Terms and Conditions

 

  1. ACCEPTANCE – Any purchase order issued by Buyer and received by MPI Labels is considered Buyer’s acceptance of the terms and conditions contained herein. MPI Labels hereby objects to any additional, different, or conflicting terms or conditions set forth in Buyer’s purchase order. No terms or conditions of Buyer’s purchase order shall be effective unless accepted by MPI Labels in a signed document expressly stating an intent to accept such terms or conditions.
  2. TAXES AND DUTIES – The amount of all applicable taxes (federal state or local) will be charged unless the purchase order clearly states that the equipment or goods are tax exempt and/or a current exemption certificate is on file at MPI Labels’ location. Any personal property taxes assessable on the equipment or goods required for delivery shall be borne by Buyer.
  3. DELIVERY – Deliveries shall be Ex-Works Factory unless otherwise stated in written agreement. Shipping dates given by MPI Labels are approximate and are based on prompt receipt of all necessary information regarding the order. MPI Labels will use all reasonable efforts to meet the requested shipment date but does not guarantee to do so. Failure to make shipments as scheduled does not constitute a cause for damages of any kind.
  4. PAYMENT – unless agreed otherwise in writing, payment term is net 30 days from the date of invoice. Time is of the essence for payment of invoices and payment is material to the sale or contract for sale of products. In the event MPI Labels uses a third-party collection agent or initiates a collection action to recover a debt, MPI Labels shall be entitled to recover attorney fees, expenses and costs associated with such collection of unpaid amounts. MPI Labels may, without notice to Buyer, hold or reject Orders, hold or cease shipments of confirmed orders, alter or revoke credit terms, and/ or require payments in advance, if MPI labels determines in its sole discretion that Buyer’s financial condition or payment history do not justify new orders, shipping product, or continuing credit terms.
  5. TITLE AND RISK OF LOSS – Risk of loss or damage to the equipment or goods shall pass to Buyer Ex-Works MPI Labels’ plant. Buyer will keep the equipment or goods insured to the full purchase price with MPI Labels as the named loss payee, and MPI Labels retains a security interest in the equipment or goods until the purchase price is paid in full.
  6. RETURNS – No goods requiring repair or alleged to be defective may be returned without authorization and a Return Materials Authorization (RMA) by MPI Labels. Under no circumstances may products be returned without prior approval from MPI Labels.
  7. WARRANTY AND LIMITATION OF LIABILITY –
    1. MPI Labels warrants that the product you have purchased from MPI Labels is free from defect in materials and workmanship under normal use during the warranty period. The warranty period is one year and begins on the day of production by MPI Labels. During the warranty period, MPI Labels will evaluate any questionable product through our quality complaint process. Any product deemed defective by MPI Labels will be replaced by MPI Labels.
    2. This Limited Warranty extends only to products purchased from MPI Labels. This Limited Warranty does not extend to any product that has been damaged, modified, or rendered defective (a) as a result of accident, misuse or abuse; (b) as a result of an act of God; (c) by operation outside the usage parameters stated herein; (d) by modification of the product; (f) as a result of war or terrorist attack.
    3. EXCEPT AS EXPRESSLY SET FORTH IN THIS WARRANTY, MPI Labels makes no other warranties expressed or implied, including any implied warranties of merchantability and fitness for a particular purpose. MPI Labels expressly disclaims all warranties not stated in this limited warranty. Any implied warranties that may be imposed by law are limited to the terms of this express limited warranty.
  8. LIMITATIONS OF REMEDY- MPI Labels shall have no liability whatsoever for special, incidental, indirect, punitive, exemplary or consequential damages (nor for damages for injuries to persons or property, business interruption, diminution in value and lost profits, regardless of whether the damages are characterized as direct or consequential damages or otherwise) whether arising out of breach of contract, tort (including negligence) or otherwise, and regardless of whether such damages were foreseeable and whether or not MPI Labels has been advised of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy of its essential purposes. No liability of MPI Labels of any kind shall be greater in amount than the purchase price of the products or services in respect of which damages are claimed. Buyer’s sole and exclusive remedy is replacement of product or crediting of purchase price, in MPI Labels’ discretion. All claims, suits, or legal actions not filed by buyer within one year of the date a cause of action has accrued are waived and barred.
  9. GOVERNING LAW- These terms and conditions and all sales shall be governed by the laws of the state of Ohio.
  10. CREDIT POLICY – Credits expire one year after the date of issue and can only be applied to the purchase of products and services offered by MPI Labels.
  11. ENTIRE AGREEMENT – The provisions herein set forth constitute the entire terms and conditions of sale between MPI Labels and Buyer and supersede all prior Agreements, purchase orders, correspondence, and other communication, whether written or oral, between MPI Labels and the Buyer. No provision of these Terms and Conditions of Sale shall be subject to change except by the written authorization of a properly authorized representative of MPI Labels.