Terms of service
Terms and Conditions of Sale
These terms and conditions (these “Terms”) set out the obligations that you, the “Buyer” (“you,” “your” or other words with similar meaning) and we, Liqui-Box Corporation as “Seller” (“we,” “our,” “us” or other words with similar meaning), undertake in connection with our sale and your purchase of our products (“Products”) from www.liquibox-online.com. These Terms shall be deemed incorporated by reference in all communications that we exchange with you concerning any purchase and sale of Products. No terms in any future communications will bind you or us (each a “party” and together the “parties”). Any amendments or additional or different terms or conditions appearing in any purchase order or other communication from you or inferred by trade usage, course of dealing, or course of performance, even if purportedly adding to or modifying these Terms, shall not supplement or amend these Terms and shall not be effective or binding in any other way. We object to and negate such terms unless both parties clearly acknowledge them as modifications of these Terms in a writing signed by an authorized representative of each party. If there is any conflict between these Terms and the terms of a written agreement signed by an authorized representative of each party, the terms contained in that written agreement shall control. Clicking the box to indicate that you’ve read and accepted these Terms constitutes your acceptance of these Terms.
- Price. You agree to pay, in addition to the agreed price, all applicable taxes and shipping.
- Taxes. You will promptly pay us on demand the amount of any sales,excise, or other taxes imposed on us by any governmental authority based on the sale, purchase or delivery of the Products, unless you have provided us with an exemption certificate acceptable to that authority.
- Sales Outside the U.S. All orders are subject to the approval of the authorities in the country where Product is shipped. We have the option to cancel the order in full or partially if the government in the country where Products are shipped should impose any new tax of any kind whatsoever appertaining to the production, export and/or import, if you refuse to compensate us for such taxes. Further, you shall: (a) be responsible for determining U.S. export control classification and licensing requirements and obtaining any required licenses, (b) ensure that the Products comply with the laws of the country of destination, including any health, safety, registration, environmental or other requirements, and (c) upon our request, provide documentation sufficient to verify the final destination of Products.
- Delivery. You are responsible for selecting the shipping speed and paying all shipping costs. All shipping dates are approximate and not guaranteed. We are not responsible for delivery delays by the shipping company.
- Refunds. You have 60 days from the date of your order to return our Product(s). The instructions to request a refund and other terms governing returns are in our Return Policy located at https://liquibox-online.com/policies/refund-policy.
- Warranties. We warrant that the Products are of our standard quality and that we are conveying them to you free of liens or encumbrances. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, WE MAKE NO WARRANTY OF ANY KIND WITH RESPECT TO THE PRODUCTS, EITHER EXPRESS OR IMPLIED. THE PARTIES EXCLUDE ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND OF MERCHANTABILITY, AND OF TRADE USAGE OR DEALING, FROM ALL TRANSACTIONS BETWEEN THEM. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL REMEDIES.
- Liability. On receipt, you shall examine Products and, in the event of visible damage or non-conformance, (i) notify us and (ii) take photos of any visible damage or non-conformance. We accept no liability for visibly damaged or non-conforming Products that you do not report to us within 48 hours from when you receive them. You hereby waive all claims of any nature unless you disclose all ascertainable defects in particularity and in writing promptly upon discovery, and in any event within 30 days of your receipt of shipment. If we are satisfied that the condition of the Products has not deteriorated following delivery, at our discretion, we will repair or replace the defective Products or take them back and refund the price. You must commence any action based in whole or in part on the nonconformity of Products within one year after the date of delivery. YOUR SOLE REMEDY FOR ANY CAUSE OF ACTION ARISING OUT OF OUR SALE OF PRODUCTS TO YOU, INCLUDING NEGLIGENCE, IS EXPRESSLY LIMITED TO REPLACEMENT OF NONCONFORMING PRODUCTS OR PAYMENT OF AN AMOUNT NOT EXCEEDING THE PURCHASE PRICE OF THE AFFECTED PRODUCTS, AT OUR OPTION. IN NO EVENT WILL WE BE LIABLE TO YOU FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF ANTICIPATED SAVINGS, WASTED EXPENDITURE, OR FOR LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY OR LOSS OF GOODWILL EVEN IF WE ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS MAY EXIST. OUR AGGREGATED LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID US FOR THE PRODUCTS SUBJECT TO YOUR CLAIM.
- Force Majeure. Except for your obligation to pay us, neither party shall be liable or responsible for any resulting loss if the fulfillment of any its obligations to the other party is delayed or prevented (including partially) by any act by any governmental authority, act of war, terrorism or threat of terrorism, pandemic, natural disaster, strike, labor dispute, boycott, embargo, shortage of raw materials, unavailability or excessive costs of transportation, riot, lockout and civil commotion or by any cause not within the reasonable control of the party whose performance is interfered with, which by the exercise of reasonable diligence such party is unable to prevent, whether of the class of causes enumerated above or not. Upon occurrence of a force majeure event, the non-performing party shall notify the other party that a force majeure event has occurred and its anticipated effect on performance, including its expected duration. The non-performing party shall use reasonable diligence to resume performance.
- Governing Law; Jurisdiction. Any dispute or claim arising out of or in connection with our sale of Products to you, including any non-contractual disputes or claims (“Proceeding”), will be governed by and construed with the laws of the State of Illinois, United States. Subject to the remainder of this Section below, you irrevocably agree and acknowledge that the state courts of DuPage County, State of Illinois, United States are to have exclusive jurisdiction for the purpose of hearing and determining any Proceeding. You shall not claim, and expressly waives any right to, litigating any Proceeding in another jurisdiction. Nothing in this Section shall (or shall be construed so as to) limit our right to bring a Proceeding against you in the courts of any other jurisdiction in which you has assets to enforce a judgment against you.
- Compliance with Laws. Each party will comply, and will cause any person or entity acting on its behalf to comply, with all applicable legal, governmental and regulatory requirements, including but not limited to export, import, tax, environmental, anti-boycott, anti-money laundering, and anti-corruption laws (and for this purpose, the UK Bribery Act 2010 shall be deemed to apply). If you become aware of any breach or suspected breach of this Section, you shall immediately notify us and we may immediately suspend any order by giving written notice to you, pending an investigation into the breach or suspected breach. You shall assist us in any such investigation.
- Miscellaneous. The failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any provision of these Terms deemed unlawful, void or unenforceable shall be severable from these Terms and shall not affect the validity or enforceability of any remaining provisions. No benefits are to be conferred on any third party by these Terms and no third party shall have not have the right to enforce any of the Terms. These Terms contain the sole understanding and agreement of the parties with respect to its subject matter and supersedes all other such prior or contemporaneous oral and written agreements and understanding.