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Weber Terms & Conditions

1. Acceptance of Orders
All orders are subject to acceptance by Weber Packaging Solutions Inc. (Henceforth referred to as “Weber” in this document). A physical purchase order or written authorization is required for orders over $5,000

2. Limitation of Liability
Weber’s responsibility shall be to repair or replace the product. It is limited to the invoice price of the product claimed to be defective, and is the sole remedy should the equipment or media fail to conform to its’ warranty. Weber shall not be liable for any loss or damage of any kind, including any incidental, special or consequential damages resulting, directly or indirectly; from any breach of warranty, express or implied, or any other failure of the products.

3. Indemnification
Weber agrees to indemnify, defend, and hold harmless Buyer/Customer and its affiliates, subsidiaries, shareholders, members, directors, officers, employees, agents, parents and contractors (other than Weber), from and against any Claim, and any associated losses, arising from: (A) the failure of products provided by Weber hereunder to meet the representations, warranties and covenants set forth. (B) a breach by Weber of any material terms or conditions under this agreement; (C) the negligence, recklessness or willful misconduct of Weber in manufacturing products or in the performance of its other obligation under this agreement; (D) violation of any patent, trade secret, or other intellectual property or proprietary right due to Weber’s provision of the Products; and (E) bodily injury, death, tangible property damage and theft resulting from Weber’s negligent and willful acts and omissions.

Buyer/Customer agrees to indemnify, defend, and hold harmless Weber Packaging Solutions Inc (Weber) and its affiliates, subsidiaries, shareholders, members, directors, officers, employees, agents, parents and contractors, from and against any Claim, and any associated losses, arising from: (A) the failure of products provided by Buyer/ Customer hereunder to meet the representations, warranties and covenants set forth. (B) a breach by Buyer/ Customer of any material terms or conditions under this agreement; (C) the negligence, recklessness or willful misconduct of Buyer/ Customer in manufacturing products or in the performance of its other obligation under this agreement; (D) violation of any patent, trade secret, or other intellectual property or proprietary right due to Buyer/ Customer’s provision of the Products; and (E) bodily injury, death, tangible property damage and theft resulting from Buyer/ Customer’s negligent and willful acts and omissions.

4. Proofs
Proofs will be provided for approval either by the buyer/ customer’s request or at the discretion of Weber, if no request is made at the point of order. Proofs should be inspected for general appearance, spelling, etc. Production will not begin until proofs are approved, including the ordering of raw material and tooling required to produce the order.

5. Proof Cancellation Charge
If proofs have been issued and the order is subsequently cancelled at any time before it goes to production, a flat fee of $150.00 will be charged to the buyer/ customer.

6. Cancellations
Custom Labels:
Custom label orders are not subject to cancellation. In the event that a cancellation is requested prior to production, the buyer/ customer will be liable for all costs incurred; which may include artwork, plates, dies, other preparation charges, and the cost of raw material that was purchased by Weber for the purpose of producing the order.

Applicators and Continuous Inkjet Systems (CIJ):
Any order cancelled within five (5) days of the receipt of the order, will be subject to a $500 processing charge. Additional charges will apply to orders cancelled after five (5) days, to cover all engineering and material costs.

Stand-Alone Printers:
Orders for stand-alone or desktop printers may be cancelled prior to the shipment. Most printers ships within one (1) day of receipt of order. Contact Weber Customer Service to check on the status of shipment.

7. Shipping Charges
All shipments are F.O.B Arlington Heights, IL; unless otherwise specified and accepted by Weber.

8. Over-Runs or Under-Runs
All orders will be supplied and billed on a plus or minus (+/-) five percent (5%) quantity basis. Exceptions must have prior approval.

9. Prices
Prices are subject to change without notice. Quotations are void, unless accepted within thirty (30) days from date of issue.

10. Preparation Charges
All plate and tooling preparation charges are net labor and do not include any materials procured by Weber required to produce the order. Physical printing plates and tooling are the property of Weber.

