Terms & Conditions
BEST ECO BOTTLE LLC TERMS, CONDITIONS AND POLICIES (12.18.2020)
PRECONDITION OF SALE OF PRODUCTS;
These Terms and Conditions of sale are Best Eco Bottle LLC’s (“BEB” or “Best Eco Bottle”) offer to any potential Customer.
This quotation shall be deemed to be accepted and shall be a binding contract for the sale of the products upon the first to occur of the following events: (i) Customer or its agent executing and delivering the acknowledgment copy of this quotation to BEB; (ii) Customer issuance of a purchase order to BEB; or (iii) BEB shipping or delivering the products to Customer. All quotations are made and orders received subject to applicable rules of government agencies and are subject to final acceptance and confirmation by Best Eco Bottle. These Terms and Conditions of
sale are the only agreement binding on Best Eco Bottle with respect to its sale of products to Customer. Further, they expressly supersede and exclude the application of any Customer’s general terms of purchase as well as any other agreements, whether in writing or oral, issued prior to or after issuance of Best Eco Bottle’s invoice for the products ordered, unless otherwise specifically agreed upon in writing signed by an authorized representative of Best Eco Bottle and then the terms will be varied only to the extent of that writing. Each separate order accepted by Best Eco Bottle constitutes a separate contract, and there is no right to set off obligations incurred under one order against any claims related to another order.
PLACING AN ORDER:
Best Eco Bottle requires a written Purchase Order for all Customer orders. Purchase Orders must be in writing and may be emailed to Best Eco Bottle Customer Service sales@BestEcoBottle.com. Notwithstanding any other mutually agreed upon provision in a Purchase Order, all Purchase Orders will be subject to these Terms and Conditions.
Best Eco Bottle reserves the right to vary any shipment by up to 10% over, or 5% under, the ordered quantity. Best Eco Bottle’s weights and measures will govern, except in case of proven error. Any product manufactured for a specific Customer with a designated release date, including custom colors and stock items, will be shipped and invoiced the same month as the release date absent unusual circumstances.
Pro forma Invoices:
We regret that we cannot issue a Pro forma invoice without a written Customer Purchase Order. Pro forma invoices are valid for 10 days from the date of issue. The Purchase Order must show:
Date or Order; Company Name; Billing Address; Shipping Address if different; Items Ordered; Description; Quantities; Pricing, including Shipping Pallets and Containers; Certificate Requests or Special Handling or Marking Requirements.
Please contact your Customer Service Representative, or use our convenient online form to request samples of stock items. Best Eco Bottle will usually ship your request within two working days. Shipping and delivery dates are approximate and are given by BEB in good faith, but are not guaranteed unless otherwise specifically agreed in writing. If overnight delivery is required, please provide your UPS, DHL or Federal
Express account number for billing; we will try to ship all overnight and second-day service requests on the day they are received if the order arrives before noon US Eastern Time. Sample requests received after noon US Eastern, requests exceeding 8 pieces, and requests for items that are currently out of stock cannot be guaranteed to ship on the same day even when a shipping number is provided. Best Eco Bottle reserves the right to substitute similar bottles and colors when we do not have the exact item requested by the Customer. Customers who cannot accept reasonable substitutions should indicate that substitutions are not acceptable in the "Comments" or “Special Instructions” field on the sample request form. Best Eco Bottle also reserves the right to limit the number of bottles based on available sample room inventory and bottle size.
Best Eco Bottle may publish a price list that generally applies to the products ordered from it. Best Eco Bottle reserves the right to alter prices for individual orders. Certain quantities, products or colors may fall beyond our minimum manufacturing requirement or require the assessment of additional charges. Please consult your Customer Service Representative firstname.lastname@example.org to determine actual charges for your order.
Upon receipt of a Customer’s Purchase Order signifying their intent to pay for goods rendered, Best Eco Bottle may begin activities to produce the ordered product. Customer may not cancel or change an order placed with and accepted by Best Eco Bottle once production has started on the order or, for orders involving customization, except with the prior written consent of Best Eco Bottle and with terms that indemnify Best Eco Bottle against any loss or damage. All cancellation/change requests must be in writing and emailed to Best Eco Bottle Customer Service at email@example.com. Upon receipt of your request, Best Eco Bottle will endeavor to respond in writing within three (3) business days.
Best Eco Bottle's minimum order is $500.00 per shipping address. If the $500.00 figure is not met, a $75.00 processing fee will be added to the invoice.
