Terms & Conditions

1

Lead Time

a.

All lead times assume that no fortuitous events or new gov't policy implementation in the origin and destination countries will occur during production and delivery.

b.

Mass production lead time for non-stock items shall start once the check for the downpayment has cleared, the final sample to be used as mass production reference are signed by the Client, and the packaging material specification sheet is signed, whichever is later. If there are no samples to sign and Client is on credit terms, the lead time shall start once the Client signs the quotation issued by Innovpack.

c.

On-hand items may be picked up 24-48 hours from the signed quotation date or website order date.

2

Delivery Period

a.

The Client is obligated to either pick up or approve delivery within 7 calendar days of the “Delivery Notice” sent via email.

b.

Beyond 7 calendar days of the “Delivery Notice” and no pick up was done or delivery approval was given, Client shall waive its rights for refunds, returns, and/or exchange.

c.

Beyond 14 calendar days of the “Delivery Notice” and no pick up was done or delivery approval was given, Client shall pay a storage fee of 100 PHP per CBM per day in addition to the waiving of rights for refunds, returns, and/or exchange.

3

Storage and Handling Requirements (For PET bottle orders)

a.

Storage Time – PET bottles should be used in a First In, First Out system to limit the time stored. It is recommended that the bottles are filled with the intended product immediately or within 7-14 calendar days of receipt as empty PET bottles are more vulnerable to fluctuating temperature and humidity.

b.

Storage Temperature and Humidity– Elevated storage temperatures (above 100°F/38°C) allow empty PET bottles to further shrink, mainly due to relaxation of the oriented and partially oriented regions of the bottle. Extreme temperature conditions (above 131°F/55°C) can cause severe distortion of the amorphous areas of the bottle, including the finish and neck. The recommended humidity is between 40-60%. Moderate storage temperature and humidity should be provided to insure consistent bottle dimensions and properties.

c.

Surface Contamination – Storage area should be kept clean, dry, dust, odor, insect, and rodent free. PET bottles should not be stored in direct sunlight. Aromatic materials such as spices, solvents, ink, cleaning supplies, and disinfectants should not be stored in the same area as PET bottles.

d.

Shipping Conditions – It is recommended when empty PET bottles are shipped to or through areas where outdoor temperatures may exceed 90°F/32°C a temperature controlled container or trailer capable of maintaining a temperature of 80°F/27°C or lower be used.

4

Order Cancellation

Purchase Order cancellation is a breach of contract. Cancelled orders with credit terms are subject to at least a penalty amounting to 15% on top of the Purchase Order-related expenses incurred by Innovpack. Payments made after Purchase Order or Signed Quotation issuance shall be forfeited. If cancellation is made before mass production, payment can be used to pay for another existing or future Purchase Order.

5

Payment

a.

Taxes - All prices are VAT inclusive. The withholding tax shall be deducted for each collection receipt.

b.

BIR Documentation - Innovpack shall issue a BIR Collection Receipt for each payment, partial or full and a Delivery Receipt for each delivery, partial or full. A VAT Sales Invoice shall be issued upon complete payment of the contract amount. Clients are required to give a copy of their BIR 2303 for proper encoding of company details on the documents.

c.

Early Payment - Early payment, defined as 3 days or more before due date, is qualified for a 1% discount based on the VAT ex billable amount.

d.

Billing for Quantity Variance - In case of quantity inconsistencies amongst the Purchase Order, Client’s physical count, and signed Delivery Receipt quantities, the Delivery Receipt quantities shall be the final quantity to be used for billing.

e.

Billing for Paid Samples - For paid samples, please note that Innovpack quotes based on the cost of running the machine to produce the small batch sample and not per piece. For approved refundable samples, please also note that only the sample cost is deductible from the mass production Purchase Order balance payment. Air freight and other delivery-related costs will not be refunded.

f.

Billing for Excess Quantity Delivered - In case of overproduction, purchasing of excess quantity is optional to Client. If Client decides not to purchase excess quantity, Innovpack has the right to claim the excess goods.

g.

Billing for Staggered Delivery - Goods qualified for staggered or blanket PO deliveries shall be billed after each delivery receipt date. The quantity billed shall be the quantity on the signed delivery receipt.

h.

