Terms & Conditions
- This proposal does not constitute a contract and is subject to change without prior notice. Any orders given in response to this contract shall not constitute a contract until the same has been received at the office of PPi Technologies GROUP and accepted by one of its divisions. PROFILE® Packaging, Inc.; PakSource Global, LLC; SmartResource, LLC; and PouchPac™ Innovations, LLC, FlexSmart USA, LLC and Redi-2-DrinQ™Group are divisions of PPi Technologies Group.
- In addition to the price specified herein, Buyer shall pay the amount of any present or future tax applicable to the manufacture, sale, delivery, use or other handling of equipment sold hereunder.
- PPi Technologies GROUP warrants to Buyer that the equipment to be delivered hereunder will be free from defects in material and workmanship and will be of the kind and quality designated or described in the contract. The foregoing warranty is exclusive and in lieu of all other warranties whether written, oral or implied (INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE). If it appears within twelve (12) months from the date of shipment by PPi Technologies GROUP, that the equipment delivered hereunder does not meet the warranties specified above and Buyer notifies PPi Technologies GROUP, promptly, in writing, PPi Technologies GROUP, shall thereupon correct any defect, including non-conformance with the specifications, at its option, either by repairing any defective part or parts or by making available at PPi Technologies GROUP plant, a repaired or replacement part. Any liability of PPi Technologies GROUP, under the warranties specified above is conditioned upon the applicable machine being well maintained, oiled, cleaned and operated a normal eight hours per day and at speeds not in excess of the quoted speeds, and that the packaging materials are in accordance with the drawings and specifications approved by PPi Technologies GROUP The liability of PPi Technologies GROUP to Buyer arising out of the supplying of any said equipment or its use, whether in warranty, contract, negligence operation of law or otherwise, shall not in any case exceed the cost of correcting defects in the item as herein provided and upon the expiration of said twelve (12) months all such liability shall terminate. Furthermore, PPi Technologies GROUP shall not be liable for any incidental or consequential damages alleged to be caused by malfunctions or problems in the machine’s operation. The foregoing shall constitute the sole remedy of Buyer and the sole liability of PPi Technologies GROUP. PPi Technologies GROUP is not responsible for insolvency of the pouch machinery suppliers and any harm that arises from this bankruptcy.
- Title of each item to be delivered hereunder is hereby reserved in PPi Technologies GROUP until full payment for such items has been made. If in PPi Technologies GROUP opinion, Buyer’s credit at any time is unsatisfactory, then at PPi Technologies GROUP option the terms of payment provided herein may be altered, the contract terminated and/or delivery of the goods may be suspended pending receipt of cash or satisfactory security. All invoices which are not paid when due will be subject to interest at 2% above the prevailing prime bank rate from the date the invoice is due to the date paid on the amount outstanding on a monthly basis. All foreign exchange fluctuations from the date of the proposal to the final invoices are the responsibility of the buyer. Invoices will reflect ruling rate of exchange on the dates of the respective dollar invoices.
- Shipping dates are approximate and are based upon prompt receipt of all necessary information. PPi Technologies GROUP shall not be liable for delays in delivery or failure to manufacture or deliver due to causes beyond its reasonable control such as acts of God, acts of Buyer, acts of government or military authorities, priorities, fires, strikes, floods, epidemics, war, riot, or delays in transportation or bankruptcy of suppliers.
- PPi Technologies GROUP does not assume any responsibility for compliance with state or local laws and regulations or sanitation codes, except as set forth herein. Every endeavor is made to ensure that the machine supplied is guarded in accordance with OSHA standards. However, interpretation of these standards is at the discretion of the local inspector in Buyer’s area and consequently it may be necessary to amend or add to the guarding in accordance with these requirements. Should additional guarding work be necessary buyer will be subject to this extra cost.
- Buyer shall supply PPi Technologies GROUP at its plant with such adequate testing material for trial runs as PPi Technologies GROUP may reasonably require. PPi Technologies GROUP shall not be responsible to Buyer for any such material under any circumstances. If Buyer’s testing supplies are not received by PPi Technologies GROUP on/or before the date specified, delivery of the machine may be proportionally delayed or the machine may be shipped without having been thoroughly tested, thus increasing cost of installation and start-up at the Buyer’s expense.
- Any electrical system incorporated in or to be used on the items to be delivered hereunder follows closely NEMA Class 12 electrical standards. Any alterations or additions to conform to electrical regulations in Buyer’s community or for hazardous locations will be made at Buyer’s request and at an additional charge to Buyer.
- Delivery to carrier at point of shipment shall constitute delivery to Buyer and Buyer shall assume all risk for subsequent loss or damage.
