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Universal Plastic and Metal Manufacturing Ltd (the "Seller" / "Universal Plastics")
Gerneral Product Information - Nature, Limitations and Technical Notes
1. Size and Average thickness tolerance
Due to certain unavoidable factors such as fluctuation in power voltage, temperature changes, the range of print rollers available as well as individual performances of each machinery, Universal Plastic will require the following tolerance:-
Average thickness +/- 3% or +/- 3 micron, whichever is maximum
Size : +/- 3% or +/- 3 mm whichever is maximum
2. Color of film
While Pantone has been successful in providing a colouring system that is widely accepted universally, their colours can vary slightly. Even the developers of Pantone cannot guarantee that their colours will be 100% similar from the many products they sell.
At Universal, colours have to be mixed manually and are based on ¡°eye judgements¡± by our senior staff. Hence colours may vary slightly.
The colours available for this purpose will also depend on the availability of masterbatch provided by our suppliers.
Co-extrusion film: Colours chosen on both sides of the film may affect the final colours on either side. If this occurs, we will not be able to match them to the exact pantone colours.
If your customer needs an EXACT colour match, please request a pre-production sample. Sample charges may apply.
3. Printing
Universal Plastics is able to provide a wide range of printing methods to our customers such as rotogravure printing, flexographic printing, hotfoil stamping, silk screen printing and off-set printing.
We recommend that customers specify their preferred printing method. If no printing method is mentioned by our customer, Universal Plastics will apply flexographic printing. Customers, however, are welcome to ask for our professional judgement.
For any printing methods used, Universal Plastics will require +/-2 mm printing tolerance for whole pattern allocation on bags, and +/- 0.5 mm printing tolerance between colors.
You may notice an occasional printed line on the edge where the film folds due to the film tube moving during the process. This can be more frequent for ¡°100% bleed-off-the-edge¡± printing.
For non-line printing, there will be occasional ¡°gels¡± on the film. These may appear as white dots on the surface of the film. This is due to uneven thickness of film caused by the unavoidable factors mentioned in the first paragraph of 1. Size and Average thickness tolerance above.
If the gap between the colours is too narrow (eg. caused by fine printing), a dark shadow/lining/border may appear between the colours. Similarly, if the artwork contains many colours, a slight unavoidable misalignment of the print plates will also cause a dark shadow/lining/border to appear between the colours, the overlay is usually thinner than 1 mm.
The colour of the film chosen may also have an impact on the final print colours. For example, a black film will make a white printing colour look grey.
Artwork can either be sent to us by post/courier or electronically via email. We require all artwork to be in pdf, eps or ai (vectorized) format. We can also design artwork for you at a reasonable fee.
Besides artwork in specific format, we also require an illustrating picture in either jpeg or tiff format. This is used as a reference to reconfirm printing pattern in artwork.
Colours may change or fade due to ageing, exposure to sunlight and frequent handling.
Universal Plastics is unable to guarantee any exact match to customer¡¯s samples because following variables may affect the final outcome of the job: (1) printing process used, (2) Ink film thickness, (3) press colour control, (4) variation in paper/plastic film colour, quality and texture, (5) Ink colour accuracy, (6) Viewing conditions, (7) Ink/water balance.
Please allow +/- 3% tolerance for the length of the product because there may not be a print roller available for the length specified on your purchase order.
4. Printing roll charge and storage
There will be additional print plate charges for products that have artwork.
Print plates are re-usable, however the quality will deteriorate over time. Their suggested useful lives are as follows:-
Rotogravure Printing 3 years (Shorter if used continuously).
Flexographic Printing 18 months (Shorter if used continuously).
In order to maintain a high standard of printing quality, Universal Plastics will dispose any plates that are not used in the last 18 months. No print plate costs will be refunded.
5. Material
Universal Plastics uses the following resin materials:- LDPE, HDPE, MDPE, Cast film LDPE (CPE), EPI ?, Corn Starch etc. These materials have a natural and unavoidable smell. Such smell can be made worse when combined with printing, when they are subjected to heat during the sealing process or if they are trapped inside cartons under extreme heat for an extended period of time (eg. during transportation)
Some materials such as EPI and corn starch has a shorter useful life of around 12 months.
