Active Plastics, Inc. warrants the custom and / or production manufactured
merchandise
shipped by Active Plastics, Inc. to be built and/ shipped to the
customer's order
to the best of our ability, in new condition packed and shipped
to our customers.
UCC NOTICE - ALL SALES ARE FINAL, EXCEPT FOR CONCEALED DAMAGE
CLAIMS MADE ACCORDING TO POLICIES CONTAINED HEREIN.
ACCEPTANCE OF ORDER SHIPMENT CONSTITUTES FULL
PRODUCT OWNERSHIP UNDER AND FOR ALL CONDITIONS OF USE, CONSEQUENCES
AND LIABILITIES THEREOF.
No other warranty is express or implied. Your state may have other
laws.
In all cases liability is denied above the price for the product(s)
purchased when in conflict with these policies, purchase terms and
practices.
CANCELLATION / RETURNS POLICY
All sales, once accepted and confirmed by customer deposit, payment,
credit card guarantee, purchase order or email reply confirmation,
are final and no cancellation or returns will be accepted without
prior written or email request by the original customer and approved
in writing or email by Active Plastics, Inc..
All customers who have placed a formal order and received formal
confirmation thereof by email, fax or US Mail, have the right to
cancel their order within 5 business days of confirmation (all payments,
deposits, shipping & handling charges paid are non-refundable).
All returns considered and approved must be returned to the point
of original shipment or Active Plastics, Inc. at 125 Mill Avenue,
Caledonia, Michigan 49316
- shipping or postage must be prepaid, insured against damage and
loss, in original packaging and in original condition received.
Active Plastics, Inc. reserves the right to complete and deliver
all orders not cancelled within the provisions of the purchase order
and the above, and collect or retain payment for balance owed in
full upon delivery as confirmed by order accepted.
Opened, damaged (including unclaimed shipping damages) or used items
are not refundable.
In no case will Active Plastics, Inc. liability exceed the paid
price of the product(s) ordered,
less reasonable material, labor and shipping expense.
ALL PRODUCTS SOLD AS-IS. NO OTHER WARRANTY IS EXPRESSED OR IMPLIED
LEAD TIMES ARE BEST ESTIMATES
OF PRODUCTION - NOT GUARANTEED unless guaranteed in writing with
specific delivery date(s).
Active Plastics, Inc. will not be responsible for delays in order
fullfilment due to acts of God, weather, loss of power, manpower
or material availability.
COSMETIC APPEARANCE and WORKMANSHIP DISCLAIMER
- Active Plastics,
Inc. takes reasonable care in manufacture of all products. All customers,
by placing any order, accept the unavoidable possibility when working
with any hand made custom acrylic fabrication, for blemishes and/
or micro-fractures to appear along heat bent, flame polished or
solvent welded areas. We cannot and do not guarantee, in any way,
raw materials or OEM parts or materials used in the fabrication
of products are without flaws or blemishes. Minor and common blemishes
and micro-fractures generally do not affect the overall appearance
or integrity of the item. Active Plastics, Inc. cannot and does
not warrant or guarantee any item custom manufactured to be completely
free of cosmetic irregularities in manufacturing processes or preclude
the incidence of material quality or manufacturing blemishes occurring
in manufacture of custom plastic products.
NO CLAIMS FOR FIT, FUNCTION, FORM , RETURN, DAMAGE OR LOSS OF
ANY NATURE WILL BE ACCEPTED AFTER DELIVERY ACCEPTANCE
in addition to policies contained herein and except as contained
herein for concealed shipping damages.
Custom Orders, Payments and Deposits
ALL
PRODUCTS MADE BY ACTIVE PLASTICS ARE AT THE REQUEST (ORDER) OF THE
CUSTOMER AND ALL CUSTOMER'S ORDERS ARE BY CONTRACT CUSTOM MADE PRODUCTS
AT THE DIRECT REQUEST OF AND BY CONTRACT ACCEPTANCE BY THE CUSTOMER
WITH/ THROUGH RECEIPT OF DEPOSIT PAYMENT ACCEPTS COMPLETE AND SOLE
RESPONSIBILITY PER STATEMENTS AND POLICIES CONTAINED HEREIN.
Any products
concieved, designed and/ or manufactured by Active Plastics, Inc.,
whether or not specifically requested/ designed by/ for any party
are considered custom orders and the designs and specifications
supplied / approved by the customer solely thereof.
