RELIABLE CAPS' acceptance of Buyer's order and shipments of the Product, are subject to and expressly conditioned upon Buyer's acceptance of the terms and conditions herein. Buyer shall be deemed to have assented to the provisions hereof in all respects by its acceptance of any goods shipped or failure to give RELIABLE CAPS written notification of objection within five (5) business days of Buyer's receipt of an order acknowledgement or invoice. No modifications or additional terms shall be applicable to these terms and conditions by RELIABLE CAPS’ receipt, acknowledgment, response to or acceptance of Buyer's request for quotation, purchase orders, shipping instructions or other documentation containing terms at variance with or in addition to those set forth herein. If Buyer does not accept these terms and conditions of sale, Buyer shall notify RELIABLE CAPS immediately in writing and shall return any shipped product to RELIABLE CAPS at once, unopened.
PRICES, TERMS AND TAXES: Prices and terms of payment are subject to change without notice. All prices are exclusive of taxes (including sales, use or excise taxes), customs, duties, and insurance, which are to be borne by Buyer. Any current or future tax or governmental charge (or increase in same) affecting RELIABLE CAPS’ costs of production, sale, delivery or shipment, or which RELIABLE CAPS is otherwise required to pay or collect in connection with the manufacture, sale, delivery, storage, or use of the Products, shall be for Buyer's account and shall be added to the price. For online sales, payment information must be entered at checkout and RELIABLE CAPS will not charge until the order is shipped. For non-online sales, all sums shall be payable net thirty (30) days from the date of the invoice, subject to RELIABLE CAPS’ credit approval. New customers seeking credit will be required to fill out a credit application provided by RELIABLE CAPS. A minimum of three trade references and a bank reference are required with credit application. Reliable Caps reserves the right to set a limit on the line of credit. RELIABLE CAPS reserves the right to suspend or defer future deliveries of Product, change the terms of sale or cancel the contract if the financial responsibility of Buyer becomes impaired or unsatisfactory to RELIABLE CAPS. Buyer shall be liable for all expenses, including attorneys' fees, relating to the collection of past due amounts.
LIABILITY AND RESPONSIBILITY: Subject to the limitations below, RELIABLE CAPS warrants that the Products manufactured by RELIABLE CAPS will be free from commercially unacceptable defects in material and workmanship and meet the applicable written Product specifications under normal use, required storage procedures and service for the specified period of time on the products data sheet but not to exceed a period of six (6) months from the date of the invoice. THESE ARE SOLD AND EXCLUSIVE WARRANTIES GIVEN BY RELIABLE CAPS WITH RESPECT TO THE PRODUCTS AND ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WHETHER OR NOT THE PURPOSE OR USE HAS BEEN DISCLOSED TO RELIABLE CAPS IN SPECIFICATIONS, DRAWINGS OR OTHERWISE AND WHETHER OR NOT RELIABLE CAPS’ PRODUCTS ARE SPECIFICALLY DESIGNED AND/OR MANUFACTURED BY RELIABLE CAPS FOR BUYER'S USE OR PURPOSE. These warranties do not extend to any losses or damages due to misuse, accident, abuse, neglect, normal wear and tear, unsuitable environmental conditions, negligence, unauthorized modification or alteration, improper installation, maintenance or application, or any other cause beyond RELIABLE CAPS’ control.
Within thirty (30) days after receipt of each shipment of goods sold hereunder, Buyer shall examine such goods for any damage, defects or shortage. All claims, including for alleged damage or defective goods, shortage or non-delivery of goods, negligence or any other cause whatsoever, shall be deemed waived unless made in writing and received by RELIABLE CAPS within sixty (60) days after Buyer's receipt of goods. Failure of Buyer to give the notice of any claim within such time period shall be deemed an absolute and unconditional waiver of such claim, irrespective of whether the facts given rise to such claim shall have been discovered or whether processing, use or resale of the goods shall have taken place. RELIABLE CAPS shall not be liable for loss of profits, or special, indirect or consequential damages; RELIABLE CAPS' liability for any and all losses or damages resulting from any cause whatsoever, including alleged negligence, shall in no event exceed the purchase price of the goods in respect to which the claim is made, or at the election of RELIABLE CAPS, the repair or replacement of such goods.
RELIABLE CAPS shall not be liable for incidental or consequential damages. Buyer indemnifies and undertakes to defend RELIABLE CAPS and hold it harmless from all damages. RELIABLE CAPS' liability and Buyer's exclusive remedy for any cause of action arising out of the sale, use or non-delivery of the Product is expressly limited at Buyer's option to replacement of nonconforming Product or credit not to exceed the purchase price of the Product for which damages are claimed. Buyer shall inspect Product immediately after delivery. Buyer's failure to give notice of any claim within thirty (60) days from date of delivery shall constitute a waiver by Buyer with respect thereto. Independent of any other provision or Agreement, in no event shall RELIABLE CAPS be liable for indirect, incidental, consequential, exemplary, or punitive damages of any kind, including economic damage, cost of recall, lost profits, loss of business or goodwill, or injury to property as a result of RELIABLE CAPS’ breach of any warranty or agreement, regardless of whether RELIABLE CAPS has been advised, has other reason to know, or in fact knows of the possibility thereof.