There are other factors that may speed up the ageing of the film such as exposure to sunlight or air, long term storage of products, improper storage etc.
Certain accessories to our plastic products may have shorter useful lives. For example, rubber bands will lose its elasticity and break over time, metal eyelets will rust, perfumed products will lose their smell etc.
It is important to note that plastic products are extremely sensitive to atmospheric and temperature changes. Buyers are advised to store these merchandise in a clean and dry place in order to avoid extreme temperature and humidity levels. Temperature of approximately 23 degrees Celsius and relative humidity of 35%-50% are most desirable.
In addition, the Buyer is advised to determine the suitability of the material for its intended use. The Buyer assumes all risk and liability in connection therein; it is therefore expressly understood that Universal Plastics does not warrant fitness of material for end use.
6. Packaging
Universal Plastics uses double-walled (2-PLY) export-quality corrugated cartons. Unless otherwise specified, the carton will be brown in color with shipping mark printed on both sides in black ink. Each carton will have a maximum gross weight of 20 kg.
Please note that the colour of the cartons and the printing on the cartons will fade over time. Exposure to sunlight, frequent handling/mishandling of the cartons will speed up this process.
Our products come in many different shapes and contain many different accessories. In order to cater for these irregular shapes and accessories, it is virtually impossible to have the spaces inside the cartons completely filled. These ¡°air¡± spaces may make the cartons susceptible to being crushed especially when they are stacked on top of one another for weeks during storage and transportation. Occasionally, this may result in damage to the products also.
Universal Plastics will store costumer-provided packaging for a period of 3 months. After that, Universal Plastics will dispose any unused packaging without further notification to customers.
7. Product Quality Inspection
Universal Plastics conducts our own quality testing. We use AQL level II Major 2.5, Minor 4.0 and our professional judgement/expertise in determining product quality.
Major defects are those defects that render the material completely unsuitable for use by the Buyer and Minor defects are those defects which are beyond specification but which do not render the material unusable.
If customer requires conformity with a specific quality standard such as FDA, REACH, EU directive compliance, please clearly state on your purchase order. Testing certificates will be available but at customer¡¯s expense.
Customers are also encouraged to describe what the products will be used for so that Universal Plastics can determine a suitable quality level.
Third party inspection is also available upon request. This should be pre-arranged. Universal Plastics will advise if there are any costs incurred with the arrangement.
8. Delivery
Due to high wastage, pre-production samples are usually not made unless requested by customers. Kindly note that there will be a sample charge involved. Should there be any changes to the original specification after the sample has been made, additional charges will be incurred (eg. print plates, moulds, second sample etc). Please allow 10-14 days for a pre-production sample to be made.
Our usual lead time for mass production is 3~5 weeks. However, please note that the leadtime may be extended due to many unforeseen circumstances such as power failure, labour shortages, large order quantity, sudden influx of orders around the same time, inability to purchase certain accessories, delay in receiving materials from suppliers etc. We recommend placing orders as early as possible to avoid potential delays in production.
The Estimated Time of Departure (ETD) serves as a guide only and does not constitute any guarantee of the delivery date.
Unless otherwise stated, delivery shall be made to Buyer in Universal Plastics¡¯ warehouse, even when freight is prepaid to the point of destination. Title to the goods shall pass from Universal Plastics to Buyer upon delivery to carrier. Buyer shall be liable for any loss or damages to such material after delivery to carrier.
In the event that the Buyer fails to fulfill the terms of payment or should there be any doubt to the Buyer¡¯s ability to repay, Universal Plastics will withhold further deliveries until the payment issue is resolved.
9. Delivery Quantity
An overrun or underrun of 10% or 500 pcs (whichever is maximum) will constitute fulfillment of the sales contract. This is because plastic is extruded on a roll of film and it is difficult to produce the exact quantity.
