This website (www.quadpack.com) is owned by QUADPACK INDUSTRIES, S.A., the parent company of the QUADPACK Group, with registered address at Pl. Europa 9-11, planta 11, 08908 Barcelona (Spain), and registered in the Commercial Register of Barcelona in the Volume 15884, Sheet B-399741, Folio 199, Entry 17, and with Spanish Tax ID number: A-65361388.
We inform you that the data that may be required for the functioning of the website may be transferred to other companies of the QUADPACK Group, either because it is necessary, to provide the requested service to you, or to provide the service to you with the highest standards of quality. In this regard, we inform you that the companies that currently form part of QUADPACK Group are the following:
- Quadpack Spain, S.L.
- Quadpack Manufacturing Division, S.L.
- Technotraf Wood Packaging, S.L.
- Quadpack Impressions, S.L.
- Quadpack Plastics, S.A.
- Quadpack Italy, SRL
- Quadpack France, SARL
- Yonwoo Europe, SAS
- Quadpack Germany, GMBH
- Louvrette Gmbh
- Quadpack LTD
- Quadpack UK Limited
- Quadpack Asia Pacific
- Quadpack Australia PTY LTD
- Quadpack USA INC.
- East Hill Ind LLC
The company, "QUADPACK INDUSTRIES, S.A.", is a Spanish company located at Pl. Europa 9-11, floor 11, 08908 Barcelona (Spain), with T.I.N. A-65361388 and registered in Barcelona Mercantile Registry in Volume 15884, Sheet B-39974, Folio 199, Entry 17 (hereinafter referred to as "QUADPACK").
The Website and Applications contain material prepared by QUADPACK for informational purposes only. QUADPACK also reserves the right to modify, expand or reduce the offered material through the Website and Applications at any time by informing the Users.
3. USERS ENGAGEMENT
Specifically, and without implying any restriction to the previous section, the User agrees to
- Provide truthful information about the requested data in the forms provided by QUADPACK for access to certain content or services offered through the Website and/or the Applications and keep them updated. QUADPACK reserves the right, without prejudice to other legal measures at its disposal, to withdraw, deny or suspend access to the Website and/or Applications in the event that the data provided are or may be false, inaccurate or misleading. In any case, the User will be fully responsible for any data or content that he/she transmits or communicates to QUADPACK. In this regard, the User assumes responsibility for any damages that may arise from the improper use of such data.
- Not introduce, store or disseminate through the Website and/or the Applications any program, data, virus, code or any other electronic or physical device that may cause damage to the those, any of the services or any of the equipment, systems or networks of QUADPACK, any other User or, in general, any third party.
- Not alter, copy, download, modify, decompile, disassemble, reverse engineer, license, lease, sell or imitate the Website and/or the Applications, their contents or their base software.
- Not introduce, store or disseminate through the Applications any content that infringes industrial and/or intellectual property rights or business secrets of third parties, nor in general any content of which it does not hold, in accordance with the law, the right to make it available to third parties.
4. RESPONSIBILITIES AND WARRANTIES
QUADPACK shall not be liable for any damages that may arise from interferences, omissions, interruptions, computer viruses, breakdowns and/or disconnections in the operation of the electronic system or in the computer equipment and devices of the Users, caused by causes beyond the control of QUADPACK, that prevent or delay navigation of the Website and/or the Applications, nor of delays or blockages in use caused by deficiencies or overloading of the Internet or other electronic systems, nor of the impossibility of providing the service or allowing access for reasons not attributable to QUADPACK, due to the User, third parties, or cases of force majeure.
Nevertheless, QUADPACK declares that it has adopted and will adopt, where appropriate, all necessary measures within its capabilities and the state of technology, to guarantee the correct functioning of the Website and/or the Applications and to avoid the existence and transmission of viruses and other components that are harmful to Users.
QUADPACK reserves the right to interrupt access to the Website and/or the Applications at any time and without prior notice, whether for technical, security, control, maintenance, power supply failure or any other reason. QUADPACK does not control, in general, the use that Users make of the Website and/or the Applications.
QUADPACK is not responsible for the use that the User makes of the content of the Website and/or the Applications that may violate any type of national or international regulation, intellectual or industrial property rights or any other rights of third parties.
