Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE (THE “TERMS”) CAREFULLY. THE TERMS CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

  1. Offer to Provide Products and/or Services. These Terms contains the terms and conditions that apply to price quotes and orders for products and services offered by CHICAGO TAG & LABEL INC. (“Seller”) that are generated through or in connection with this website. By placing a request for a price quote and/or order through the website, you agree to be bound by and accepts these Terms.
    1. Price Quotes. A price quote or order for products or services (“Quotation”) from Seller, generated through or in connection with Seller’s website from the information supplied by you, the website user (“Purchaser”), constitutes an offer by Seller to provide to Purchaser the goods and/or services specified in the Quotation solely in accordance with the terms set forth in these Terms and Conditions of Service. The Quotation includes the information provided by Purchaser in the and any documents or artwork of Purchaser or Seller attached to or referenced in the Quotation, including these Terms and Conditions of Service. The Quotation contains the entire agreement between Purchaser and Seller with respect to the matters set forth in it, and supersedes any previous sales agreements, arrangements, communications or negotiations, whether oral or written, between the parties. Reference to any proposal or purchase order of Purchaser will not in any way modify any differing terms and conditions of the Quotation, but will incorporate additional terms of the proposal or purchase order to the extent specifically identified in the reference or, if not specifically identified in the reference, all additional terms to the extent not differing from any terms and conditions of the Quotation. The Quotation may be canceled or modified by Seller without notice at any time before acceptance by Purchaser.
      1. Purchaser may accept and acknowledge the Quotation either by emailing its acknowledgment and acceptance of the Quotation to Chicago Tag, signing a separate, written purchase order issued by Seller, or by Purchaser’s submittal of an order through Seller’s website (if and when such website permits such action), within 30 days after the date of the Quotation or any later date specified on its face. If Purchaser issues its purchase order instead of acknowledging and accepting the Quotation, that act will constitute Purchaser’s unqualified acceptance of the Quotation, and no different or additional terms and conditions contained in the purchase order, to which Seller hereby objects, will in any way be incorporated in the Quotation unless thereafter specifically agreed to in writing by Seller’s authorized representative. Seller’s shipment of proofs or final product does not waive its objections to any different or additional terms and conditions contained in Purchaser’s purchase order or constitute acceptance of them without such written agreement. Once accepted by Purchaser, the Quotation may not be modified except in writing executed by both an officer of Purchaser and a duly authorized representative of Seller.
      2. After acceptance of the Quotation, Purchaser may not cancel Seller’s work specified in the Quotation except upon terms that will fully compensate Seller against loss, including reasonable charges for administrative, supervisory and overhead expenses. Seller reserves the right to run and/or furnish the entire amount of products and/or services specified in the Quotation at Seller’s convenience, holding finished products in stock for Purchaser releases. Seller’s agreement to changes in specifications after such production will not relieve Purchaser from its obligation to pay the price of all production already made.
    2. Orders/Purchases Through the Website. By placing an order through or in connection with Seller’s website, Purchaser agrees to these Terms and Conditions of Service. THESE TERMS AND CONDITIONS APPLY UNLESS THE SELLER AND PURCHASER HAVE SIGNED A SEPARATE AGREEMENT COVERING THE PURCHASE OF THE PRODUCTS AND/OR SERVICES IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN.
      1. After Purchaser completes an order (and payment has been verified), Seller will send Purchaser an e-mail verifying that the order was received and is being processed. Purchaser should check your e-mail regularly and update your profile if Purchaser makes changes to Purchaser’s email address.
      2. ALL ORDERS PLACED BY PURCHASER ARE SUBJECT TO ACCEPTANCE BY SELLER. The receipt of an order confirmation email by Seller does not constitute acceptance of an order. Seller reserves the right to reject orders or limit the quantities on any order. It is possible that verification of customer information may be required prior to acceptance and fulfillment of an order.
      3. Upon Seller’s acceptance of the Purchaser’s order, a firm contract for the purchase and sale of the products and/or services will be formed between Seller and Purchaser, and shall incorporate all the terms set forth herein. These Terms shall NOT be altered or amended by the use of any documents, agreements, arrangements, communications or negotiations, whether oral or written, between the parties. Any attempt to alter this document or to enter an order for products or services which are subject to additional and/or altered terms and conditions will become null and void, unless otherwise agreed to in a written agreement signed by Seller.
      4. All product orders are for use and delivery within the United States. Purchaser agrees and represents that all product orders are for Purchaser’s internal use only, and not for resale.
  2. Artwork, Proofs and Tooling.
    1. Unless otherwise stated, the Quotation is based on Purchaser’s supplying camera ready copy, negative(s) or artwork in standard digital format, and there will be additional charges if Seller is required to prepare artwork or text to be printed.
