterling King Products are some of the registered and unregistered trademarks owned by Food Packaging Warehouse or its Affiliates.
COPYRIGHT
All content included in this Site or its Affiliates, including text, graphics, video, audio clips, logos, icons, Images, digital downloads, data compilations, information content and arrangement thereof and software in the property of Food Packaging Warehouse and its Affiliates and is protected by the United States and International copyright laws.
Food Packaging Warehouse or its Affiliates is not liable for Consequential or Special Damages of any nature or kind resulting from the use of any of its products. Owners and users of Food Packaging Warehouse or its Affiliates products assume responsibility for damage or personal injury as a result from improper use of such products. Food Packaging Warehouse warrants each new unit sold by it to be free from defects in material and workmanship under normal use and service. Its obligation under this warranty is limited to free correction or, at its Option, the refund of the purchase price of any such unit which proves defective within ninety (90) days After delivery to the first user, provided that the unit is returned to it with all transportation charges prepaid, And which shall appear to its satisfaction, upon inspection by it, to have been defective material or workmanship. No actual warranty, express or implied, is made or authorized to be made or assumed with respect to products of Food Packaging Warehouse or its Affiliates other that herein set forth.
LINKS
This Site may include links to other sites that contain information created, published, maintained, or published by organizations independent of Food Packaging Warehouse and its Affiliates. Packing in Style provides these links only as a convenience, and does not endorse, approve, certify these external sites and does not guarantee the accuracy or completeness of information located at these sites, nor does Food Packaging Warehouse endorse or promote the products or services of these linked sites. Food Packaging Warehouse reserves the right to remove these links at any time and without notice.
Other parties may provide links to this Site without obtaining approval of Packing in Style, as long as such links do not include frames or other features that distort, mischaracterize, disparage, demean, or misrepresent the source of ownership of materials or information provided on this Site.
PRODUCTS AND PRICING
All products or services sold through Food Packaging Warehouse or its Affiliates are subject to the terms and conditions of the sale in effect at the time of that sale. Links of these Terms and Conditions can be found on the home page of the Food Packaging Warehouse Site. Terms of Conditions of Sale, product prices, configurations and availability are subject to change at any time by Food Packaging Warehouse.
TERMS & CONDITIONS OF SALE
Buyer shall indemnity Food Packaging Warehouse, its successors, assigns and subsidiaries (whether direct or indirect) against any and all losses, damages and expenses, including attorneys fees and other costs of defending any action, which they, or any of them, may sustain or incur as a result of a claim of negligence, breach of warranty, strict liability in tort or based on any other theory of lay in connection with the delivery, distribution and use of the materials furnished hereunder. Buyer shall pay to seller all sellers’ costs, charges and expenses, including court costs and attorney’s fees, incurred in enforcing buyer’s obligations under this agreement or incurred by seller in any litigation, negotiations, or transactions in which buyer causes seller, without seller’s fault, to become involved or concerned.
PRICE NOTICE
Any prices we quote verbally, printed, or any prices appearing in this Site of its Affiliates are subject to change without prior notice.
DISCLAIMER
THE PRODUCTS, MATERIALS, OR INFORMATION DISPLAYED OR DESCRIBED ON THIS SITE MAY INCLUDE TECHNICAL INACCURIACIES OR TYPOGRAPHICAL ERRORS.
Food Packaging Warehouse MAY MAKE CHANGES OR IMPORVEMENTS AT ANY TIME WITHOUT NOTICE. THE PRODUCTS OR MATERIALS IN THIS SITE OR ITS AFFILIATES ARE PROVIDED ‘AS IS’ AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGMENT. PACKAING IN STYLE DOES NOT WATTANT THAT YOUR USE OF THIS SITE WILL WITHOUT ERROR, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER(S) THAT MAKE THIS SITE AVAILABLE ARE FREE OF VIRUSES, WORMS, OR ANY OTHER HARMFUL COMPONENTS.
Food Packaging Warehouse DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THIS SITE AND/OR THE MATERIALS OR PRODUCTS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABLITY, APLLICABILITY OR OTHERWISE. THE ABOVE RESTRICTIONS MAY NOT APPLY TO YOU, AS SOME JURISDICTIONS DO NOT PERMIT LIMITATIONS OF IMPLIED WARRANTIES AND/OR DAMAGES. NOTHING IN THIS SECTION SHALL AFFECT YOUR STATUTORY RIGHTS.
APPLICABLE LAW
By visiting this Site or its Affiliates, you agree that the laws of the State of Illinois, United States of America, without regard to conflict of law principals that would dictate selection of another jurisdiction’s laws, will apply to these Terms and Conditions of Use and any dispute of any sort that may arise between you and Food Packaging Warehouse or its Affiliates.
DISPUTES
Any disputes between you and Food Packaging Warehouse or its Affiliates arising out of your use of this or our Affiliated sites shall be submitted to final and binding arbitration as the sole and exclusive remedy for Such controversy or dispute, provided, that Food Packaging Warehouse or its Affiliates may commence action Against you in a court of law for infringement of Food Packaging Warehouse or its Affiliates’ intellectual property Rights. Any claim required to be submitted to arbitration shall be made by filing a demand for arbitration One (1) year following the occurrence first giving rise to the claim. The right and duty of the parties to Resolve disputes by arbitration shall be governed exclusively by the United States Federal Arbitration Act and will take place according to the Commercial Rules of the American Arbitration Association. The arbitration will be held in Lyons, Illinois. Each party shall bear all its own costs of arbitration, Except that the fees of the arbitrator shall be divided equally between the parties. The arbitrator shall have no authority to amend or modify the terms of this Agreement or to award punitive or exemplary Damages, and the award may be enforced by judgment in a United States Court of Law.