Neither party shall be liable in any respect for failure or delay in the shipment or acceptance of the Product, if hindered or prevented, directly or indirectly, by war, national emergency, inadequate transportation facilities, inability to secure materials, supplies, mechanical breakdown, fuel or power, fire, flood, windstorm or other acts of God, strikes, lockouts or other labor disputes, orders or acts of any government or governmental agency or authority, whether valid or invalid, or any cause of like or different kind beyond the reasonable control of either party. The quantities so affected shall be deducted from the total quantity purchased by Buyer. RELIABLE CAPS may, during any period of shortage due to any of said causes, allocate its available supply of Product among itself and its customers on whatever basis it deems desirable.
COMPATIBILITY AND TESTING: Buyer must determine for itself by preliminary tests or otherwise, the suitability of the Product for its purpose. Compatibility is particularly important in considering glass and plastic containers, plastic closures, and liners. To assume that a specific type of closure or lining material will serve all the needs of a specific product is a complex matter and may not be easily determined. RELIABLE CAPS’ technical service and sales departments will help Buyer in making Buyer’s decision. Buyer must make the final determination and assume all liability as to whether a given type of container, closure, liner or other packaging material is suitable and safe for use with your product. It is Buyer’s responsibility to do testing when choosing a closure and/or liner for your particular packaging application. Upon request, RELIABLE CAPS will provide Buyer with samples to perform any compatibility testing that is required. Samples are generally available free of charge. Most common cap and liner combinations are available for mailing the same day they are requested. If a particular requested sample (i.e. special resin, color, or liner) is not immediately available, it may take several weeks for delivery. Product dimensional specifications drawings and supplier material information sheets/technical bulletins will be provided upon request. Call the Sales/Service Department at (800) 356-8483 for samples or specifications on any products.
Suggested Testing:
- Product – closure compatibility tests
- Product – Liner compatibility tests
- Bottle and closure compatibility tests
- Bottle – smooth landing surface tests
- On-Torque application and torque removal tests
- On line fill tests (cold or hot fill)
- Shipping tests
- Drop tests. If UN certification is required, it is highly recommend to use copolymer polypropylene resins rather than homopolymer polypropylene as this generally reduces the likelihood of cracked closures. Again, the liability is on the Buyer to determine if the homopolymer resins will work under the environmental conditions to which the product will be exposed in the field.
- Shelf life tests
All recommendations or statements by RELIABLE CAPS are based on RELIABLE CAPS’ research and experience and are believed to be reliable, but no guarantee is made for their accuracy.
SHIPMENT AND DELIVERY: Title and possession of all goods shipped passes to the customer upon receipt by the carrier. The customer must file a claim for lost or damaged merchandise with the carrier. RELIABLE CAPS will provide any necessary assistance. Click here for additional shipping details.
RELIABLE CAPS reserves the right of a shipment variance of +/- 10% for all items, and Buyer will be invoiced for the amount of Product actually shipped. Any specified date is approximate and not guaranteed. If shipments are delayed by Customer, payments are due from date when RELIABLE CAPS is prepared to make such shipments.
RETURN OF MERCHANDISE: Buyer must notify RELIABLE CAPS, in a timely manner not to exceed thirty (30) days, of any Products that do not conform to the terms of the sale. If return of Product is requested, a RELIABLE CAPS Customer Service Representative must first authorize in writing before Product is returned by issuing a Return Merchandise Authorization (RMA). Returns without an authorization code may be refused and any charges incurred for an unauthorized return may be billed back to our customer. Credit for an unauthorized return will be denied.
The restocking charge on returned conforming product that RELIABLE CAPS keeps in inventory on a daily basis will be a minimum of 10% of the invoice amount. No conforming product will be accepted that the customer has opened. Normally, returns will not be accepted for conforming merchandise that is a non-inventory item at RELIABLE CAPS.
GENERAL PROVISIONS: No modification or addition of the above terms and conditions shall be effected by the acknowledgment or acceptance by RELIABLE CAPS of a Purchase Order, Acknowledgment, Release or other forms submitted by Buyer containing other or different terms or conditions. Neither party shall claim any modification, amendment or release from any of the above terms and conditions unless the parties have entered into a mutual agreement to that effect, signed by Buyer and the President of RELIABLE CAPS. No other representative of RELIABLE CAPS is authorized to change any of the above terms and conditions, which relate to all Products sold or delivered as sample or otherwise.
All typographical or clerical errors made by RELIABLE CAPS in any quotation, acknowledgment or publication are subject to correction. If any provision herein is or becomes invalid or illegal in part, such provisions shall be deemed amended, as nearly as possible, to be consistent with the intent expressed in these Terms and Conditions, and if such is impossible, that provision shall fail by itself without invalidating any of the remaining provisions not otherwise invalid or illegal. The validity, performance, and all other matters relating to the interpretation and effect of these terms and conditions shall be governed by the laws of the State of Kansas, without regard to principles of conflicts of laws.