QUADPACK shall not be liable for any errors or omissions in the content of the Website and/or Applications or in any other content that can be accessed through them. Nor can be held responsible for any damages arising from the use of the Website and/or the Applications, nor for any action taken on the basis of the information provided therein.
QUADPACK does not guarantee the absence of viruses or other harmful elements that could cause damage or alterations to the computer system, electronic documents or files of the user of the Website and/or the Applications. Consequently, QUADPACK shall not be liable for any damages that such elements may cause to the user or third parties.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY
All Intellectual and Industrial Property rights, as well as all information contained on the Website and Applications (including their information, texts, data, images, graphics, designs, source code, software, trademarks, navigational structures, databases, etc. and any other content appearing therein) are the exclusive property of QUADPACK.
In this regard, the User is expressly prohibited from reproducing, transmitting, transforming, distributing, publicly communicating, making available, extracting, reusing, exploiting or using in any way, by any means or procedure, any of these, except in cases where it is legally permitted or expressly authorised in writing by QUADPACK.
The Users grant QUADPACK a non-exclusive, unlimited, integral, transferable, free and sub-licensable right to use the data that are not of a personal nature or those data whose personal reference has been deleted (anonymized data).
6. DATA PROTECTION
7. THIRD PARTY LINKS
QUADPACK cannot control the information, content, products or services provided by third parties that are linked to the Website and/or Applications, and access to them through the Website and/or Applications does not imply that QUADPACK recommends or approves of their content.
Consequently, QUADPACK does not assume any liability whatsoever for such content. In the event of access to other networks or computer resources, the User agrees to be bound by the corresponding use and privacy policies.
In any case, QUADPACK states that it will immediately remove any link when the content to which it redirects may contravene national or international legislation, morality and/or public order.
9. MODES OF COMMUNICATION
10. NOTIFICATION OF INCIDENTS AND POSSIBLE INFRINGEMENTS
QUADPACK respects the rights of third parties and applicable legislation. The User of the Website and Applications is obliged to do the same. In case of technical incidents in the operation of the Website or the Applications or if you find errors, inaccuracies or content contrary to the law in any of the different sections, please contact: email@example.com.
11. INDEPENDENCE AND INTEGRATION OF CLAUSES
12. LEGISLATION AND COMPETENT JURISDICTION
© QUADPACK INDUSTRIES, S.A. 2020. Total or partial reproduction prohibited. All rights reserved.
Quadpack Group grants you access to www.quadpack.net and permits you to use the information comprised in the site solely for your personal or internal business use subject to the terms outlined. It is your responsibility to ensure that these terms are brought to the attention of anyone who may read material using these services.
For various reasons, sometimes beyond the control of Quadpack Group, from time to time the site may be offline and unavailable to users. Quadpack Group may at any time modify and/or withdraw the site and services. Quadpack Group may terminate your access to the services immediately without notice. You acknowledge that access to the services may not be uninterrupted and reception could be subject to delays including, without limitation, as a result of the services being provided by the public internet.
Whilst Quadpack Group makes reasonable attempts to exclude viruses from its services, it cannot guarantee such exclusion and accepts no responsibility or liability for them. You are recommended to take all appropriate safeguards before downloading information. Quadpack Group accepts no responsibility or liability for access to, or the material on, any services or site which is linked from or to the Services.
The services are provided "as is" without a warranty of any kind.
Quadpack Group, including the web site www.quadpack.net, all associated materials and the collective pool of information stored and presented is Copyright © Quadpack Group. Information contributed by specific guests, or links to other sites may contain material copyright to the specific supplier. Quadpack Group is the owner of the Information. All intellectual property rights in the Information are retained by Quadpack Group.
The site, software and the information are protected by copyright, database right, unfair extraction right and other intellectual property rights. The information shall not be reproduced other than when downloaded and viewed or printed out on as many hard copies as reasonably required by you for your personal or internal business use only. You may adapt and modify the information as reasonably required for your own internal business purposes only. For the avoidance of doubt, you are forbidden from commercially exploiting the services and/or the information other than for internal business purposes. The information is not to be otherwise reproduced or transmitted without the prior written permission of Quadpack Group. All Quadpack Group's other rights are reserved. Any infringement of Quadpack Group's rights may result in legal action.
