• American Bag USA, Inc., based in North Carolina USA. Products are produced domestically in the U.S. and Internationally. Thank you for considering our specialty food and gourmet packaging products.

GENERAL ORDERING

• Customer acknowledges that it may or may not issue signed purchase orders and authorizes American Bag USA, Inc. to take orders verbally, via telephone, by facsimile or computer transmission and to act upon such orders as if a signed purchase order was issued.

GENERAL SHIPPING

• FedEx Ground or UPS Ground. When using common carrier will endeavor to use the least expensive method of freight this may not always be the case. At times, this may conflict with Customer's prior request. Customer agrees to pay all freight incurred by common carrier if these charges were incurred due to customer request for an emergency shipment outside of normal scheduled deliveries.

STOCK ORDER TERMS

• All stock products should ship within 48 hours. Stock orders requiring custom inserting of degassing valves may require 5 to 10 business days from the order date. We mainly accept Visa and MasterCard. When we receive your order we will contact you via facsimile or by e-mail with your Order Confirmation which requires your signature prior to processing your order. If there are any questions regarding your order we will contact by telephone. Please note, all credit card, debit card or PayPal transactions are one (1) way transactions. No refunds will be issued back to credit cards, debit cards or PayPal accounts. Any and all claims or requests to return unopened stock product must be made within thirty (30) days. Any and all returns are subject to a restocking fee. Note, all return packaging products commonly for food must be completely removed, inspected, recounted and repacked in new packing for liability and public safety even if cartons are unopened. A returns must be authorized and issued a R.A. # or the product will be rejected upon any return delivery attempt. Custom products are non returnable unless defective. If/when stock merchandise is returned after receiving a R.A. # any and all refunds will be by company check only within ten (10) days of receipt in our warehouse. Net thirty (3) day terms if/when approved are typically after prior orders with us can establish. A formally signed Terms Agreement must be on file which reflects a collection fee of US$229.00 on the thirty-eighth (38th) day from the original invoice date and a finance charge of 1.50% per month, which is an annual percentage rate of 18%, will be charged on all past due accounts.

APPLYING FOR NET 30 DAY TERMS

• Customer hereby authorizes American Bag USA, Inc. to make any inquiry regarding Customer's credit worthiness and business practices including contacting banks, credit references and credit reporting authorities. Customer also acknowledges that American Bag USA, Inc. may report payment records to credit reporting authorities. In the event of any incorrect reporting, American Bag USA's sole liability shall be limited to correcting any inaccuracies. American Bag USA, Inc. shall have absolutely no other liability with respect thereto.

PRODUCT LIABILITY

• Liability for loss or damage due to the use of American Bag USA's products is limited to the lesser of the invoice price or the amount actually received by American Bag USA, Inc. shall not be liable because of late deliveries or non-deliveries due to fire, inability to acquire raw materials, labor difficulties, or other causes beyond American Bag USA's control and shall continue until such contingency has been remedied.

CUSTOM ORDER TERMS

• Almost all custom printed bag pouch and box orders due to initial prepress cost exposure require a fifty percent (50%) deposit with a signed Order Confirmation, and the balance being due prior to shipping. Custom Labels and other custom products that have a production time under twenty-five (25) days are required to be paid in full subject to over/under run policy, and any other pending charges outlined on the signed Order Confirmation. Custom printed polylaminated film or foil bags, pouches and/or polylined paper tin tie bags have an average lead time after proofs of eight (8) to ten (10) weeks for production. Split printed bags and pouch production runs, or orders of 50M or less are subject to a +/-25% over/under run. All other production print runs are subject to a +/-10% over/under run. Any and all custom ordered packaging received from our overseas plant must be paid if full, and removed bonded warehousing within five (5) business days to avoid 3rd party storage fees.

ARTWORK

• Customer represents that any designs, artwork, or other trademarks or trade dress Customer asks American Bag USA, Inc. to produce or acquire for Customer or Customer's client is Customer's or Customer's client's property. Any plates, dies or artwork acquired or produced by American Bag USA, Inc. for Customer which remains unpaid for shall be American Bag USA's property and Customer waives any rights of offset or claims of conversion.

CANCELLATION

• Custom orders may only be canceled prior to costs incurred by American Bag USA, Inc. on custom products. Any custom order terminated after costs are incurred by American Bag USA, Inc. are subject to a termination claim for reasonable and necessary out of pocket costs and expenses not previously paid by Buyer.

FAILURE TO PAY

• If Customer fails to pay for invoices within the agreed upon terms Customer unconditionally authorizes American Bag USA, Inc. to (a) delay or withhold shipments of ordered product, (b) scrap or resell ordered product, the proceeds of which shall be used to cover the cost of handling and shall not apply to any portion of the unpaid balance, and (c) The customer agrees that if American Bag USA, Inc. is to cause plates to be manufactured, all charges incurred therewith shall be forwarded to American Bag USA, Inc. in advance and held as a deposit which need not be segregated. This deposit shall be first credited towards any outstanding collection fees, then to outstanding interest, then to principal and then to the price American Bag USA, Inc. incurred for the plates. Customer expressly agrees that the plates will not be delivered to customer unless all indebtedness owed to American Bag USA, Inc. has been paid in full.

