Terms and Conditions
These Terms and Conditions (“T&Cs”) apply to Sailor Plastic’s Samples, Quotations, Shipping, Orders, Acknowledgements, Invoices and any and all sales of goods. With respect to, and only to the extent of, Sailor Plastic’s samples, any references (other than in Sections 1, 3, 6(b), 7, 10-13) in these T&Cs to Sailor Plastic’s sale of goods or Purchaser’s purchase of goods, shall be deemed to refer to Sailor Plastic’s provision of samples to you and your request for samples. In such instances, “Purchaser” shall be deemed to refer to you, the party requesting the samples, and “goods” shall be deemed to refer to the samples.
1. Exclusive Terms and Condition
Sailor Plastics does not accept any terms and conditions for the sale of goods other than those expressly set forth below and Sailor Plastics hereby offers to sell its goods only on the terms set forth in these T&Cs. Purchaser’s issuance of a purchase order and/or payment for such goods shall constitute Purchaser’s assent to these T&Cs notwithstanding any inconsistent or additional provisions presented by Purchaser, whether on Purchaser’s purchase order or otherwise. Sailor Plastics rejects any inconsistent or additional provisions presented by Purchaser. These T&Cs of sale supersede all prior purchase orders, agreements, discussions, negotiations, proposals or communications.
2. No Warranty.
SAILOR PLASTICS MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO GOODS INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER MATTER, AND SAILOR PLASTICS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OR LIABILITY RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FUNCTIONALITY, OR DECORATING, LABELING OR PRODUCT COMPATIBILITY, REGARDLESS OF WHETHER GOODS ARE USED ALONE OR IN COMBINATION WITH OTHER PRODUCTS PURCHASED OR ORDERED EITHER FROM SAILOR PLASTICS OR FROM OTHER THIRD PARTIES. IN NO EVENT SHALL SAILOR PLASTICS BE LIABLE TO PURCHASER OR ANY OTHER PERSON FOR LOSS OR DAMAGE ARISING, DIRECTLY OR INDIRECTLY, FROM THE USE OF GOODS OR ANY ALLEGED BREACH OR FROM ANY OTHER CAUSE REGARDLESS OF WHETHER OR NOT SAILOR PLASTICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND PURCHASER ASSUMES RESPONSIBILITY FOR ALL BODILY INJURY OR PROPERTY DAMAGE RESULTING FROM THE HANDLING, POSSESSION OR USE OF GOODS BY PURCHASER OR ITS CUSTOMER OR OTHER END USER. PURCHASER’S SOLE REMEDY WITH RESPECT TO GOODS SHALL BE AS SET FORTH IN SECTION 3 BELOW.
3. Sole and Exclusive Remedy; Claims and Returns; Acceptance of Goods
Goods that do not conform to the specifications set forth in Sailor Plastic’s Acknowledgement (or in the case of an online purchase via credit card or otherwise without an Acknowledgement or invoice, to the on-line specifications) may be returned to Sailor Plastics only in accordance with the provisions of this Section 3 and the Sailor Plastics Return and Refund Policy. Buyer has five (5) business days from the receipt of the goods (confirmed by shipping delivery records) to place a claim for shipping damage, shorted or incorrect product shipments with Sailor Plastics. The buyer is responsible for carefully examining all shipments before signing a bill of lading or delivery sheet; the buyer must note all damages and shortages when signing. All claims for shipping damage, shorted or incorrect product shipments must be made in writing and sent to Sales@sailorplastics.com along with a complete written description of the shipping damage, shortage of items or incorrect item(s). Must include photos of the damaged items if practical. Any damages or shortages of goods delivered after the bill of lading or delivery sheet has been signed (acknowledging to the transportation company that the goods were delivered in good condition) cannot be accepted for a claim at a later date. Within fifteen (15) calendar days of receipt of the goods (confirmed by shipping delivery records) buyer must give notice in writing to Sailor Plastics at Sales@sailorplastics.com