Plastic Oddities (a division of Diverse Corporate Technologies)
Terms and Conditions of Sale
PRICES, SHIPPING, INSURANCE AND RISK OF LOSS: Full Freight Allowance determined by your region. Except as expressly stated otherwise in writing by Plastic Oddities, all prices quoted for Plastic Oddities’ products shall be F.O.B. Plastic Oddities’ warehouse in Forest City, North Carolina, U.S.A. Except as otherwise agreed in writing by Plastic Oddities, Plastic Oddities’ quoted prices shall not include: (a) charges for freight, insurance or other costs incurred in connection with shipment of Products or (b) any sales, use, excise, gross receipts or similar taxes, all of which shall be paid by Buyer. All risk of loss or damage to Plastic Oddities’ products shall pass to Buyer upon transfer of Plastic Oddities’ products to the carrier at the F.O.B. point, but title to the products shall pass only upon acceptance thereof by the Buyer at its premises. Plastic Oddities may change the prices applicable to its products at any time. Except as otherwise agreed in writing by Plastic Oddities, each sale of any Plastic Oddities product shall be at Plastic Oddities’ list price in effect on the date of shipment.
PURCHASE ORDERS: All purchase orders placed on behalf of Buyer shall constitute the Buyer’s Irrevocable commitment and obligation to purchase the products identified thereon in the indicated Quantities at Plastic Oddities’ prices then in effect in accordance with these Terms and Conditions, subject to acceptance or non-acceptance by Plastic Oddities, in its sole and absolute discretion, in whole or in part. No terms, stipulations or conditions set forth in a Buyer’s purchase order or other document furnished by Buyer shall be binding on Plastic Oddities unless expressly and specifically accepted by Plastic Oddities in writing. Any terms, stipulations or conditions set forth in a purchase order or other document furnished by Buyer that are different from, or in addition to, any of the terms, stipulations or conditions set forth in these Terms and Conditions are hereby objected to by Plastic Oddities, and all such different and additional terms, stipulations or conditions shall be null, void ab initio and of no effect unless expressly and specifically agreed to in writing by Plastic Oddities.
PLASTIC ODDITIES’ ACCEPTANCE OR NONACCEPTANCE: All purchase orders placed by buyer shall be subject to acceptance or non-acceptance by Plastic Oddities, in its sole and absolute discretion, at its office in Forest City, North Carolina, U.S.A. Without limitation of the foregoing, Plastic Oddities has no obligation to accept, and may cancel, without liability, any purchase orders from Buyer at any time that Plastic Oddities shall deem itself insecure with respect to Buyer’s account or financial standing or Buyer’s relationship with Plastic Oddities generally. Plastic Oddities reserves the right to terminate or cancel, in whole or in part, any purchase order at any time prior to shipment of the products covered by such purchase order. Buyer shall comply with any requirements established by Plastic Oddities from time to time concerning the minimum volume of products that may be covered by any purchase order.
ALLOCATIONS: Plastic Oddities reserves the right to allocate its inventory of products in such a manner as it may from time to time, in its sole and absolute discretion, determine, and Plastic Oddities will not be liable for any delay in filling, or any failure to fill, any purchase order due to shortage of any products or allocation of Plastic Oddities’ products among purchasers. Without limitation of the foregoing rights of Plastic Oddities, Plastic Oddities shall have the right to refuse any purchase order, in whole or in part, at any time buyer has failed to pay when due any amounts payable under a Plastic Oddities invoice.
FORCE MAJEURE: Plastic Oddities shall not be responsible or liable for any cause, event, situation, or agency preventing performance of an obligation under this Agreement which is beyond the reasonable control of any party hereto, and which by the exercise of due diligence could not have been avoided or overcome without undue effort or expense, including without limitation, widespread disease or pandemic (such as COVID-19), acts of governmental authorities (such as quarantines or business shutdowns or other limitations on business operations, or other laws, regulations or orders to address other events or circumstances that would be a Force Majeure under this Agreement), civil commotion (such as riots or protests), cyber attacks (such as hacking, viruses, ransomware or other compromises to IP systems), fire or other casualty, lack of police or fire protection or other governmental services, restrictions or limitations on fuel, transportation or shipping, or the impossibility of the use of railways, aircraft, or other means of public or private transport, failure of public or private telecommunications networks, flood, sabotage, embargo, explosion, war, military actions, terrorist attacks, strikes, labor trouble, material/component shortages or unavailability, accident, other events that materially disrupt business operations or any other event similar in nature, or other acts of God, which shall excuse any failure or delay on the part of Plastic Oddities, and Plastic Oddities shall have no obligation or liability whatsoever arising out of or in connection with any such failure or delay.
