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STANDARD TERMS AND CONDITIONS OF SALE

TERMS & CONDITIONS

This Proposal supersedes and replaces any previous agreement, proposal, or representation between the Buyer and OZ Packaging LLC for the sale, licensing, installation, and warranty of OZ Packaging hardware, services, and parts ("Products") as described in this Standard Terms and Conditions (the “Proposal”).

To contractually bind OZ Packaging, orders must be accepted in writing by OZ Packaging. These Standard Terms and Conditions shall prevail notwithstanding any variations from these terms in any purchase order or other document submitted by the Buyer, whether or not executed by a representative of OZ Packaging. Any variations must be agreed to by both parties in writing. Only OZ Packaging's current Controller can authorize deviations from these terms in writing.

A waiver by OZ Packaging of a breach of any term shall not prevent the enforcement of that term in the future and shall not be deemed a waiver of any subsequent breach.

Manufacturer Terms & Conditions Precedence

All equipment, machinery, components, and related products sold, installed, serviced, or supported by OZ Packaging Service & Sales, LLC (“OZ Packaging”) are subject first and foremost to the original manufacturer’s terms and conditions, including but not limited to warranty, performance specifications, limitations, exclusions, installation requirements, maintenance obligations, software licenses, and operating guidelines.

In the event of any conflict or inconsistency between the manufacturer’s terms and the terms contained in this Proposal, Agreement, Quote, or OZ Packaging’s Standard Terms and Conditions, the manufacturer’s terms and conditions shall govern and take precedence.

OZ Packaging does not alter, expand, or override any manufacturer warranty, representation, or obligation unless explicitly stated in writing by both OZ Packaging and the manufacturer. OZ Packaging acts as a distributor, integrator, and/or service provider and shall not be held liable for manufacturer decisions regarding warranty approval, denial, parts availability, lead times, or design limitations.

Where manufacturer terms are silent or not applicable, OZ Packaging’s Standard Terms and Conditions shall apply.

The following manufacturer references are provided for convenience only. OZ Packaging is not responsible for changes, updates, or revisions to manufacturer terms and conditions, which are governed solely by the respective manufacturer.

Manufacturer Terms:

Promach:  Promach

Signode:  Signode

Mekitec  Mekitec Terms | OZ Packaging

Squid Ink (Engage)  Engage Technologies

Schneider  Schneider

Video Jet  Video Jet

PRODUCT PRICES, DISCOUNTS, AND TARIFFS

Prices, license fees, and any applicable discounts for Products shall be specified in an OZ Packaging Service Order Request Form or within this Proposal.

Tariff and Pricing Adjustments

Due to the ongoing fluctuations in international trade tariffs, prices quoted by OZ Packaging are subject to change without notice to reflect increases or decreases in tariffs, duties, or import fees. If a tariff change affects the final cost, OZ Packaging will notify the Buyer before processing the order. Buyers must acknowledge and accept potential price adjustments before shipment.

ORDERS

All orders placed by the Buyer are subject to acceptance by OZ Packaging at its principal place of business. Accepted orders shall be governed by these Standard Terms and Conditions, regardless of any conflicting terms in the Buyer's purchase order or other documents.

CANCELLATION, CHANGES, AND RESCHEDULING

Because cancellations, changes, and rescheduling create logistical and financial impacts, the following conditions apply:

  • Cancellations within 60 days of scheduled delivery will result in a 20% cancellation charge based on the list price of the Products.
  • Changes or rescheduling of an order will result in a 5% charge based on the list price.
  • If the canceled Products are custom or not listed in OZ Packaging’s current price list, the Buyer agrees to reimburse OZ Packaging for all out-of-pocket costs incurred up to the cancellation date.

SHIPMENT & FREIGHT LIABILITY

  • Delivery Terms: F.O.B. (Freight on Board) to the shipping point specified in the Invoice.
  • Freight Arrangements: OZ Packaging arranges shipping for most orders using standard carriers.
  • Carrier Liability: OZ Packaging ships using standard carrier liability terms. OZ Packaging does not pay for additional shipping insurance unless explicitly requested and paid for by the Buyer.
  • Damage During Shipment: If a shipment is damaged, OZ Packaging will cover costs only up to the standard carrier insurance coverage amount. Any additional losses must be covered by the Buyer.