Advance payment deposit(s) made on any custom order are not refundundable
in any case without exception. All customers will pay invoices
promptly per Active Plastics specified terms and conditions (within
15 days for accepted Purchase Orders) and accept completely the
cost of all reasonable and customary, legal and / or private means
necessary to collect payment due in full.
Customer(s) making purchases from Active Plastics, Inc. agree
to pay the invoice(s) price in full as recorded by customer(s) email,
fax, phone or other written or verbal order received by Active Plastics,
Inc. upon delivery of said orders. Customer(s) delinquent in invoice
amounts owed agree to and shall pay all amounts due including costs
associated with the collection of full payment.
ADDITIONAL
/ CREDIT CARD PAYMENT and ORDER PAYMENT GUARANTEE TERMS
Credit card charges over $500 incur 3% merchant processing fee added
to invoice, customers will be advised and fee accepted before charges
made. Invoice/ receipt will reflect amount and totals.
Payment is due per contract terms and policies contained herein
or within 15 calendar days of order delivery and Active Plastics
reserves the right collect payment in full on all orders paid for
in whole or in part with personal or business credit card, or where
deposits or orders are guaranteed by personal or corporate credit
cards. Active Plastics, Inc. shall have the right to charge unpaid
amounts due and not received by due date to the credit card of record
for the order or order guarantee as payment in full.
Shipping,
Handling & Other Charges
Unless specifically
stated in the marketing or purchase contract agreed to by Active
Plastics, Inc. for any Active Plastics products, shipping is additional
and paid by the customer within their quoted / invoiced price, paid
on behalf of the customer. In all cases and in any case of error
in content or function, machine or human, the customer is always
required to pay for transit, insurances, taxes duties and any fees
or charges above and beyond the invoiced charges and/ or the cost
of the product(s) shipped., including retroactive charges accrued
resulting from the customer's order.
INTERNATIONAL
ORDERS: ACTIVE PLASTICS, INC. ships all orders FOB Active Plastics,
Inc., Caledonia, Michigan, USA and is not liable for any fees, taxes,
duties, etc. above and beyond the cost of actual physical transport
to the customer's designated delivery location.
ALL CUSTOMERS AGREE AND PRE-AUTHORIZE ACTIVE PLASTICS, INC. BY PLACING
ORDER(S) AND DEPOSIT PAID TO ACTIVE PLASTICS, INC. THAT ANY
FEES, TAXES, DUTIES, ETC. IMPRIMIS OR RETROACTIVELY CHARGED TO ACTIVE
PLASTICS, INC. will be automatically charged to the customer's credit
card on payment record or formally re-invoiced for such charge(s)
with receipt for such charges forwarded to the customer with justification
for making such additional charge(s).
Shipping
charges estimated from shipper provided online or phone assisted
shipping rate quotes, and will vary from instance to instance. Shipping
and handling and other shipping related charges are non-refundable,
and all customers are responsible for actual shipping charges for
their order. Equally, and in addition, the following policy applies
to all shipments:
FREIGHT & SHIPPING TERMS NOTIFICATION
ALL
SHIPMENTS are Free On Board (F.O.B.) Active Plastics, Inc., via
Grand Rapids area terminals, without exception.
We take reasonable caution packaging all products for shipment.
If you desire / require exceptional or extraordinary packing for
your custom orders, please advise in writing to Active Plastics,
Inc. business offices within 3 business days of placing order.
ALL
CUSTOMERS BY PLACING ANY ORDER AGREE PAYMENTS FOR ORDERS WILL NOT
BE DELAYED
by any reason of shipping or delivery delay or concealed damages.
ALL CLAIMS ARE CUSTOMER RESPONSIBILITY FOLLOWING THE POLICIES CONTAINED
HEREIN AND ON PURCHASE ORDER CONTRACTS.
ALL
SHIPMENTS and FREIGHT ARE EITHER 1) Pre-paid by the purchaser
direct to shipping agency OR 2) Paid on behalf of the purchaser
to Active Plastics, Inc. chosen shipping agency (and charged to
the purchaser through Active Plastics, Inc. including packing fees),
and are the complete responsibility of the purchaser once picked
up by the shipping agent for all matters concerning shipment, delivery
and claims.
NO CLAIMS ARE ACCEPTED OR PROCESSED BY ACTIVE PLASTICS, INC for
transit/ delivery damages.
Active Plastics may submit concealed damage claims on behalf of
the customer without warranty or guarantee or promise of payment..