Links, Images and Logo Policy
Links provided may be used in compliance with the following terms & conditions:
These Linking Terms & Conditions apply to all links to www.quadpack.net posted on third party web sites. You do not need prior approval to include a link to www.quadpack.net. By posting a link to www.quadpack.net on a website you agree to comply with these Linking Terms & Conditions. If you do not agree to these Linking Terms & Conditions, do not link to www.quadpack.net from your web site.
You may link to any page on www.quadpack.net; however if you link to any page other than the home page, you understand that content on www.quadpack.net is subject to frequent updates. You are responsible for ensuring that your link remains accurate and active. Accordingly, you must monitor your link and modify it the link breaks or the content is removed or changed.
You may not "frame" our content or employ any other method that causes the content to appear to be part of your web site or any site or service other than Quadpack Group without our permission. At all times, when our content is served, the location bar must display only the URL of the appropriate Quadpack Group web page.
You also may create your own text links provided that such links are accurate and otherwise comply with these Linking Terms & Conditions.
You may not use any link, nor link to us from any web site or web page containing material, that:
- infringes or otherwise violates any copyright, trademark, patent, trade secret or other intellectual property right
- is libellous, defamatory or invasive of any right of publicity or privacy or other personal right
- is misleading or inaccurate or constitutes false or deceptive advertising
- is obscene, indecent, harassing or otherwise objectionable at the sole discretion of Quadpack Group
- violates any applicable law, rule or regulation; or
- disparages, or reflects negatively upon, Quadpack Group.
You acknowledge that Quadpack Group disclaims all express and implied warranties regarding Quadpack Group and its contents, including but not limited to warranties of title, non-infringement or that arise from course of dealing, and agree that in no event shall Quadpack Group be liable to you under any theory of liability including for any direct, indirect, incidental, special, consequential, punitive, exemplary or other damages based upon or relating to your linking to Quadpack Group.
Quadpack Group Logo
Quadpack Group logos are provided "as is" without any warranty of any kind, and Quadpack Group hereby disclaims all express and implied warranties, including but not limited to warranties of title, non-infringement or that arise from course of dealing. The use of the Quadpack Group logo is at your sole risk, and in no event shall Quadpack Group be liable to you under any theory of liability including for any direct, indirect, incidental, special, consequential, punitive, exemplary or other damages based upon or relating to the use of the Quadpack Group logos.
Quadpack Group logos and images may only be used with the express permission of Quadpack Group. In order to obtain permission, please contact us with your request outlining your proposed purpose, the location where you would like to include the logo/image, the date of publication, and other relevant details.
Terms and Conditions of Sales
“The Company” shall mean the seller of the goods, being whichever Group legal entity is stated on the quotation. ”The Client” shall mean the buyer of the goods. ”The Goods” shall mean any articles to be supplied by the Company to the Client under the contract. “Contract” shall mean the Contract made or to be made between the Company and the Client subject to these terms.
- All the deliveries and provisions will be made according to these conditions and, when appropriate, to contractual terms agreed upon separately. The buyer's conditions of purchase which differ from the ones stated here shall not be considered the purpose of this contract, not even after the order acceptance.
- Any other ancillary agreement to these conditions or subsequent amendments shall be always done in writing. Unless otherwise specifically agreed, the contract shall come into force by the acceptance in writing of an order to Quadpack.
- Quadpack reserves the rights of title and industrial and intellectual property regarding samples, quotations, drawings and similar information, whether in a physical form or not (also in electronic format). No third parties shall be allowed access to such information . Quadpack only permits access to confidential third party information and documentation with written authorisation from the buyer.
Conditions: The General Conditions of Sale
- Products: All the assets described in any kind of format, such as catalogues, Quadpack Website or similar, or which are included in an offer or quotation.
- Offers of Services: Options of services offered by Quadpack such as transport, technical assessment, administrative work or the like as described in any updated document published by Quadpack or available on Quadpack's website on the internet or in order confirmations.
- Designs and Tooling: All of the moulds, instruments, tools, designs, models, sketches, printing plates, screens, drawings or negatives (including their copyrights) provided by Quadpack shall be considered our property, unless otherwise agreed in writing between Quadpack and the Client. Without prejudice to the generality thereof, any mould, instrument or design which has not been used in more than three years shall be destroyed or otherwise eliminated at the company's discretion without generating any liability towards the Client.
Scope of Application
- These conditions exclude the application of any other conditions, except for those specifically agreed in writing with Quadpack. Also, in case of receiving sales conditions from the Client, the ones established by Quadpack shall prevail, unless specifically agreed otherwise in writing.
