Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Sunrise Packaging, Inc.. The collective work includes works that are licensed to Sunrise Packaging, Inc.. Copyright 2003, Sunrise Packaging, Inc. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Sunrise Packaging, Inc. or purchasing Sunrise Packaging, Inc. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Sunrise Packaging, Inc. or to purchase Sunrise Packaging, Inc. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Sunrise Packaging, Inc.. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Sunrise Packaging, Inc. used in the site are trademarks or registered trademarks of Sunrise Packaging, Inc.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Sunrise Packaging, Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Sunrise Packaging, Inc. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Sunrise Packaging, Inc. does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Sunrise Packaging, Inc. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Sunrise Packaging, Inc. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a Sunrise Packaging, Inc. product is mistakenly listed at an incorrect price, Sunrise Packaging, Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Sunrise Packaging, Inc. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Sunrise Packaging, Inc. shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Sunrise Packaging, Inc. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Sunrise Packaging, Inc. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Sunrise Packaging, Inc..
Your use of this site shall be governed in all respects by the laws of the state of Minnesota, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Sunrise Packaging, Inc. products) shall be in the state or federal courts located in Hennepin County, Minnesota. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Sunrise Packaging, Inc. products) must be commenced within one (1) year after the claim or cause of action arises. Sunrise Packaging, Inc.'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Sunrise Packaging, Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Sunrise Packaging, Inc. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Sunrise Packaging, Inc. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Sunrise Packaging, Inc. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Sunrise Packaging, Inc. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Sunrise Packaging, Inc. in its sole discretion.
You agree to indemnify, defend, and hold harmless Sunrise Packaging, Inc., its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Sunrise Packaging, Inc. may link to sites operated by third parties. However, even if the third party is affiliated with Sunrise Packaging, Inc., Sunrise Packaging, Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Sunrise Packaging, Inc.. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Sunrise Packaging, Inc. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Acceptance of this offer is expressly limited to the exact terms contained herein and any attempt to alter or omit any of such terms shall be deemed a rejection and a counteroffer.
It is the responsibility of the customer to read and verify all acknowledgments. Should any discrepancies arise between acknowledgment and your specifications, please notify us immediately at 1-800-634-8160 or 763-785-2505.
AUTHORITY OF AGENTS
No agents, representative, or employee of Sunrise Packaging, Inc. has the authority to make any affirmation, representation, warranty or guarantee or to change invoices without written approval of the home office of Sunrise Packaging, Inc. or one of its officers.
Orders accepted by the Seller and subsequently cancelled by the Buyer for reasons beyond the control of the Seller are subject to cancellation charges.
In the event an order for custom merchandise is cancelled, charges for labor, material and overhead will be based on work completed to date of cancellation plus Seller’s anticipated profit on said order. If for any reason a customer should cancel an order for custom merchandise prior to production, there will be a cancellation charge of $100.00 to cover order entry and handling costs.
Claims for damages, shortages, losses in transit, etc. are to be made against the carrier by the buyer.
Buyer agrees that a 30 day period after receipt of goods is a reasonable time for inspection of the goods and for discovery of any defect in material or workmanship, whatsoever. Notice of any claim by buyer must be given in writing within said 30 day period. Buyer further agrees that any complaint which is not made in writing shall not be the basis for a claim, counter claim, or setoff, and without limitation, no counter claim or setoff shall be asserted against an action for the price where buyer has failed to send a written complaint to seller within 30 days from receipt of goods. Sunrise Packaging, Inc. may require the return of any product claimed to be defective.
In the event Buyer’s personnel visit Seller’s plant or otherwise receives any proprietary or confidential information from Seller, said information shall be retained as confidential by Buyer and not disclosed to any third party without the written consent of Seller. Seller retains all rights in any invention, tooling, improvement, discovery, or patent it conceives relating to the goods delivered under this agreement. Buyer gives Seller permission to use all samples and images including cover art and logos for promotional purposes.
Help us help you by following up on verbal orders with confirmations. Please make all confirmations as such to avoid “double entry”.
DEFAULT IN PAYMENT
Failure to pay said invoice at maturity date makes all subsequent invoices immediately due and payable irrespective of terns, and the seller may withhold any subsequent deliveries until the full account is settled. The receipt by the seller of any part less than the full amount of this invoice shall not be a waiver of any rights of the seller. Also, failure to pay this invoice at maturity date makes the customer liable for and subject to Service Charges and collection expenses, including attorney fees.
Sunrise Packaging, Inc. will not be liable for any delay in the performance of orders or contracts, or in the delivery or shipment of goods, or for any damages suffered by the Buyer by reason of such delay, when such delay is, directly or indirectly caused by, or in any manner arises from fixes, floods, accidents, civil unrest, acts of God, war, governmental interference or embargoes, strikes, labor difficulties, shortage of labor, fuel, power, materials, or supplies, transportation delays or any other cause or causes (whether or not similar in nature to any of these hereinbefore specified beyond its control).