of any claim by buyer based on condition, quality or grade of products or of any nonconformity to Sailor Plastics’ data sheet specification. Buyer’s failure to comply with this policy will constitute acceptance by buyer and constitutes a final sale requiring buyer to pay Sailor Plastics. Accepted products are not returnable without Sailor Plastics’ prior approval. Returns for non-quality issues must follow the following: Shipments of single cases up to the quantity of one hundred seventy-six (176) cases may be returned only with written preauthorization and at the sole discretion of Sailor Plastics, if returned within thirty (30) calendar days of original shipment date from Sailor Plastics as indicated in shipment documents. All return shipping costs will be at the expense of the buyer. However, if Sailor Plastics’ Sales acknowledgement indicated that the order is non-cancelable and nonreturnable, no return is possible. All product must be unopened and re-sellable condition which is determined at the sole discretion of Sailor Plastics. No partial cases or cases that show signs of being opened or tampered with will be accepted for return. There will be a 20% restocking fee charged for handling the return. If repackaging is required, another 20% fee may be imposed. After review of the returned goods Sailor Plastics, at its sole discretion, will issue credit to the buyer’s account. Shipments in excess of one hundred seventy-six (176) cases are non-cancelable and nonreturnable unless stated in writing by Sailor Plastics at the time of order. No refund or claim, whether as to goods delivered or for non-delivery of goods, shall be greater in amount than the purchase price of goods in respect of which such damages are claimed. The purchase price expressly excludes any and all freight and handling charges, taxes, customs, and import-export fees, duties, and tariffs; except to the extent that Sailor Plastics receives a corresponding refund for same.
4. Purchaser’s Responsibility.
PURCHASER IS SOLELY RESPONSIBLE FOR DETERMINING: (1) THE ADEQUACY OF GOODS FOR THE PARTICULAR PURPOSE AND USES CONTEMPLATED BY PURCHASER, ITS CUSTOMERS, OR ITS ULTIMATE USERS; (2) WHETHER GOODS SOLD HEREUNDER ARE SUITABLE FOR PURCHASER’S OR THE ULTIMATE USER’S PURPOSE OR COMPATIBLE FOR THEIR CONTENTS; AND (3) THE PROPER METHODS OF FILLING GOODS AND THE COMPATIBILITY AND FIT OF CLOSURES OR ANY OTHER PRODUCTS USED IN COMBINATION WITH GOODS. PURCHASER ASSUMES ALL RISKS AND LIABILITY FOR RESULTS OF USING GOODS PURCHASED FROM SAILOR PLASTICS, WHETHER USED ALONE OR IN COMBINATION WITH OTHER PRODUCTS. PURCHASER IS EXCLUSIVELY RESPONSIBLE FOR CLEANING GOODS AND FOR MEETING ANY SANITIZATION, STERILIZATION, AND OTHER REQUIREMENTS OF THE FILLING AND PACKAGING PROCESSES AND PURCHASER’S INTENDED USE OF GOODS. WITHOUT LIMITING THE PROVISIONS OF SECTION 2 ABOVE OR THIS SECTION 4, SAILOR PLASTICS DOES NOT WARRANT THAT GOODS ARE SANITIZED OR STERILE.
5. Technical Assistance.
At Purchaser’s request, Sailor Plastics may provide limited technical assistance and information regarding the use of goods; SAILOR PLASTICS DISCLAIMS ALL RESPONSIBILITY AND LIABILITY OF ANY SUCH TECHNICAL ASSISTANCE OR INFORMATION. Purchaser agrees that any such assistance is provided without any warranty or guaranty by Sailor Plastics and Purchaser assumes sole responsibility for the results obtained in reliance thereon.
6. Limitation of Liability.
(a) Sailor Plastics shall have no liability for samples that are not provided. In the event the samples provided hereunder are defective or undesirable in any respect, Purchaser’s exclusive remedy against Sailor Plastics is to request a replacement. The aggregate liability of Sailor Plastics with respect to samples, whether based on an alleged breach or any other theory of liability, shall not exceed the value of the samples, as determined by Sailor Plastics, in its sole discretion, non-conforming or defective. Samples are not provided for resale.