11. Payment Terms
Weber’s standard payment terms are Net 10 days from invoice date.

Down Payments:
All equipment, inclusive of Label Applicators, Printer-Applicators, Custom Labeling Systems and Continuous Inkjet Systems (CIJ); require a down payment of fifty percent (50%), and are net 10 days from invoice date.

Desktop printers, less than $5,000; will not require a down payment. Standard payment terms will apply.

12. Return Policy
A Return Merchandise Authorization number (RMA) must be obtained prior to any product being returned. Any items sent back without a RMA number will be refused.

All items are subject to full inspection, and returns will be subject to a twenty percent (20%) re-stocking charge. A $100 flat rate will be charged for returns of stand-alone printers.

Returns WILL NOT be authorized for any custom products (labels or equipment). Return authorization must be requested within thirty (30) days from the date of shipment and be returned within sixty (60) days of the date of shipment.

13. Artwork Return Policy
It is assumed that art files received for a print order are copies provided for Weber’s use. Weber does not incur the responsibility as the long-term data storage provider of such art files. In the event an art file needs to be retrieved, a $75.00 fee, will be charged per label, for a digital transfer of the original customer-provided file.

14. Confidentiality
Weber and Buyer/ Customer shall take reasonable measures to protect the secrecy of and avoid disclosure and unauthorized use of any Confidential Information of the other party. Without limiting the foregoing, each party shall take at least those measures that it takes to protect its own most highly confidential information, and shall promptly notify the disclosing party of any misuse or misappropriation of Confidential Information of which it becomes aware. Each party shall disclose Confidential Information only to those officers, directors, employees and contractors who are required to have the information in order to evaluate or engage in discussions concerning the contemplated business relationship, and such party shall remain responsible for compliance with the terms of this Agreement by its officers, directors, employees and contractors.

 

Warranty Statement
Weber offers a limited lifetime warranty on its applicators beyond the standard 1 year plus 10 days warranty period listed below.

The following provisions apply:
1. The machine(s) must be installed by a Weber Service Technician.
2. The machine(s) must exclusively use Weber labels, ribbons, and machine parts.
3. All machine components are covered with the exception of print engine parts.

Weber warrants the applicator (excluding the print engine) to be free from defects in workmanship and materials for the specified warranty period. The warranty period is one (1) year plus 10 days (total of 375 calendar days) from date of shipment from Weber, Arlington Heights based upon an eight-hour work day and a five-day work week. The print engine warranty period is 90 days plus 10 days (total of 100 calendar days) from date of shipment from Weber, Arlington Heights based upon an eight-hour work day and a five-day work week.

This warranty covers items that are defective in nature and does not cover neglect, abuse, misuse, or natural acts. It does not cover equipment or parts that are improperly installed or replaced by the user and/or his agent. It does not cover loss or damages resulting from accident, unapproved modifications or alterations. Normal maintenance must be performed in a timely and appropriate manner and all supplies and/or replacement parts must be equivalent to those supplied by Weber. The warranty does not cover expendable and/or consumable items or parts such as, but not limited to, labels, ribbons or print heads.

Warranty labor, travel and out of pocket expenses are covered for the first 30 days from date of installation when the equipment is installed by Weber Authorized Service Personnel dispatched by Weber, Arlington Heights and the installation fees charged to the customer are at the normal installation rates. It is not covered beyond the first 30 days from date of installation. It is also not covered if someone other than a Weber Authorized Service Personnel performs the installation or if a reduced installation rate is used.

This non-transferable warranty is limited to the original purchaser of the system and supersedes all other warranties, expressed or implied, and shall not be modified in any way. No salesperson, representative, or agent of Weber is authorized to make any guarantee, warranty, or representation that contradicts this product warranty as published by Weber, Arlington Heights, Illinois. Any waiver, alteration, addition or modification to the published Weber warranty must be in writing and signed by an executive officer of Weber to be valid.

Warranty service is available on Weber supplied equipment by contacting the Weber Service Department, Arlington Heights, IL, 1-800-323-8519.





 

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