Acceptance of this offer indicates client’s full approval of the exact terms contained in the offer. For any omissions or alterations to be made, a new offer will need to be drafted.
Client will have read and verified all acknowledgements prior to signing this offer. If client has concerns about acknowledgments or if such acknowledgements are in conflict with client specifications, client will contact Rose Packaging immediately at: [contact info]
AUTHORITY OF ROSE PACKAGING EMPLOYEES AND AGENTS
Employees at Rose Packaging do not have the authority to make any amendments, omissions, or alterations to the terms detailed herein this contract without written approval from the project lead.
CANCELLATIONS, CANCELLATION FEES, AND OVERHEAD
Order cancellations will be subject to cancellation fees dependent on labor and materials already expended as well as an estimated loss of profits. In the event the an order for custom merchandise is cancelled, charges will be issued to cover labor, materials, overhead, and Rose Packaging’s anticipated profit on the custom merchandise. Any orders cancelled prior to production will be subject to a cancellation charge of $100.
CLAIMS – FREIGHT
Claims regarding damages or shortages incurred during freight or claims regarding losses in transit are to be made against the carrier by Client.
CLAIMS – MANUFACTURING
Any claims regarding defects material or workmanship on a product manufactured by Rose Packaging shall be made within 30 days of product delivery. Such claims MUST be made in writing—claims not given in writing shall be considered void. Rose Packaging requires the return of any product claimed to be defective.
Client shall not disclose confidential information or company secrets should such information be made available to them unless prior written consent is issued. Rose Packaging retains all rights to its processes and any innovations or patents that occur as a part of the manufacturing process for a custom item. Client gives Rose Packaging the right to use all completed products—including but not limited to sample images, cover art, logos, and sample products—for promotional purposes.
Rose Packaging, Inc. requires written confirmation to be provided for all orders or amendments to orders. Orders or amendments placed verbally or otherwise must be accompanied by a written confirmation.
DEFAULT IN PAYMENT
Client will pay all invoices before their respective due dates. Failure to do so will render all subsequent invoices due immediately and payable irrespective of terms. Failure to pay an invoice before its due date may also result in withheld deliveries and/or a cease in production. In such instances, client will also be responsible for service charges and collection expenses, include attorney fees.
Rose Packaging will make a good faith effort to meet all deadlines under normal circumstances. However, due to the unpredictable nature of manufacturing, factors outside of our control may hinder our ability to do so. In the instance of a delay in any point of the ordering process—regardless of the cause—Rose Packaging will not be liable for any damages suffered by Client.
Estimated delivery dates are merely estimates. They are calculated based upon current or anticipated manufacturing and ordering conditions. Rose Packaging will not be liable for losses or damages caused by delays.
DISPLAY and MARKETING
Rose Packaging reserves the right to use your product—and all materials created during the production process—for marketing purposes. This may include but is not limited to displaying pictures or descriptions on the Rose Packaging website or affiliate website(s); social media, press releases; the creation of advertisements; or displaying product samples either internally or publicly (trade shows, conferences, or other public events). Client may negotiate these terms by providing a separate written request detailing the ways that Rose Packaging may use these materials.
LATE PAYMENT CHARGES
A late payment fee of 1.5% per month on any unpaid balances will be made when any payment due dates are not met. In instances where this rate exceeds the maximum rate that is lawful, the maximum lawful rate shall apply instead. The lawfulness of the rate will be determined by the state of the Client’s designated billing office. Client will also incur reasonable attorney fees and any other costs related to the collection of these funds.
QUANTITY ADJUSTMENTS AND TOLERANCES
Rose Packaging reserves the right to increase or decrease production quantities by up to 10% when the process of production deems such adjustments to be necessary.
RETURN OF GOOD OR DEFECTIVE PARTS
Any return placed must be accompanied by a Return Materials Authorization (RMA)—failure to include an RMA number will render such returns to be void and a return credit will not be issued. In instances of a defective product, a replacement or credit may be issued. Products returned in good condition—as determined by Rose Packaging—will be subject to restocking fees dependent on circumstances. Returned products that have been tampered with will not be accepted. In all cases, shipping will be paid by Client.
Restocking fee time tables are as follows:
Returned within 1 week of initial delivery: 10% Restocking Fee;
Returned 7 to 30 days of initial delivery: 15% Restocking Fee;
Returned 31 to 60 days of initial delivery: 50% Restocking Fee;
Returns made 60 days or more after initial delivery will not be accepted.
CARRIERS AND DELIVERY
Unless otherwise specified by client, Rose Packaging’s logistics department will determine the best carrier and route for product shipping. Once produced is picked up by a carrier, ownership of the product is transferred to Client.
For international shipping, Rose Packaging will comply with all shipping requirements including but not limited to: documentation and declaration of value.
Pricing information on all products listed excludes any taxes to be incurred. In all ordering circumstances, Client is responsible for paying all applicable taxes on their purchased product or on the processes involved in the creation of that product.
TERMS OF PAYMENT
Rose Packaging will outline the terms of payment during the ordering process. Depending on the product and production involved in the order, Rose Packaging may offer either prepaid, partial, or Net Cash 30 day terms. Prepaid and partial payment balances shall be paid prior to the start of production. Net 30 invoices will be due and payable upon the date of shipment.
Rose Packaging reserves the right to alter or suspend credit at any time if it believes that the financial condition of the client warrants such actions.
ESTIMATED SHIPMENT INFORMATION
Shipping Estimates provided by Rose Packaging are approximations based on Rose Packaging’s best judgment—they are not binding.
Rose Packaging’s warranty protects against items that are determined to be defective. If an item, accompanied by a receipt, is returned within 30 days of purchase and that item is then determined by Rose Packaging to be defective, Rose Packaging will issue credit or replacement item to the Client.
All terms outlined in any agreement entered into by Rose Packaging will be governed by and adherent to the laws of the State of Colorado. Any legal matters arising during the terms of an agreement entered into by Rose Packaging shall be handled within the court systems of the State of Colorado.
Rose Packaging retains the rights to all conditions, terms, privileges, and rights outlined in any agreement it enters into—whether or not such conditions, terms, privileges, or rights are expressly asked of Client.