(b) THE AGGREGATE LIABILITY OF SAILOR PLASTICS WITH RESPECT TO GOODS SOLD TO PURCHASER, WHETHER BASED ON AN ALLEGED BREACH OR ANY OTHER THEORY OF LIABILITY, SHALL NOT EXCEED THE PRO-RATA PORTION OF THE PURCHASE PRICE (EXPRESSLY EXCLUDING ANY AND ALL FREIGHT AND HANDLING CHARGES, TAXES, CUSTOMS, AND IMPORT-EXPORT FEES, DUTIES, AND TARIFFS) APPLICABLE TO GOODS DETERMINED BY SAILOR PLASTICS, IN ITS SOLE DISCRETION, TO BE NON-CONFORMING OR TO BE THE SOURCE OF THE CLAIM.
(c) SAILOR PLASTICS SHALL NOT BE LIABLE FOR LOSS OF USE, LOST PROFITS OR ANY OTHER SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES REGARDLESS OF CAUSE.
7. Delayed Delivery and Storage.
Sailor Plastic’s prices and terms of delivery in effect on date of shipment shall govern. Sailor Plastics will endeavor to accommodate Purchaser’s requested shipment and delivery dates, however, no such dates are guaranteed, and Sailor Plastics has no liability whatsoever, for delayed shipment or delivery of goods. Shipment is contingent on, among other things, availability at Sailor Plastic’s supplier; delivery is contingent on, among other things, the supplier and the carrier and the speed of clearance of goods through customs. Sailor Plastics does not warrant availability of goods. If Purchaser requests partial, staggered, or delayed delivery, Sailor Plastics reserves the right to require payment for all completed deliveries before making further deliveries and to increase the price for additional production, transportation or other costs, other terms to the contrary notwithstanding. All goods ordered by Purchaser pursuant to a purchase order will be subject to storage charges from the date available if not released within sixty (60) days from the date available and subject to billing for the total value of merchandise.
8. Force Majeure.
Sailor Plastics is not responsible for any loss or damage occurring by reason of delay or inability to deliver caused by acts of God; severe weather; war; common disaster; fires; strikes; labor disruptions; curtailment of Sailor Plastic’s operations; delays in delivery of material or goods by suppliers; imposition of governmental embargoes, regulations, price limitations or controls; accident; delays of common carriers; delays in customs clearance; or from any other cause which is unavoidable or beyond Sailor Plastic’s reasonable control. Any delivery date may be extended, at Sailor Plastic’s option, to the extent of any delay resulting from a force majeure event.
9. Amendments or Modifications.
NO REPRESENTATIVE OF SAILOR PLASTICS IS AUTHORIZED TO MAKE ANY ORAL COMMITMENTS, PROMISES, WARRANTIES, REPRESENTATIONS, OR MODIFICATIONS OF THESE T&CS. SAILOR PLASTICS SHALL NOT BE CONTRACTUALLY BOUND TO ANY PROVISION OR ANY AGREEMENT OF ANY NATURE UNLESS EXPRESSLY AGREED IN A WRITING EXECUTED BY AN AUTHORIZED OFFICER OF SAILOR PLASTICS.
10. Risk of Loss; Quantity.
Sailor Plastics is not responsible for damage of goods in transit, or any loss after shipment has been received by carrier. Purchaser assumes all risk of loss, shortage, or damage in transit, once goods are delivered to a carrier for shipment to Purchaser. Sailor Plastics reserves the right to deliver three percent (3%) more or less than the quantity specified in any purchase order.
