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CleanMark terms and conditions

CleanMark / Lgi : Terms and Conditions of Sale

All orders accepted by CleanMark are, notwithstanding any contrary provision of any purchase order submitted to CleanMark or any other document, subject to the following terms and conditions of sale. These terms and conditions (together with the order expressly accepted in writing by CleanMark), constitute the entire agreement between CleanMark and Customer with respect to this subject and there are no understandings, agreements or representations, express or implied, which are not contained herein.

  1. Acceptance – A copy of the quotation signed by an authorized representative of CleanMark, a Purchase Order from the Customer and these terms will constitute a complete contract. If any confict exists between the quotation signed by CleanMark, the Customer’s Purchase Order and these terms, the signed quotation and these terms shall take precedence. CleanMark reserves the right to refuse any order even though it is received with the 30-day period from quotation date.
  2. Purchase Orders – All Purchase Orders submitted to CleanMark must set forth:a. An identifcation of the products ordered, including description and product codeb. Quantitiesc. Unit price and total order priced. Request delivery dates, ande. Shipping instructions and shipping address
  3. Minimum Billing – $250 plus transportation charges.
  4. Delivery Terms – All deliveries of products pursuant to the order accepted will be at CleanMark’s manufacturing facility in Portland, Oregon. All risk of damage to or loss or delay of products subject to the Purchase Order will pass to the issuer of the Purchase Order (for purposes of these terms “customer”) upon their placement on CleanMark’s delivery dock or their release to a common carrier specifed by the customer. The customer shall pay all freight costs and will insure each shipment of products subject to the Purchase Order for the full invoice value of such shipment. Such insurance will provide for full coverage from the time the risk of loss passes to customer as provided above until customer has paid CleanMark for such products in full and will designate CleanMark as an additional named insured. CleanMark reserves all rights with respect to delivered products permitted by applicable law including, without limitations, the rights of rescission, repossession, resale and stoppage in transit until the full amount due hereunder from customer in respect of all delivered products has been paid.
  5. Prices – The prices to be paid by customer for products will be the prices shown on specifc custom Quotations and/or those prices specifed by CleanMark in efect at the time of acceptance of customer’s Purchase Order by CleanMark. All prices are as delivered at CleanMark’s manufacturing facility as specifed in Section 4 above. Prices are based on standards established by the National Association of Graphic and Product Identifcation Manufacturers, Inc. and Tag and Label Manufacturers Institute.
  6. Payment Terms – All payments will be made in United States dollars. All amounts invoiced will be due and payable in full within thirty (30) days of the date of the commercial invoice. Any payment not received by CleanMark by such date shall be considered overdue. All terms of sale shall be the delivery point specifed in Section 4 above.
  7. Overdue Payments – If any payment from customer to CleanMark is overdue (as defned by Section 6 above), a late fee at the rate of 1½% per month (18% per annum) will be due and payable on all such overdue balances. Customers agree to pay CleanMark for any collection costs, including attorney’s fees whether or not suit, action or arbitration is commenced.
  8. Taxes – Prices do not include any tarif regulations or taxes not in efect at this date. Prices do not include sales, excise taxes or applicable duties or tarifs, and if products are or become subject to such taxes, tarif regulations or any such other fees or charges, customer agrees to assume full responsibility therefor.
  9. Acceptance of Products – Customer will conduct inspections of products as soon as practicable after delivery and to notify CleanMark immediately of any defects or damage to delivered products. CleanMark will not be liable for any product defect or damage unless CleanMark has received notice and substantiating evidence from customer within 30 days of arrival of products at the customer-designated shipping address and a Return Material Authorization Number has been issued by CleanMark. If the substantiating evidence provided by customer demonstrates that such defect or damage existed at the time of delivery of the products to the customer, as defned in Section 4 above, CleanMark will promptly either: (a) deliver additional or substitute products to customer; or (b) credit customer for the cost of the defective or damaged products against the next payment due from customer for products previously supplied, at CleanMark’s sole discretion.
  10. Changes – No order may be changed by customer without liability unless notice or revision is made and accepted by CleanMark in writing before work on the product is in progress.
  11. Cancellations – will be accepted based upon terms and conditions acceptable to CleanMark and evidenced by CleanMark’s written consent. CleanMark will be reimbursed by customer for expenses. CleanMark shall further be entitled to a reasonable termination fee consisting of a percentage of the Order Price refecting the percentage of work, goods delivered to services performed prior to CleanMark’s receipt of cancellation. Customer agrees to the following:a. All orders are custom constructions that are authorized for immediate, full quantity production upon acceptance by CleanMark.b. Contract orders are authorized for full quantity production upon acceptance of the customers P.O.c. CleanMark is fully authorized, by its acknowledgement of customer’s P.O., to produce the order and once production begins the order shall be subject to the conditions listed in Section 11.
  12. Customer Items – CleanMark shall not be responsible for loss or damage to patterns, dies, tools or jigs which are owned by the customer and which are stored with CleanMark. At all times the risk of loss of said items shall remain with the customer. Likewise, CleanMark does not act as an insurer for such items belonging to the customer which are left with CleanMark. It is the responsibility of the customer to procure such insurance as the customer deems necessary to cover such items.
  13. Warranty Disclaimer – CleanMark HEREBY WARRANTS THAT THE PRODUCTS WILL BE FREE FROM MATERIAL DEFECTS AT THE TIME OF DELIVERY. BECAUSE THE PRODUCTS ARE MANUFACTURED TO THE CUSTOMER-SPECIFIED AND CUSTOMER-APPROVED SPECIFICATIONS, CleanMark, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE OF FITNESS FOR A PARTICULAR PURPOSE. CleanMark’s sole obligation in such event of a breach of the warranty given, shall be, at CleanMark’s sole option and at no charge to customer, either to: (a) deliver additional or substitute products to customer; or (b) credit customer for the cost of the defective products again the next payment due from customer for products previously supplied.
  14. Confdential Information – A party may receive or learn specifcations, designs, programs, technical or other information concerning products and customer information, business information or other information confdential or proprietary to the other party (“confdential information”). All such information shall be considered confdential information of the disclosing party or the party about which such information is learned. The receiving party shall not disclose to third parties or use the other party’s confdential information for any purpose other than ordering and supplying product without the express written permission of the other party.
  15. Indemnity – Subject to the terms and conditions of these Terms and Conditions of Sale, each party hereto shall indemnify and save the other, and its ofcers, directors, employees and owners, harmless from and against any loss, claim or damage whatsoever, including but not limited to reasonable attorneys fees (including those on appeal), resulting from, related to or arising out of each party’s performance, or failure to perform.
  16. Damages Limitation – CUSTOMER UNDERSTANDS AND AGREES AS FOLLOWS:a. Delay – CleanMark WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DELAY IN FURNISHING PRODUCTS OR ANY OTHER PERFORMANCE UNDER OR PURSUANT TO ANY PURCHASE ORDER AND THESE TERMS AND CONDITIONS OF SALE.b. Sole Remedies – THE SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF ANY AND ALL WARRANTIES AND THE SOLE REMEDIES FOR CleanMark’s LIABILITY OF ANY KIND WITH RESPECT TO THE PRODUCTS WILL BE LIMITED TO THE REMEDIES PROVIDED FOR IN Section 13 OF THESE TERMS AND CONDITIONS OF SALE, NOTWITHSTANDING ANY PROVISION OF ANY PURCHASE ORDER, COMMUNICATION BETWEEN THE PARTIES OR ANY OTHER DOCUMENT TO THE CONTRARY.c. Consequential Damages – IN NO EVENT WILL CleanMark’s LIABILITY (WHETHER ARISING OUT OF CONTRACT, TORT OR OTHERWISE) INCLUDE ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR LOST PROFITS, EVEN IF CleanMark HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL DAMAGE OR LOSS.
  17. Applicable Law – Customer agrees that the laws of the state of Oregon shall govern any agreements between the parties and that Oregon shall be the exclusive forum in which any disputes between the parties are adjudicated.

