Terms & Conditions

Our Terms and Conditions outline the guidelines and policies governing the use of our products and services, ensuring a clear and secure experience for all customers.

TERMS OF SALE
Please read this document carefully. It contains very important information about your rights and obligations, as well as limitations and exclusions that may apply to you.

TERMS ARE EXCLUSIVE: This document contains the terms and conditions that apply to your purchase from Dry Pak Industries, Inc. (hereinafter “Dry Pak Industries, Inc.”). This document constitutes the complete and final agreement of you, the undersigned, (hereinafter referred to as “Purchaser”) and Dry Pak Industries, Inc. for the products described hereon. The terms and conditions contained in this document may not be added to, modified, supplemented or superseded by the use of any other documents including but not limited to any and all Purchaser documents. Any attempt to alter, supplement or amend this document will be null and void unless any such amendment or supplementation is agreed to as evidence by a signed approval by an authorized representative of Dry Pak Industries, Inc.. If Purchaser accepts any performance of Dry Pak Industries, Inc., Purchaser will be deemed to have accepted the terms and conditions of this document.

TERMS OF ACCEPTANCE: Payment in full is due upon receipt of invoice. However, the payment terms a Purchaser with approved credit are net 30 days after date of invoice which shall be the date of release to the warehouse for shipment. If payment is not received when due, there will be assessed a charge for financing at 1.5% per month or fraction thereof. On special items Dry Pak Industries, Inc. reserves the right to ship and bill ten percent (10%) more or ten percent (10%) less than the quantity covered by the order, necessary because of difficulties in material procurement and in production scheduling. If any order is not for an integral number of standard containers, Dry Pak Industries, Inc. reserves the right to ship, and Purchaser agrees to pay for, the nearest quantity possible in standard containers, even though this may raise or lower the quantity ordered.

PRICING: The prices shall be those in effect at the time of shipment for the particular product, grade and quantity shipped. Dry Pak Industries, Inc. reserves the right to amend its pricing without notice. If an order is delayed at the request of Purchaser and such delay causes increased cost, the additional cost will be billed to the Purchaser. Additionally, if costs for a particular product are increased by new governmental regulations or other reasons, beyond Dry Pak Industries, Inc.’s control, the increased cost shall be added to the Purchaser’s invoice.

TAXES: Unless noted on the face of this invoice, no sales, use or other product taxes are included, and any such taxes, where applicable, are the sole and exclusive responsibility of the Purchaser and must be paid by the Purchaser.

DELIVERY: Title to and risk of loss of the products will pass to Purchaser upon Dry Pak Industries, Inc. tender of delivery of the products to a carrier (F.O.B. Origin).

AVAILABILITY OF SUPPLIES: Delivery of the products ordered by Purchaser is contingent upon Dry Pak Industries, Inc.’s ability to obtain supplies, raw materials and services through its regular and usual sources. If, for any reason beyond Dry Pak Industries, Inc.’s control, Dry Pak Industries, Inc. is unable to meet anticipated deliveries or fill an order, Dry Pak Industries, Inc. will not be liable therefore and may postpone the delivery date(s) under this document for a period of time which is reasonable under all of the circumstances. Dry Pak Industries, Inc. uses its best efforts to stock those items which are standard and for which there is a constant demand and does its best to make rapid delivery of special items which must be manufactured. Accordingly, delivery dates quoted by Dry Pak Industries, Inc. are best estimates or approximations of delivery. Because of many factors which are generally beyond Dry Pak Industries, Inc.’s control, Dry Pak Industries, Inc. cannot guarantee delivery on a specific date (unless a specific delivery date is agreed to in a separate writing) and Dry Pak Industries, Inc. will not be responsible for any penalty charges if a delivery date is exceeded. Dry Pak Industries, Inc. reserves the right to ship in advance of a delivery date, if in Dry Pak Industries, Inc.’s opinion, this should be done to insure delivery within the time desired.

INSPECTIONS AND ACCEPTANCE: Each delivery of products will be inspected promptly by Purchaser for damage and defects. Purchaser must notify Dry Pak Industries, Inc., in writing, of any and all claimed damage or defects within ten (10) days of Purchaser’s receipt of the products. If Purchaser fails to so inspect or notify Dry Pak Industries, Inc., in writing, Purchaser will be deemed to have accepted the products and to have waived any claim for damage or defect. If purchaser inspects the products and promptly notifies Dry Pak Industries, Inc., in writing within ten (10) days of receipt of the product(s) of its claim that the products are damaged or defective, Dry Pak Industries, Inc. will review Purchaser’s claim, and if valid, as determined in the sole discretion of Dry Pak Industries, Inc., Purchaser and Dry Pak Industries, Inc. will agree upon the method and timing of resolving such damage or defect.

SECURITY INTEREST: It is understood and agreed that Dry Pak Industries, Inc. reserves and maintains a security interest in the products sold to secure Purchaser’s payment of the purchase price and any other charges owed by Purchaser, and Purchaser agrees that Dry Pak Industries, Inc. may (but is not obligated to) take appropriate actions to evidence and perfect such interest and that Purchaser will cooperate with Dry Pak Industries, Inc. in taking of such actions.

