Terms and Conditions – Website and Online Purchases
July 16, 2020
THE SECTION BELOW TITLED “DISPUTES” CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
Acceptance of the Terms and Conditions
By using this Website, You represent and warrant that You are of legal age to form a binding contract with Berlin Packaging. If You are agreeing to these Terms and Conditions on behalf of a company or other legal entity, You represent that You have the authority to bind such entity to these terms and conditions, in which case the terms "You", "Your" or "Buyer" shall refer to such entity. If You do not meet all of these requirements, You must not access or use the Website.
Changes to the Terms and Conditions and the Website
We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms and Conditions means that You accept and agree to the changes. You are expected to check this page from time to time so You are aware of any changes, as they are binding on you.
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any functionality, features, service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.
You are responsible for:
- Making all arrangements necessary for You to have access to the Website.
- Ensuring that all persons who access the Website through Your internet connection are aware of these Terms and Conditions and comply with them.
If You have created an account with the Company, You shall maintain the confidentiality of Your username and password and any other information related to Your account or log-in procedure, including, without limitation, any PIN, multi-factor authentication credentials, or security questions and answers, (“Log-in Credentials”). Your Log-in Credentials may not be transferred to or shared with anyone. You are not permitted to allow anyone to log-in using Your Log-in Credentials. You shall notify the Website administrator at info@BerlinPackaging.com immediately if You become aware of any unauthorized use of Your Log-in Credentials or if the confidentiality of Your Log-in Credentials may have become compromised. You are responsible for all activity that occurs under Your Log-in Credentials. Company has the right (but not the obligation) to immediately suspend or terminate Your ability to access and use the Website if, in Company’s sole discretion, (a) Your use may cause harm to the Website or disrupt the ability of other users to use and access the Website, (b) fraudulent, unauthorized or illegal use of the Website is or may be occurring, (c) such suspension or termination is necessary or advisable to protect the Website, Company’s confidential information, Your data or the data of any other Company client, (d) Company may be required by law to suspend or terminate access, or (e) Your use of the Website is in violation of any other agreement between You and Company. You may be unable to access the Website from time to time in the event Company or its contractors are performing maintenance to or updating the Website, and such inability to access the Website may be due to scheduled or unplanned maintenance or updates.
Prices and product specifications are subject to change without notice. Prices billed will be those in effect at time of shipment with the exception of backordered items, which will be billed at the price in effect at the time the order is submitted. Prices will fluctuate up or down based on the prevailing market conditions for each type of raw material. Quoted prices do not include the exact tax amount. All such taxes will be added to your merchandise total, and will be itemized in Your invoice. You acknowledge and agree to pay charges incurred by You at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website or in your order confirmation at the time of Your order. We reserve the right to update prices due to errors, with or without notice to you. For questions about our most current prices, please call our Customer Care Advocates at 800.363.9822 or email info@BerlinPackaging.com.
All efforts are made to have accurate pricing and product specifications. In the event that a price or product specification is listed incorrectly, we reserve the right to refuse or cancel any orders placed for the product at the incorrect price.
Protected Content & Images
All product images are for illustrative purposes only. The actual product You receive may vary. Please refer to the product description for specific details of the product.
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, re-post, download, store, or transmit any of the images, content or other material on our Website except that You may print or download one copy of a reasonable number of pages of the Website for Your own personal, non-commercial use and not for further reproduction, publication, or distribution.
You must not:
- Modify copies of any materials from this Website.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.
If You are in breach of these Terms and Conditions, Your right to use the Website will stop immediately and You must, at our option, return or destroy any copies of the materials You have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.
The Company name, Trademarks set forth on our Trademark webpage, the Berlin Packaging logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners, and You must not use such marks without the prior written consent of the applicable owner.
Terms for Uploading Images or Logos to the Custom Label Creator
The Custom Label Creator may contain features that allow users to post, submit, upload or transmit (hereinafter, “post”) images, content or other materials (collectively, “User Contributions”) on or through the Website.
- You must own all rights in, or have the necessary permission to post, any User Contribution to this Website.