MODIFICATIONS TO TERMS AND CONDITIONS
Food Packaging Warehouse or its Affiliates can revise the Terms and Conditions at any time by modifying or Updating this posting. Your use of this Site or its Affiliates on or after the effective date of any such Modification or update will constitute your acceptance of these Terms and Conditions as modified and/or updated.
SEVERABILITY
If any of these terms and conditions is deemed invalid, void, or unenforceable for any reason, that Provision shall deemed severable and shall not affect the validity and enforceable of the remaining terms and conditions.
CHANGES
If the purchaser at any time changes within the general scope of any order and if such changes cause an increase or decrease in cost of, or the time required for the performance of any purchase order or any other order affected by such change, an equitable adjustment in the price, the delivery schedule or both shall be made and such order shall be modified accordingly.
SHIPMENT
Shipment generally will be accomplished FOB Food Packaging Warehouse’s warehouse. Any special or abnormal packaging required will add to the unit price of the item to be delivered or as a separate line item.
DELIVERY
Delivery will be accomplished within the time specified on this Site determined by Food Packaging Warehouse. If no time is specified, Food Packaging Warehouse will determined the best way for delivery based on normal ground delivery. In the event a delay in delivery occurs beyond a reasonable period of time, which delay is occasioned by fire, strikes, civil or military authority, war, riots, government action, energy crises, parental leave, the failure of date or dates of delivery of the products ordered hereunder shall be extended for a period of time lost by reason of any such delay.
PAYMENTS
Credit card authorizations are processed through a centralized authorization center for credit card payment approvals. If a credit card payment is declined by our authorization center, the payment will be considered void and your order will not be placed. Please be aware that individual banks will not be called for a credit card approval. The decision made by our authorization center will be final.
* International credit cards may not be used for the payment plan.
MATERIAL SHORTAGES AND ALLOCATIONS
In the event Food Packaging Warehouse is unable to in a timely manner materials sufficient to fulfill all of its orders on hand,
Food Packaging Warehouse shall have the right as a result of said order shortages to equitably allocate partial orders of products to be delivered to all purchasers on the proportionate basis. Unless specifically agreed in writing to the contrary, purchaser agrees to accept partial shipments.
INSPECTIONS
The purchaser shall inspect and accept any products delivered immediately after purchaser takes custody of such products. In the event the products are defective, the purchaser shall notify Food Packaging Warehouse in writing and give Food Packaging Warehouse a reasonable opportunity to correct any such defect by replacement of product or refund of payment determined by Food Packaging Warehouse. The purchaser shall deemed to have accepted any products and to have waived any such noncompliance in the event a written notification is not received by Food Packaging Warehouse within 15 days after the purchaser takes custody of the products delivered.
INSOLVENCY
Food Packaging Warehouse may cancel the whole or any part of any order in the event of the suspension of purchaser’s business, insolvency of purchaser, the institution, by the purchaser of others, of bankruptcy reorganization, arrangement of liquidation proceedings involving or affecting the purchaser or any assignment for the benefit of creditors of purchaser or receivership that purchaser places itself in or may be placed in. Such cancellation shall be deemed a cancellation for default of purchaser.
TAXES
Unless otherwise specifically stated in writing by Food Packaging Warehouse, prices quoted by Food Packaging Warehouse do not include sums necessary to cover any taxes or duties including but not limited to Federal, State, Municipal excise, sales or use taxes or import duties upon production, sale, distribution, or delivery of products hereunder. Any taxes or duties that are due and owing shall be paid by the purchaser. Accordingly, Food Packaging Warehouse reserves the right to revise any contract between itself and others to include any and all taxes or duties that may become due and Food Packaging Warehouse may involve purchaser for said additional amount. This cause shall survive the acceptance and complete performance of any order.
SET-OFF
All moneys owed under any order shall be due and payable at Lyons, Illinois and the purchaser is prohibited from setting off said sums due Food Packaging Warehouse under this order from sums, whether liquidated or not, that are or may be due the purchaser which arise out of a different transaction with Food Packaging Warehouse, its divisions, subsidiaries or affiliates.
VENUES
Cook County Illinois shall be the proper venue for any actions arising out of or because the breach of any agreement entered into with Food Packaging Warehouse.
ATTORNEY’S FEES AND SUIT COSTS
Should Food Packaging Warehouse have to initiate legal action to collect any moneys owed arising out of any order, or for any action related to any transaction, customer agrees to pay Food Packaging Warehouse attorney’s fees and all court costs.
TITLE
Title to the goods shall pass to the purchaser on identification of the goods to the contract. Purchaser grants Food Packaging Warehouse a security interest in the goods identified on this document, to secure payment of the purchase price, including all amounts that come due under the Sale Document.
NON-WAIVER
No course of dealing of failure of Food Packaging Warehouse to strictly enforce any term, right or condition of any contract shall be construed as a waiver of such item right or condition.
CHOICE OF LAW
The construction, interpretation and performance of any agreements entered into and all transactions under such agreements shall be governed by the laws of the State of Illinois.
CANCELLATION COSTS
In the event of cancellation of any order by purchaser, purchaser shall be liable for reasonable cancellation costs which shall not exceed the contract price for the items canceled.
RISK OF LOSS
Purchaser shall be liable for any loss which occurs after goods leave the FOB point which shall be Factory, Glendale Heights, Illinois, unless otherwise stated in Food Packaging Warehouse website or purchase forms.
ERRORS SUBJECT TO CORRECTION
All typographical, stenographic, and arithmetical errors are subject to correction.
