Performance Packaging Website Terms & Conditions

These terms & conditions apply to all parties that use www.performpkg.com and www.orderpackaging.com (the “sites”). By viewing, placing orders, corresponding, or completing transactions on the sites you agree to be bound by these terms & conditions. These terms & conditions are subject to change without notice.

Limitation of Liability

Performance Packaging LLC (PPKG) or its subsidiaries will not be liable for any indirect, special, incidental, or consequential damages, whether based on contract, tort, or any other legal theory, including without limitation loss of profits, loss of business, or other economic damages. PPKG is not responsible for delays in delivery which result from any circumstances beyond its control. PPKG’s aggregate liability shall not exceed the purchase price paid for any products purchased through this site, or, if no such products were purchased, one dollar ($1.00).

Pricing and Specifications

All information regarding pricing, products and services is subject to change. PPKG reserves the right to adjust pricing and products for reasons including, but not limited to, changing market conditions, discontinuation, unavailability, manufacturer price changes and errors in advertisements. Prices listed are for products only and do not include shipping charges, handling fees, taxes and/or duties or special requirements for export shipment. Those customers who claim exemption from taxes or duties are responsible for providing PPKG with the necessary documentation at the time of purchase or taxes will be added to their order. Occasionally, prices change without notice due to circumstances beyond our control.

Order Quantities

PPKG reserves the right to increase or reduce order quantities to standardized pack quantities as noted in the individual item descriptions. Customer agrees to accept order quantity changes when made. Customer agrees to pay for all items shipped and delivered independent of the actual quantity ordered.

Warranties

Customers acknowledge that PPKG is not the manufacturer of any of the products purchased hereunder. Any warranty with respect to the products must come from the manufacturer. PPKG will pass through to customers any applicable warranties of the manufacturer to the extent permissible. Notwithstanding anything to the contrary, PPKG's liability is limited to the replacement value of the products purchased from our sites. PPKG and our subsidiaries hereby expressly disclaim all warranties either express or implied, related to products, including, without limitation, any warranty of merchantability or fitness for a particular purpose, or warranty of noninfringement. This disclaimer does not affect the terms of the manufacturer’s warranty, if any.

Payment Terms

For those customers with established PPKG credit, payment terms are net 30 days from the date of invoice. In addition, PPKG accepts all major credit cards at the time of order. COD is only available for those orders picked up at a PPKG’s warehouse.

Applicable Law

This site is controlled by us from our offices within the State of Texas, United States of America. By accessing our sites, you agree that the laws of the State of Texas, without regard to conflicts of laws principles, will apply to all matters relating to the use of this site and the purchase of products available through our sites. Any litigation will be brought exclusively in Fort Bend County, Texas, and user consents to the jurisdiction of the Federal and State Courts located therein, submits to the jurisdiction thereof and waives the right to change venue.

Entire Agreement

These terms and conditions constitute the entire agreement and understanding between you, the customer, and Performance Packaging LLC and its subsidiaries concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto, including any oral statements made by PPKG representatives or any alternate terms supplied by you to PPKG unless otherwise agreed to by PPKG in writing. To the extent that anything in or associated with our sites is in conflict or inconsistent with these terms and conditions, these terms and conditions shall take precedence.