Billing for Disputed Goods - The quantity of goods with disputed quality shall not be billed immediately but must be resolved with the Client within 7 calendar days of the formal complaint. The delivery quantity without quality issues shall be immediately billable and shall not be affected by the disputed quantity.

i.

Default - Innovpack shall impose a payment default penalty equivalent to 0.035% of the amount due for each day of delay beyond 5 calendar days. This penalty shall be added to and billed along with the remaining balance of the Client.

6

Compatibility

a.

The Client shall be responsible for all chemical compatibility tests and costs.

7

Quality

a.

Visual Inspection and Testing

i.

Unless stated otherwise on the attached packaging material specification sheet, Innovpack uses ANSI/ASQ Z1.4-2008, General Inspection Level 1 for imports and outsourced goods and Level 2 for locally produced goods by Innovpack. The AQLs followed are 4.0 for Minor, 2.5 for Major, and 0.065 for Critical defects.

ii.

If the AQLs are breached, Innovpack shall be given a maximum of 7 working days to investigate on-site to validate Client’s claims. If validated, Innovpack shall either replace or refund the affected quantity as long as the complaint was filed within the prescribed period (Refer to: Number 7, Letter C, II) and storage and handling requirements were practiced by the client (Refer to: Number 2, Letters A-D)

iii.

The definition of Minor, Major, and Critical defects, along with the testing methods to be conducted will be discussed in detail on the Packaging Material Specification sheet.

iv.

The standard visual inspection distance is 1m distance from the illuminant and 30-50cm between the product and the eye or normal end-user use distance.

v.

Innovpack shall be liable for cleaning of the goods with excessive visible dirt if it is visible at the standard visual inspection distance.

vi.

The Client shall be responsible for all invisible or microorganism tests and cleaning procedures such as UV light treatment, hydrogen peroxide, etc. and their costs.

vii.

For any claimed quality issue, sorting labor and cost shall be at the expense of the Client

b.

Testing methods

The testing methods will be included in the Packaging Material Specification sheet.

c.

Complaints, returns, refunds

i.

For quality issues, the packaging material specification sheet shall be referred to. A replacement quantity or refund shall be amicably agreed by both parties.

ii.

Complaints shall be formally filed via email to sales2@innovpack.ph and cc ask@innovpack.ph. Please be guided by the reporting period. The period will depend on the quantity on the delivery receipt.

>Less than 5,000 pcs – within 24 hours from time of delivery

>5,000-50,000 pcs – 7 calendar days

>More than 50,000 pcs – 15 calendar days

Beyond the prescribed period, Client shall waive its rights for refunds, returns, and/or exchange

8

Liability

a.

Innovpack shall not be liable for false or misleading claims on the client's artwork, labels, and other product information.

b.

innovpack shall not be liable for Clients' activities that may breach local or international laws.

9

Delivery (Non-Courier)

a.

Upon arrival, the delivery team shall wait for a maximum of 15-20 minutes for the unloading process to begin. Beyond this, Innovpack shall consider the delivery a *cancelled delivery and shall give the delivery team the right to leave the Client's address with the ordered goods. The next delivery schedule shall be booked based on the next available date. Innovpack shall not be liable for the delay in delivery due to the rebooking. After unloading the goods, the delivery team shall wait for a maximum of another 15-30 minutes for the inspection to finish. Beyond this, the delivery team has the right to leave the Client's premises so they can proceed with other scheduled deliveries that day. The Client shall settle a penalty of PHP 3,000 for each cancelled delivery. It shall be settled 1 week from the date of the new delivery date.

b.

The delivery team shall consist of 1 driver and 1 helper and they shall only unload the ordered goods on a ground floor receiving area. For carrying and lifting of cartons beyond this area (Ex. 2nd floor), the Client shall send a written notice to the Sales Executive handling their account 2 days before the scheduled delivery so Innovpack can prepare enough manpower to finish the tasks. Extra charges will apply depending on the manpower requirement

10

Packing

a.

If packing is not indicated on the contract, all prices assume 1 outer pe bag for each bundle. The cost of unit packaging (opp bag), inner packaging (polybag), outer packaging (cartons), stretch films, and pallets (wooden), etc. are not yet included.