Terms & Conditions

By using this site you are agreeing to the following terms and conditions

  1. This instrument contains all of the terms and conditions of sale. No statements, promises, or inducements that are not contained in this instrument are valid or binding terms or conditions of sale. This instrument may not be altered except by the signed, written consent of an authorized agent of ADART POLY BAG, INC.
  2. All orders are subject to ADART POLY BAG’s acceptance.
  3. ADART POLY BAG, INC. assures Buyer that the goods which will be furnished pursuant to this order will be properly manufactured according to the General Standards of the industry and in compliance with applicable requirements of the Fair Labor Standards Act of 1938 as amended and as applicable.
  4. ADART POLY BAG, INC. will deliver material of generally accepted good commercial quality. Where an exact definition of quality characteristics is required, it will be the responsibility of the Buyer to define the requirements, to communicate it to the ADART POLY BAG, INC. and to receive from the ADART POLY BAG, INC. a statement in writing that he will conform to the requirements. ADART POLY BAG, INC. hereby alerts the Buyer as to trade standards that are nationally recognized and allow tolerances and variations in dimensions, in quality and in the physical and chemical properties of the material to be furnished in filling this order.
  5. Cancellations or modification of orders will not be accepted by ADART POLY BAG, INC. with respect to products already manufactured or in the process of manufacture, and Buyer shall reimburse ADART POLY BAG, INC. for all costs incurred by ADART POLY BAG, INC. in the preparation for manufacture.
  6. No claim will be recognized unless the quality of defective material exceeds 2% of a major defect and 5% of a minor defect. Major defects are those defects that render the material completely unsuitable for use by the Buyer and Minor defects are those defects which are beyond specification but which do not render the material unusable.
  7. No claims will be recognized after 90 days of manufacture.
  8. Before purchasing, the Buyer shall determine the suitability of the material for its intended use. The Buyer assumes all risk and liability in connection therein; it is therefore expressly understood that ADART POLY BAG, INC. does not warrant fitness of material for end use. ADART POLY BAG MAKES NO WARRANTY OF MERCHANTABILITY OF THE GOODS OR OF THE FITNESS OF THE GOODS FOR ANY PURPOSE.
  9. In no event shall ADART POLY BAG’s liability exceed the price of the goods sold by ADART POLY BAG, INC. to the Buyer under this order. ADART POLY BAG, INC. shall not be liable for any indirect or contingent damage or loss, nor shall ADART POLY BAG, INC. be responsible for damage to any article ordered or used in connection with the goods delivered under this order. ADART POLY BAG’s only obligation shall be to recognize claim for such quantity of material proven not to meet the specifications stated herein.
  10. ADART POLY BAG, INC. assumes no responsibility to rerun, in whole or in part, any order wherein quantity usable to the Buyer is reduced by virtue of defects or other occurrences.
  11. According to trade custom, the ink, paste, glue and other chemical(s) companies supply their products to the ADART POLY BAG, INC. without guarantee. Consequently, ADART POLY BAG, INC. MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, and buyer assumes all risk and liability resulting from the use of the goods, whether used singly or in combination with other goods. Seller neither assumes nor authorizes any person to assume for seller any other liability in connection with the sale or use of the goods sold, and there are no oral agreements or warranties collateral to or affecting this agreement.
  12. All technical advice furnished by ADART POLY BAG, INC., whether on request of Buyer or voluntarily, is given gratis and ADART POLY BAG, INC. assumes no obligation or liability for the advice so given or the results obtained. All such advice is given and accepted at Buyer’s risk, and any such advice does not in any way constitute agreements or warranties collateral to or affecting this agreement.
  13. The ADART POLY BAG, INC. shall not be liable for printing, style, shape or other specification on this order in so far as they concern compliance with the Federal and/or State Food and Drug Laws, Environmental Protection Agencies or local laws relating to labels or labeling. All responsibility in connection therewith is assumed by the Buyer.
  14. An overrun or under run of ten percent (10%) on stock items and twenty-five percent (25%) on items of special size, gauge, grade or print will constitute fulfillment of this contract.
  15. In accepting this order, ADART POLY BAG, INC. does not guarantee to make delivery on any specified date indicated now, or previously, or at any subsequent time and assumes no liability for damages due to delay in filling the order.