PAYMENT TERMS & CREDIT CHECKS

  • Payments are due net 30 days from the invoice date unless otherwise agreed upon in writing.
  • Payments not received within 30 days will incur a monthly late charge of 1.5% on the unpaid balance.
  • If payments are overdue by 90-120 days, OZ Packaging will send a formal letter stating the Buyer has 10 days to make full payment before the account is sent to collections.
  • OZ Packaging conducts credit checks on all customers before approving payment terms. OZ Packaging reserves the right to adjust credit terms based on the Buyer’s financial standing.

TAXES & IMPORT DUTIES

The Buyer is responsible for all applicable taxes, duties, and assessments related to the sale, transportation, and delivery of Products. If the Buyer fails to pay such taxes, OZ Packaging may remit payment on the Buyer's behalf and seek immediate reimbursement.

INSTALLATION & COMMISSIONING

Installation services are available if included in the Invoice or separately purchased. Installation requirements include:

  1. The Buyer must provide a safe, clean, and suitable site with proper power supply, foundation, and ventilation.
  2. The Buyer must provide labor for unpacking and uncrating, but in some cases, OZ Packaging will perform full uncrating and setup as part of full commissioning services (dependent on the sale agreement).
  3. The installation site must be within the contiguous United States.
  4. The Buyer is responsible for ensuring compliance with local laws, union agreements, and site restrictions.
  5. Installation is considered complete when OZ Packaging’s standard diagnostic programs confirm successful operation.
  6. OZ Packaging may perform full commissioning services, ensuring all system functionality and operational readiness, depending on the specific sale terms.
  7. The Buyer indemnifies OZ Packaging against all claims related to installation and operation.

WARRANTY

OEM Manufacturer Warranty

Since OZ Packaging acts as a distributor for OEM manufacturers, warranties default to the manufacturer’s terms unless otherwise specified by OZ Packaging in writing.

  • If OZ Packaging sells an OZ-branded machine, the warranty terms may vary on a case-by-case basis and will be provided at the time of sale.
  • If defects arise during the warranty period covered by the manufacturer, warranty claims must be handled through the OEM warranty process.
  • OZ Packaging does not extend additional warranties unless explicitly agreed upon in writing.

Warranty Limitations

OZ Packaging is not responsible for warranties beyond what the OEM provides, except where explicitly stated in a sale agreement.

SPARE PARTS WARRANTY

  • Spare parts are only covered if the original equipment manufacturer (OEM) offers a warranty.
  • If the OEM does not provide a warranty for spare parts, OZ Packaging does not offer an additional warranty.
  • The Buyer must handle any warranty claims for spare parts directly with the OEM, unless otherwise specified in writing by OZ Packaging.

RETURNS, REFUNDS & RESTOCKING

General Return Policy

All machine sales are final unless otherwise expressly stated in writing on the applicable quote, proposal, or invoice. Any return, refund, or buyback terms must be specifically documented and approved in writing by OZ Packaging LLC prior to shipment.

Non-Refundable Nature of Equipment

Returned machines are not eligible for a full (100%) refund unless explicitly stated on the original quote or sales agreement. This applies to standard, custom, modified, demo, or special-order equipment.

Customer-Initiated Returns (Performance Disputes / Dissatisfaction)

If the Buyer requests to return a machine due to dissatisfaction, change of mind, or claimed performance issues, and OZ Packaging can demonstrate that the machine passed Factory Acceptance Testing (FAT) and that such FAT was signed off or otherwise approved by the Buyer, then:

  • The return shall be subject to a 20% restocking fee, calculated from the original total machine price paid by the Buyer (100% of the machine cost).
  • The Buyer is responsible for all costs associated with de-installation, packaging, freight, insurance, and return logistics, unless otherwise agreed to in writing.
  • Any wear, damage, missing components, or modifications identified upon inspection may result in additional deductions from any refund or credit.

Exceptions – OZ Packaging Negligence

If it is determined, in OZ Packaging’s sole reasonable discretion, that the return is due to proven negligence by OZ Packaging, including but not limited to improper installation, misrepresentation of machine capability, or failure to perform agreed-upon services, the restocking fee may be waived in whole or in part.

Refund Method & Timing

Approved refunds are not guaranteed to be issued as an immediate lump-sum payment. At OZ Packaging’s discretion, refunds may be provided:

  • Over time in scheduled payments, and/or
  • As a credit on account to be applied toward future purchases of equipment, parts, materials, or services.