- It is Your responsibility to know if You have the right to post Your User Contribution to the Website. You are entirely responsible for any lawsuits brought against You if You choose to post or use a User Contribution that You do not have the legal right to use. You agree to indemnify and hold Berlin Packaging and the Indemnified Parties, (as defined below) harmless from any claims, losses, liabilities, damages, fines, costs and expenses (including reasonable attorneys’ fees, expert witness fees, and court costs) arising to of or related to any allegation brought against You or against Berlin Packaging or the Indemnified Parties relating to the use of the User Contribution. If in doubt, follow this guideline: If You did not take the photo or create the art, You need permission from the person who created it. If the image You want to use is copyrighted, it is a crime for You to use the photo or image without the written permission of the owner. As used herein, “Indemnified Parties” means Berlin Packaging and its affiliates, subsidiaries, third party contractors, service providers, licensees and licensors, and each of the officers, directors, employees, agents and representatives of the foregoing. Notwithstanding anything to the contrary herein, Your duty to indemnify and hold harmless Berlin Packaging and the Indemnified Parties will survive any expiration or termination of these Terms and Conditions.
- You warrant that You have permission to use the image(s) of all persons and properties appearing in Your User Contribution, and that You have secured all necessary rights of publicity from such persons.
- We reserve the right to remove images from the Custom Label Creator and our servers for any reason at any time.
- You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website (“Submissions”), provided by You to Berlin Packaging are non-confidential and Berlin Packaging will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Without limiting the prior sentence, You hereby assign to Berlin Packaging all rights in and to the Submissions, including any intellectual property rights therein at no cost to Berlin Packaging and free of all liens and encumbrances.
Any User Contribution You post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, You grant us and our affiliates, independent contractors and service providers, and each of their and our respective licensees, successors, and assigns the worldwide, transferable, perpetual, irrevocable, royalty-free, fully paid-up right and license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties (and to grant sublicenses of the same scope to third parties) any such material for any purpose, including without limitation, for the promotion of our products on our Website, in ads that promote our Website, and in any media now known or hereafter developed. Notwithstanding anything to the contrary herein, the license granted in this paragraph survives any termination or expiration of these Terms and Conditions.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates, independent contractors and service providers, and each of their and our respective licensees, successors, and assigns.
- All of Your User Contributions do and will comply with these Terms and Conditions.
User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Impersonate any person, or misrepresent Your identity or affiliation with any person or organization.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case. You understand and acknowledge that You are responsible for any User Contributions You submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by You or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to use any User Contributions or Submissions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms and Conditions, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
- Disclose Your identity or other information about You to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
- Terminate or suspend Your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms and Conditions.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS BERLIN PACKAGING AND THE INDEMNIFIED PARTIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. Notwithstanding anything to the contrary herein, this paragraph will survive any expiration or termination of these Terms and Conditions.
However, we do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.
Berlin Packaging may deliver notice to You by means of email to the email address You have provided to us, a general notice on the Website, or by other reliable methods, to the street address You have provided to us. In the event that a problem occurs with Your order, we will attempt to contact You via email or phone to resolve the problem. If, after two business days, we are unable to contact You to resolve the issue, we reserve the right to cancel Your order. It is Your responsibility to ensure that email spam filters are set to allow these notifications to be received successfully from Berlin Packaging.
Minimum Order Amount
Each order must have a minimum merchandise subtotal of $100 (excluding applicable taxes, fees, discounts and shipping costs). This minimum purchase amount must be met in order to place an order. Credit (Open Account)
To open an account, the initial order must exceed $250 and the company must be listed with Dun & Bradstreet (D&B). Unrated companies may submit five trade references with fax numbers for credit review. Assigned credit for unrated companies will be based on D&B rating and/or trade reference evaluation and may take several days to process. To reduce shipping delays while waiting for open account approval, You may pay with credit card or send remittance with Your initial order. Initial orders less than $250 must be paid with check, wire transfer, money order or credit card (all checks must clear before product will ship).
Open Account Payment Terms
Subject to credit approval, all invoices are payable upon receipt. If any items are on backorder, Your credit account will not be charged until the items ship. If payment is not received within 30 days, all prompt pay discounts (monetary/quantity discounts) are cancelled and full payment is due. Further, additional orders will not be shipped until payment is received in full. Open account balances may not be paid by credit card.
Company is relying upon Buyer’s representation of solvency and if Company at any time reasonably believes that Buyer is insolvent or its credit is impaired, Buyer shall be in material breach hereof and Company may, without liability to Buyer, withhold performance, change payment terms and/or repossess goods previously delivered. Title to goods shall remain in Company until payment in full is received. In extending any credit hereunder, Buyer shall pay to Company interest on the unpaid amount at the maximum annual rate permitted by law or 1-1/2% per month, whichever is less and if Buyer fails to pay according to the terms of this contract, Company may make such charges and may also collect the amount unpaid with Buyer being liable to Company for all costs of collection including attorney’s fees and court costs.