NO OTHER WARRANTY, EXPRESS OR IMPLIED IS GIVEN EXCEPT AS LISTED
HEREIN.
As general policy, shipping agencies WILL NOT
CONSIDER claims for in transit damages
without A DELIVERING DRIVER WITNESS REPORT. Period.
ALL PACKAGES MUST BE INSPECTED ON ARRIVAL, IN PRESENCE
OF DELIVERING DRIVER.
TAKE PLENTY OF PHOTOGRAPHS FOR YOUR EVIDENCE AND PROTECTION.
No claims for concealed damage are accepted without delivery person
witness to removal, opening and inspection and discovery of concealed
damage.
Signature acceptance of delivery constitutes full and complete release
of all liability as contained herein.
YOU ARE ALSO REQUIRED TO RETAIN ALL CONTAINERS and PACKING MATERIAL
FOR INSPECTION.
Shipping agencies will not consider claims without DRIVER REPORT
and COMPLETE PACKING MATERIALS as delivered.
ALWAYS
OPEN AND INSPECT ALL PACKAGES FOR DAMAGES BEFORE ACCEPTING, in the
presence of the carrier's delivery person.
We do not cover shipping damages.
ALL CLAIMS FOR SHIPPING DAMAGES must be made according to the policies
and limitations herein.
CLAIMS WILL NOT BE PROCESSED WITHOUT A DELIVERY DRIVER WITNESS REPORT.
Security & Privacy
Our
online purchase and payment system is powered by PayPal,
a certified and secure merchant cart system with payment processing
by PayPal. The information submitted
by our visitors and customers in the course of business is strictly
confidential and collected for internal purposes only. Active Plastics,
Inc. takes reasonable caution to protect your personal information
provided in the course of your purchase, and does not share or distribute
private information to any third party.
Copyright License Statement
www.activeplastics.com
online works are created, copyrighted and owned by Jeffrey Kusmierz
in their entirety, is hereby licensed for sole use by Active Plastics,
Inc., a Michigan Sub Chapter S Corporation, and no portion thereof
may be used, reproduced, copied, transmitted or disseminated in
any form, publicly or privately without the express written permission
of Jeffrey Kusmierz, under penalty of governing local, state and
federal law.
Violators of intellectual property law prevailing, including Copyright,
shall bear full cost and penalty of prosecution and compensation.
Neither
Active Plastics, Inc. nor it's assigns shall be liable for changed
conditions regarding copyrights and trademarks including, but not
limited to outdated material, links, images, representations, etc..
Liability
Statement
Active
Plastics, Inc., their assigns or their suppliers accept no liability
for loss whatsoever, or for errors and/or omissions including but
not limited to typographical, graphical or content/ ommission errors
in this website, and reserve the right to change, modify or deny
the contents therein. Additionally, no warranty express or implied
is made in any form or fashion regarding any customer's custom requested
and fabricated item's suitability for any purpose and no liability
for loss of any form or fashion is accepted whatsoever, including
but not limited to design, functionality, use either direct or consequential,
advertising, offering, purchase and subsequent use, loss of use,
misuse, misapplication, etc. of any custom item sold by or through
Active Plastics, Inc.. Sole remedy for any claim of any form or
any fashion for any loss in any instance is refund of all or part
of the purchase price paid, less reasonable costs of handling and
processing.
Active Plastics, Inc. and their assigns are not liable for errors
and omissions contained within all media created, published and
maintained.
Your
state may have other laws covering warranties.
Trademark
Use Disclaimer, Customer Reference & Testimonial Release Use
Statement
Active
Plastics, Inc. respects the rights and property of others, and in
the course of business with any and all customers or requestors,
reserves the right to reference on this website any and all customer
and requestors names, business and testimonials unless specifically
notified in writing by registered US Mail to remove such references
within reasonable time period. All copyrighted, trademarked items
and registered product names referenced in this website are the
sole property of their respective owners and are used solely for
consumer reference to accessory products represented by, made by
or sold by Active Plastics, Inc., or their assigns and is not a
claim of ownership, approval, sanction or affiliation with trademarks
referenced, trademarked products or their respective owners.
IN ALL CASES OF HUMAN, TYPOGRAPHICAL AND CONTEXTUAL ERRORS WITHIN
THESE POLICIES, THE INTENT OF THESE POLICIES SHALL PREVAIL AS TO
THE RESULTS INTENDED.
Rev 03/29/19
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