The refund method and timing shall be determined by OZ Packaging based on the condition of the equipment, resale status, and financial reconciliation.

Inspection & Approval

All returned machines are subject to inspection and acceptance by OZ Packaging prior to any refund or credit being issued. No refund or credit will be processed until the equipment has been received, inspected, and approved.

Consignment Resale Option

In lieu of a return or refund, OZ Packaging may, at its sole discretion, offer a consignment resale arrangement, under which:

  • OZ Packaging will attempt to resell the machine on behalf of the Buyer.
  • Resale pricing, timeline, and market conditions are not guaranteed.
  • Proceeds from resale will be remitted to the Buyer minus applicable commissions, service fees, storage, refurbishment, marketing costs, and any outstanding balances owed to OZ Packaging.
  • Ownership of the machine remains with the Buyer until resale is completed.

No Implied Right of Return

Nothing in these Terms shall be construed as granting the Buyer an automatic or implied right to return equipment. All returns require prior written authorization from OZ Packaging.

 

LIMITATION OF LIABILITY

OZ Packaging’s liability is strictly limited to the purchase price of the Product. The Buyer waives all implied warranties, including but not limited to merchantability and fitness for a particular purpose.

OZ Packaging is not liable for:

  • Loss of profits
  • Special, incidental, or consequential damages
  • Delays in delivery or installation due to factors beyond OZ Packaging’s control

No Professional or Regulatory Advice

OZ Packaging does not provide legal, regulatory, safety, or compliance advice. Any information provided regarding regulations, standards, certifications, or compliance requirements is for general informational purposes only. The Buyer is solely responsible for ensuring compliance with all applicable laws, regulations, codes, and industry standards.

TERMINATION

  • The Buyer may terminate this Agreement if OZ Packaging fails to cure a breach within 60 days of written notice.
  • OZ Packaging may terminate the Agreement immediately if the Buyer breaches these terms.

ASSIGNMENT

Neither party may assign this Proposal or any purchase order without prior written consent.

ENTIRE AGREEMENT

This Agreement, including OZ Packaging’s Service Order Request Form and these Standard Terms and Conditions, represents the entire agreement between the parties. Any modifications must be in writing and signed by both parties.

If any provision is found to be unenforceable, the remaining provisions remain in full force and effect.

Governing Law & Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. Any legal action arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in San Bernardino County, California.

Messaging Terms & Conditions


OZ Packaging | Oz Packaging | 250 W Orange Show Ln San Bernardino CA US 92408-2037


General


When you opt-in to the service, we will send you a message to confirm your signup.


By opting into messages, you agree to receive recurring automated marketing and informational text messages from Oz Packaging for OZ Packaging (including reminders about what you left in your online shopping cart). Automated messages may be sent using an automatic telephone dialing system to the mobile telephone number you provided when signing up or any other number that you designate.


Message frequency varies, and additional mobile messages may be sent periodically based on your interaction with OZ Packaging . Oz Packaging reserves the right to alter the frequency of messages sent at any time to increase or decrease the total number of sent messages. Oz Packaging also reserves the right to change the short code or phone number where messages are sent.


Message and data rates may apply. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. Your wireless provider is not liable for delayed or undelivered messages.


Your consent to receive marketing messages is not a condition of purchase. Marketing messages may include abandoned shopping cart reminders. Oz Packaging uses cookies to help track items in your shopping cart, including when you have abandoned your shopping cart prior to checkout. This information is then used to determine when to send you a cart reminder message.


Carriers


Carriers are not liable for delayed or undelivered messages.


Cancellation


You can cancel any time by texting "STOP". After you send the SMS message "STOP", we will send you a message to confirm that you have been unsubscribed and no more messages will be sent. If you would like to receive messages from Oz Packaging again, just sign up as you did the first time and Oz Packaging will start sending messages to you again.


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You agree that before changing your mobile number or transferring your mobile number to another individual, you will either reply “STOP” from the original number or notify us of your old number at customerservice@ozpackagingllc.com. The duty to inform us based on the above events is a condition of using this service to receive messages.


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If you have any questions about your data or our privacy practices, please contact us @ 909-937-0000.


Messaging Terms Changes


We reserve the right to change or terminate our messaging program at any time. We also reserve the right to update these Messaging Terms at any time. Such changes will be effective immediately upon posting. Your continued enrollment following such changes shall constitute your acceptance of such changes