Labeling Set up charge:
There is a minimum $500.00 Set Up Charge to prepare and run samples on any custom labeling. Labeling may be performed by a third-party service.
Best Eco Bottle’s standard colors are listed below. For non-standard color, there may be an additional charge: Liner made from rPET: Natural.
Thermoformed Molded Pulp: Natural
Purge Charge for Colors or Additives:
Custom colors or special additives require a minimum order of 100,000 pieces. For quantities greater than 100,000 pieces but less than 300,000 pieces, Customers will be charged a $500.00 purge charge per color. For orders between 300,000 and 500,000 pieces, a $350.00 color purge charge will apply. For orders of 500,000 or more pieces in a custom color or special resin, Best Eco Bottle will waive the purge charge. Standard colors for all items are listed in Best Eco Bottle’s Price List.
All taxes, charges, fees and other levies imposed by federal, state or local government on the manufacture, sale, shipment or use of Best Eco Bottle products (other than income and excess profit taxes) will be paid by the Customer. Unless a Customer provides a Certificate of Exemption, Best Eco Bottle is required to invoice, collect and remit North Carolina state sales tax. Certificates of Exemption must be presented prior to order completion and shipment to avoid inclusion of sales tax.
TERMS OF PAYMENT:
Customer may make a deposit at the time of the order as negotiated with BEB Sales. The balance of the payments to be made to Best Eco Bottle without discount prior to shipment for all domestic shipments, provided that for new accounts, the first order must be paid for in advance, preferably with a Credit Card (Visa, MasterCard, Discover, or American Express) unless waived by BEB Sales. International shipments must be paid in full by credit card or wire transfer at the time of order, unless other arrangements have been agreed to by Best Eco Bottle. All invoices past 15 days will be subject to a 1.5% interest charge per month until paid in full, or at the highest rate allowed by applicable law if lower. In any action by BEB against Customer to collect payment, Customer shall pay or reimburse BEB for any and all costs and expenses, including, without limitation, reasonable attorneys fees, incurred by BEB in connection with such action. Except for Customers whose account activity is less than $10,000 per month, payments for domestic shipments must be made by check addressed to:
Best Eco Bottle LLC
6325 Falls of Neuse Rd Suite 35
P. O. Box 317
Raleigh, NC 27615 USA
Customers whose account activity is less than $10,000 per month may pay by credit card (Visa, MasterCard, Discover or American Express) at the time the order is placed. Contact Best Eco Bottle Customer Service at 859-534-PURE for bank details if remitting by wire transfer.
Until invoice is paid in full, Customer hereby grants BEB a security interest in all products and prepayments that are evidenced by this invoice. If payment is not made as provided herein, or if Customer’s financial responsibility becomes unsatisfactory to Best Eco Bottle, Best Eco Bottle may, at its option, elect any one or any combination of the following remedies (1) withhold future deliveries of goods to Customer until a failure has been cured or Customer's financial responsibility has been established to Best Eco Bottle’s satisfaction; (2) require payment in advance as to future deliveries; (3) demand and receive return from Customer of any goods under this or any other invoice for which payment has not been made; (4) transfer to its general stock, scrap, or resell for any prices and on any terms Best Eco Bottle may choose any undelivered product for which Best Eco Bottle has not been paid, and (5) cancel its acceptance of the order. The remedies contained in this paragraph are not exclusive and will be in addition to any other remedies available to Best Eco Bottle under applicable law.
Unless otherwise stated by Best Eco Bottle in writing, all domestic deliveries will be FOB (UCC terms) and all international deliveries will be Ex Works (Incoterms 2010) in either case from the Best Eco Bottle facility producing the order or a third-party fulfillment location specified by Best Eco Bottle. All risk of loss to products sold will pass to Customer upon delivery to the carrier at the Best Eco Bottle appointed facility. Shipping and delivery dates are approximate and are given by BEB in good faith, but are not guaranteed unless otherwise specifically agreed in writing. Best Eco Bottle will not be liable for any delay in the performance of orders or contracts or in the delivery or shipment of products or for any damages suffered by Customer by reason of such delay unless it is caused by the gross negligence of Best Eco Bottle. Customer shall reimburse BEB for all storage, mooring, drayage and inventory expenses incurred by result of such a delay. All export and import duties, fees, permits, licenses, etc. for products delivered outside of the country in which Best Eco Bottle manufactured them will be the responsibility of Customer.
