225 ml PET Foamer

PARKER PLASTICS, INC. AND ITS AFFILIATES (“PARKER PLASTICS”)
STANDARD TERMS AND CONDITIONS
(rev. May 2023)

1. Pricing. Price in effect on date of shipment will apply. Prices are subject to change due to resin, corrugate, color cost, and other input cost changes.
2. Payment Terms. Without prior approval, orders will be shipped prepaid. Payment terms and required forms of payment are subject to change without notice based on ongoing credit evaluation in Parker Plastics’ sole discretion. Parker Plastics may set-off or recoup amounts, if any, due to Customer against past due payments. Customer agrees to pay Parker Plastics for the costs of collection incurred, including attorneys fees, for accounts that become more than 30-days past due.
3. Incoterms. All pricing is FOB: Plant of Origin unless otherwise indicated.
4. Quantity Variance. Parker Plastics reserves the right to manufacture and ship 5% over or 5% under the order quantity stated in Customer’s purchase order.
5. Dunnage. Charges will be assessed for any dunnage materials utilized (frames, corner posts, air bags, load locks, specialty pallets, etc.) unless already incorporated into the quote.
6. LTL Shipments. Parker Plastics is not responsible for any product shipped via Less Than Truck Load (“LTL”) in which the trailer cannot be properly registered with a secure transportation numbered seal upon departing our facility. Furthermore, Parker Plastics cannot be held responsible for any damaged or contaminated product for LTL shipments due to exposure with other foreign materials and/or intermingled with any non-food grade chemicals during transportation or cross dock processes.
7. Product Returns. Product returns to Parker Plastics will not be accepted without written approval and a Return Materials Authorization (“RMA”) number assigned and stated on the return Bill of Lading.
8. Customer Credits. Overpayments and unutilized credits may be applied to any balance on account that is or may become past due. Requested refunds will only be processed for accounts in good standing and are subject to Parker Plastics approval. Credit accounts with balances older than two (2) years are subject to forfeiture.
9. Limited Warranty/Limitation of Liability/Defects. Products sold are warranted to: (i) be substantially free from defects in material and workmanship when sold and (ii) comply with applicable specifications for the products, within stated tolerances; provided, it shall be Customer’s responsibility to assure such specifications and tolerances will meet Customer’s and any third party buyer’s use and compatibility requirements. Parker Plastics limited warranty is conditioned upon Customer’s acknowledgement and agreement that Customer has examined and tested samples, or has intentionally and knowingly declined to examine and test samples, prior to the initial purchase of the product and the Customer has independently determined that the products (i) meet Customer’s and any third party buyer’s use and compatibility requirements, regardless of Parker Plastics knowledge of such requirements; (ii) are appropriate for and comply with laws relating to Customer’s and any third party buyer’s intended or actual use; and (iii) conform to compatibility and use requirements. If Customer is a reseller or distributor, the foregoing warranty conditions apply to the resale and distribution of products to third party buyers. OTHER THAN THE EXPRESS WARRANTIES AND REPRESENTATIONS MADE IN THIS SECTION, PARKER PLASTICS MAKES NO, AND HEREBY EXPRESSLY DISCLAIMS, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING, USAGE OF TRADE OR NON-INFRINGEMENT, OR THAT MIGHT OTHERWISE ARISE FROM ANY REPRESENTATIONS MADE BY OR ON BEHALF OF PARKER PLASTICS OR FROM ANY DESCRIPTION OR SAMPLE OF ANY PRODUCTS. PARKER PLASTICS FURTHER MAKES NO AND DISCLAIMS ANY WARRANTY (A) REGARDING THE COMPOSITION OF RECYCLED OR RE-USED RESIN CONTAINED WITHIN THE PRODUCTS OR (B) THAT PRODUCTS CONTAINING RECYCLED OR RE-USED RESIN COMPLY WITH LAWS, REGULATIONS, OR STANDARDS GOVERNING THE MARKETING, ADVERTISING, LABELING, SALE, OR DISTRIBUTION OF GOODS. PARKER PLASTICS’ LIABILITY FOR ITS ALLEGED BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, PRODUCT LIABILITY, RECALL LIABILITY, NEGLIGENCE OR OTHER CAUSE OR THEORY IS LIMITED TO REPLACEMENT OF DEFECTIVE PRODUCTS OR REFUND OF THE PURCHASE PRICE UPON TIMELY RECEIPT OF NOTICE REGARDLESS OF WHETHER PARKER PLASTICS HAS OR HAS NOT BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR OTHER DAMAGES. THIS LIMITED WARRANTY IS VOID WITH REGARD TO ANY PRODUCTS ALTERED, MISUSED OR SUBJECT TO NEGLECT OR ACCIDENT INCLUDING CUSTOMER’S FAILURE TO COMPLY WITH APPROPRIATE STORAGE AND HANDLING. PARKER PLASTICS SHALL NOT BE RESPONSIBLE TO CUSTOMER UNDER THIS LIMITED WARRANTY FOR FIT OR OTHER COMPATIBILITY PROBLEMS WHEN THE PRODUCTS ARE USED WITH GOODS OF ANOTHER MANUFACTURER. ADVICE PROVIDED BY PARKER PLASTICS RELATING TO THE PRODUCTS IS SUBJECT TO THE FOREGOING DISCLAIMER OF WARRANTIES AND LIMITATION OF DAMAGES PROVISION.
   
   UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF CAUSE, NOR WILL EITHER PARTY BE RESPONSIBLE FOR LOSS OF USE, LOSS OF CUSTOMERS, LOST PROFITS, INTERRUPTION OF BUSINESS OR COVER, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
   
   CUSTOMER AGREES IT IS ITS SOLE RESPONSIBILITY TO (1) EVALUATE COMPATIBILITY WITH FILLED OR FINISHED PRODUCT AND INTENDED USE; AND TO (2) EVALUATE COMPATIBILITY WITH ANY OTHER MANUFACTURER’S GOODS WITH WHICH THE PRODUCTS ARE INTENDED TO FIT OR BE USED.
   
   CUSTOMER ACCEPTS THE PRODUCTS WITH THE FOREGOING UNDERSTANDINGS IN THIS SECTION; AGREES TO COMMUNICATE THE SAME IN WRITING TO ANY SUBSEQUENT PURCHASERS, CUSTOMERS OR USERS, INCLUDING THIRD PARTY BUYERS; AND AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS PARKER PLASTICS AS SET FORTH IN SECTION 13.
   
   Any purported defects in workmanship with the product need to be submitted in writing within 30 days of receipt. Defects will be the responsibility of Parker Plastics, limited as described in this Section 9.
10. Surface Treatments. Surface treatment, if any, will dissipate with time and atmospheric conditions; therefore, Parker Plastics warranty for surface treatment is limited to 45 days.
11. Material Sourcing. Parker Plastics reserves the right to source all materials used in their process. Customers may specify a material or component with prior review and approval by Parker Plastics.
12. Support. Parker Plastics agrees to provide technical service support in the event of a quality problem.
13. Indemnification. In the event that Customer provides Parker Plastics with specifications for any product to be provided, Customer shall indemnify, defend and hold Parker Plastics harmless against all claims, liabilities, losses, damages, costs and expenses (including legal fees) resulting from or arising in connection with any actual or claimed infringement of any patent, copyright, mask work, trademark, trade dress, trade secret or other intellectual property, proprietary or contractual right of any third party, with respect to such product.
14. Confidentiality. The Parties acknowledge that (a) any information received by a Party (“Receiving Party”) from another Party (“Disclosing Party”) which Disclosing Party is obligated to keep confidential, (b) any information regarding Disclosing Party that is not generally known or readily ascertainable outside of the Disclosing Party, whether or not marked confidential and/or (c) Disclosing Party business records, finances, plans, marketing, customers, vendors, products, programs, techniques, technology, research, testing, specifications, and other activities, that become known to Receiving Party through disclosure, observation or otherwise (collectively, the “Confidential Information”) constitutes valuable confidential information of the Disclosing Party and others. Accordingly, Receiving Party agrees that it will not use or disclose Confidential Information received from Disclosing Party for any purpose other than performance under the supply agreement and will maintain in confidence and not disclose the Confidential Information (including the supply agreement) to any person or entity without Disclosing Party’s prior written consent.