Terms and Conditions for Purchases

Pricing

Prices and availability of products in this catalog are subject to change without notice. Avery Dennison reserves the right to discontinue any item. Items in this catalog are subject to availability of paper and other raw materials. Setup charges on custom orders are a one time charge if re-order is made within three years, excludes custom labels.

Minimum Order Required

A minimum purchase of $50.00 is required for all orders (except credit card purchases) - Web orders are exempt from this minimum order requirement. Orders below the minimum amount will be charged an order processing fee equal to the difference between the actual dollar amount ordered and the $50.00 minimum.

Terms

Visa, MasterCard or American Express accepted. All items are F.O.B. shipping point. Appropriate state and local taxes, plus shipping rates will be added.

Shipping Policy

In stock items ship same day if order is received by 1 P.M. ET, Monday-Friday (excluding holidays). Custom Monarch machines ship in 4-6 weeks. Depending on the items ordered, separate shipments may be required. If separate shipments are required, we will point this out on your invoice statement. All agreements for product and delivery dates are contingent upon fire, strikes, labor disputes, delay of carriers, and other delays beyond Avery Dennison’s control.

Acceptance/Returns

Failure of Buyer to object in writing concerning any defect or deficiency with the product shipped to Buyer by Avery Dennison within (30) days after receipt will constitute complete acceptance by Buyer of such product. Avery Dennison reserves the right to recondition any rejected material to meet Buyer’s specifications or to replace same within a reasonable time after receipt by Avery Dennison. No product may be returned without prior authorization. No returns of any product can be made after (30) days from date of shipment to Buyer.

Limitation of Liability

Avery Dennison’s total liability to Buyer and Buyer’s exclusive remedy for direct damages, regardless of injury, property damage, or schedule delays, shall, at Avery Dennison’s sole option, be a refund of purchase price paid or replacement of the product. 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 - except Avery Dennison brand fasteners - these are warranted for ninety (90) days. A specific warranty for each machine or equipment is 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 (90) days 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. 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.

Quantity

Supply items will be shipped within plus or minus 10% of order item quantity or to the nearest standard packaged unit.

Governing Law

This Agreement shall be governed and interpreted under the laws of the State of Ohio, without resort to its conflict of law rules.

Patent Indemnity

Avery Dennison agrees to hold Buyer harmless from liability, including costs and expenses, in the event of any claim of direct, but not contributory, patent infringement arising from the design or process of manufacture used by Avery Dennison, provided such designs or processes originated with Avery Dennison, and provided that Avery Dennison is notified in writing within (10) days after any such claim is made and is tendered the defense of any suit instituted against Buyer. Buyer may elect to be represented by separate counsel, at Buyer’s sole expense.

Errors

Typographic, descriptive or photographic errors are subject to correction. This agreement sets forth the sale terms and conditions between Avery Dennison and Buyer. Any additional terms or conditions contained in any documentation submitted by the Buyer are objected to and rejected.