Agreement to Terms & Conditions

Terms and Conditions

ZGEN Packaging – Terms and Conditions

Effective Date: October 1, 2024

1. Introduction

These Terms and Conditions (the “Agreement”) govern all orders placed with ZGEN Packaging (“ZGEN”, “we”, “our”, or “us”) by the buyer (“Customer” or “you”). By submitting an order, the Customer agrees to comply with and be bound by these Terms and Conditions.

ZGEN Packaging is a manufacturer and distributor of MFPP (Microwave-Food-Grade Polypropylene) food containers, based in Ontario, Canada. We supply our products in large quantities to wholesalers, distributors, and other clients.

2. Orders

  • Order Confirmation: Orders placed with ZGEN Packaging are subject to confirmation and acceptance by us. Once an order is placed, we will send an order acknowledgment to the provided contact details. A contract is not finalized until the Customer receives an order confirmation from ZGEN.

  • Minimum Order Requirements: We have set minimum order quantities for certain products. These quantities may vary based on the type of product or packaging. Please contact our sales team for information about minimum order quantities.

  • Price and Availability: All product prices are subject to change without notice. Prices are quoted in Canadian Dollars (CAD) unless otherwise specified. Product availability is subject to stock levels, and we reserve the right to alter availability or discontinue products at any time.

  • Product Customization: Any custom product requests, including but not limited to custom branding or design changes, must be discussed and agreed upon in writing prior to the manufacturing process. Custom orders may be subject to additional charges.

3. Payment Terms

  • Payment Methods: We accept payments via bank transfer, credit card, or other payment methods as specified during the order process. All payments must be made in full before shipment, unless otherwise agreed upon in writing.

  • Credit Terms: For customers with approved credit accounts, we offer payment terms as per the agreement. Standard payment terms are Net 30 days from the date of invoice unless otherwise negotiated. Late payments may incur interest charges at the rate of 2% per month on the outstanding amount.

  • Taxes and Duties: All prices are exclusive of applicable taxes, duties, and tariffs. The Customer is responsible for paying any sales tax, GST/HST, customs duties, or other charges applicable in the Customer’s jurisdiction.

4. Shipping and Delivery

  • Delivery Location: All orders will be delivered to the address provided by the Customer at the time of ordering. The Customer is responsible for ensuring the delivery address is correct and accessible. Delivery instructions should be clearly provided at the time of order.

  • Shipping Charges: Shipping charges are calculated based on the delivery location, size, and weight of the order. Customers will be provided with an estimate of shipping costs before finalizing the order.

  • Delivery Time: While we strive to meet delivery timeframes, all delivery dates are estimates only. We are not liable for delays caused by third-party couriers, customs, or any other factors beyond our control. Delays due to unforeseen circumstances will not entitle the Customer to cancel the order or seek compensation.

  • Inspection Upon Delivery: Upon receiving the shipment, the Customer must inspect the products for any damage or defects. If the products are damaged or incorrect, the Customer must notify ZGEN Packaging within 7 days of receipt for a return or exchange.

5. Returns and Cancellations

  • Return Policy: Custom or specially-manufactured products are non-returnable. Standard products may be returned within 14 days of delivery if they are unused, undamaged, and in original packaging. A restocking fee may apply for returns, and the Customer is responsible for return shipping costs.

  • Cancellations: Cancellations of orders can only be made before the production or shipping process has begun. Once production or shipment has commenced, the order cannot be canceled without incurring cancellation fees.

  • Defective Products: If the products delivered are defective or do not meet the specifications provided in the order, the Customer must notify us within 7 days of delivery. We will either replace the defective product or issue a credit, at our discretion.

6. Product Warranty

  • Product Warranty: ZGEN Packaging guarantees that its products are free from manufacturing defects for a period of 12 months from the date of delivery. This warranty does not cover damage caused by misuse, accidents, or normal wear and tear.

  • Claims Under Warranty: To make a warranty claim, the Customer must provide proof of purchase and evidence of the defect. ZGEN reserves the right to inspect and determine whether the product qualifies for replacement or repair under warranty.

7. Intellectual Property

  • Copyright and Trademark: All content, designs, trademarks, logos, and intellectual property related to ZGEN Packaging products are the sole property of ZGEN or its licensors. The Customer agrees not to infringe upon ZGEN’s intellectual property rights.

  • Custom Designs: If a Customer provides custom designs, logos, or branding for manufacturing, the Customer warrants that they own or have the right to use the intellectual property provided and agrees to indemnify ZGEN Packaging against any claims of intellectual property infringement.

8. Limitation of Liability

  • Limitation of Liability: ZGEN Packaging’s total liability, whether in contract, tort (including negligence), or otherwise, for any loss or damage arising from the use of our products or services, shall not exceed the total amount paid by the Customer for the order in question.

  • Indemnification: The Customer agrees to indemnify, defend, and hold harmless ZGEN Packaging and its affiliates, directors, officers, and employees from any claims, damages, or losses arising from the Customer’s use of the products, including any claims related to the Customer’s misuse of the products or violation of applicable laws.

9. Confidentiality

Both parties agree to maintain the confidentiality of any confidential information exchanged during the course of business. This includes pricing, product specifications, and any proprietary information shared between ZGEN Packaging and the Customer.

10. Governing Law and Dispute Resolution

  • Governing Law: These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law principles.

  • Dispute Resolution: Any disputes arising from these Terms and Conditions shall be resolved through binding arbitration in Ontario, Canada. The arbitrator’s decision will be final and binding on both parties.

11. Force Majeure

ZGEN Packaging will not be held responsible for any delay or failure to perform its obligations under this Agreement due to events outside its control, including but not limited to acts of God, natural disasters, labor disputes, transportation disruptions, or government actions.

12. Modifications to Terms

ZGEN Packaging reserves the right to modify these Terms and Conditions at any time. Any changes to these Terms will be effective upon posting on our website or upon notification to the Customer. The Customer’s continued use of our products or services after such modifications shall constitute acceptance of the updated Terms.

13. Agreement to Terms

By submitting an order or using ZGEN Packaging’s services, the Customer acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions.

Contact Information

For any questions regarding these Terms and Conditions or our products, please contact us at:

ZGEN Packaging
Email: info@zgenpackaging.com
Website: https://zgenpackaging.com