Customer will be obligated to receive product within 30 days from latter of the order request date or date when the production order is completed at Best Eco Bottle. If Customer does not arrange for transportation to ship the product during this timeframe; Best Eco Bottle reserves the right to invoice Customer for the value of the product at that time or release the product to be sold elsewhere.
Customer acknowledges that BEB has informed it that US law and US Export Administration Regulations govern, and may prohibit the reexport or other disposition of products and related technical data received by Customer or its Customers without prior US government approval. Customer agrees that diversion of products from destinations identified in the shipper's export declaration constitutes a fundamental and material breach under these Terms and Conditions and the quotation. If products are diverted from intended destinations, the sale may be voided in the sole discretion of BEB, and all right, title and interest in products shall revert to BEB. In the event of such breach, Customer shall be liable to BEB for all costs, fees and expenses incurred by BEB in connection with recovery of products, including reasonable attorney fees. Customer agrees and warrants that in performance of its obligations under these Terms and Conditions and the quotation, it will comply with US Foreign Corrupt Practices Act.
Shipping and Packing Details:
Domestic/International Shipments: Freight Classification = 250 Harmonized Tariff Classification 4823.70.0040
Best Eco Bottle has two primary methods, selected at the discretion of Best Eco Bottle, of packaging our bottles: Tumble Pack – bottles are randomly packed in the carton
Stack Pack – bottles are placed in the carton in rows and layers
Orders requesting deviations from standard packing are subject to a 10% upcharge to cover the additional labor cost.
Pallet and Container Charges:
All pallets and containers used for delivery of products will be billed at the rate equivalent to Best Eco Bottles actual cost to acquire and use, unless otherwise stated in writing by your Best Eco Bottle Sales Representative, prior to ordering.
Due to limited dock space, all carriers are required to call in advance to establish a dock appointment. We recommend calling 24 hours in advance of the shipment. Our normal shipping hours are: Monday - Friday 8:00 A.M. to 4:30 P.M. local time. Advance confirmation is required for other hours.
Orders shipping from our Raleigh, NC manufacturing plant will be available at:
4106 Atlantic Avenue, Suite 134
Raleigh, NC 27604
Within fifteen (15) days after Customer’s receipt of products, Customer must give written notice to Best Eco Bottle of any claim by Customer based upon condition, quality or grade of products or of any claimed nonconformity with product specifications. Customer’s failure to comply with this policy will constitute irrevocable acceptance by Customer of such products and will bind Customer to pay Best Eco Bottle for the full price of such products. Accepted products may not be returned for any reason without Best Eco Bottle’s written consent. Requests for authorizations should be directed to Best Eco Bottle Customer Service by email at firstname.lastname@example.org.
WARRANTY AND LIABILITIES:
Best Eco Bottle warrants it has title to products until delivered hereunder and may properly sell the same to Customer, that such products will conform to Best Eco Bottle’s product specifications, and that all items delivered shall be free from manufacturing defects in materials and workmanship, and associated packaging when departing from producing plant and transferred to carrier or warehousing agent(s). Best Eco Bottle MAKES NO OTHER WARRANTY OR REPRESENTATION, EXPRESSED OR IMPLIED, CONCERNING THE PRODUCT OR THE MERCHANTABILITY OR FITNESS THEREOF FOR ANY PURPOSE. BEST ECO BOTTLE WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO THE CUSTOMER FOR ECONOMIC, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS AND ANY OTHER LOSS CAUSED BY A DEFECT OR NON-CONFORMITY IN ANY OF THE PRODUCTS, WHETHER OR NOT CAUSED BY NEGLIGENCE, AND ASSUMES NO RISK WHATSOEVER AS TO THE RESULT OF THE USE OF PRODUCT EITHER SINGLY OR IN COMBINATION WITH OTHER MATERIAL. Customer assumes the responsibility to analyze Best Eco Bottle product and to test Customer’s product compatibility and performance with Best Eco Bottle products, and Best Eco Bottle will have no liability for the consequences of Customer using products that are not compatible. Any Best Eco Bottle recommendations or suggestions regarding end uses and methods of use are offered only as recommendations based upon industry experience, and do not constitute a guarantee of performance with any product or package.
Customer represents that it is familiar with the characteristics of the products it purchases from Best Eco Bottle and assumes all responsibility and liability for and will indemnify and hold Best Eco Bottle harmless from any and all loss or injury to persons or property arising out of handling, use or possession of product delivered to it. CUSTOMER PROSPECTIVELY WAIVES AND AGREES NOT TO ASSERT ANY CLAIM OF ANY KIND, WHETHER BASED ON DELIVERY OR NON-DELIVERY OF PRODUCT OR ON TORT (E.G. NEGLIGENCE OR STRICT LIABILITY) THAT IS GREATER IN AMOUNT THAN THE PURCHASE PRICE OF THE QUANTITY OF PRODUCT TO WHICH SUCH CLAIM RELATES.