DELIVERY DATE: Any delivery date agreed to by Plastic Oddities shall be deemed to be an estimated delivery date only. Plastic Oddities shall not be liable for any loss or damages allegedly caused by failure to make any delivery of a purchase order (or portion thereof) when due. Without limitation of the foregoing, Plastic Oddities is not responsible for any delay in shipment or delivery of its products occurring after such products are transferred to the carrier.
RETURNS: All sales are final. The buyer may not return any product to Plastic Oddities without prior written authorization and a Return Authorization number from Plastic Oddities. All requests for Return Authorizations must be submitted within 10 days of shipment of merchandise and are subject to approval. Return Authorizations will expire 30 days after the date issued. Only clean, resalable merchandise will be accepted and the Buyer must prepay freight. After factory inspection, a 25% restocking fee will be assessed. All credits for returned merchandise will be credited to future purchases of equal or more value. All credits will expire 90 days from date of issue. No credits will be issued for past invoices. The buyer may not for any reason take unauthorized debits for invoiced merchandise.
REFUNDS: All sales are final, and no cash refund will be granted. If an official credit memorandum from Plastic oddities is authorized, then the amount of the credit can be applied to future purchases.
PAYMENT: Master Card, Visa, Discover and American Express are accepted. Except as otherwise agreed in writing by Plastic Oddities, all payments by Buyer to Plastic Oddities shall be made, without setoff or other reduction, by causing Plastic Oddities’ bank account to be credited for the full amount due in accordance with Plastic Oddities’ payment instructions. Buyer may make payments by draft only if Plastic Oddities gives its prior written consent to this method of payment. Payment shall be due by the date or dates specified by Plastic Oddities in connection with any purchase order. If Plastic Oddities agrees to ship any products prior to payment in full, Buyer shall pay at Plastic Oddities’ remittance location, in full any and all amounts owed with respect to such shipment of products within thirty (30) days of the invoice date. If payment is not received within thirty (30) days of the invoice date, interest shall accrue from the invoice date on the unpaid amount(s) at the monthly rate of one and one-half percent (1.5%), or at the maximum rate allowed by applicable law, whichever rate is less. Unearned cash discounts will be rebilled to the Buyer plus a $5.00 service charge.
Please be advised that Plastic Oddities will be charging a $15 processing fee to all unauthorized short paid invoices. The Sales Terms and Agreement requires the buyer not to make any deductions of any kind from invoices, unless buyer shall have received an official credit memorandum from Plastic Oddities authorizing such debit deduction. Therefore, any debit memo that is applied must be pre-approved. If you have any further questions, please feel free to send an email to accounting@PlasticOddities.com.
NO OFFSET: Buyer agrees not to make any deductions of any kind from any payments coming due to Plastic Oddities unless Buyer shall have received an official credit memorandum from Plastic Oddities authorizing such deduction.
PURCHASE MONEY SECURITY INTEREST: Buyer hereby grants to Plastic Oddities a purchase money security interest in the Plastic Oddities products identified in any purchase order, and in all accessions and additions thereto, and in all products and proceeds thereof, as security for the full and prompt payment of all amounts at any time owed by Buyer to Plastic Oddities. Buyer shall cooperate with Plastic Oddities, at buyer’s expense, in perfecting the security interest granted in the foregoing sentence by, among other things, executing any and all UCC financing statements (and assisting in the filing thereof) as may be requested from time to time by Plastic Oddities. Upon default by Buyer in the timely payment of any and all amounts due with respect to any of Plastic Oddities’ products, Plastic Oddities shall be entitled to exercise all the remedies of a secured party under the Uniform Commercial Code. In addition thereto, Plastic Oddities shall have the right to enter the Buyer’s premises and remove such Plastic Oddities products there from, with or without judicial process.
