Terms & Conditions
1.TERM & CONDITIONS OF SALE. Except in the case where GOpak and customer have a written supply contract in place, all sales are specifically subject to these Terms and Conditions of sale. Any terms contained in Customers purchase order or other writing are hereby superseded and governed exclusively by the terms herein.
2. ARTWORK & PROOFS. Artwork shall be provided by the Customer and GOpak provides digital proofs to Customer for proofreading, approximate color, spelling and overall appearance. GOpak may refuse to begin production until the artwork has been approved in writing.
3. MATERIAL. Customer assumes responsibility for material specified. Product ingredients, chemicals, outgassing, temperatures, and other elements may affect the integrity of raw materials and seals. Carefully review all product ingredients and use for potential corrosion, delamination, and outgassing with material specs, and perform any necessary fit, function, and raw material testing before full production. TDS (Technical Data Sheet) is available upon request.
4. FINISH POUCH RESPONSIBLITIES. GOpak is not responsible for the replacement or crediting of product that falls within industry converting standards such as: minor distortion of art in the zipper crush zone, registration within 1/8” on finished pouch dimensions, slight wrinkles or distortion in the seal areas, or any other normal production tolerances associated with pouch converting. Portions of our process may be outsourced to appoved suppliers.
5. QUOTATION, ORDERS & PRICING. GOpak’s quotation is valid for 30 days. Once a quote is accepted by Customer, it cannot be canceled without GOpak’s permission and may be subject to a cancellation fee for GOpak’s costs and expenses to include tooling, preparation charges, artwork and materials purchased by GOpak specifically for Customer. GOpak is not responsible or liable for errors made by Customer or Customer’s representatives. Prices can otherwise be changed by GOpak at any time with thirty (30) days’ written notice.
6. PRICE & PAYMENT. GOpak’s standard payment terms are net thirty (30) days from the date of the invoice. Claims for defects, damages or shortages must be made by the Customer in writing within that timeframe. The failure to make such claim within thirty (30) days constitutes irrevocable acceptance by Customer. All payments must be in US Currency only. GOpak shall have the right to have a lien on all Customer work in process and finished work until GOpak has been paid in full. The extension of credit shall not affect such security interest and lien. GOpak is entitled to charge interest at the rate of 1.5% or the highest amount allowed by law for any late payments. GOpak is also entitled to recover its collection costs and reasonable attorney fees related to the collection of payment.
7. SHIPPING & FREIGHT. F.O.B. factory unless otherwise agreed to in writing by each party. Prices do not include sales, use or other taxes, customs, import and export fees, expedited shipping all of which are the sole responsibility of Customer. Title shall pass to the Customer upon delivery, to carrier at shipping point or upon mailing of invoices for finished work, whichever occurs first.
8. OVERRUNS. The set up and manufacturing of printed packaging materials can result in different quantities than the amount ordered. GOpak strives to produce high quality products and we tailor our manufacturing and QA processes to meet our goals and your needs. On occasion our production runs could exceed the exact order quantity. The industry standard is to ship overruns and underruns. Please reference your order acknowledgement for exact amounts.
9. CUSTOMER’S PROPERTY. GOpak will provide insurance on all property belonging to the Customer, while such property is in Gopak’s possession; GOpak’s liability for such property shall not exceed the amount recoverable from such insurance.
10. DELIVERY ESTIMATES/FORCE MAJEURE. Delivery dates represent GOpak’s best estimate and not a firm commitment. GOpak shall not be responsible for delays caused by a broker, freight forwarder, customs, the customer of customer’s agents or a third party outside GOpak’s control. Neither party shall incur any liability or penalty for delays due to state of war, riot, civil disorder, fire, strikes, pandemic, accidents, action of Government or civil authority and acts of God or other causes beyond the control of Customer or GOpak.
11. LIMITED WARRANTY. GOpak warrants that at the time of delivery its products shall be free of any defects in material or workmanship. GOpak specifically disclaims any and all other express warranties including any warranties of merchantability, fitness for purpose or other UCC warranties.
12. INDEMNIFICATION/LIMITATIONS OF LIABILITY. Customer shall defend, indemnify, and hold GOpak harmless from any and all loss, cost, expense and damages, claim or lawsuit alleging Customer’s label, artwork or specifications violates any copyright, trademark, trade dress or proprietary right of any person or any personal injury or death claim to the extent caused by Customer’s negligence, violation of the law or breach. GOpak shall promptly notify the Customer of any such event and shall reasonably assist Customer in the defense of such claim at Customer’s expense. GOpak shall not be responsible for any incidental, consequential, indirect, special, or punitive damages all which Customer agrees are excluded as a condition of entering into each order. Any claims against GOpak for and direct damages are limited to the amount actually paid to GOpak for the specific product proven to be defective. No returns will be accepted unless approved in advance in writing by GOpak.
13. CONFIDENTIALITY. Each party shall take reasonable measures to protect each other’s confidential information and shall only provide confidential information to those officers and directors, employees, and agents necessary to undertake its responsibilities to the other party. Customer represents and warrants that it is the owner of or has the legal right to share any information and intellectual property it provides or shares with GOpak.
14. APPLICABLE LAW/DISPUTES. Any disputes concerning these Terms and Conditions shall be governed exclusively by Wisconsin Law. The parties agree that the forum for any dispute shall be heard and determined in the applicable state and federal courts in and nearest Madison, Wisconsin. The parties irrevocably consent to that jurisdiction and agree to waive any defense of convenience or otherwise against this forum. No claim by Customer may be made or brought more than two years after such claim arose.