LIMITED WARRANTY, WARRANTY DISCLAIMER AND LIMITATIONS OR REMEDIES AND LIABILITIES: Dry Pak Industries, Inc. warrants to Purchaser, only for commercial use or resale, that at the time of delivery the products will conform (subject to variations acceptable within the industry) to the specifications set forth in this document. Any products determined by Dry Pak Industries, Inc., in its sole discretion, not to have been in conformity with the specifications will be repaired or replaced, at Dry Pak Industries, Inc.’s option, as long as Purchaser has acted in accordance with the paragraph above regarding inspections and acceptance. No item will be deemed defective or not in accordance herewith if such item conforms to previously accepted materials or if such item fits Purchaser’s parts or equipment or otherwise reasonably accommodates Purchaser’s intended purpose.

Except as set forth above or in a separate warranty given to purchaser by Dry Pak Industries, Inc., Dry Pak Industries, Inc. makes no other warranties concerning the products whatsoever. DRY PAK INDUSTRIES, INC. DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Purchaser agrees that Dry Pak Industries, Inc.’s obligation described in this paragraph is the sole remedy bargained for by Purchaser in lieu of all other expressed and implied warranties. In no event will Dry Pak Industries, Inc.’s liability exceed the paid purchase price of the products. Dry Pak Industries, Inc.’s obligation described in this paragraph will be Purchaser’s sole and exclusive remedy against Dry Pak Industries, Inc. for any liability with respect to products whether any claim for recovery is based upon or arises out of theories of contract, negligence, tort (including strict liability) or otherwise. IN NO EVENT WILL DRY PAK INDUSTRIES, INC. BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.

RETURNS: No product is to be returned to Dry Pak Industries, Inc. without written authorization of Dry Pak Industries, Inc.. Dry Pak Industries, Inc.’s products are sold on the basis that the Purchaser has examined them and made its own selection or determination of suitability. Although Dry Pak Industries, Inc. desires to help its customers make the best possible selection, the final decision is that of the Purchaser.

CANCELLATION: Cancellation of an order for a standard product will be accepted without charge only if the cancellation results in no monetary loss to Dry Pak Industries, Inc.. In the event that there is a monetary loss to Dry Pak Industries, Inc. for a cancelled order, said loss will be billed to the Purchaser. Cancellation of special products order(s) will be accepted on the terms that Dry Pak Industries, Inc. will refund only the savings in labor or material which Dry Pak Industries, Inc. can effect by not completing the order.

GENERAL: The contract arising hereunder will be governed by the laws of the state of California. If any of the provisions of this document are deemed invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will in no way be affected or impaired thereby.

The rights and remedies of Dry Pak Industries, Inc. herein will be cumulative and additional to any other or further rights and remedies provided in law or equity. Waiver by Dry Pak Industries, Inc. of Purchaser’s performance, or inaction with respect to Purchaser’s breach of any provision of this document will not be deemed a waiver of future compliance therewith or a course of performance modifying such provision, and such provision will remain in full force and effect as written.

In the production of the products and/or performance of the services covered by this document, Dry Pak Industries, Inc. has fully complied with the Fair Labor Standards Act of 1938, as amended, and all other applicable laws and governmental regulations.

LEGAL FEES: In the event Purchaser breaches this agreement, Purchaser agrees that it will be liable for all of Dry Pak Industries, Inc.’s attorney fees, costs and disbursements incurred as a result of Purchaser’s breach.

FORCE MAJEURE: Failure of Dry Pak Industries, Inc., in whole or in part, to perform its obligations hereunder when due, if occasioned by act of God, fire, explosion, flood, riot, war, insurrection, labor disputes, sabotage, accident, embargo, or by interruption or delay in transportation, or by any inadequacy or shortage or failure of supply of product, or by compliance with any order, direction, action or request of any court or of any governmental officers, department or agency, or by other causes beyond Dry Pak Industries, Inc.’s control which makes it impossible to perform, shall not subject Dry Pak Industries, Inc. to any liability to Purchaser. In such event, Purchaser may, at its option, either cancel such order in whole or in part or extend the period for performance to the extent of the delay occasioned by any such circumstance.

HEADINGS: The section headings used herein are for convenience of reference only and do not form a part of these terms and condition, and no construction or inference shall be derived therefrom.

In all cases clerical errors are subject to correction.

All Statements, technical information and recommendations herein are based on tests we believe to be reliable, but the accuracy and completeness thereof is not guaranteed, and the following is made in lieu of all warranties expressed or implied, including the implied warranties of merchantability and fitness for purpose: Seller’s and manufacturer’s only obligation shall be to replace such quantity of the product proved to be defective. Before using, user shall determine the suitability of the product for its intended use, and user assumes all risk and liability whatsoever in connection therewith. Neither seller nor manufacturer shall be liable either in tort or in contract for any loss or damage, direct, or incidental, or consequential, arising out of the use of or the inability to use the product. No statement or recommendation not contained herein shall have any force or effect unless in an agreement signed by officers of seller and manufacturer. This information is the property of Dry Pak Industries, Inc. and can only be revised or modified by Dry Pak Industries, Inc.