1. The agreed prices are fixed prices and exclude subsequent claims of any kind. Unless explicitly agreed otherwise, all costs of packaging, transport and customs, including all customs formalities shall be included in these prices.
2. In so far as the production cost of the supplier changes by more than 10% without this fact being foreseeable for the parties, each party shall have the right to demand the renegotiation of prices. Weener shall not be obligated, however, to accept modified and especially higher prices, unless the prerequisites of a frustration of contract pursuant to clause 6:258 of the Dutch Civil Code are fulfilled.
3. Shipment notes, consignment notes, invoices and all correspondence shall contain the order number of Weener. The supplier shall quote the name of the ordering person and, if known, the requisitioning party on consignment notes and invoices.
4. Unless agreed otherwise, shipment shall be made at the expense and risk of the supplier to the freely agreed place of delivery (Delivered Duty Paid).
Purchaser acknowledges that prices, whether they appear in the Website, on a price list, or in any other form or medium, are effective only for orders shipped on the date that they appear; Raptor Packaging may change prices at any time without notice. Prices in quotations are effective for the specific time period stated in the quotation or, if no time period is stated, 30 days. If Purchaser is an existing customer currently purchasing Goods at a certain price, Raptor Packaging may change its prices at any time upon 30 days’ written notice or upon 10 days’ written notice in case of a sudden severe increase in materials prices or other costs. Any temporary surcharge imposed by Raptor’s suppliers will be passed on to Purchaser during whatever period of time such surcharge might be in effect. Price increases for components purchased by Raptor Packaging on Purchaser’s behalf for inclusion in finished Goods shall be passed on to Purchaser without advance notice and due immediately without regard to Purchaser’s payment terms or standard payment terms in section 3 below. Unless otherwise agreed, prices do not include:(i) printing plates; (ii) art charges; (iii) colors; (iv) labeling; (v) silk screening; (vi) co-packing; (viii) metalizing; (ix) skids; (x) freight; (xi) warehousing; (xii) brokerage fees; (xiii) upcharges for less than minimum orders or additional services and similar items; (xiv) any applicable excise, value-added, sales, use or similar taxes; or (xv) insurance. All of the foregoing will be billed as separate items and are not subject to discounts. Raptor Packaging reserves the right to: (i) increase quantity ordered to nearest standard shipping unit; (ii) ship Purchaser or end user specific manufactured Goods within a range of plus or minus ten percent (10%); or (iii) both. Unless otherwise specifically agreed by the parties, all shipments are F.O.B. Raptor’s production facility for shipments from any of Raptor’s U.S. locations and FCA (Incoterms 2000) Supplier’s factory or shipping point as determined by Supplier for shipments from any of Supplier’s locations outside of the U.S. Raptor Packaging will select the carrier unless otherwise agreed in writing. Freight costs prepaid by Raptor Packaging shall be subject to an additional administration and handling charge; Purchaser’s resulting charges may or may not exceed the charges that Purchaser might incur if Goods are shipped collect. Goods in transit are at Purchaser’s risk. Purchaser shall be fully responsible to pay or to reimburse Raptor Packaging for carrier detention charges incurred as a result of delays caused or allowed by Purchaser. If prices include a freight component, prices shall be subject to adjustments effective immediately without notice in the event of a subsequent change in freight rates or the imposition of a fuel or other surcharge. In the case of international sales, unless otherwise agreed, Purchaser shall be fully responsible: (i) to provide Raptor Packaging prior to shipment and in writing, the ultimate destination and identity of the end-user; (ii) to pay all duties, taxes and other charges imposed by any government on Goods or on the purchase, exportation or importation of Goods; and (iii) for compliance with applicable legal requirements for exportation and importation of Goods.
Purchaser will be responsible to pay the full P.O. price if Goods are manufactured in response to a P.O. cancelled by Purchaser (without Raptor's fault) prior to shipment. Purchaser shall make prompt inspection of Goods. Rejection of alleged nonconforming Goods must be made in writing 30 days after delivery for non conformities reasonably discoverable on inspection, and three (3) months after delivery for latent non conformities; after that time Goods will be deemed accepted and not subject to revocation of acceptance. Failure by Purchaser to give such written notice within the applicable time period shall be deemed an absolute and unconditional waiver of Purchaser’s claim for such defects. Purchaser will give Raptor Packaging reasonable opportunity to examine and test Goods that are the basis for any claim. As a condition for replacement, refund or credit, Raptor Packaging may request the return of alleged nonconforming Goods in the same condition as when received, except such part as cannot be returned due to necessary testing. On request, Purchaser shall also return, if possible, tested Goods. No claim against Raptor Packaging shall be made or allowed for Goods returned without Dempsey’s prior written consent. All claims for loss or damage during transit must be made against the carrier and by notation on freight bill or delivery receipt. All returns of other than nonconforming Goods must be: (i) approved in advance by Raptor Packaging (ii) of Goods in new condition and not printed or special; (iii) made within 90 days; (iv) shipped at Purchaser’s expense; and (v) accompanied by or subject to a twenty-five percent (25%) restocking charge. Credits (other than those for overpayments) expire 180 days after issuance.