If Company shall at any time doubt Buyer’s financial responsibility, Company may demand adequate assurance of due performance or decline to make any further shipments except upon receipt of cash payment in advance or security. If Company demands adequate assurance of due performance and the same is not forthcoming within 10 days after the date of Company’s demand, Company may at its option (1) defer shipments under any order from Buyer which Company has accepted until adequate assurances are received or (2) cancel this order and any other order from Buyer which Company has accepted and recover damages.
Tax exempt customers buying for the first time must provide a copy of their tax exemption certificate within 5 business days of their initial order. If a valid tax exemption certificate has not been received within 5 business days, the order will be released with assessed tax.
Shipping & Handling
Parcel orders submitted prior to 3:00 pm CT on normal business days (with the exception of U.S. holidays, annual physical inventory days, inclement weather or extreme volume) will ship same day. Orders placed on weekends or holidays will ship the next business day. LTL orders will ship within 24-48 hours.
- Freight Prepaid: Unless requested otherwise, most orders ship via FedEx Ground “freight prepaid” with shipping & handling added to the invoice or order total.
- LTL Shipments: Rates for LTL shipments may not include additional fees such as residential delivery, lift gate, or delivery appointment notification. These fees will be added to Your invoice and are Your responsibility. If any of these special services are required, please note this in the Special Instructions & Notes field during checkout. Delivery requiring a signature is furnished upon request only.
- Collect Shipments: For collect shipments, please provide the appropriate carrier information & shipping instructions during Your phone order. For online orders, please include the carrier information and shipping instructions in the Special Instructions & Notes field at checkout. If at any point we receive a chargeback from a shipping carrier resulting from an invalid collect account, incomplete freight instructions, or an undeliverable shipment due to an invalid address, You are responsible for all shipping charges associated with that order along with an additional $25 fee.
- International Shipments: International orders are subject to a minimum merchandise purchase of $50. International orders will be shipped from our distribution center in Lockport, Illinois and all shipping costs, taxes, duties, tariffs and customs in the destination country are Your responsibility. If You are interested in placing an international order, please email us at email@example.com for more details.
- Expedited Shipping: At checkout or upon request during a phone order, shipments for in-stock items may be expedited via a parcel carrier. The cutoff time for same day expedited shipping is 2:00 pm CT. Expedited orders placed after 2:00 pm, or on weekends or holidays, will ship the next business day. If the expedited shipping charge is not available for Your online order, we will make every effort to notify You of the expedited charges prior to shipping. If You are not available for response, we will still honor Your request for expedited delivery and You will be responsible for the appropriate expedited charges.
- Drop/Blind Shipments: We can drop ship certain items upon request. Blind shipments can be arranged through Customer Care. Please contact us at 800.363.9822 for more details.
- Customer Pick-Up: Subject to availability and with 24-hour advance notice, orders may be picked up at one of our distribution centers, located in Lockport, IL, Sparks, NV and Atlanta, GA. These facilities cannot accept cash. Please contact Customer Care at 800.363.9822 to make payment in advance.
In some instances, a shipping rate cannot be calculated at checkout. You can still complete Your online order and a Customer Care Advocate will contact You with a shipping rate for Your approval. Unless expedited delivery is selected, Your order will not ship until we receive Your approval.
Tracking numbers can be furnished upon request. Contact Customer Care at 800.363.9822.
International Orders require a minimum merchandise purchase of $50. All international orders require a certified cashier’s check drawn on a US bank in US dollars or an electronic fund transfer before the order will ship. Credit cards and money orders are not accepted for international orders. Freight charges are calculated at time of shipment. Please allow 24-48 hours of additional processing time for freight rates.
Freight options for international shipments are listed below. Buyer is responsible for all freight costs, taxes, duties, tariffs and customs laws in destination country.
- FedEx International Priority
- FedEx International Economy
- USPS Airmail Parcel Post
- USPS Economy Parcel Post
- Collect shipment from US Port via Your Freight Forwarder
Shipping rates will vary based on distance traveled, "actual weight vs dimensional weight" and method of shipment. Please note that any package sent via USPS will not have a tracking number - this means that once a package leaves our warehouse we're no longer liable for any transit related issues.
Missing or Damaged Merchandise Claims
- Freight Prepaid: Claims for merchandise missing or damaged in transit should be made immediately upon receipt, and no later than 30 days after receipt of delivery, by calling Customer Care at 800.363.9822.
- LTL Shipments: For LTL Pallet deliveries, please inspect the pallet before signing. Signing the delivery receipt confirms that You are accepting the shipment in good condition and with no missing items. If any of the merchandise is missing or damaged, You must notate this on the delivery receipt. Without those notations we are not able to file a claim with the trucking company, and therefore cannot reship at no cost.