The promised delivery date is the best estimate possible, based upon current and anticipated factory loads, of when the product will be shipped. Seller assumes no liability for loss, damage or consequential damage due to delays.
Sunrise Packaging Inc. reserves the right to utilize your product, in any stage of development or post-development, for marketing purposes which may include posting pictures or descriptions of the product on the Sunrise Packaging Website or affiliate website(s); press releases or advertisements using pictures or descriptions of the product; displaying product samples as an example internally, at trade shows, conferences, or other public events; or any other marketing related purposes. If you choose, you may include a separate request refusing or governing Sunrise Packaging’s rights to the use of the abovementioned materials for internal or external marketing purposes in lieu of the previous sentence.
LATE PAYMENT CHARGES
A late payment charge of 1-1/2% per month on the unpaid balance will be made on all past due accounts. Should this rate exceed the maximum rate that is lawful under the circumstances, that maximum rate shall apply. The maximum rate shall be governed by the law of the state of the Buyer’s designated billing office. Buyer also agrees to pay reasonable attorney’s fees and other costs incurred at collection.
Seller shall have the right to increase or decrease the quantity called for on this order by not more than 10% when necessary to avoid waste or to avoid breaking customary shipping units to meet minimum tariff requirements, or to comply with governmental regulations.
ROUTING AND DELIVERY
Sunrise Packaging, Inc. will use its best judgment as to the carrier and the route, unless specific instructions are received from the customer prior to shipment. Delivery of the product to common carrier or contract carrier shall transfer title to the buyer and shall constitute delivery.
The prices on the specified products are exclusive of all city, state, and federal excise taxes, including, without limitation, taxes on manufacture, sales, receipts, gross income, occupation, use and similar taxes. Whenever applicable, any tax or taxes will be added to the invoice as separate charges to be paid by the buyer.
RETURN OF GOOD PARTS (Stock Products)
Returns without an RMA number will not be accepted, nor will any return credit be issued. The following rates apply if the part is returned in the same condition in which it was sent, in the sole discretion of Sunrise Packaging, Inc. If the part is returned and found to be defective or tampered with, then restock credit will not apply. Restock rates vary, based on the following conditions: Returned within 1 week of initial delivery: 10% Restocking Fee; Returned 7 to 30 days of initial delivery: 15% Restocking Fee; Returned 31 to 60 days of initial delivery: 50% Restocking Fee; Not returnable after 60 days Shipping is paid by the buyer.
TERMS OF PAYMENT
Net cash 30 days, FOB Blaine, Minnesota. Bills will be dated date of shipment.
TIME AND PLACE OF SHIPMENT
Unless the indicated shipping date is expressly guaranteed, advance information as to date of shipment is an approximation only, based upon Seller’s best judgment at the time.
Sunrise Packaging, Inc. warrants the merchandise to be sold hereunder to be free from defects in material and workmanship under normal use. The obligation of Sunrise Packaging, Inc. under this Warranty shall be limited to the replacement or credit of any item or items which may be defective, provided Buyer notifies Sunrise Packaging, Inc. in writing within 30 days after Buyer’s receipt of such merchandise and provided that subsequent inspection by Sunrise Packaging, Inc. shall disclose to its satisfaction such defectiveness. THE WARRANTIES SET FORTH HEREIN ARE IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS. THE BUYER ACKNOWLEDGES THAT NO OTHER REPRESENTATIONS WERE MADE TO HIM OR RELIED UPON BY HIM WITH RESPECT TO THE QUALITY AND FUNCTION OF THE MERCHANDISE HEREIN SOLD.
This Agreement shall be governed by the laws of the State of Minnesota. The exclusive jurisdiction and venue for any dispute arising out of, or in anyway relating to this Agreement shall be the State or Federal Courts of Hennepin County, Minnesota. The failure of Seller to insist upon the performance of any term or position of this agreement, or its failure to exercise any right or privilege conferred by this agreement, or its waiving any term or provisions, shall not be construed as thereafter waiving any such term, condition, right or privilege. In no case shall Seller’s liability under this agreement exceed the amount actually paid by Buyer for the goods in question.
The seller reserves at any time the right to alter or suspend credit and/or to change the credit terms provided herein when in its sole opinion the financial condition of the buyer warrants it. In such cases, in addition to any other remedies herein or by law provided by the Seller or satisfactory security from the customer may be required by the Seller before shipment, or the Seller, it its sole discretion may accelerate the due date of payment by the buyer under the contract, or any other contract