TERMS & CONDITIONS FOR INTERTAPE POLYMER GROUP INC. AND ITS SUBSIDIARIES AND AFFILIATES (“IPG”) (Online Sales)

THESE SUPERSEDE ALL PRIOR TERMS AND CONDITIONS FOR ONLINE SALES

Prices: Prices are subject to change without notice prior to the time of a purchase and the actual price shall be set at the time of purchase. Prices are subject to all federal, state, local or provincial taxes, which shall be at the Customer’s expense.

Term: Payment is due at the time of purchase.  IPG currently accepts the following credit cards (subject to change at any time without notice):  MasterCard, Visa, and Discover.

Shipments: IPG will ship items Monday through Friday only to the 48 contiguous States located in the U.S.  Shipments will not occur on major United States holidays and on Good Friday. Orders placed on major holidays are processed the next business day. All shipments will be made via UPS ground from IPG’s facility. All shipments which must be delivered to a Customer’s physical address; no deliveries to a P.O. Box

Terminations, Additions and Changes to Order: Please contact Customer Service prior to any order change request. Customers may terminate orders if the order has not been processed.  Additionally, no order may be changed once the order is in the shipping process. If the order has not been released to shipping, changes to orders requested within forty-eight (48) hours of order placement may be honored (subject to all provisions of these Terms and Conditions).

Return of Merchandise: Merchandise returns will be reviewed based on the reason for the return and the conditions below:

  • All merchandise returns must be pre-authorized by IPG.
  • A Return Material Authorization (“RMA”) will be issued by IPG’s Customer Service Representative (“CSR”).
  • The RMA number is valid for thirty (30) days from date of issue to the Customer. If material is not returned within this period, the CSR must be contacted and a request for an extension must be submitted and approval obtained before the return is made.
  • Authorized return shipments must be accompanied by the RMA number prominently displayed on the return package.
  • Only products in original containers, and in saleable condition, will be considered for return. Product received in un- salable condition, in IPG’s sole determination, will be destroyed with no credit issued.
  • All returns that are not due to an error by IPG are subject to a 15% re-stocking fee.
  • IPG reserves the right to determine salability of returned merchandise.
  • Credit will be issued upon IPG’s receipt of authorized goods being returned in salable condition.
  • No return will be accepted without a RMA.
  • IPG will designate the carrier for all returns in which IPG is responsible for the freight charges.
  • A signed carrier POD is proof of delivery of some form of goods to IPG, and not a proof of goods being received in the SKU’s and Quantities indicated on the RMA. Due to the detailed process involved with final inspection of returned goods, IPG releases the carrier prior to final detailed count and final inspection of goods received. IPG reserves the right to inspection, final count and or salability of goods. Any changes will be communicated through IPG’s Claims system process.

TITLE OF GOODS AND SHORTAGE OR DAMAGE:  Delivery of goods or material to common carrier or licensed trucker shall constitute delivery to Customer, and all risk of loss or damage in transit shall be borne by Customer. In the event any shortage or damage of material is detected, the Customer must notify IPG within five (5) business days of receipt of product. Where IPG has selected the common carrier/licensed trucker, IPG will (in good faith and if specifically requested by the Customer) assist the Customer in any damage or loss claims investigation with the carrier, understanding that all risk and loss is borne by the Customer.

TAX ON SALES:  All prices are exclusive of sales, use, and other excise taxes. All such taxes, and any other taxes measured, in whole or part, by gross receipts applicable to a transaction are to be borne by Customer. Notes that State and Federal tax exempt certificates are not collected online.  Orders will be charged sales tax, as appropriate.

PRODUCT USEVarious factors can affect control the use and/or performance of an IPG product, whether in a certain application, or the conditions under which a product is used and the time and environmental conditions under which the product is expected to perform. Since the varying factors are uniquely within the Customer’s knowledge and control, it is essential that the Customer evaluate and assess any IPG product to determine whether it is fit for a particular purpose and suitable for a Customer’s method of use or application.