11. Payment and Credit Terms; Service Charges and Fees of Collection.
All invoices are due upon presentment and shall be paid without deductions or setoff in U.S. dollars. Payment terms are net thirty (30) days from date of invoice unless otherwise specified in the invoice or if Purchaser is making an on-line credit card purchase via SailorPlastics.com. Sailor Plastics shall have the right to retain a lien on all unshipped goods and goods recovered in transit until all of Purchaser’s indebtedness has been paid in full. If any payment is past due, Sailor Plastics may impose a service charge of the lesser of the maximum amount allowed by applicable law. A service charge will be imposed on all returned checks. If any Purchaser, including a Purchaser with established credit, fails to make payment within the specified terms, Sailor Plastics may, in addition to any and all other remedies available at law or in equity, defer shipment of goods or may, at its option, cancel all or any part of any unshipped order. Sailor Plastics shall have the right of setoff and deduction for any sums owed. Purchaser agrees that any credit balance transaction not applied or requested within one (1) year will be subject to forfeiture, and Sailor Plastics shall have no further liability. In the event Sailor Plastics refers Purchaser’s account for collection or retains counsel to enforce its rights against Purchaser, then whether or not suit is instituted, Purchaser agrees to pay Sailor Plastics all of Sailor Plastic’s attorneys’ fees and expenses and other costs of collection.
No order in process of production is subject to cancellation, deferment of delivery, or change in specifications without advance written consent of the Sailor Plastics by one of its authorized officers. Purchaser will be responsible to pay the full purchase price if goods are manufactured in response to a purchase order cancelled by Purchaser prior to (or after) shipment. CUSTOM ITEMS ARE ALWAYS NON-CANCELLABLE AND NON-RETURNABLE.
We collect full payment at the time you place a backorder. If you are not comfortable with paying in advance, please contact us and we will notify you when the item is back in stock. If you would like to change or cancel your backorder, please contact us. We can cancel your backorder and issue a full refund, add or remove an item or items, change the shipping method, etc. before your order is in shipping. We have a 6 month window to refund your credit card for a backorder. If you request to cancel your backorder after 6 months, we may need to issue a refund by mailing a check or issuing in store credit. If an item on your online order is backordered, we will send a backorder notice to the email provided. We will ship your order as soon as the backordered product is available. If there is an in stock item and a backordered item on your order, our standard policy is to ship the order complete. If you would like us to ship the in stock item(s) first, please reply to your backorder notice with authorization to ship a partial order. Partially shipping your order may incur additional shipping fees. If we do not receive a response to our backorder notice for a partial order we will assume you would like your order shipped complete. Phone Orders: Once your backordered item is manufactured and prepared for shipment, a representative will reach out to collect payment and any other information needed. If we do not receive a response after 3 attempts over 5 business days, a final attempt to collect payment will be made, if we do not receive any correspondence the order will be canceled and the inventory will be reallocated
14. Governing Law and Exclusive Jurisdiction.
All transactions between Purchaser and Sailor Plastics shall be deemed to be entered into in the State of Minnesota and shall be governed by the laws of Minnesota, without regard to conflicts of law principles. By accepting these T&Csand/or by purchasing goods, Purchaser hereby submits to the exclusive jurisdiction of the State and Federal courts in Minnesota for any dispute arising from, concerning, or relating to these T&Cs or any transaction between or involving Purchaser and Sailor Plastics; provided, however, that Sailor Plastics may enforce any judgment in any jurisdiction.
15. Delivery, Handling Charges, Taxes, Customs, Duties, and Tariffs
Unless expressly stated otherwise in a Quotation or Invoice, the Purchase Price does not include freight charges, special handling charges, taxes, customs and import-export fees, duties and tariffs.
16. Consent to Use of Image for Sailor Plastic’s Marketing Purposes
Purchaser hereby consents to Sailor Plastic’s use (for Sailor Plastic’s marketing purposes only), on Sailor Plastic’s website, the SailorPlastics.com website, and in Sailor Plastic’s marketing materials, of images of goods sold by Sailor Plastics to Purchaser, including, without limitation, when such goods are filled and decorated. Purchaser acknowledges that it shall not receive, or be entitled to receive, any compensation or other benefit due to Sailor Plastic’s use as set forth in this Section.