Website Terms and Conditions

Acceptance and Use

By accessing https://cleanmarklabels.com/, operated by Cleanmark Labels (“CML”), you agree to these Terms and Conditions without modification. Please review these terms carefully and retain a copy for reference. CML specializes in manufacturing labels that support scientific advancements and technologies. Your use of the site implies consent to our Privacy Policy and electronic communications, which you agree meet any legal requirements.

User Conduct and Age Restrictions

Our services are intended for users who are 18 years of age or older. Any individual under the age of 18 is prohibited from creating an account and using our services without parental or guardian consent. If a user between the ages of 13 and 18 wishes to use our services, a parent or guardian must complete and submit the required consent forms, which are provided during the account sign-up process.

CML adheres to the Children’s Online Privacy Protection Act (COPPA) and does not knowingly collect personal information from children under the age of 13. If we become aware that such information has been collected without parental consent, it will be deleted immediately. Accounts found to be registered by users under 18 without proper parental consent will be deactivated.

Third-Party Interactions

Our site may link to external websites, which are not under our control, and we are not liable for their content. CML may also integrate third-party services, and by using these, you consent to CML sharing necessary data with third parties to provide these services.

International Data Transfer

In the course of providing our services, we may transfer your personal data to countries other than the one in which you reside. We will ensure all data transfers comply with international data protection laws and are secured with appropriate safeguards. Our commitment is to protect your data irrespective of where it is processed or stored.

Specific Rights under Data Protection Laws

You have specific rights under applicable data protection laws, including the right to access, correct, or delete your personal data or to port it to another service. You also have the right to withdraw your consent at any time, restrict the processing of your personal data, or object to processing by contacting us at (503) 968-8303. We will provide instructions for these processes clearly within our Privacy Policy.

Contact Information for Data Protection Officer

For any inquiries related to data protection, please reach out to our Data Protection Officer at (503) 968-8303. They are available to answer your questions about your personal data and our data protection policies.

Regulatory Compliance and Liability

CML adheres to health industry regulations like HIPAA, ensuring the privacy and security of health information. We disclaim liability for misuse of our labels and any resulting damages. Labels are provided ‘as is’ without warranty of accuracy or reliability. Users are responsible for following medical guidelines when using label information.

Intellectual Property

All content on our labels, including texts, images, and logos, is the property of CML and is protected by law. Unauthorized use is prohibited.

Modifications and Governing Law

CML may revise these terms at any time, with continued use signifying acceptance. These terms are governed by the laws of our jurisdiction, excluding conflict of law principles.

Contact

For queries regarding these terms, contact CML at (503) 968-8303.