INDEMNITYCustomer agrees to indemnify, protect, save and hold harmless IPG, their affiliates, agents, distributors, successors, and assigns from and against any and all claims, actions, suits, personal injuries, proceedings, costs, expenses, damages and liabilities, including attorneys’ fees, arising out of, connected with, or resulting from the use, condition (including, but not limited to, latent and other defects and whether or not discoverable by it) or operation of the Product, by any person.

WARRANTY:  IPG products are warranted to meet their specifications for products at the time of shipment. Certain products may have specific written warranties, the terms of which are incorporated herein. IPG AND ITS AFFILIATES MAKE NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE FITNESS, QUALITY, DESIGN, CONDITION, CAPACITY, SUITABILITY, MERCHANTABILITY OR PERFORMANCE OF THE EQUIPMENT OR OF THE MATERIAL OR WORKMANSHIP THEREOF, OR OF ITS FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY:  IPG will not be liable for any loss or damage arising from the products, whether direct, indirect, special, incidental or consequential, including a warranty claim, or claims made under contract, negligence or strict liability for which damages are asserted.

COMPLIANCE WITH LAWCustomer shall comply with all applicable laws, regulations and ordinances. Customer shall maintain in effect all the licenses, permissions, authorizations, consents and permits that it needs to carry out its obligations under this Agreement.

CODE OF CONDUCTCustomer represents and warrants that Customer has reviewed IPG’s Code of Business Conduct and Ethics located at https://www.itape.com/investor%20relations/corporate%20governance/governance%20documents and, to the extent that Customer acts on behalf of, or holds itself out as an agent or representative of IPG, agrees to abide by such Code of Business Conduct and Ethics.

GOVERNING LAW:  This Agreement shall be governed by, construed, enforced and regulated under and in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Florida. The prevailing party in any such legal action shall be entitled to receive its attorney’s fees

 

IPG Errors / Quality Issues / Shipping Issues
Reason for Return Timeframe to Submit Complaint Request  Credit Issued and Fees
Incorrect Product Shipment Requested within 30 days of original invoice date 100% credit of returned product. Freight paid by IPG.
Product Quality Failure Requested up to 180 days from original invoice date (time may vary by product line) Merchandise need to be received and analyzed for quality failure. If product failure is determined: 100% credit, with approved return authorization, will be issued upon receipt of the product. Freight charges will be paid by IPG.
Freight Damaged Material Requested within 5 business days of receiving date 100% credit or replacement of damaged product if Customer Service Representative or freight claim coordinator via e-mail, fax or in writing within 5 business days of receipt of product.
Shipping Shortages Proof of delivery to CSR required within 5 business days of receiving date 100% credit or replacement of missing product, with proof of delivery to the CSR within 5 business days of receipt of product.
Shipping Overages Requested within 5 business days of receiving date 100% credit of returned product will be issued. Freight charges will be paid by IPG.

 

ENTIRE AGREEMENT: These Terms & Conditions are understood to be incorporated into all contracts of sale entered between IPG and Customer and Customer agrees to be bound thereby. These Terms & Conditions supersede any different or conflicting terms and conditions included in any future or current purchase orders from Customer. These Terms & Conditions may be changed with 30 days’ prior written notice to Customer. IPG shall be excused for any delay in performance due to acts of God, war, riot, embargoes, acts of civil or military authorities, fires, floods, accidents, quarantine restrictions, mill conditions, strikes, lockouts, differences with workmen, delays in transportation, shortage of cars, fuel, labor or materials, inability to obtain materials or shipping space, breakdowns, governmental acts and regulations or any circumstances or cause beyond the control of IPG in the reasonable conduct of its business. Waiver by IPG of a breach of any of these Terms & Conditions shall not be construed as a waiver of any other breach. Neither party may assign its rights or delegate its duties and obligations under this Agreement to any other person or entity without the prior written consent of the other, which consent may not be unreasonably withheld. Notwithstanding the foregoing, IPG may assign this Agreement to an affiliate or a successor-in-interest through a merger or sale of substantially all of the assets or stock upon notice to the other party.