Pro-Med PURE Terms & Conditions
Disclaimer on Sales Orders:
Your order will be scheduled into production, once confirmation of the Sales Order and required deposit (if any) are received. Deposits are non-refundable.
Private Label
Upon approval of the Sales Order 50% of the sum of the purchase price (based on the entire quantity specified in the order) is due as a non-refundable deposit. The balance is due (along with shipping charges) when the order is shipped. Graphics services on all new artwork is $75.00 per label, including up to 3 revisions. Thereafter artwork changes will be billed at the rate of $75.00 per hour, with a “best effort policy” on label design. Label design must be addressed within (5) days of client receiving. After this time period the label will be deemed approved to move forward with completing the order. All product claims must be submitted within 30 days of receipt of product. Private label products are not returnable.
Pro-Med PURE is not responsible for trademark or copyright infringement on product names and artwork selected and/or provided by the customer. You represent and warrant that any trademark or artwork is your property and that you otherwise have the right to use and reproduce said trademarks and/or artwork.
Pro-Med PURE reserves the right to liquidate orders that are unpaid. In the event that Pro-Med PURE has to commence an action to collect this amounts due on the order, exclusive jurisdiction and venue for any such action shall be in the California state courts located in Los Angeles County, California, and will be governed by California law; you hereby submit and agree to the personal jurisdiction of California; and Pro-Med PURE will be entitled to its reasonable attorney’s fees and costs in any such collection action, including in any appeal. In any action, you and Pro-Med PURE waive irrevocably the right to a trial by jury.
You warrant and represent that you maintain product liability insurance and, as may be permitted by relevant state law, you will be solely and/or primarily liable to any third-party for any claim for damages or of product liability arising from the use of the product covered by this order.
Pro-Med PURES’ sole and exclusive liability to you under this order or arising from any use of the product covered by this order (including by any third party) is limited to the price of the product as set forth in the invoice. Pro-Med PURE will not be liable for any punitive damages, lost profits or other consequential damages, or any other damages, and will not be liable to you for any damages or awards that you may be liable for to any third party, including in connection with the use of the product covered by this agreement and any product liability.
Purchase Price, Taxes, Shipping Costs
The purchase price and fees and other charges for the Product shall be as specified in the Order. The Buyer shall be responsible for and shall pay, or reimburse Pro-Med PURE for, as the case may be, all applicable sales, use, value-added, excise and all other taxes, duties and other charges, and all shipping and insurance costs in respect of the Product