Customer Terms and Conditions of Sale

Payment: Cash, Credit Card, and Terms upon approved credit.  Download –  CREDIT APP & SALES AGREEMENT 2018

Credit Card fees: No fees to be charged when credit card is used within three business days of invoice. A 3% fee for payment with Credit Card will be added to the invoice total if payment occurs after three business days of invoice. A 3% fee for payment with Credit Card will be added to equipment down payments.

Minimum Order: $50 for stock items.

Freight: We pay for freight with purchases as low as $350.00 within the Portland, Oregon metro area, contact us to see if your order qualifies.

Samples: Available upon request for most items.

Custom orders: Subject to overruns and underruns of 10-25% depending on order quantity and product. We invoice for actual quantity shipped.

Returns: No returns accepted without prior authorization. Returned items must be in their original packaging, complete in their original selling unit of measure, unused and in salable condition. No partial bundles, cases, rolls, etc. will be accepted for return. Up to a 25% restocking fee plus freight may be charged. Claims for return must be made within 30 days of purchase. No returns on non-stock or custom items. Refund payment request will be processed within 30 days of return.

  1. The Terms and conditions of sale set forth herein confirm the offer of Subotnick Packaging (“Seller”) to sell and shall constitute the complete and exclusive statement of the agreement between Buyer and Seller which shall not be supplemented, varied or amended except as set forth in the provision of a quotation (which provisions shall govern where inconsistent with these Terms and Conditions) or by a separate written agreement signed by both parties. If this document shall be deemed an acceptance of a prior offer by Buyer, such acceptance expressly conditional on Buyer’s assent to any additional or different terms contained herein.
  2. All prices are stated in U.S. Dollars, and do not include any federal, state, or local taxes, which are in addition to the Purchase Price and must be paid by Buyer. All foreign duties and taxes are the responsibility of Buyer.  Any sales, use, excise or other similar taxes shall be added to the quoted purchase price and invoiced by Seller to Buyer unless Buyer furnishes Seller with tax exemption certificate.
  3. After acceptance by Seller, Purchase Orders shall not be subject to cancellation by Buyer except with Seller’s express written consent and upon terms that will indemnify Seller against all direct, incidental and consequential losses or damage.
  4. Upon default, the interest rate on all amounts due, including without limitation, principal, accrued interest, late fees, attorney fees, and any cost or expense relating to or arising from the protection of or foreclosure of any security interest in any collateral securing your account balance, shall bear interest at one and one-half percent (1.5%) per month, compounded monthly. Whether or not litigation is commenced, Buyer promises to pay all costs of collecting overdue amounts, including without limitation, costs and attorney fees incurred before trial, at trial, on appeal or proceeding under the bankruptcy code or receivership.  Title to equipment and/or products sold hereunder (“Products”) shall remain with Seller until the Buyer has paid the total sales price in full.
  5. Unless otherwise stated, the purchase price is FOB Shipping Point and Buyer is responsible for all shipping, packaging, and crating/skidding costs should they be required or requested.
  6. Shipping dates submitted are approximate. The Seller will use its best efforts to meet the approximate shipping date provided the Buyer supplies all necessary information, but Seller shall not be held responsible for failure to do so.  Any delays beyond Sellers reasonable control may affect the approximate shipping date.  Seller shall be subject to no penalty or liability for failure to meet an estimated shipping date and under no circumstances shall be liable for loss of profits or other consequential damages incurred by the Buyer, or its customers that may result therefrom.
  7. Buyer shall have the right to inspect the Product prior to shipment at Sellers location during normal business hours.
  8. Seller agrees to assist buyer in proper installation and training for proper use of equipment purchases. It is the Buyer’s responsibility to insure the site where the equipment is being delivered and installed shall be ready and adequate. Standard hourly rates will apply and may be invoiced separate from original invoice.
  9. Seller shall not be liable for failure to perform hereunder due to any contingency beyond reasonable control, including acts of God, fires, floods, wars, sabotage, accidents, labor disputes or shortages, government laws, regulations, ordinances or codes, inability to obtain material, equipment or transportation and any similar or different contingencies.
  10. Seller shall not be liable for and buyer shall release, indemnify and hold seller harmless from any claims, demands, damages, losses, and expenses, whether know or unknown, present or future, any and all liability, of and from any and all manner of actions, causes of action, including but not limited to suits for contribution and/ or indemnity and all suits in law, in equity, or under statute, of whatever kind or nature, on account of or in any way arising out of acts or omissions of buyer.
  11. Seller’s liability on any claim related to or arising from the manufacture, sale, delivery, re-sale, repair, replacement or use of the Product, whether in contract or tort, will not exceed the amount paid by Buyer for the Product. In no event, will Seller for any incidental or consequential damages, including, but not limited to, loss, profits or expenses incurred by purchaser for labor, overhead, transportation, installation or removal of the Product.
  12. The terms and conditions of sale as described herein shall be construed in accordance with the laws of the State of Oregon. The exclusive jurisdiction for all claims or disputes related to or arising from the sale of Product to purchaser shall be the Federal or State Courts in Portland, Multnomah County, Oregon.
  13. Quotations are for immediate acceptance and are subject to withdrawal, change and prior sale.

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