- The arrangement of an adequate product supply system is the responsibility of Buyer unless specifically included in this order.
- No cancellation for any reason can be affected without PPi Technologies GROUP written consent and then only upon terms that will indemnify PPi Technologies GROUP against loss. No request for cancellation received within the sixty (60) day period preceding the estimated delivery date furnished in or pursuant to the attached can be considered by PPi Technologies GROUP
- PPi Technologies GROUP does not assume in this or in any other contract any obligation or liability in connection with patent infringement suits brought against Buyer or User of the items to be delivered hereunder, other than to assume the expenses involved in the defense of suits brought in the United States on the charge that any such equipment manufactured by PPi Technologies GROUP and used in the manner for which it was sold by PPi Technologies GROUP constitute in and of themselves an infringement of a United States patent, plus damages, profits and costs awarded against Buyer in such a suit in an amount not to exceed in aggregate the purchase price of the items or parts thereof involved in any such suit, provided that PPi Technologies GROUP is notified within one (1) week in writing when such suit is brought or threatened and is given full authority, information and assistance for the defense of the suit. PPi Technologies GROUP does not assume any liability for patent infringement on any machine or apparatus manufactured by us in accordance with Buyer’s design.
Protected by Applicable Copyright Laws.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of PPi Technologies GROUP or its subsidiaries and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of and protected by U.S. and international copyright laws. All software used on this site is the property of PPi Technologies GROUP or its software suppliers and protected by U.S. and international copyright laws. The content and software on this site may be used as a purchasing, selling, and message board resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited.
Digital Millennium Copyright Act Notice.
PPi Technologies GROUP in accordance with the Digital Millennium Copyright Act has adopted the following policy toward copyright infringements:
“PPi Technologies GROUP will block access to and/or remove any material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our users. And furthermore will permanently remove and discontinue service to any repeat offender."
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us and our affiliates that your copyrighted material has been infringed.
A formal notice of Copyright Infringement containing the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
The Notice must be sent to the following Designated Copyright Infringement Agent for PPi Technologies GROUP
PPi Technologies GROUP
1610 Northgate Boulevard
Sarasota, FL 34234
Once this information is received:
The infringing material or site may be blocked.
The infringing user will then be immediately notified of the situation.
First time offenders will have the infringing material removed.
Repeat offenders will be removed from the system.
The user may supply a counter-notice that must include the following:
A statement that the user has a good faith belief that the removal was a result of a misidentification on our part,
A complete listing of the user's contact information, and
A consent to jurisdiction to courts in the County of Sarasota in the State of Florida or in the federal court having jurisdiction.
If a counter-notice is received by the PPi Technologies GROUP Copyright Agent:
A copy of the counter-notice will be sent to the original complaining party,
The user's material and access will be restored in 10 to 14 days unless the PPi Technologies GROUP Copyright Agent is informed that a lawsuit has been filed over the infringing material.
This Agreement was last revised on December 1, 2009.
This web site located at www.ppitechnologies.com and is an independent web site This privacy statement discloses the privacy practices for PPi Technologies GROUP’s web site at www.ppitechnologies.com
PPi Technologies GROUP’s PRIVACY PHILOSOPHY
PPi Technologies GROUP’s is committed to protecting on-line privacy and to ensuring that our customers are in control of the information that BW maintains about them. If you transact business with us through our web site at www.ppitechnologies.com, this Privacy Statement becomes part of our contract with you. Because we gather certain types of information about customers at our web site, we want you to understand the terms and conditions surrounding the collection and use of that information. This Privacy Statement discloses what information we gather, how we use it, and how to correct or change it. Even if you are visiting our web site without having become a registered user of our web site, we will protect the information about your visit as described below.
INFORMATION COLLECTION AND USE
PPi Technologies GROUP collects information from users of our web site in several ways. We will not sell, share, or rent this information to others in ways different from what is disclosed in this Privacy Statement, as amended from time to time. If our privacy policies change, we will notify you by posting notification on our web site.
In our online customer registration form, we request that you to provide us with certain contact information (such as your full name, full street address, email address, and telephone number), unique identifiers (such as your user name, and password), and information about your business or your employer. We use the contact information from the registration form to ship products and services that you have ordered. We also use the contact information to send you information and promotional materials about PPi Technologies GROUP and our trade partners. Your contact information is also used to contact you when necessary, for example, to respond to your inquiry or advise you of the status of your order. Unique identifiers are collected to verify your identity.
In addition, we require a password to access our web site and we may require an identifier such as your city of birth, birth date, a password question with its corresponding answer, or other identifier, so that we may identify you if you ever lose your password.