INDEMNIFICATION

• Customer shall indemnify and hold harmless American Bag USA, Inc. against all damage resulting from liabilities incurred to any third party as a result of customer's order, including, but not limited to, any and all judgments damages, costs, attorney fees and expenses to American Bag USA, Inc. resulting from claims which may arise with regard to ownership of trade dress, trademarks, copyright, or other proprietary interests, or if merchandise does not meet performance specifications when drawings, specifications, samples, and/or other written descriptions were provided by or previously approved by Customer, prior to production. In the event of a claim by a third party against American Bag USA, Inc. as a result of an order, American Bag USA, Inc. shall have the right, but not the obligation, to tender the defense of such claim to Customer, and Customer agrees to defend American Bag USA, Inc. in the event of such tender.

INCONSISTENT TERMS AND CONDITIONS

• Any term or condition, either made verbally or which appears on any written document, purchase order or other such instrument, which conflicts with those stated herein shall be void. Where such conflict exists the terms and conditions of this Credit Application shall supersede. If any part of this agreement is determined to be unenforceable the remaining terms and conditions shall continue in full force and effect.

APPLICABLE LAW - VENUE

• This agreement is entered into atAmerican Bag USA, Inc.'s principal place of business located at Banner Elk, North Carolina. In the event that it shall become necessary for American Bag USA, Inc. to file legal action to collect any outstanding obligations from the Customer, the venue of said actions shall be with the Los Angeles County Superior Court. Customer hereby agrees to submit to the jurisdiction in Los Angeles County, California with respect to any legal proceeding commenced to collect any outstanding obligations from customer. In the event it shall become necessary for American Bag USA, Inc. to file an action to collect any unpaid obligations, American Bag USA, Inc. shall be entitled to collect reasonable attorney's fees, collection costs, and court costs. All other disputes between the parties shall be submitted to binding arbitration and a competent arbitration board mutually agreeable to both parties - both parties hereby waive their right to a trial by jury.

REPRESENTATIONS

• The Customer's authorized representative's signature attests to the financial responsibility for any amounts billed and or inventory being held by American Bag USA, Inc. in its warehouse and that the information and statements contained in this application are true and complete and are made for the purpose of inducing American Bag USA, Inc. to sell product to the Customer and to establish an open line of credit. The undersigned further agrees that all sales shall be subject to the terms and conditions, which are set forth in this credit application.

LINE OF PRODUCTS

• Certain products may be under exclusive regional agreements with local distributors or dealers. In such cases, American Bag USA, Inc. and its subsidiaries reserve the right to refuse service to customers at its discretion for any reason and at any time.

UPDATES ON WEBSITE

• Customer agrees to be bound by all terms and conditions set forth on the American Bag USA, Inc. website, as those terms may change from time to time. By utilizing this website you agree that you will have the continued ability to access http://www.americanbag.com. You hereby represent and agree that you have read the additional terms set forth on the website above, and that you agree to be bound by these terms and conditions.

PRODUCT IMAGE ADVERTISING

• The Customer, on behalf of itself, agrees to allow American Bag USA, Inc. to use for its marketing and advertising purposes visual images of any products that American Bag USA, Inc. offers for sale to the Customer for American Bag USA, Inc.'s marketing and advertising purposes. If the Customer is not the legal owner of any portion of the product image, the Customer will notify American Bag USA, Inc. of this fact in writing before delivery.

PRIVACY POLICY

• Customer information may, from time to time, be shared with vendors if necessary to fulfill an order. American Bag USA stocks thousands of products in it's warehouses, but also has many vendors, some of which will drop-ship product directly to a customer site. If American Bag USA chooses to have a vendor drop-ship product(s) to a customer in order to expedite delivery, information transmitted to a vendor will only include that information necessary to make the delivery of the product. This might include, but not be limited to, the customer's company name, contact information, address, phone number, and any other details relevant to making a successful delivery of product. Credit Card information is stored and cannot be accessed by American Bag USA personnel. Every reasonable precaution is taken to ensure that your order history, your pricing, and other information is kept safe. American Bag USA will never sell or rent it's customer list or demographic information to anyone. American Bag USA may from time to time contact customers by phone, email, fax or in person in order to provide better service or inform it's customers about our products and services. By using this site, and registering or activating an account, you are consenting to such routine contact.

By using this website, you are in acknowledgement of our Privacy Policy.

Phone: (800) 590-BAGS (2247)  Fax: (800) 643-BAGS (2247)