Terms & Conditions

TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS AND SERVICES (Rev. 3.6.18)

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (i) DO NOT AGREE TO THESE TERMS, (ii) ARE NOT THE OLDER OF (A) AT LEAST 18 YEARS OF AGE OR (B) LEGAL AGE TO FORM A BINDING CONTRACT WITH PROFESSIONAL PLASTICS, OR (iii) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.

These terms and conditions (these "Terms") apply to the purchase and sale of products and services through www.professionalplastics.com (the "Site"). These Terms are subject to change by Professional Plastics, Inc. (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the "Last Updated Date" referenced on the Site. You should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see Section 9).

Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

Prices and Payment Terms.
1. All prices, discounts, and promotions posted on this Site are subject to change without notice. All prices stated on this website are in US Dollars (USD). Pricing is fixed in US Dollars and will NOT fluctuate with currency exchange rates. The price charged for a product or service will be the price advertised on this Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
2. Terms of payment are within our sole discretion. Invoices are due and payable within the time stated on your invoice. We may charge a late payment penalty of 1.5% per month on undisputed amounts, or the maximum rate permitted by law, whichever is less. Without waiving any of our other rights or remedies, we may refuse additional orders and suspend any services until all overdue amounts are paid in full.
3. Small Order/Minimum Order Charge. For customers in the USA, any order less than $25.00 will be assessed a Small Order Charge necessary to meet the minimum order total of $25.00. No small order fee will be added to orders exceeding $25.00. Customers in Mexico, Canada, Puerto Rico and the US Virgin Islands have a Minimum Order of $150.00 and will be assessed a small order fee as required to meet that minimum order value. Customers in all other countries will have a Minimum Order of $250.00 and will be assessed a small order fee as required to meet that minimum order value.
4. Sales Tax Compliance. Professional Plastics is required to charge sales tax to customers in the following states; Alabama, Arkansas, Arizona, California, Colorado, Connecticut, District of Columbia, Florida, Georgia, Hawaii, Iowa, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, New Mexico, New York, North Carolina, Nebraska, Nevada, New Jersey, New York, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming unless a valid Resale Certificate of Tax Exemption is provided by the customer in a timely manner. Customers who wrongfully supply invalid resale certifications will be reported to the tax revenue department. In such cases, where a customer has provided false information, or has failed to promptly provide us with a hard copy tax resale certificate, Professional Plastics will assess the appropriate local tax rates as required by law. Orders may be delayed as a result of such errors. Professional Plastics will make every effort to provide prompt service while maintaining compliance with all state and local tax laws. If any discrepancies exist, Professional Plastics will make every reasonable effort to resolve such issues quickly and reasonably. (additional, state-specific statements below)
  - Alabama: Seller has collected the simplified sellers use tax on taxable transactions delivered into Alabama and the tax will be remitted on the customer's behalf to the Alabama Department of Revenue. Seller's program account number is SSU-R010689782.
5. All Sales are final at the agreed upon payment terms stated at the time of sale. Customers may choose to apply for special payment terms, but the approval of those terms are at the sole discretion of Professional Plastics, Inc. All necessary credit application paperwork and State tax resale forms must be on file at Professional Plastics before orders ship or we will assess the current tax rate. For new accounts, all forms must be completed, signed and returned to Professional Plastics to establish Net-30 payment terms. Customers must provide acceptable credit references and meet our credit approval standards in order to establish an open account with Professional Plastics. We accept MasterCard, Visa Card, and American Express. All online credit card orders are processed through a secure credit verification system and transactions are processed through a PCI compliant payment gateway. All online credit card transactions are pre-authorized for 10% above the transaction value. Professional Plastics reviews all orders for sales tax exemption compliance based on verification of customer's stated resale number and/or sales tax exemption status. In the event that the customer has inaccurately stated their legal tax exemption status, Professional Plastics will utilize a portion of the 10% pre-authorization charge in order to collect the legally required sales tax. Professional Plastics may also utilize a portion of the 10% to cover any expedited shipping requests, but only at the customers' direction and approval.
6. Credit Card Billing Authorization Forms may be manually faxed or e-mailed to customers who pay by credit card, but prefer not to place their order online. Special order items, custom order items, custom fabricated items or non-returnable items may require payment in full prior to shipping. Under certain circumstances (custom cut-to-size orders, custom fabrication, special order items), cash deposits, money orders, electronic cash transfers, and/or credit card payments may be required in order to expedite your shipment. Professional Plastics, Inc. can also arrange C.O.D. shipments under certain circumstances.
7. Handling/Boxing/Pallet Charges. All orders shipped via UPS, Federal Express, Emery, LTL common carrier and other shipment companies are accessed a $ 10.00/per handling/boxing fee and/or a $20.00 per "palletized shipment" charge.
8. International Sales. International Sales require a minimum order of $ 250.00, unless otherwise stated through direct written agreement by Professional Plastics. A minimum order of $ 500.00 is required for customers paying by Bank Wire rather than Credit Card. Customers in Mexico, Canada, Puerto Rico and the US Virgin Islands will be assessed a Minimum Order Value of $ 150.00 for online credit card transactions. Customers in Mexico and Canada may be exempted from the $ 150.00 international minimum order value when placing their order online.
Please send your requests for quotes and orders via e-mail (instead of faxing) to: sales@proplas.com. Professional Plastics accepts wire transfers directly to our bank account. Please contact John Maglione at 1-714-446-6500 or e-mail at j.maglione@proplas.com for bank account information (Bank Name), and ABA#. Include your Professional Plastics salespersons contact name and your PO# number in any correspondence for payment. Professional Plastics reserves the right to add a Bank Wire Fee of up to $35.00 to the cost of any international order if the customer chooses to pay by wire payment rather than credit card. In some cases, Professional Plastics will require advanced wire payment only for some international customers. All orders are subject to review and approval by Professional Plastics. We typically ship international shipments via UPS International, or Federal Express or DHL. All international shipments are sent freight & duties collect on the customer account number. Professional Plastics takes no responsibility for duties, tariffs or other related charges. Prices quoted for freight do not include duties and taxes. Professional Plastics utilizes "plastic skids" (no wood skids are used) conforming to International Shipping Standards. Any international sale that requires materials to be packaged on a skid platform, will be assessed the appropriate fee for the cost of the plastic skid(s).