    2. As necessary, Seller will prepare artwork instructions, proofs, samples and/or test or trial runs or orders of products to be supplied for Purchaser approval. Artwork instructions and proofs are intended to show size, style, location, color sep¬aration of all text and artwork, materials and/or construction specifications, and test or trial products are for verifying compatibility with Purchaser’s equipment and operational uses. Purchaser must approve each proof or sample or indicate changes before Seller can perform further work. Purchaser is responsible for verifying that proofs, samples and/or test or trial products meet Purchaser’s specifications before Seller begins the print run of the final product. Seller is not responsible for errors in the final product that appear in artwork instructions, proofs, samples and/or test or trial products but are not corrected by Purchaser before Purchaser’s final approval for production of the final product. Placement of an order for the print run of the final product will be deemed approval of the prior artwork instructions, proofs, samples test or trial products. .
    3. Seller may impose additional charges for an excessive number of proofs or samples required because Purchaser fails to provide prompt and thorough notice of required changes.
    4. Seller agrees to return or destroy Purchaser’s artwork upon Purchaser’s request after completion of or Seller’s inability to complete the products and/or services specified in the Quotation.
    5. If necessary, Seller will make tools and dies to produce the products as specified in the Quotation. If so stated in the Quotation, Purchaser will be required to reimburse Seller for initial tooling costs. All tooling will remain the property of Seller.
    6. Purchaser represents and warrants that Purchaser owns the copyright or has permission to copy and reproduce any artwork, text or any materials that it submits (or uploads via the Website) as part of the Quotation. Purchase also represents and warrants that Purchaser owns all service marks, trademarks, trade names, trade dress or other indicators of source that are incorporated into or otherwise appears in any artwork, text or any materials that Purchaser submits (or uploads via the Website) as part of the Quotation. Purchaser agrees to defend, indemnify and hold Seller and its officers, directors, employees and agents, harmless from any suit, demand, or claim arising out of any breach of these warranties and agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand or claim, and to pay any attorney’s fees incurred by Seller in defending against such suit, demand or claim.
  3. Prices and Taxes.
    1. Unless otherwise stated on the face of the Quotation, the price(s) stated in the Quotation are good for 30 days, and are not guaranteed for more than 30 days after Purchaser’s acceptance. Seller reserves the right to change the quoted prices and limit quantities at any time thereafter.
    2. Unless otherwise stated, the price(s) stated in the Quotation (or an order) are F.O.B. destination at Seller’s address or other location specified on the face of the Quotation and do not include any shipping charges or costs of insurance. Prices also do not include any applicable sales taxes or similar charges. If delivery is at Purchaser’s address or any other Illinois location, Seller will charge applicable Illinois sales and use taxes unless Purchaser provides a copy of a valid Illinois Reseller’s certificate and certifies to Seller that the products are for resale to Purchaser’s customers.
  4. Terms and Collection.
    1. If Purchaser has obtained credit approval for an open account with Seller, invoices are payable in 30 days, with a 1% discount for payment within 15 days of invoice. Purchaser can obtain such credit approval by submitting to Seller’s the information required on Seller’s standard form credit application and Seller’s reasonable satisfaction with the submitted information and other credit information Seller obtains from reliable rating sources.
    2. If Purchaser does not obtain credit approval for an open account with Seller, payment terms are cash in advance of: (i) production, whereby Purchaser must pay the entire price specified in the Quotation before Seller will furnish proofs, samples and/or any final products or services, (ii) delivery for any products ordered through the website.
    3. Purchaser is not obligated to begin any services or production of any proofs, samples or other products until Seller has obtained credit approval or paid cash in advance of production.
    4. If any invoice is not paid when due or within thirty days (whichever is sooner), Purchaser will pay and be liable for all of Seller’s expenses of collection. Expenses of collection include, but are not limited to, costs, attorneys̓ fees, expert witness fees and fees charged by collection agents or other persons who assist in collection. Interest will accrue on all sums due to Seller at the rate of 1½% per month or any part of a month (18% per annum) until paid.
  5. Delivery. Dates of shipment and/or delivery in the Quotation or order are estimates based on timely order by Purchaser and are not guaranteed. Seller will provide new estimates upon actual receipt of Purchaser’s order, and Seller is not liable for changed estimates because of delays in ordering, changes in availability of raw materials and press and processing time because of other customers’ orders received after the date of the Quotation or order. In any event, Seller is not liable for delay in shipment and delivery of products if an act of god, fire, labor dispute or any other contingency beyond its control (“force majeure”) occurs and Seller has notified Purchaser promptly when the force majeure arises, whether before shipment or after placing the shipment with a common carrier and before delivery of the shipment to Purchaser.