In the registration process, we will also ask you for demographic information (such as the size of your business and your business category), as well as other information. We use this information to provide you a more personalized experience on our web site and to help us identify products and services that might be of interest to you and to other visitors to our web site.
Our web site, including the web pages of our trade partners, may use an order form for customers to request products and services. We collect information about the products and services you order and use it to help market our products and services and those of our trade partners to you in the future. In our order form, we require you to provide us with certain contact information, unique identifiers, and other information, which we use as described above under Registration above. In order to complete a transaction, you will be required to provide us or our trade partner with certain payment information, which may include a purchase order number or credit card information. The payment information is collected to confirm your creditworthiness and to bill you for products and services.
Surveys and Contests
From time-to-time our site may request additional information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and you therefore have a choice whether or not to disclose whatever additional information may be requested. Information requested via surveys and contests may include additional demographic information.
We log your IP address, browser type and version, and URLs of the web pages you visit on our site. We use this information to help diagnose problems with our server, to administer our web site, to track your movement on the web site, and to gather demographic information.
We may provide your contact, demographic, and user information to our trade partners, advertisers and other interested parties so that they may contact you directly to furnish you information about their products and services. We also may forward your payment information, such as purchase order or credit card information to our trade partners in conjunction with transactions you conduct through PPi Technologies GROUP.
We may provide aggregated data about products and services purchased, user interests, demographics and other information collected from our web site to our trade partners, advertisers and other interested parties so that they can learn what products and services are most popular to our customers. Aggregated data may be in anonymous group statistical form and may not associate with any person or company. We also may provide specific data about you and the products and services you purchased, your interests, demographics and other information collected from our web site to our trade partners, advertisers and other interested parties.
We or our trade partners may use a credit card processing company to bill users for products and services.
We may partner with other parties to provide specific services. When the user signs up for these services, we will share names or other contact information that is necessary for the third parties to provide these services. If you use services provided by third parties or interact with third parties, the use of the information you provide to such third parties will be governed by the privacy policies of those third parties not by this privacy statement.
Third Party Data Supplementation
Occasionally, third parties are utilized for the purpose of data verification and supplementation. We employ these processes to provide customers with offers and content that best meets their specific interests. When third parties are employed for such purposes, confidentiality of members' personal information is maintained in strict conformity with this privacy statement.
It is important to note that PPi Technologies GROUP’s web site contains links to other web sites and that those other web sites may not follow the same privacy policies as PPi Technologies Group. For instance, if you click an ad on our web site, this may take you away from our site to an entirely different web site. This includes links from advertisers, content providers and trade partners who may use our logo and/or style as part of a co-branding agreement. These other web sites may collect data from you that PPi Technologies GROUP would not and may use that data in ways that PPi Technologies GROUP would not.
Kids and Privacy
We do not collect information from or about children and our products are not for sale to any person under 21 years of age.
Changes to Policy
If we decide to change our privacy policies and practices, we will post those changes to our privacy statement on our web site in advance of the changes taking effect, so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users. Users will have a choice as to whether or not we use their information in this different manner. We will continue to be able to use information in accordance with the privacy statement under which the information was collected.
This web site takes precautions to protect our users’ information. Our safeguards include technical means and policies and procedures that our staff is trained to follow. As a registered user you will receive a password and user-name, which you should keep confidential, because it is the key to access to the information held by PPi Technologies GROUP about you. If you leave your computer’s Internet browser running and someone else uses your computer, they may be able to access your account, so if your computer is not physically secure remember to shut down your browser before you leave it.
We try to reduce the likelihood of accidental disclosures and unintended access and modification of account information, but it is impossible to eliminate this possibility completely. When users submit sensitive information via the web site, your information is protected both online and offline.
When our registration/order form asks users to enter sensitive information (such as credit card number), that information is encrypted and is protected with the Secure Socket Layer (SSL) technology. While on a secure page, such as an order form, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when you are just ‘surfing’.
While we use SSL encryption to protect sensitive information online, we also take steps to protect user-information off-line. All of our users’ information, not just the sensitive information mentioned above, is restricted in our offices. ALL employees are kept up-to-date on our security and privacy practices. Any time new policies are added; our employees are notified and/or reminded about the importance we place on privacy, and what they can do to ensure our customers’ information is protected.
Protecting Your Own Privacy
Please keep in mind that whenever you voluntarily disclose personal information online - for example on message boards, through email, or in chat areas – that information can be collected and used by others. Ultimately, you are solely responsible for maintaining the secrecy of your passwords and/or any account information. Please be careful and responsible whenever you're online.
This Agreement was last revised on December 15, 2009.