Termini e condizioni del servizio

This website is operated by Label-Aire. Throughout the site, the terms “we”, “us” and “our” refer to Label-Aire. Label-Aire offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

Goods and services covered by this order are being sold only in accordance with the terms and conditions herein, and in Seller’s pricing, or acknowledgement if any. Seller offers to sell the goods or services described herein only upon the terms and conditions contained herein. The offer shall be deemed accepted and shall become a binding contract on the terms and conditions contained herein, (i) when Purchaser issues transactions or (ii) when Seller commences performance. By accepting this offer, Purchaser waives agrees to all terms and conditions contained in this document. 

Prices
All taxes, fees, levies, assessments or other charges imposed by any local, provincial or federal government or other relevant authority upon the production, sale, use, import, export, ownership, provision or shipment of Product or Services shall be for the account of Purchaser.

Ordering
Seller agrees to manufacture, supply, and sell to Purchaser certain products in such quantities and according to such other specifications as may be described in one or more order transactions issued by Seller’s website and/or written orders submitted by Purchaser as follows: Each Purchase Order shall state the product description, quantity, applicable price, and shipping method. 

Delivery and Performance
Shipment will be made in accordance with instructions issued by Purchaser at the time of the order. Shipping, delivery or performance dates are approximate and are not guaranteed. Seller will use reasonable commercial efforts to meet the delivery dates but is not liable for any direct or indirect costs resulting from late delivery.

Advice and Assistance
Upon request, Seller in its discretion may furnish to Purchaser technical advice, or assistance regarding the goods or services via phone call or chat service. Seller assumes no obligation or liability for the advice, services or assistance given or results obtained, which shall be at Purchaser’s sole risk.

Risk of Loss, Claims
Purchaser shall bear all risks of loss of or damage to Product from the time Product is delivered in good order into the custody of a carrier for transportation. Purchaser is urged to examine all deliveries carefully immediately upon delivery and before signing the receipt. If any Product is visibly damaged or if there are any shortages of Product delivered, Purchaser must have written confirmation of the damage or shortages noted on the freight bill or other receipt by the agent of the carrier. Signing a receipt without notation of damage to, or shortages of, Product shall constitute conclusive evidence of receipt of Product in satisfactory condition and in the quantities specified in the freight bill or other receipt. Any claim of damage in transit or for shortages should be made promptly by Purchaser against the carrier. If any Product is lost, disappeared, is damaged or destroyed, in whole or in part, for any reason while in the possession of Purchaser or any carrier, and therefore Seller suffers any loss by virtue thereof, Purchaser shall indemnify and save harmless Seller from such loss. If any such loss is covered by insurance to which Purchaser is a beneficiary and/or by recourse by Purchaser against any other party, then any such claim and any proceeds payable with respect thereto shall automatically vest in Seller. Any defect claim must be reported to Seller in written notice within 15 days of the goods receipt and include photos of claimed defect. In any claims, Seller is only responsible for the values of the product produced by Seller at a maximum of its sold values.

Dispute Resolution
Any dispute regarding the validity or terms of this Agreement shall be submitted to binding arbitration administered by the Judicial Arbitration and Mediation Services (“JAMS”), which shall be the exclusive remedy for such dispute. The arbitration shall be conducted in Orange County, California at a location to be determined by the arbitrator. The matter shall be conducted by a single arbitrator in accordance with the streamlined rules for commercial arbitration then in effect. The arbitrator shall apply the California Evidence Code to the proceeding and the substantive California law (without regard to conflict of laws) applicable to the claim asserted, as though the matter were heard in the courts located in the State of California. The arbitrator may award all or part of the costs of the arbitration, including the fees of the arbitrator and reasonable attorneys’ fees, to the prevailing party. Judgment on the arbitrator’s award may be entered in any court having proper jurisdiction.