- Freight collect: Claims for Freight Collect shipments are to be made with the customer’s chosen carrier for that shipment. Notification delays may result in longer resolution time. You are responsible for any damaged or missing merchandise shipped Freight Collect.
All returns must be pre-authorized by us in our sole and absolute discretion. To request a return, You must contact customer care at 800.363.9822 for a Return Authorization number (“RA Number”) within 30 days of receipt of shipment. We will not accept unauthorized returns without an RA Number, and returns shipped freight collect or COD will be refused. The RA Number must be clearly visible on all packages being returned.
Items that have been used, filled or altered in anyway are not eligible for return. Special orders, custom molds, custom labels, decorated products, and other items as specified by us are not returnable. Upon receipt of Your eligible return, the purchase price of the merchandise will be refunded. Shipping costs are nonrefundable.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, DEVICES, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY GOODS, SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ADEQUACY, USEFULNESS, TIMELINESS, ACCURACY, SHELF LIFE OR AVAILABILITY OF THE WEBSITE OR ANY INFORMATION OBTAINED FROM THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY GOODS, SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
Items depicted or described herein are not necessarily suitable for every kind of use and, therefore, UNLESS OTHERWISE STATED IN WRITING, BERLIN PACKAGING MAKES NO WARRANTY THAT THE CONTAINERS, CLOSURES, AND OTHER ITEMS DEPICTED OR DESCRIBED HEREIN ARE FIT FOR ANY PARTICULAR PURPOSE OR SHELF LIFE. ITEMS ARE SOLD “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BERLIN PACKAGING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Notwithstanding anything to the contrary herein, this Warranty Disclaimer section will survive any expiration or termination of these Terms and Conditions.
Limitation of Liability
FOR THE WEBSITE: TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA (COLLECTIVELY, “INDIRECT DAMAGES”), AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
FOR BERLIN PACKAGING'S GOODS AND SERVICES: BERLIN PACKAGING’S LIABILITY ON CLAIMS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WITH RESPECT TO THE GOODS OR SERVICES SHALL NOT EXCEED THE PRICE OF THE GOODS OR SERVICES OR PART THEREOF WHICH GIVES RISE TO THE CLAIM. IN NO EVENT SHALL BERLIN PACKAGING BE LIABLE FOR ANY INDIRECT DAMAGES ARISING OUT OF THE USE OF, OR THE INABILITY TO USE, THE GOODS ON THIS WEBSITE OR THE PERFORMANCE OF THE GOODS, EVEN IF BERLIN PACKAGING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notwithstanding anything to the contrary herein, this Limitation of Liability section will survive any expiration or termination of these Terms and Conditions.
Buyer agrees to indemnify, defend, and hold harmless, Berlin Packaging, its officers, directors, members, employees, parent, subsidiaries, divisions, affiliates, successors and assigns, from and against all claims, liabilities, judgments, awards, losses, expenses, damages and costs, including reasonable attorney’s fees, arising in whole or in part out of (a) failure of Buyer, its agents, employees or customers to follow specifications, instructions, warnings or recommendations furnished by Berlin Packaging, (b) failure of Buyer, its agents, employees or customers to comply with all applicable laws and regulations, including, but not limited to any applicable Federal, state and local laws and regulations governing hazardous materials or safety, all as they may be amended or supplemented from time to time, (c) misuse of the goods by Buyer, its agents, employees or customers including use of goods with any substance that causes injury to person or property, (d) misrepresentation by Buyer, its agents, employees or customers, (e) the sole or contributing negligence of Buyer, its agents, employees or customers, or (f) alleged infringement of any patent, trademark or copyright as a result of Berlin Packaging’s performance in accordance with Buyer’s designs, plans, specifications or directions, (g) any and all lawsuits, liabilities, damages, injuries, claims, demands and expenses (including attorneys’ fees and legal expenses) of whatever kind and nature arising on account of the manufacture, use, storage, maintenance or repair of any of Berlin Packaging’s goods regardless of by whomever manufactured, used, operated, maintained or stored and/or arising as a result of claims based upon strict liability imposed upon Berlin Packaging except for claims directly resulting from Berlin Packaging’s gross negligence; (h) any violation of these Terms and Conditions or any activity related to Buyer’s account (including negligent or wrongful conduct) by Buyer or any other person accessing the Website using Buyer’s Internet account; or (i) Your use of the Website, including, but not limited to, Your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms and Conditions or Your use of any information obtained from the Website. Buyer hereby waives and releases Berlin Packaging from all rights of contribution or indemnity to which it may otherwise be entitled. Notwithstanding anything to the contrary herein, this Indemnification section will survive any expiration or termination of these Terms and Conditions.