15. MERGER. These Terms and Conditions, together with any applicable order documents, constitute the complete understanding between the parties. Any other statements or writings between the parties are of no validity. If any section or clause of these Terms & Conditions is found to be unenforceable the parties request that the remainder of the Terms and Conditions shall be enforced.
2. ARTWORK & PROOFS. Artwork shall be provided by the Customer and GOpak provides digital proofs to Customer for proofreading, approximate color, spelling and overall appearance. GOpak may refuse to begin production until the artwork has been approved in writing.
3. MATERIAL. Customer assumes responsibility for material specified. Product ingredients, chemicals, outgassing, temperatures, and other elements may affect the integrity of raw materials and seals. Carefully review all product ingredients and use for potential corrosion, delamination, and outgassing with material specs, and perform any necessary fit, function, and raw material testing before full production. TDS (Technical Data Sheet) is available upon request.
4. FINISH POUCH RESPONSIBLITIES. GOpak is not responsible for the replacement or crediting of product that falls within industry converting standards such as: minor distortion of art in the zipper crush zone, registration within 1/8” on finished pouch dimensions, slight wrinkles or distortion in the seal areas, or any other normal production tolerances associated with pouch converting. Portions of our process may be outsourced to appoved suppliers.
5. QUOTATION, ORDERS & PRICING. GOpak’s quotation is valid for 30 days. Once a quote is accepted by Customer, it cannot be canceled without GOpak’s permission and may be subject to a cancellation fee for GOpak’s costs and expenses to include tooling, preparation charges, artwork and materials purchased by GOpak specifically for Customer. GOpak is not responsible or liable for errors made by Customer or Customer’s representatives. Prices can otherwise be changed by GOpak at any time with thirty (30) days’ written notice.
6. PRICE & PAYMENT. GOpak’s standard payment terms are net thirty (30) days from the date of the invoice. Claims for defects, damages or shortages must be made by the Customer in writing within that timeframe. The failure to make such claim within thirty (30) days constitutes irrevocable acceptance by Customer. All payments must be in US Currency only. GOpak shall have the right to have a lien on all Customer work in process and finished work until GOpak has been paid in full. The extension of credit shall not affect such security interest and lien. GOpak is entitled to charge interest at the rate of 1.5% or the highest amount allowed by law for any late payments. GOpak is also entitled to recover its collection costs and reasonable attorney fees related to the collection of payment.
7. SHIPPING & FREIGHT. F.O.B. factory unless otherwise agreed to in writing by each party. Prices do not include sales, use or other taxes, customs, import and export fees, expedited shipping all of which are the sole responsibility of Customer. Title shall pass to the Customer upon delivery, to carrier at shipping point or upon mailing of invoices for finished work, whichever occurs first.
8. OVERRUNS. The set up and manufacturing of printed packaging materials can result in different quantities than the amount ordered. GOpak strives to produce high quality products and we tailor our manufacturing and QA processes to meet our goals and your needs. On occasion our production runs could exceed the exact order quantity. The industry standard is to ship overruns and underruns. Please reference your order acknowledgement for exact amounts.
9. CUSTOMER’S PROPERTY. GOpak will provide insurance on all property belonging to the Customer, while such property is in Gopak’s possession; GOpak’s liability for such property shall not exceed the amount recoverable from such insurance.
10. DELIVERY ESTIMATES/FORCE MAJEURE. Delivery dates represent GOpak’s best estimate and not a firm commitment. GOpak shall not be responsible for delays caused by a broker, freight forwarder, customs, the customer of customer’s agents or a third party outside GOpak’s control. Neither party shall incur any liability or penalty for delays due to state of war, riot, civil disorder, fire, strikes, pandemic, accidents, action of Government or civil authority and acts of God or other causes beyond the control of Customer or GOpak.
11. LIMITED WARRANTY. GOpak warrants that at the time of delivery its products shall be free of any defects in material or workmanship. GOpak specifically disclaims any and all other express warranties including any warranties of merchantability, fitness for purpose or other UCC warranties.
12. INDEMNIFICATION/LIMITATIONS OF LIABILITY. Customer shall defend, indemnify, and hold GOpak harmless from any and all loss, cost, expense and damages, claim or lawsuit alleging Customer’s label, artwork or specifications violates any copyright, trademark, trade dress or proprietary right of any person or any personal injury or death claim to the extent caused by Customer’s negligence, violation of the law or breach. GOpak shall promptly notify the Customer of any such event and shall reasonably assist Customer in the defense of such claim at Customer’s expense. GOpak shall not be responsible for any incidental, consequential, indirect, special, or punitive damages all which Customer agrees are excluded as a condition of entering into each order. Any claims against GOpak for and direct damages are limited to the amount actually paid to GOpak for the specific product proven to be defective. No returns will be accepted unless approved in advance in writing by GOpak.
13. CONFIDENTIALITY. Each party shall take reasonable measures to protect each other’s confidential information and shall only provide confidential information to those officers and directors, employees, and agents necessary to undertake its responsibilities to the other party. Customer represents and warrants that it is the owner of or has the legal right to share any information and intellectual property it provides or shares with GOpak.
14. APPLICABLE LAW/DISPUTES. Any disputes concerning these Terms and Conditions shall be governed exclusively by Wisconsin Law. The parties agree that the forum for any dispute shall be heard and determined in the applicable state and federal courts in and nearest Madison, Wisconsin. The parties irrevocably consent to that jurisdiction and agree to waive any defense of convenience or otherwise against this forum. No claim by Customer may be made or brought more than two years after such claim arose.
15. MERGER. These Terms and Conditions, together with any applicable order documents, constitute the complete understanding between the parties. Any other statements or writings between the parties are of no validity. If any section or clause of these Terms & Conditions is found to be unenforceable the parties request that the remainder of the Terms and Conditions shall be enforced.