Please include the name and contact information of the freight company you would like us to ship your order, and if billing is directly to your company, we will need your billing account number to charge the freight. Otherwise, shipping costs will need to be wired to Professional Plastics in advance.

Shipments; Delivery; Title and Risk of Loss.
1. All orders are shipped F.O.B. shipping point by the least expensive surface method available, unless premium/fast shipping methods are requested. In all cases, the customer is required to pay all shipping charges. Professional Plastics makes no freight estimate at the time of order, or assumes any responsibility for freight charges or damages that may occur in transit. Although Professional Plastics will make every reasonable effort to select the most efficient & economical method of shipment, it is the responsibility of the customer to exercise due diligence in selecting a freight carrier that meets their cost and delivery requirements. ALL Freight charges are the sole responsibility of the customer. We are not liable for any delays in shipments.

Returns, Cancellations & Order Refusal. No returns will be accepted without prior authorization in the form of an "RMA" number obtained by calling our sales office. Any claims for shortage or breakage for any reason, must be made within 3 days from date of receipt. All returns are subject to a 25% restocking charge, plus reconditioning and repacking costs if necessary. No specially-made, custom fabricated, non-"cataloged", special-ordered, or cut-to-size item may be returned. If the product has been altered by the customer in any way, it may not be returned. Returns with authorization & RMA # will not include a credit for any freight charges or customer labor charges of any kind. Cancellations must be made in writing via confirmed e-mail within 4 hours of order placement. A 25% Order Cancellation Fee may be assessed. If Professional Plastics has already performed any function associated with the fulfillment of the order, Professional Plastics reserves the right to charge the customer for the full amount of the order.

Manufacturer's Warranty and Disclaimers.
1. We do not manufacture or control any of the products or services offered on our Site. The availability of products or services through our Site does not indicate an affiliation with or endorsement of any product, service, or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on our Site. However, the products and services offered on our Site are covered by the manufacturer's warranty as detailed in the product's description on our Site and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer's warranty.
2. ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
3. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
4. YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

Limitation of Liability.
1. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
2. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
3. The limitation of liability set forth in Section 7(b) shall not apply to (i) liability resulting from our gross negligence or willful misconduct and (ii) death or bodily injury resulting from our acts or omissions.

Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Site for your own use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
1. It is the policy of Professional Plastics to fully comply with all laws and regulations governing the export of its products, services, software and technical data. Each employee must be dedicated to ensure such compliance.
2. All sales, service, shipping, accounting and other personnel that may be involved in export shall be familiar with and review regularly all rules and regulations to ensure compliance with government regulations. Particular attention should be taken when releasing technical information to foreign nationals, whether abroad or in the United States, in electronic transmission of data/software and when hand carrying exports.
3. Under no circumstances shall Professional Plastics personnel sell or ship any product contrary to United States export laws or shall these laws be compromised for personal gain. Neither sales nor shipments are to be made to any individual or firm appearing in the Denied Parties Lists or to any firms owned by or associated with the individuals of firms therein listed. Also, no orders or shipments are to be made to any country subject to economic or trade sanctions imposed by the U.S. unless otherwise authorized by U.S. law. Failure to comply with these regulations may result in the imposition of criminal and/or civil fines and penalties, including incarceration for individuals and suspension of export privileges for Professional Plastics.
4. As a result, we need to be vigilant in screening our customers and transactions. It is, therefore, more important than ever that the "Know Your Customer" guidelines are understood and implemented in order that Professional Plastics can meet the required "know" standard.
5. In particular, no transaction can be made when dealing with individuals, companies and countries involved with the proliferation of nuclear missile and chemical/biological related processes and/or weapons without a license from the Department of Commerce.
6. All questions concerning whether a proposed sale, shipment or other transaction, domestic or international, complies with the export laws shall be immediately referred to Chris Kietzke (1-800-966-PROS).
7. Non-compliance or possible non-compliance with any of the export laws and regulations that becomes known to any Professional Plastics employee shall be immediately reported to the President of Professional Plastics.

Privacy. Our Privacy Policy, /privacy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

Customer Ratings & Reviews. Customer Ratings and Reviews
1. These Terms of Use govern your conduct associated with the Customer Ratings and Review service offered by Professional Plastics (the "CRR Service"). To the extent of any conflict between Professional Plastics' Privacy Policy and these Terms of Use, these Terms of Use shall control with respect to the Customer Ratings & Reviews.
2. By submitting any content to Professional Plastics, you represent and warrant that:
  1. you are the sole author and owner of the intellectual property rights thereto
  2. all "moral rights" that you may have in such content have been voluntarily waived by you
  3. all content that you post is accurate
  4. you are at least 18 years old
  5. use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.
3. You further agree and warrant that you shall not submit any content:
  1. that is known by you to be false, inaccurate or misleading;
  2. that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  3. that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
  4. that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation
  5. for which you were compensated or granted any consideration by any third party
  6. that includes any information that references other websites, addresses, email addresses, contact information or phone numbers
  7. that contains any computer viruses, worms or other potentially damaging computer programs or files.
4. You agree to indemnify and hold Professional Plastics (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
5. For any content that you submit, you grant Professional Plastics a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
6. All content that you submit may be used at Professional Plastics's sole discretion. Professional Plastics reserves the right to change, condense or delete any content on Professional Plastics' website that Professional Plastics deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. Professional Plastics does not guarantee that you will have any recourse through Professional Plastics to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, Professional Plastics reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Professional Plastics, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Professional Plastics, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
7. Professional Plastics may require you to provide certain information or data in order to submit a review. By submitting a review, you agree and consent to Professional Plastics' promotional use and display (whether online or offline) of all such information or data you provide with, or as part of, your review (including, but not limited to, any name, user name, screen name or other identifier, and any age, location, or other personal information you choose to provide).

Language Translation. The Professional Plastics website has been translated for your convenience using translation software powered by Google Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Translations are provided as a service to users of the Professional Plastics website, and are provided "as is." No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any translations made from English into any other language. Some content (such as images, videos, Flash, etc.) may not be accurately translated due to the limitations of the translation software. The official text is the English version of the website. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated website, please refer to the English version of the website which is the official version. THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.

Waiver of Jury Trials
1. YOU AND PROFESSIONAL PLASTICS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE.

Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 14 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Professional Plastics.

No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.

Notices.
1. To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
2. To Us. To give us notice under these Terms, you must contact us as follows: (i) by facsimile transmission to 714-278-6750; or (ii) by personal delivery, overnight courier or registered or certified mail to Professional Plastics, Inc., 1810 E. Valencia Dr., Fullerton, CA 92831. We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

Entire Agreement. Our order confirmation, these Terms, our Website Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

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