Subject to change.
This Agreement sets forth the sale terms and conditions between Avery Dennison® and Buyer as well as those standard terms and conditions set forth on the applicable Avery Dennison website. The use of any purchase order, approval order, or any other instrument, form or agreement in connection with the services, deliverable or products provided hereunder shall be considered for the convenience of the Buyer and any provisions therein shall not modify, supersede or supplement the terms and conditions of this Agreement.
Limitation of Liability:
Total liability from Avery Dennison to Buyer and Buyer’s exclusive remedy for direct damages, regardless of injury, property damage, or schedule delays, shall be limited to, at Avery Dennison’s sole option, a refund of purchase price paid or replacement of the product less a restocking fee or other applicable fees. AVERY DENNISON SHALL NOT BE LIABLE TO BUYER FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, REGARDLESS OF THE THEORY OF LAW ON WHICH THE CLAIM IS BASED.
Warranty (Equipment and Supplies):
All machines and equipment purchased from Avery Dennison are warranted in writing to be free from defects in materials and workmanship for one year from the date of manufacture, except Avery Dennison brand fasteners, warranted for ninety (90) days. A specific warranty for each machine or equipment may be included in the shipping carton. Monarch® tags, labels and other supplies are warranted to be free from defects in material and workmanship for a period of ninety (90) days from date of manufacture and to operate with any properly functioning Monarch machine for which it was designed. The suitability of all purchased supplies for Buyer’s application or usage is the sole responsibility of Buyer and Buyer should test such supplies in end-user conditions to ensure the supplies meet Buyer’s requirements. AVERY DENNISON DOES NOT WARRANT CONSISTENCY, COLOR OF PAPER OR INK IN MATCHING OF TYPOGRAPHY FOR PRODUCTS IMAGED BY AVERY DENNISON. THIS LIMITED WARRANTY IS IN LIEU OF ANY AND ALL OTHER WARRANTIES OF REPRESENTATION EXPRESSED OR IMPLIED, INCLUDING MERCHANTABILITY OR FITNESS FOR BUYER’S PARTICULAR PURPOSES.
Label Supplies Over/Under Run Policy:
Items will be shipped within plus/minus approximately ten percent (10%) of order quantity, or to the nearest standard packaged unit or as otherwise agreed or published in corresponding product information.
This Agreement shall be governed and interpreted under the laws of the State of Ohio, without reference to its conflict of law rules.
Errors identified in writing to Avery Dennison, such as typographic, descriptive or photographic errors are subject to correction and the cost associated with the correction may be charged to Buyer if the error was present in a proof-copy provided to Buyer and Buyer accepted the proof. Avery Dennison shall not be responsible for any errors which are the result of Buyer’s submissions.
Once set up for a custom order has been initiated, no custom order can be cancelled or modified and Buyer will be billed for cost of the order and any associated fees regardless of whether you accept delivery or not.
Pricing and Availability:
Avery Dennison reserves the right to discontinue or adjust price of any product. Items are subject to availability of paper and other raw materials. Setup charges on custom orders are a one (1) time charge if re-order is made within three (3) years from the original order date, and excludes custom labels or changes in text or other description.
Avery Dennison may charge a restocking fee equal to fifteen percent (15%) of the value of the order for standard products (no customization) or $25 whichever is greater.
Visa, MasterCard or American Express accepted. Buyer payment to credit card holder is made pursuant to the cardholder agreement. All items are F.O.B. shipping point. Appropriate state and local taxes, plus shipping rates and any other applicable fees will be added.
In-stock products typically ship in about 2 business days (or sooner if possible) from receipt of valid order. Please allow additional time for weekends and holidays. Custom Monarch products typically ship in about 4-6 weeks depending on availability. Some products require separate shipments. Should this occur, it will be identified on your invoice statement. Avery Dennison shall not be responsible for delays or losses due to force majeure type events, such as fire, strikes, labor disputes, natural disasters, severe weather, terrorism, carrier delays, and any other delays beyond Avery Dennison’s control.
Failure of Buyer to object in writing within thirty (30) days concerning any defect or deficiency with the product received from Avery Dennison, constitutes complete acceptance by Buyer of shipment received. Avery Dennison reserves the right to recondition any rejected material to meet Buyer’s specifications or to replace all or a portion thereof within a reasonable time after receipt by Avery Dennison. Product return requires prior authorization within thirty (30) days from date of shipment, no returns after thirty (30) days from date of shipment, and no returns for customized products.
Various third party trade names and trademarks are used herein and the the property of their respective owner. The information contained herein is believed to be reliable but Avery Dennison makes no representations concerning the accuracy or correctness of the data. The information and products for purchase, like any other, should be confirmed independently for the particular end user conditions to ensure the proposed product, labeling or material meets the relevant requirements and regulations. Avery Dennison shall have no liability whatsoever, regardless of any legal theory, arising out of your use or reliance on the information contained herein. Independent results may vary.