  6. Risk of Loss. Upon Purchaser’s request, Seller will, at Purchaser’s expense, insure for full the price(s) specified in the Quotation or order, the goods that Seller places on board common carriers for delivery to Purchaser. Except as stated in the Quotation or order, or otherwise agreed in writing by Seller, risk of loss becomes Purchaser’s upon placement of the shipment with the specified common carrier.
  7. Inspection. Purchaser may inspect all goods at Seller’s plant or the other agreed delivery location, as is convenient to Purchaser, within ten (10) days after delivery, for patent defects or other noncompliance with specifications. If Purchaser determines that goods are defective or otherwise noncompliant, Purchaser may request replacement of the noncompliant goods or credit for the price charged by Seller. Return of noncompliant goods will be at Seller’s expense. The terms of this section do not apply to the products ordered/purchased through the website.
  8. Returns. The terms for product return are limited to those set forth in Seller return policies and procedures, which are located at: [insert link].
  9. Warranties, Remedies and Limitation of Liability. Notwithstanding any other warranties in Purchaser’s acknowledgment of or purchase order in response to the Quotation, except as otherwise specified elsewhere in the Quotation, Seller provides the following warranties to Purchaser:
    1. If, within one (1) year from the date of their acceptance by Purchaser, any of the goods and/or services that are manufactured, applied, affixed or otherwise fabricated or supplied by Seller are found to be (i) defective in service by reason of defects in material or workmanship, (ii) not to conform strictly to the specifications, drawings or sample specified, furnished or approved by Purchaser, (iii) unsuitable for their ordinary and customary use or any other use specified by Purchaser and acknowledged in the Quotation, or (iv) not to be in compliance with Seller’s other warranties set forth in the Quotation, Seller will repair or replace such items, F.O.B. destination, and Seller will reimburse Purchaser for all reasonable costs incurred in replacing such items at the place of delivery to Purchaser, or as otherwise mutually agreed by Seller and Purchaser, or, if the defects or unsuitability are latent and outside the control of Seller, Seller will enforce, and will assist Purchaser in enforcing, any and all warranty claims of Seller against Seller’s suppliers and/or subcontractors with respect to the defects.
    2. Seller warrants that it will convey good title, and the goods conveyed will be free from any security interest or other lien or encumbrance of which Purchaser has not received written notice on or before the date of Purchaser’s acknowledgment of or purchase order in response to the Quotation.
    3. Seller warrants that all products and services to be provided to Purchaser pursuant to the Quotation will conform to all affirmations, promises, facts, samples, models and descriptions relating thereto made by Seller to Purchaser in the Quotation (including all attachments thereto).
    4. Seller provides printing, coating and other processing services for the production of paper and synthetic labels, tags and other similar readable forms. If Purchaser has indicated that the end products to be furnished by Seller pursuant to the Quotation are to be used for any particular purpose and/or are to be provided to Purchaser’s customers as merchantable goods, Seller agrees to use its best efforts to advise, consult and work with Purchaser in the design of the end products in conformity with Purchaser’s requirements and to inform Purchaser of various alternative materials and processes that Seller may furnish (whether directly or from Seller’s suppliers) that may be suitable to achieve Purchaser’s requirements. Nevertheless, Seller’s consulting and design services cannot substitute for Purchaser’s examination and testing of proofs and samples to verify that the end product will meet Purchaser’s requirements. In addition, Seller cannot provide any warranties to Purchaser with respect to paper or synthetic substrates, inks, coatings or other raw materials obtained from Seller’s suppliers that differ from the warranties it receives from its suppliers. ACCORDINGLY, EXCEPT AS MAY BE EXPRESSLY OTHERWISE STATED IN THE QUOTATION, SELLER DISCLAIMS AND MAKES NO WARRANTIES OF FITNESS OR SUITABILITY FOR USE OR FOR PARTICULAR PURPOSE OR OF MERCHANTABILITY WITH RESPECT TO ANY PRODUCTS OR SERVICES TO BE FURNISHED TO PURCHASER (WHETHER PURSUANT TO A QUOTATION OR AN ORDER).
    5. Seller warrants that it has and will comply with all federal, state and local laws, statutes, ordinances, rules, regulations and codes (“Applicable Law and Regulations”) applicable to Seller’s provision of the products and/or services specified in the Quotation, except that Seller will have no responsibility for compliance of the artwork, text or printed format of any product specified in the Quotation with any Applicable Law and Regulations.
    6. Purchaser will have no remedies for Seller’s failure to perform its obligations under the Quotation other than repair or replacement of products and services or refund of some or all of the price paid by Purchaser thereunder, as set forth above in this Paragraph.