LIMITED WARRANTY: Plastic Oddities warrants that for one (1) year from date of purchase, the Plastics Oddities product will be free from defects in material and workmanship. If the product does not conform to the Specification, Plastic Oddities shall, in its sole and absolute discretion, either repair or replace the product or refund the purchase price of the product.
DISCLAIMER OF WARRANTY: OTHER THAN THE LIMITED WARRANTY, PLASTIC ODDITIES MAKES NO OTHER WARRANTIES WITH REGARD TO ITS PRODUCTS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OF FITNESS FOR ANY PURPOSE, OR ANY WARRANTY AGAINST INFRINGEMENT SUCH AS PROVIDED IN ARTICLE 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR ANY COMPARABLE STATUTE OR LAW THAT MAY GOVERN THE SALE OF GOODS. PLASTIC ODDITIES DOES NOT GUARANTEE, WARRANT OR OFFER ANY PATENT PROTECTION TO BUYER ON ANY OF PLASTIC ODDITIES’S PRODUCTS, AND PLASTIC ODDITIES SHALL NOT BE LIABLE OR IN ANY WAY RESPONSIBLE TO BUYER BECAUSE OF ANY ALLEGED INFRINGEMENTS OF PATENT RIGHTS IN CONNECTION WITH THE SALE OR USE OF ANY OF PLASTIC ODDITIES’S PRODUCTS.
NO RESELLER WARRANTY: Buyer agrees not to make or extend any warranties or representations concerning the quality or capability of any of Plastic Oddities’ products to any person or entity except as authorized in the manufacturer’s written warranty (if any) accompanying the products in question. In no event shall Buyer indicate to any person or entity that Plastic Oddities offers any warranty with respite to the products. Buyer shall indemnify and hold Plastic Oddities harmless against all claims, suits, expenses, losses, costs and liability (including attorneys’ fees) incurred by Plastic Oddities arising out of or resulting from any breach of this paragraph.
LIMITATION OF LIABILITY: The damages recoverable by buyer against Plastic Oddities for any claim of any kind whatsoever arising from or in any way connected to any Plastic Oddities products, or the purchase, sale or use thereof, regardless of the legal theory, shall not be greater than the actual purchase price of the products paid by Buyer with respect to which such claim is made. In no event shall Plastic Oddities be liable for any special, indirect, or incidental or consequential damages of any kind, including but not limited to any damages with respect to loss of income, loss of expected or prospective profits, any loss caused by delay, any expenditures, investments or commitments of Buyer, any loss with respect to Buyer’s establishment, development or maintenance of business reputation or goodwill, any loss incurred by buyer in obtaining substitute products, or any liability, loss or expense of Buyer arising from the claims of third parties such as, but not limited to, customers of Buyer.
MISUSE: Plastic Oddities shall have no liability or obligation to Buyer with respect to any of Plastic Oddities’ products which have been subject to abuse, misuse, improper use, handing or storage, negligence, accident, modification, alteration, tampering, failure to follow normal operating procedures, attempt to repair by unqualified personnel, any sale, use or operation of such products outside their normal environment, or any alteration of any literature with respect to such products.
CLAIMS: All claims of Buyer relating to a nonconformity or defect in the products delivered shall be deemed forever waived unless (i) Buyer provides Plastic Oddities with written notice and satisfactory proof of the nonconformity within ten (10) business days after receipt of same by the Buyer; and (ii) Plastic Oddities is afforded a reasonable and sufficient opportunity to verify any claim before the products are used by Buyer or removed from Buyer’s facility.
LIMITATION PERIOD: Any action by Buyer against Plastic Oddities must be commenced within six (6) months from the date when such claim or cause of action arises. Any warranty claim in excess of $5,000 shall be submitted to binding arbitration at a venue and with an arbitrator of Plastic Oddities’ choosing. In the event that suit is necessary to recover amounts owed to Plastic Oddities, Buyer shall be responsible for all reasonable attorney’s fees, court costs, interest costs, and collection costs. The failure by Buyer to timely initiate a lawsuit or arbitration in accordance with this section shall constitute an absolute bar to such claim or cause of action.