Terms and Conditions of Sale
- QUALITY: Custom Foils Company, Division of CWC Industries, Inc., manufactures its products as consistently as it possibly can, and approves each shipped product as it passes through our proprietary internal tests.
- APPLICATIONS: Custom Foils makes no warranty or guarantee of any kind, express or implied, concerning desired results or suitability of our product for any particular application, either upon use or after use, and either singly or in combination with other materials and/or processes.. Our products have not been approved or disapproved for internal or external, direct or indirect, bodily, food, or medical type applications. It is the purchaser’s and user’s continual responsibility to satisfy themselves as to the ongoing up-to-date suitability and completeness of such information for their own particular use, the protection of the environment, the health and safety of their employees, and the downstream consumers of their products.
- REMEDY, LIMITATION OF LIABILITY, INDEMNIFICATION: If there is a problem arising from the use of our products, the maximum liability of Custom Foils Company is limited only to the replacement of the foil or a refund of the foil purchase. Custom Foils Company shall not be liable for consequential or incidental damages, punitive damages, exemplary damages, health and safety or environmental damages, any regulatory damages, loss of profits, loss of opportunity, loss of materials, loss of wages or any other such damage in relation to our transactions, products , Safety Data Sheets or other published material. The Customer shall indemnify, defend and hold harmless Custom Foils Company, its officers, and employees, and their successors against any and all losses, damages, or expenses of whatever form or nature, including reasonable attorney’s fees and other costs of legal defense, whether direct or indirect, that they, or any of them, may sustain or incur.
- PRICING: Prices are subject to change without notice. Relevant prices on shipment dates will apply to orders accepted for shipment.
- CANCELLATION: Custom Foils Company has the right to refuse or cancel any orders due to business conditions. The Buyer cannot cancel an order if the product has entered the “in-process manufacturing process” of batch preparation, coating, rewinding or cutting.
- TAXES: Any sales on any product are made with the understanding that any government tax, sales tax, or tax of any kind, import, export, shipping or other charges and fees, effective at the present time or hereafter made effective and levied by any government authority on any of the products, the product container, on the manufacture, transportation and/or sale of the product, shall be paid by the Buyer.
- SHIP DATES: If ship dates are provided, they may be approximate and may be delayed or result in order cancellation with varying conditions, including but not limited to manufacturing considerations, weather, natural disasters, personnel and labor, equipment, environmental, transportation, supply chain, energy, health and pandemic, governmental or other occurrences and circumstances.
- PAYMENT TERMS: Customers shall pay each invoice within thirty (30) calendar days following the date of the invoice. If the Buyer fails to provide payment, the Seller may withhold releasing existing orders. With continued nonpayment, Buyer shall pay the Seller all costs and expenses including reasonable attorney’s fees, the fees of collecting agencies, and other expenses incurred by the Seller in attempt to receive payment. Returned checks will incur a fee of $30. Incorrect or invalid shipping account numbers resulting in chargebacks to the Seller are subject to additional fees.
- CHANGES: Without notice, we reserve the right to change content on our websites www.customfoilscompany.com and www.customfoils.com. Without notice, we reserve the right to change these terms and conditions. SDS and certifications are subject to change without notice.
- PRIORITY: These terms and conditions supersede all purchase orders.