It is the sole responsibility of the Buyer to determine the suitability of any services and goods including all parts and components of the goods purchased from Berlin Packaging, and Buyer agrees that it is not relying on Berlin Packaging in making such determination even if Berlin Packaging provided assistance, guidance or design. The Buyer should not rely on Berlin Packaging in making such determination. Buyer assumes full responsibility for any particular use or purpose. Buyer should not order or use any goods or services unless it is satisfied that the goods and services are suitable for Buyer’s use. Buyer agrees to store and use all goods and services in a safe manner and in compliance with all applicable laws. Berlin Packaging cautions Buyer, and Buyer acknowledges being advised, that not all products are compatible with the containers and other goods sold on this website and Buyer agrees not to use any goods with any abrasive, caustic, or acid solutions or any other substance, which may cause injury to persons or property. Buyer agrees to comply with all local, state and federal laws governing the use or resale of goods sold by Berlin Packaging.
BUYER AGREES TO CLEAN CONTAINERS THAT BUYER DEEMS SUITABLE FOR EDIBLE, RESPIRED OR VAPORIZED PRODUCTS BEFORE FILLING.
Links to Third Party Sites
This Website may display links to third party sites. These links are provided for Your convenience only. We have no control over the contents of those sites or resources, and we are not responsible for the content of such links‚ or for any products‚ services or other materials relating to any linked site‚ or any link contained in a linked site. The display of any link does not imply endorsement by us of the linked site or any content therein. In no event will we be liable‚ directly or indirectly‚ to anyone for any damage or loss arising from or relating to any use‚ continued use or reliance any linked third-party site‚ or any link contained in a linked site. If You decide to access any of the third-party sites linked to this Website, You do so entirely at Your own risk and subject to the terms and conditions of use for such sites.
The owner of the Website is based in the state of Illinois in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If You access the Website from outside the United States, You do so on Your own initiative and are responsible for compliance with local laws.
Company shall not be liable for any delay or other failure of performance due to causes beyond its reasonable control, including without limitation acts of God, acts of Buyer, acts of military or civil authorities, fire or other casualty, strikes, lockouts, weather, epidemic, war, riot, delays in transportation or car shortages, inability to obtain necessary labor, materials, components, equipment, services, energy or utilities through Company’s usual and regular sources at usual and regular prices or failure or inability of the manufacturer of the goods to perform. In any such event, Company may, with notice to Buyer, at any time and from time to time without further liability to Buyer (a) postpone its performance, (b) make partial performance or cancel all or any portion of this contract or (c) allocate available quantities among its customers in any manner which Company deems reasonable. Cancellation of any part of this contract shall not affect Company’s right to payment for performance of any other part hereof.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
These Terms and Conditions shall be construed in accordance with the laws of the State of Illinois, without regard to principles governing conflicts of laws. ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE, THESE TERMS AND CONDITIONS, OR THE RELATIONSHIP BETWEEN THE PARTIES (OTHER THAN CLAIMS RELATING TO THE INTELLECTUAL PROPERTY RIGHTS OF BERLIN PACKAGING OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS OR CLAIMS IN EQUITY) SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN CHICAGO, ILLINOIS AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT AN ARBITRATOR(S) WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent You have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and You consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
You agree that any arbitration or proceeding shall be limited to the dispute between us and You individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
If Company pursues any legal action to enforce any of its rights, Company shall be entitled to recover from Buyer all reasonable attorneys’ fees and all other costs and expenses incurred by Company in connection with such action.
Any action against Company with respect to the goods or services purchased on this Website will be forever barred and waived and released by Buyer if it is not commenced by Buyer within one year from the date of delivery of the particular good or service which gives rise to the claim.
The Terms and Conditions constitute the sole and entire agreement between You and Berlin Packaging regarding the Website and purchases made at the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. All provisions that expressly state they survive expiration or termination of these Terms and Conditions will so survive and remain in effect, and all other provisions that protect Berlin Packaging or the Indemnified Parties (including, without limitation, disclaimers and reservations of rights), and all waivers, releases, assignments, rights and licenses granted by You or undertakings or obligations of Yours under these Terms and Conditions will survive the expiration or termination of these Terms and Conditions and remain in effect.
This website is operated by:
Berlin Packaging L.L.C.
525 W. Monroe Street
Chicago, IL 60661