  16. No liability shall result from delay in performance or nonperformance caused by circumstances beyond the control of the ADART POLY BAG, INC., including but not limited to an act of God, fire, flood, war, government action, accident, labor trouble or shortage, inability to obtain material, equipment or transportation. Quantities so affected may be eliminated from the order without liability to ADART POLY BAG, INC. but the order shall remain otherwise unaffected.
  17. Unless otherwise stated, delivery shall be made to Buyer in ADART POLY BAG’s plant and/or warehouse, even when freight is prepaid to point of destination. Title to goods shall pass from ADART POLY BAG, INC. to Buyer upon delivery to carrier. Buyer shall be liable for any loss or damages to such material after delivery to carrier.
  18. ADART POLY BAG is required by law to collect all applicable sales taxes for the state, counties and cities of New York. Companies, individuals and organizations who are exempt from sales tax should provide us with their resale certificate by fax to 516-932-1043.
  19. If price quoted includes freight allowance, ADART POLY BAG, INC. reserves the right to use the most economical routing. When freight charges are in excess of those of the most economical routing, the excess shall be paid by the Buyer. In no event and under no circumstances, will the cost of air freight be borne by ADART POLY BAG, INC.
  20. ADART POLY BAG, INC. shall not be liable for indirect loss or third party claims occasioned by delay in completing the work or for any loss to the customer arising from delay in transit, whether as a result of ADART POLY BAG negligence or otherwise.
  21. An unqualified acceptance of these goods pursuant to this order and a waiver by Buyer of all claims with respect thereto shall be conclusively presumed, unless Buyer notifies ADART POLY BAG, INC. in writing to the contrary within 90 days of the date of manufacturer and due opportunity for investigation is given ADART POLY BAG, INC. or its representative.
  22. No return shipments shall be authorized or accepted except by the express written consent of duly authorized employee of ADART POLY BAG, INC. Any return shipment made without written authorization of the ADART POLY BAG, INC. shall be deemed an unauthorized return.
  23. Unless expressly stated otherwise, in writing, by a duly authorized officer of the ADART POLY BAG, INC., all authorized returns are authorized for the purpose of inspection only. The acceptance by ADART POLY BAG, INC. of a return shipment will not constitute a waiver of any of the terms, covenants or conditions of the original order. Furthermore, such inspection shall in no event be deemed a variance of the original order. Title to the material will remain at all times with the Buyer and in no event shall pass to ADART POLY BAG, INC.
  24. No claim shall be allowed and no credit given for goods returned without ADART POLY BAG, INC.’s written authority. ADART POLY BAG, INC. reserves the right to refuse acceptance of an unauthorized return. ADART POLY BAG’s decision to accept an unauthorized return shall be deemed as an accommodation to the Buyer. In such case, title to the material shall remain with the Buyer and the material will be held at the risk and expense of the Buyer and is subject to the Conditions of Acceptance set forth above.
  25. ADART POLY BAG, INC.’s products are extremely sensitive to atmospheric and temperature changes. Buyer should store merchandise in a clean dry place avoiding extreme temperature and humidity. Temperature of approximately 65 degrees Fahrenheit and relative humidity of 35% to 50% are most desirable. ADART POLY BAG, INC. does not assume any responsibility for difficulties or losses arising from weather conditions, improper handling or storage. If this merchandise is resold, ADART POLY BAG, INC. recommends cautioning Buyer as above.
  26. No claims will be recognized for material that has been improperly stored.
  27. If the cost of manufacturing, storing, selling or delivering the material ordered hereunder should be increased by any governmental action, the price of the material shall be revised accordingly.
  28. Terms shown on this contract are from date of invoice and are not contingent upon delivery. ADART POLY BAG, INC. reserves the right to charge interest of 2% per month on any unpaid balance on all bills not paid at maturity.
  29. In the event Buyer fails to fulfill the terms of payment, or in case ADART POLY BAG, INC. shall have any doubt at any time as to Buyer’s financial responsibility, ADART POLY BAG, INC. will be under no obligation to make further shipments, and may elect at any time to cancel all or any part of the unfulfilled specifications of buyer with seller, and proceed for the collection of the amount unpaid on shipments previously made; in the case of seller’s doubt, seller may demand adequate assurance of due performance in the future, including, but not limited to, cash or satisfactory security.
  30. “Insolvent” for the purpose of this agreement means being unable to pay one’s debts in the ordinary course of business.
