US Paper Corp (USP) – Terms & Conditions of Sale
These Terms and Conditions (“Terms”) govern all sales, transactions, and business relationships between US Paper Corp (“USP”) and the purchaser (“Customer”). By placing an order, accepting delivery, or receiving an invoice from USP, Customer agrees to be bound by these Terms.
- Pricing & Orders
All prices are subject to change without notice. USP reserves the right to correct any pricing errors, typographical errors, or omissions. All orders are subject to acceptance by USP and may be modified or cancelled at USP’s discretion prior to shipment.
- Payment Terms
Payment terms are determined based on Customer’s creditworthiness and are established following completion of USP’s credit review and background check process. Approved payment terms will be communicated directly to Customer.
USP reserves the right to:
- Modify payment terms at any time
- Require prepayment, ACH, or credit card payment
- Suspend or withhold deliveries or services for non-payment
- Late Payments
Any past-due balance will be assessed a late payment charge of 1.2% per month (14.4% annually), or the maximum rate permitted by law, whichever is less. Customer shall be responsible for all reasonable costs of collection, including attorney fees, court costs, and collection agency fees.
- Credit Card Payments & Processing Fees
All credit card payments are subject to a 3.5% processing fee, which will be added to the invoice total. This fee is assessed by USP’s third-party payment processor and is not retained by USP.
USP reserves the right to require alternative payment methods at its discretion.
- Returns & Claims
Returns are accepted only with prior written authorization from USP and must comply with all return requirements set forth herein.
To be eligible for any return or credit:
- Customer must request and receive a Return Authorization Number (RA#) from USP prior to returning any product
- Customer must fully complete and submit USP’s Return Form before returning merchandise
- Returns must be requested within 30 days of delivery
- Products must be in original, unopened packaging
- Packaging must be in resalable condition
- Products that have been opened, used, damaged, altered, or repackaged are not eligible for return
Returns sent without an RA#, without a completed Return Form, or that fail to meet the above requirements will not be accepted and no credit will be issued.
All returned merchandise is subject to inspection by USP. USP reserves the sole right to:
- Determine whether returned products are resalable
- Issue full credit, partial credit, or no credit
- Deem products unsellable and ineligible for credit
Custom, special-order, private-label, or discontinued items are non-returnable unless otherwise agreed to in writing. Restocking fees may apply at USP’s discretion.
- Delivery & Risk of Loss
Delivery dates are estimates only. USP shall not be liable for delays caused by carriers, manufacturers, suppliers, labor disruptions, weather events, or circumstances beyond USP’s reasonable control.
Risk of loss transfers to Customer upon delivery. Customer must inspect all shipments immediately and report shortages, damages, or discrepancies within 48 hours of receipt.
- Product Warranties & Disclaimer
USP does not manufacture the products it sells and makes no warranties, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose.
All manufacturer warranties, if any, are passed through to Customer to the extent permitted by the manufacturer. USP makes no independent representations regarding product safety, performance, or suitability for Customer’s intended use.
- Product Liability, Food Safety & Indemnification
USP shall not be liable for any injury, illness, contamination, allergic reaction, death, property damage, or other loss arising from or related to the use, misuse, handling, storage, or distribution of products sold by USP, including but not limited to foodservice containers, packaging, disposables, or paper products.
Customer acknowledges that USP does not control product end use, food preparation, storage conditions, or regulatory compliance at the Customer’s facility. Customer assumes all responsibility for ensuring products are used in compliance with applicable laws, health codes, and safety standards.
Customer agrees to defend, indemnify, and hold harmless USP from and against any claims, damages, liabilities, losses, costs, or expenses (including attorney fees) arising out of or related to Customer’s use or resale of products supplied by USP.
- Limitation of Liability
To the fullest extent permitted by law, USP’s total liability for any claim arising out of or related to the sale of goods shall be limited to the amount paid by Customer for the specific goods giving rise to the claim. In no event shall USP be liable for indirect, incidental, consequential, or special damages, including lost profits, business interruption, or reputational harm.
- Taxes
Customer is responsible for all applicable sales, use, excise, or other taxes unless a valid tax exemption certificate is provided to USP prior to invoicing.
- Purchase Orders & Invoices
These Terms apply to all transactions with USP and supersede any conflicting or additional terms contained in Customer purchase orders, acknowledgments, or other documents unless expressly agreed to in writing by an authorized officer of USP.
USP’s invoices, order confirmations, and delivery documents are expressly subject to these Terms.
- Account Suspension & Termination
USP reserves the right to suspend or terminate Customer’s account at any time for non-payment, credit risk concerns, or violation of these Terms.
- Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles.
- Entire Agreement
These Terms constitute the entire agreement between USP and Customer and supersede all prior agreements, understandings, or representations. Any modification or waiver must be in writing and signed by USP.