Any action on a breach of BEB’s obligations under these Terms and Conditions or the quotation must be commenced within one year of shipment date. BEB’s warranty does not apply to any products to the extent they have been subject to (1) other than normal wear and tear, or (2) improper use, improper storage, tampering, negligence, abuse or accident.
Any Customer desiring to return product to Best Eco Bottle, please contact your Customer Service Representative for a Returned Goods Authorization (RGA) number and instructions. A Customer will need prior authorization before any claim or credit will be considered. Consistent with the Terms and Conditions of Sale above, Best Eco Bottle is responsible for replacement of bottles only once it is determined and agreed that they are not within specification or an acceptable quality level.
If a return is requested for reasons other than a quality concern, approval to return will be determined in part based on if the product is a stock or made-to-order product. If the product is a stock product, the Customer is responsible for the freight to the original FOB point and Best Eco Bottle will charge a 25% restocking fee if the product is returned in sellable condition. If the product needs to be repackaged, an additional 25% fee will be assigned. Made-to-order product may be considered for return if other commercial outlets are available. If options are identified, product may be returned but may be subject to return charges similar to those listed above for stock products.
We kindly ask that Customers speak with our Customer Service Department prior to issuing debit memos to Best Eco Bottle. This should be done within five (5) days of delivery. We can then determine if a debit memo is the best course of action to be taken. Please make sure to receive a Returned Goods Authorization number for a debit memo from Customer Service.
LABELS AND MARKETING MATERIALS:
Best Eco Bottle makes available generally acceptable qualified environmental claims related to our bottle materials for informational purposes only. It is NOT meant to be a substitute for the advice provided by an attorney or regulatory advisor. The Customer should consult applicable federal and state environmental regulations such as the Federal Trade Commission (FTC) Guides for the Use of Environmental Marketing Claims (known as “Green Guides”), State of California Public Resources Code (PRC) Sections 42355-42358.5 (Plastic Products), State of Maryland Code, Environment Sections 9-2102 and 9-2104, and other state regulations in your sales area.
All information, claims, data, messages, text, photographs, graphics, or other printed materials are the sole responsibility of the customer. You are fully responsible for final proof and layout approval prior to the printing process. You further acknowledge and agree that you assume responsibility for complying with all relevant federal and state regulations related to the product’s labeling and marketing. Best Eco Bottle does not control the label content submitted by or on behalf of customers and does not guarantee the accuracy, integrity, or quality of the Content.
You agree to defend, indemnify, and hold harmless Best Eco Bottle LLC, their employees, and affiliates against any and all claims, damages, costs, legal fees and expenses arising from or related to customer-submitted content.
Best Eco Bottle reserves the right (but not the obligation) in our sole discretion to remove any content that violates the terms of service or to cancel or otherwise refuse labels and print jobs it deems are illegal, obscene, or offensive. We reserve the right to charge the customer for services rendered up to the point that the job was cancelled.
Customer further acknowledges and agrees that Best Eco Bottle may preserve content and may also disclose content if required by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of service; (c) respond to claims that the Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Best Eco Bottle, its customers, and the public.
California Sales: California law prohibits the sale of plastic packaging and plastic products that are labeled with the terms ‘biodegradable,’ ‘degradable,’ or ‘decomposable,’ or any form of those terms, or that imply in any way that the item will break down, biodegrade, or decompose in a landfill or other environment. California law also strictly limits the sale of plastic packaging and plastic products with the term “compostable” or “marine degradable.” These restrictions apply to all sales in or into the State of California, including such sales over the Internet. See calrecycle.ca.gov for full details.
Maryland Sales: Maryland law prohibits the sale of plastic products that are labeled with the terms ‘biodegradable,’ ‘degradable,’ or ‘decomposable,’ or with any other term to imply that the product will break down, fragment, biodegrade, or decompose in a landfill or any other environment. Maryland strictly limits the use of the terms “compostable” and “home compostable.” These restrictions apply to all sales in or into the State of Maryland, including such sales over the Internet. See Maryland Code, Environment Sections 9-2102 and 9-2104 for full details.