    7. Seller has no affiliation with, nor is Seller endorsed by any third party, including, but not limited to USPS, Click N’ Ship, FedEx, Ebay, Paypal, Ecometry, Red Prairie or Multichannel Order Management. Descriptions provided on the website (including description stating that the product is “compatible with...” are merely descriptive in nature. Seller makes no representations or warranties in connection with the descriptions of its products and services. In particular, Seller does not represent or warrant that any of the products that may be ordered/purchased through the website will conform to or are compatible with the services, forms, requirements and/or specifications used by any third party, and SELLER DISCLAIMS AND MAKES NO WARRANTIES OF FITNESS OR SUITABILITY FOR USE OR FOR PARTICULAR PURPOSE OR OF MERCHANTABILITY. Except as provided above there are no other warranties, conditions or other terms, express or implied, statutory or otherwise, for products ordered/purchased through the website.
    8. SELLER WILL IN NO EVENT HAVE ANY OBLIGATIONS OR LIABILITIES TO PURCHASER OR ANY OTHER PERSON FOR ANY LOSS OF PROFITS, LOSS OF USE OR INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OF OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS AND/OR SERVICES DESCRIBED IN THE QUOTATION OR SOLD THROUGH THE WEBSITE, OR ANY FAILURE OR DELAY IN PROVIDING IN CONNECTION WITH ANY OF THE FOREGOING. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, SELLER WILL NOT BE LIABLE FOR PERSONAL INJURY OR PROPERTY DAMAGE. IN NO EVENT WILL THE LIABILITY OF SELLER ARISING IN CONNECTION WITH THE PRODUCTS AND/OR SERVICES PROVIDED TO PURCHASER (PURSUANT TO A QUOTATION OR ORDERED THROUGH THE WEBSITE) EXCEED THE ACTUAL PRICE PAID BY PURCHASER TO SELLER FOR THE PRODUCTS AND/OR SERVICES DELIVERED.
    9. Seller will not be liable to Purchaser for any claim brought by Purchaser more than one hundred eighty (180) days after delivery of goods or completion of services, whether pursuant to the Quotation or ordered through the website, and such claims are thereafter barred.
  10. Indemnification. Purchaser will defend, indemnify and hold Seller harmless against any and all claim, damages, expenses (including reasonable attorneys’ and expert witness fees and out-of-pocket costs) or other damages incurred by Seller as a result of any infringement of any copyrights, patents, trade secrets or other intellectual property of any third party resulting from the use of any of Purchaser’s artwork, design, layout, plans, specifications, text or other trade secrets or intellectual property furnished or specified by Purchaser for the products and/or services specified in the Quotation.
  11. Drawings, Specifications and Confidential Information. Unless otherwise stated in the Quotation, Purchaser will at all times have title (directly or as agent of its customer or customers) to all drawings (including blueprints, negatives, artwork and the like) and specifications furnished by Purchaser to Seller and intended for use in connection with the products and/or services specified in the Quotation. Seller will use the drawings and specifications only in connection with the Quotation and the furnishing of products and/or services to Purchaser pursuant to the Quotation or as otherwise expressly agreed by Purchaser, and will not disclose the drawings and specifications and any other records embodying any information contained in the drawings and specifications to any third party without the consent of Purchaser.
  12. Applicable Law and Remedies. These Terms, a Quotation and any order, will be deemed a contract made under and governed by the laws of the State of Illinois. All proceedings with respect to any disputes arising out of the Quotation, an order, or these Terms must be brought exclusively before State or Federal courts sitting in Chicago, Illinois. Purchaser agrees to waive any objection to personal jurisdiction and venue in such proceedings, except that further proceedings in Seller’s enforcement of any award of such courts may be brought in any jurisdiction where the party subject to such award or any of its property may be found. Seller will not under any circumstances be liable for any of Purchaser’s costs, interest charges, attorneys’ or expert witness fees or out-of-pocket costs or expenses with respect to a Quotation, an order or of any relationship between the parties.
  13. Modification. Seller reserves the right to unilaterally modify or amend any portion of these Terms at any time without prior notice. This version of these Terms and any modifications or amendments supersede all previous versions. Any failure to enforce or apply a term or provision of these Terms shall not constitute a waiver of that term or provision by Seller, and shall not diminish or impair Seller’s right to enforce such term or provision in the future. Purchaser must review these Terms periodically or prior to any subsequent price quote or order to determine what changes have been made to these Terms.

Quotation Terms and Conditions

Order Acknowledgment Terms and Conditions

Chicago Tag & Label Purchase Order Terms and Conditions

These terms of use were last updated on June, 2015.

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