Force Majeure
Seller shall not be liable for any delay or other failure of performance due to causes beyond its reasonable control, including without limitation acts of God, acts of Purchaser, acts of military or civil authorities, fire or other casualty, strikes, lockouts, weather, epidemic, war, riot, delays in transportation or car shortages, inability to obtain necessary labor, materials, components, equipment, services, energy or utilities through Seller’s usual and regular sources at usual and regular prices or failure or inability of the manufacturer of the goods to perform. In any such event, Seller may, with notice to Purchaser, at any time and from time to time without further liability to Purchaser (a) postpone its performance, (b) make partial performance or cancel all or any portion of this contract or (c) allocate available quantities among its customers in any manner which Seller deems reasonable. Cancellation of any part of this contract shall not affect Seller’s right to payment for performance of any other part hereof. 

Warranties; Limitation of Warranties
Seller agrees to furnish all raw materials, tooling, equipment, facilities and labor necessary to manufacture the Products in accordance with the specifications agreed upon between Seller and Purchaser and to manufacture the Products in compliance with laws and regulations applicable to Seller’s business. Seller hereby warrants that the Products it manufactures and supplies to Purchaser pursuant to this Agreement shall be new and of good quality, shall be free from any defects in materials and workmanship, and shall conform to the quality standards and Product specifications provided or agreed upon by purchaser. To the extent any products shall not conform to such standards, Seller’s sole responsibility shall be to replace such non-conforming products. Except as expressly set forth in this agreement, Seller makes no warranties, express or implied, and expressly disclaims any and all other warranties, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose.

Purchaser Representations; Indemnification
Purchaser shall defend, indemnify and hold harmless Seller from any cost, loss or damage sustained by Seller and from and against all claims asserted against Seller by Purchaser or any other party with respect to the goods or services which are the subject of this contract. Purchaser hereby agrees to indemnify, defend and hold Seller (including each of its affiliates, subsidiaries, successors and assigns and each of its and their respective equity holders, officers, directors, employees and agents) harmless from and against any and all claims, (a) causes of action, losses, liabilities, damages, suits, proceedings, penalties, fines, regulatory or governmental actions or sanctions, costs or expenses, including attorneys’ fees that may arise from or relate in whole or in part to any allegation that any Product manufactured by Seller infringes upon or otherwise misappropriates the intellectual property rights of any third party. Purchaser further represents and warrants to Seller that any and all product labeling to be contained in or on any Products shall comply in all respects with all applicable food or other product labeling laws and regulations, and Seller shall be entitled to rely upon such representations without independent verification. This indemnity includes but is not limited to costs, loss, damages and claims arising in whole or in part out of failure of Purchaser, its agents, employees or customers to (a) follow specifications, instructions, warnings or recommendations furnished by Seller, (b) to comply with all applicable laws and regulations, including, but not limited to any applicable Federal, state and local laws and regulations governing hazardous materials or safety, all as they may be amended or supplemented from time to time, (c) misuse of the goods by Purchaser, its agents, employees or customers including use of goods with any substance that causes injury to person or property, (d) misrepresentation by Purchaser, its agents, employees or customers, or (e) the sole or contributing negligence of Purchaser, its agents, employees or customers. Purchaser hereby agrees to indemnify, defend and hold Seller (including each of its affiliates, subsidiaries, successors and assigns and each of its and their respective equity holders, officers, directors, employees and agents) harmless from and against any and all claims that may arise from or relate in whole or in part to any allegation that any Product manufactured by Seller contains any untrue or unsubstantiated statement or violates any applicable food or other product labeling law or regulation. This Indemnity shall continue in full force and effect notwithstanding the termination of any order or contract.

Miscellaneous
This contract constitutes the entire agreement between Purchaser and Seller relating to the goods or services which are the subject hereof. No modifications shall be binding upon Seller unless in writing signed by Seller’s duly authorized representative. If any term or provision of this contract shall to any extent be invalid or unenforceable, such provision will be enforced to the maximum extent permitted by applicable law and the remainder of the contract shall not be affected thereby, and each term and provision of this contract shall continue to be valid and enforced to the fullest extent permitted by law. No waiver by either party of default shall be deemed a waiver of any subsequent default. 

Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.