INTELLECTUAL PROPERTY RIGHTS:
Best Eco Bottle has no knowledge of Customer’s intended uses but has provided products based solely upon information furnished to Best Eco Bottle by the Customer. Best Eco Bottle makes no representations or warranties to the Customer regarding any infringement of intellectual property rights (or the absence thereof) resulting from the use of the Products. Best Eco Bottle reserves all intellectual property rights it may have in the products. All intellectual property rights with respect to any design and/or invention conceived or first reduced to practice, by Best Eco Bottle in connection with Best Eco Bottle products will remain the property of Best Eco Bottle. All drawings, illustrations, dimensions, specifications performance projections, designs, plans, computations, and descriptions prepared by Best Eco Bottle in connection with any work quotations, or contracts, whether of products or general engineering or other arrangements are Best Eco Bottle property and must not be copied or disclosed to any other persons or used for any purpose whatsoever without Best Eco Bottle's prior written consent.
In the case of products manufactured, packaged or customized in accordance with Customer’s designs or specifications, or which employ materials of Customer’s design or designation, Customer will hold harmless and indemnify BEB from any judgment, claim, cause of action, loss or other expense, including legal fees and associated costs or fines, caused or arising out of the actual or alleged infringement of any patent, trademark, trade name or suit in the nature of unfair competition.
FDA Approved Resins:
Best Eco Bottle uses only FDA approved resins in the manufacture of our bottles.
Certificates of Analysis:
Requests for Certificates of Analysis, other documentation, marking, or alternate product specifications, must be made in writing at the time of order.
Any waiver by the parties of strict conformance with any of the Terms and Conditions of this Agreement will not be a waiver of any subsequent failure to comply with such Terms and Conditions.
BEB may (without prejudice to its other rights or remedies) terminate or suspend BEB’s performance of the whole or any outstanding part of this quotation while investigating any claim relating to prior shipments (under any quotation) of products or in the event of any of the following circumstances: (i) Customer fails to take delivery of or to pay for the products as required herein, or breaches any other term of this quotation or any other agreement between BEB and Customer; (ii) BEB becomes bankrupt or insolvent or if a receiver takes possession of any material part of Customer’s assets; or (iii) reasonable grounds for insecurity arise with respect to the performance by Customer of its obligations under this quotation, and BEB so notifies Customer.
ENTIRETY OF CONTRACT:
This Agreement and attachments contain the entire understanding between the parties, and supersede any other understanding arrangements whether oral or written except for any written agreement between Customer and Best Eco Bottle which refers to this section and specifies those portions of this Agreement which are subordinate to any such written agreement. BEB expressly rejects all amendments to these Terms and Conditions unless otherwise specifically agreed upon in writing by a duly authorized representative of BEB. No term or condition found inconsistent with the above shall be deemed accepted or an amendment hereof reason of any writing, email or conduct of the parties. No employee or agent of BEB has the authority to make representation, agreement or promise that enlarges or varies the Terms and Conditions contained herein, except by prior written signed directive by an authorized officer of BEB.
Customer agrees to indemnify and hold BEB free and harmless at all times from and against any and all claims and liabilities (including attorney’s fees) arising from Customer’s breach of the terms of these Terms and Conditions and the quotation.
This Agreement will not be assigned by Customer without prior written consent of Best Eco Bottle.
Neither party will be liable for any failure or delay in performance hereunder which may be due, in whole in part, to fire, explosion, strike or labor difficulty, accident, breakdown of machinery or equipment, curtailment in the supply of natural gas, whether pursuant to actions or proceedings already or hereafter commenced, inability to obtain power, labor or materials from normal sources of supply, transportation or handling accidents or delays, act of God, act, order, regulation or request of government or other public authorities, war, riot, or civil disorder or any other cause or causes, of any nature beyond the control of the party affected. In the event of curtailment of supply of product due to any causes, Best Eco Bottle will have the right to apportion deliveries of product on such basis as may appear to it to be equitable. Any accepted order which, due to any such causes will not yet have been completed, may be cancelled by either party with respect to product not then delivered.
This Agreement will be governed by and construed under laws of the State of Kentucky. This is a Kentucky contract; Kentucky law, excluding conflict of laws rules, shall govern its construction, execution, performance and remedy. Customer expressly confers jurisdiction on any Kentucky court or competent subject matter jurisdiction for the enforcement of performance or for remedy in event of breach of any contract arising out of this invoice or the order represented by it.
Should you have questions or comments about our products, or our company please contact your Customer Service Representative at 859-534-PURE or Sales@BestEcoBottle.com.