  31. In the event of bankruptcy or insolvency of buyer, or in the event any proceeding is brought by or against buyer under the bankruptcy or insolvency laws, seller will be entitled to cancel any order then outstanding and will receive reimbursement for the reasonable and proper cancellation charges accrued by seller.
  32. In the event Buyer fails to fulfill the terms of payment and is in default, upon suit, ADART POLY BAG, INC. will be entitled to recover reasonable attorney’s fees, not to exceed twenty five per cent, (25%) of the outstanding balance in default, court fees, and reasonable costs of service of process.
  33. In the event Buyer fails to fulfill the terms of payment and is in default, upon suit, ADART POLY BAG, INC. will be entitled to recover reasonable attorney’s fees, not to exceed twenty five per cent, (25%) of the outstanding balance in default, court fees, and reasonable costs of service of process.
  34. This order is neither assignable nor transferable by the Buyer, in whole or in part, except with the written consent of the ADART POLY BAG, INC. No rights arising under this agreement may be assigned by either party. An assignment would change the duty imposed by this agreement, would increase the burden or risk involved and would impair the chance of obtaining performance or payment. Any assignment contrary to this provision will be a breach of this agreement.
  35. In case of any assignment without the consent and approval in writing of seller, seller may refuse to carry out this agreement, either with the assignor or assignee, but all rights of action for any breach of this agreement by the assignor are reserved to the non-assigning party. In the event this contract is assigned, buyer agrees that buyer will not assert against the assignee any claim or defense that buyer may have against seller, provided the assignee take the assignment for value, in good faith, and without notice of claim or defense except such defenses as are of a type that may be asserted against a holder in due course of a negotiable instrument.
  36. Buyer shall reimburse ADART POLY BAG, INC. for all taxes, excises or other charges, which the ADART POLY BAG, INC. may be required to pay to any government, (National, State or local) upon the sale, production or transportation of the material sold hereunder.
  37. ADART POLY BAG, INC. reserves the right to change prices on its web site at anytime.
  38. ADART POLY BAG, INC. attempts to be as accurate as possible; however, ADART POLY BAG, INC. does not warrant that product descriptions or other content of its web site is accurate, complete, reliable, current, or error-free.
  39. Any communication or material other than your personal information submitted to ADART POLY BAG by electronic mail or any other means, electronic or otherwise, is the exclusive property of ADART POLY BAG, INC. and is considered to be non-confidential and non-proprietary. Such a communication may include without limitation questions, comments, suggestions and ideas. ADART POLY BAG, INC. shall be free to use them for any purposes whatsoever without restriction or compensation.
  40. It is the customer’s responsibility to maintain a copy of any original electronic file.
  41. Proofs of all work may be submitted for customer’s approval and ADART POLY BAG, INC. shall incur no liability for any errors not corrected by the customer in proofs so submitted. Due to differences in equipment, monitors, paper, inks and other conditions between color proofing and production runs, a reasonable variation in color between color proofs and the completed job will be deemed acceptable. With certain products we are not able to guarantee exact color matches even when printing specific Pantone colors. Therefore, the proof shown by seller to buyer is used for demonstration purposes only. There is no warranty that the goods as delivered will conform to the proof, and conformity of the goods to the proof is not part of the basis of the bargain between seller and buyer.
  42. This Agreement shall be construed and governed by the laws of New York (without regard to conflict of law principles thereof). Any action at law, suit in equity, or other judicial proceeding arising under or from this Agreement must be instituted only in the Courts of the State of New York. Any such action must be venued in the courts of Nassau County, New York, and each party waives the right to change of venue (and without regard to the convenience of the parties). Further, Buyer agrees to submit to personal jurisdiction in New York and waives any objection thereto.
  43. The covenants and conditions contained in this Agreement apply to and bind the parties, heirs, legal representatives, and assigns of the parties.
  44. All of the pictures on this website were manufactured by Adart Poly Bag, Inc. or given to us by one of our manufacturing partners. Wolk Packaging Group and Adart Poly Bag, Inc. in no way claim to have manufactured all of the bags shown on this website.

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Adart Poly Bag

1670 Old Country Road Suite 214
PO Box 615
Plainview, NY 11803

Ph: 516-932-1001 | Fax: 516-932-1043

Email: Sales@Adartpolybag.com

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