10. Order Quotation and Process
Price quotation made by Universal Plastics is valid for 2 weeks. Please check with the appropriate sales staff for the updated price should you wish to place an order after this date. Universal Plastics is able to negotiate a long term contract with regards to prices but this has to be agreed by both parties.
Universal Plastics will manufacture products according to the purchase order received. Should there be a difference between the sample provided to us by customer and the purchase order, we will follow the purchase order and will treat the sample given as ¡°guidance¡± only.
At the request of customers, we can give a rough estimation of the carton¡¯s gross weight and its dimensions. Please note however that these are estimations only and the actual weight/dimensions can only be finalized when the products have been produced andpacked. Universal Plastics will not accept liability should the final information differ from the ones estimated.
11. Terms & Conditions of Sale
Priority of Seller¡¯s Terms
These terms and conditions are included as part of the quote/s or order/s and are hereafter referred to collectively as the ¡°Acknowledgement¡±. The terms and conditions of this Acknowledgement supersede the terms of Buyer¡¯s quote request or purchase order. Any additional or different terms on Buyer¡¯s quote form or purchase order form are deemed material alterations to any contract between Seller and Buyer, and Seller hereby gives notice of its objection to them. Seller¡¯s acceptance of the purchase order is expressly conditioned on Buyer¡¯s agreement to all terms herein and Buyer shall be deemed to have accepted them if no timely objection in writing is received by seller.
Price
All prices are FOB the Seller¡¯s plant of manufacture ¨C unless otherwise stated.
The minimum order of goods is US$150 (excluding transportation, freight, storage and taxes) unless otherwise agreed.
Payment
Unless otherwise agreed upon in writing with the Seller acknowledging acceptance of such agreement, the Buyer shall pay one hundred percent (100%) of the invoice amount within thirty (30) days of the invoice date. If the credit of the Buyer is impaired at any time, in the sole discretion of the Seller, the Seller may require payment in advance before further shipment.
Shipment; Delays.
All prices are FOB Seller¡¯s platform and do not include any shipping charges. Risk of loss and title to all Goods furnished by Seller shall pass directly to Buyer at the FOB point of shipment.
Shipment dates are estimated and under no circumstances does Seller guarantee date of shipment. Seller is not liable to the Buyer for any production or delivery delay or for any damages suffered by Buyer due to such delay, if such delay is, directly or indirectly, caused by war, acts of God, fires, floods, accidents, labor disputes, civil disturbances, action of government, shortages or failure of supply of labor, fuel, materials or equipment, transportation delays, or other causes beyond Seller¡¯s control. In the event an of the above contingencies occurs, Seller may cancel this Acknowledgement or any part thereof without any resulting liability.
Compliance
Buyer agrees that Seller may ship ten percent (10%) more or less than the quantity of Goods ordered and that such shipment shall constitute acceptable delivery. Buyer shall accept and pay for the actual quantity of Goods delivered on a pro-rate price basis.
Warranty, exclusion of warranties
There are no express warranties hereunder, except that the goods will, at the time of shipment, will be free from defects in material and workmanship. All implied warranties (including, but not by way of limitation, implied warranties of merchantability and fitness for a particular purpose) are hereby excluded and there are no warranties which extend beyond the description on the face hereof.
Buyer¡¯s Remedy
The parties agree that the Buyer¡¯s exclusive remedy shall be repair, replacement or credit, at the sole option of the seller. In no event shall the Seller be liable or responsible for any costs, damages, lost profits, liquidated damages or penalties or for other direct, indirect, special, incidental or consequential damages, nor for any amount in excess of the purchase price of any defective goods.
Cancellation
Buyer cannot cancel an order accepted by Seller, except on terms acceptable and satisfactory to Seller. Direction from Buyer to cancel maybe treated as repudiation, making Buyer immediately liable for loss, expense and other damages sustained.
Taxes, Duties and Licenses
Buyer agrees to pay any and all applicable federal, state and local taxes (domestic and international) to which the Goods may be subject, including, without limitation, excise taxes, sales taxes, value-added taxes and use taxes, duties and license fees.
