East Texas Label Terms and Conditions
Applicability
All sales and contracts for sale of all products (“Products”) by any entity (in)directly controlled by East Texas Label, LLC (“Seller”) are subject to Purchaser’s (“Buyer” “ Purchaser” “Customer”) consent and agreement to these General Terms and Conditions of Sale (“the Conditions”) and Seller’s order confirmation form issued to Purchaser. Seller hereby objects to any terms or conditions contained in any purchase order or other communication of any kind from the Purchaser that is conflicting, inconsistent or additional to the Conditions. No waiver, alteration, addition or modification of the Conditions shall be valid unless made in writing and signed by an authorized representative of Seller; otherwise, no employee or agent of Seller has authority to alter the terms and conditions herein. The Conditions constitute the entire agreement between the parties, and supersede all prior or contemporaneous oral or written understandings, negotiations, warranties, or agreements of any kind. In the case of a conflict between the Conditions and a written contract signed by both parties, the following order of precedence shall apply: (1) a fully executed contract between the parties such as a Supply Agreement (and/or rebate agreement); and (2) the Conditions. The Seller reserves the right to modify the Conditions unilaterally.
These terms and conditions set forth also apply to the viewing, purchasing and sale of products through www.Easttexaslabel.com (the “site”). By viewing this site, placing an order or completing a purchase, you agree to be bound by and accept these terms and conditions set forth.
Ownership of Materials, Trademarks and Copyright
The information contained in this site including all images, designs, photographs, text and other materials (the “contents”) are copyrights, trademarks, or other intellectual property owned or licensed by East Texas Label or its affiliates, or are the property of their respective owners. The contents of this site may not be copied, republished, downloaded, transmitted, mirrored or reproduced without the prior written permission of East Texas Label or the applicable copyright owner.
Limitation of Liability
East Texas Label 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. East Texas Label is not responsible for delays in delivery which result from any circumstances beyond its control. East Texas Label aggregate liability shall not exceed the purchase price paid for any products purchased through this site, or, if no such products were purchased, ten dollars ($10.00).
Pricing and Specifications
All information regarding pricing, products and services is subject to change. East Texas Label reserves the right to make adjustments to 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 net and do not include shipping charges, handling fees, taxes and/or duties or special crating requirements for export shipment. Those customers who claim exemption from taxes or duties are responsible for providing East Texas Label with the necessary documentation at the time of purchase or taxes will be added to their order. East Texas Label strives to maintain prices at the lowest level. Occasionally, prices change without notice due to circumstances beyond our control.
Shipping
Most products are shipped F.O.B. point of origin from the nearest East Texas Label warehouse to your location. USPS is used whenever possible. However, should your order exceed USPS size or weight limits, “Common Carrier” will be selected to expedite delivery. For rush shipments, please request FedEx, UPS Air; Next Day, 2nd or 3rd day or Freight Collect through our office call center. Any additional charges for services requested by the customer, including but not limited to inside delivery, special routing, residential delivery or pre-delivery notification must be paid by the customer.
Inside Delivery
Please specify if you need inside delivery when placing your order. UPS does not charge for this service. However, there may be a charge when using a freight carrier.
Returns
If for any reason you are dissatisfied with a purchase you made from East Texas Label; you may return the merchandise within 30 days. Please contact customer service at 903-994-2592 for an authorization number and return the merchandise within 30 days. Due to their nature, custom and made-to-order products cannot be accepted for return unless the product was initially defective.
If a product is damaged during delivery to you via a freight carrier, note the damage on the carrier’s delivery receipt and request an inspection report on the damaged shipment from the carrier to be forwarded to you within 10 business days. Forward the inspection report and original packing list to East Texas Label and we will file a claim on your behalf and immediately replace the damaged item(s). If a product is damaged during delivery to you via UPS or Parcel Post, you must note the extent of the damage on the back of the packing list. Once complete, forward the form to East Texas Label and hold the damaged materials for disposition instructions.
Payment Terms
For those customers with established East Texas Label credit, payment terms are net 30 days from the date of invoice. In addition, East Texas Label accepts all major credit cards at the time of order. COD is only available for those orders picked up at an East Texas Label warehouse.
Applicable Law
This site is controlled by us from our offices within the State of Texas, United States of America. By accessing this site, 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 this site. Any litigation will be brought exclusively in Hopkins County, Texas and customer consents to the jurisdiction of the Federal and State Courts located therein, submits to the jurisdiction thereof and waives the right to change venue.
Default
If Buyer does not comply with its obligations under these Conditions and if allowed by the applicable law, Buyer shall promptly be deemed to be legally in default, without any notice and without legal action being required. In that case and unless otherwise agreed: (i) Seller shall be entitled to suspend its obligations under these Conditions including but not limited to suspending the supply of Products without relieving Buyer from its obligations, and (ii) all amounts and interests payable by Buyer shall become immediately due to Seller without any rebate allowance. Seller may also terminate the order or any part hereof if Buyer has filed for bankruptcy or other insolvency proceeding. In the event of termination for cause, Seller shall not be liable to Buyer for any amount.
Confidentiality
Purchaser shall not disclose to any third-party confidential information received from Seller in connection with the sale and/or sales related agreement, such as the price agreed between the Parties, and shall use this information exclusively in fulfilling its obligations and commitments towards Seller, except as required by law or with written approval of Seller.
Variations
Slight variations in quality, quantity, format, color, hardness and/or satin finish shall not constitute grounds for rejection of the Products. The Customer Care Centre of Seller shall assess whether a delivery differs beyond the limits set out in the Customer Product Specifications (CPS) and Seller’s General Service Policy.
Technical Information and Samples
All statements, technical information and recommendations concerning the Products sold or samples provided by Seller are based upon tests believed to be reliable, but do not constitute a guarantee or warranty. It is the sole responsibility of Purchaser to independently determine, prior to use, that Products are suitable for the purposes of Purchaser.
Severability
Each paragraph and provision hereof are severable and if any provision is held invalid or unenforceable the remainder shall nevertheless remain in full force and effect.
Governing Language
These conditions are written and governed by the English language.
Entire Agreement
These terms and conditions constitute the entire agreement and understanding between you, the customer, and East Texas Label concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto, including any oral statements made by East Texas Label representatives or any alternate terms supplied by you to East Texas Label unless otherwise agreed to by East Texas Label in writing. To the extent that anything in or associated with site is in conflict or inconsistent with these terms and conditions, these terms and conditions shall take precedence.
August 2019