Claims
All Sales are FINAL. In no case are Goods to be returned without first obtaining Seller¡¯s written permission. All transportation costs incident to the shipment of any material to or from Seller under this paragraph shall be charged to the Buyer, unless the subject goods are determined and agreed by the Seller to have been defective.
Failure to make written claims for defects, damage or shortage within sixty (60) days after delivery shall constitute Buyer¡¯s irrevocable acceptance of the Goods and admission that the Goods fully comply with the terms, conditions and specifications of the acknowledgement.
Limitations on Actions
Any action brought against Seller must be commenced within one (1) year of the date of accrual of the cause of action, or it shall be barred.
Seller¡¯s Remedy
In the event of any breach or default by the Buyer, Seller may pursue any of the following remedies, none of which are exclusive: (a) terminate or cancel the Acknowledgement (b) retain any down payment made by the Buyer and apply it first in reduction of damages to the extent of and as an offset to such damages, and second, to the reduction of any other indebtedness of the Buyer to the Seller, (c) defer further deliveries until such default is cured and (d) pursue any other remedies available at law or in equity. If Seller incurs expenses, including, without limitation, court costs, expenses and attorneys¡¯ fees, in attempting to collect any amount owed or to enforce any term or condition of the Acknowledgement, then Buyer agrees to pay to Seller, in addition to any other sums owed or relief sought, all such expenses to the fullest extent permitted by law.
Indemnity
Buyer shall indemnify, save and hold harmless Seller from any and all loss, cost, expenses and damages including reasonable attorneys¡¯ fees, on account of any and all manner of claims, demands, actions and proceedings, concerning any Goods sold, that may be instituted against Seller: (a) alleging infringement for Goods made to Buyer¡¯s specification; (b) arising out of the change to, or alteration of the Goods by Seller or any third party; (c) involving the use by Seller or any third party of the Goods in a manner or application not normally intended by Seller; or (d) involving any negligence whatsoever on the part of the Buyer or any third party.
Samples of goods provided or displayed by Seller are not meant to be representative of goods sold, and goods sold may differ materially from such samples.
Collection costs
In the event that it is necessary to place any contract based on this proposal in the hands of an attorney for collection, Buyer shall pay Seller¡¯s reasonable costs of collection of money due and unpaid, including reasonable attorney¡¯s fees.
Non Waiver
No Waiver by Seller of any breach of the Acknowledgement shall operate as a waiver of such breach, or of any subsequent breach thereof.
Severability
If any portion of the Acknowledgement shall be held invalid, those parts of the Acknowledgement that are not held invalid shall continue in force and effect.
Choice of Law
The Acknowledgement, any offer by the Buyer and any matter related thereto shall be governed by the laws of Hong Kong, without regard to principles of conflict of laws. Any action, suit, or other legal proceeding which is commenced to resolve any matter arising under or relating to the Acknowledgement or this transation shall be commenced and prosecuted only in a state or federal court located in Hong Kong
Credit
The extension of credit or the acceptance of a check, note, trade acceptance or guarantee of payment shall not affect any of Seller¡¯s rights hereunder and Buyer agrees Seller may change credit terms at any time.
Tools and Equipment
All tools, equipment and parts used by Seller in producing the Goods with the exception of print plates shall remain the property of Seller, unless provided otherwise in writing.
Entire Agreement, Assignment and Modification
The Acknowledgement, which exclusively sets for the rights and obligations of the parties; (a) constitutes the final and entire agreement between the parties, superseding all prior written or oral communications between the parties, and (b) may not be modified or assigned except in a writing signed by both parties.
12. Complaint
Universal Plastics will consider complaint in writing from customer only within 3 month after the goods left our factory.
Universal Plastics provides products at ¡°good quality¡± which passes in-house quality check. In no event shall Universal Plastics¡¯ liability exceed the price of the goods sold by the Seller to the Buyer under this order. Universal Plastics is not able to be responsible for loss in revenue of customer, injury or death by using products or any claim from third party.
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