- All the product/service orders shall be considered a formal and legal commitment for the purchase of such products /services according to the present general terms and conditions.
- Quadpack accepts the Client's order according to these terms and conditions. The Client shall verify all the points included in such order confirmation and contact Quadpack within three working days in case there were any inaccuracies, mistakes or discrepancies. After such period and not having received any reply from the Client, the confirmation shall be considered accepted and the manufacturing and delivery of the product shall start according to the order confirmation, which shall be considered binding.
- Quadpack's quotations shall be valid only if they are an official quotation document and within 30 days from the date of such a quotation, unless otherwise agreed in a different document. The Quotation is not a commitment to supply and this can only be given by order confirmation from the Company once a full technical specification is agreed and signed together with the Client’s official order.
Price and Payment Terms
- Unless specifically agreed otherwise, prices are for Delivery Duty Paid (DDP in full - ie. delivery to a named place of destination). The applicable VAT at the time of issuing the invoice will be added to such prices.
- The price the Client shall pay is the one stated at the quotation, which shall be validated on the order confirmation and on Quadpack's invoice, errors and omissions excepted.
- When, at the Client's request, the deliveries were made under different terms or to different addresses, Quadpack may adjust the price as a result of such variations. For Countries where Quadpack does not have a legal entity the prices in this quotation will then be DAP (Delivered at named place) (DAP supersedes DAF, Delivery at Frontier).
- Quadpack will be able to adjust the prices as a consequence of changes in exchange rates with a +/- 5% fluctuation, tariffs, insurances, freights, acquisition costs and any other associated cost.
- The payment shall be made strictly in accordance with the conditions stated on the order confirmation and Quadpack may suspend the delivery of products until the receipt of the full payment. In the case that the payment is not made by the agreed due date, Quadpack will be entitled to: a) Demand the immediate payment of the outstanding amount. b) To charge the Client an interest rate of Euribor plus 4% for the outstanding amount. c) To reject any new purchase orders or even to cancel any order in the manufacturing process, without assuming any liability whatsoever. d) To retain undelivered purchase orders.
- In the case Quadpack should recover the amount owed due to the above-mentioned circumstances; all the costs of recovering the debt shall be paid by the Client.
Delivery/ stock contract
- The delivery date is the date on which the goods will arrive at the place stated on the order confirmation according to the INCOTERMS therein.
- In the case of delayed delivery the Company’s liability shall be dependent upon the point of the delay and the applicable INCOTERMS.
- If the delivery date is not met due to force majeure reasons, labour conflicts or other reasons outside Quadpack's sphere of influence, the delivery date shall be reasonably extended. Quadpack shall inform the buyer as soon as possible about the delay and the moment when such circumstances of the delay have ended.
- If the shipping or the reception of the goods was delayed for reasons attributable to the buyer, one month after the announcement of shipping availability, the Client shall be accountable for the stocking costs or other costs related to the delay.
- For all other delays the Company’s liability shall be defined according to the INCOTERMS.
- Any loss, mistake or damage in the product or in its packaging shall be written down on the delivery note.
- The Client shall be responsible for inspecting all goods within 7 days of receipt and issues reported in writing within 14 days after that.
- Due to the possible degradation of the materials used in our packaging we cannot accept any kind of claim submitted more than one year after delivery.
- For practical reasons, some deliveries might be a partial shipment and in such cases the Client will be informed.
- The tolerance level in the delivered quantities shall be as shown below:
Ownership and Risk
- The transfer of ownership of the products shall be produced once Quadpack has received the full payment of the price. The transfer of risk shall be related to the applicable regulations about INCOTERMS.
Reserve of title
- Until the full payment amount is received, Quadpack reserves the title of the delivery item.
- Quadpack may insure the delivery item to be delivered against theft and robbery, breakage, fire, water and other damages on behalf of the buyer, unless the buyer proves to have taken out insurance of its own.
- The buyer shall not pledge the delivery item or transfer it as a security until they are fully paid. In the event of seizure, confiscation or similar actions by third parties, the buyer shall inform Quadpack as soon as possible, as well as informing the seizing parties about Quadpack's reserve of title.
- In the event of contract breaches by the buyer, especially in the case of any default in payment, Quadpack shall be entitled to recover the delivery item after sending a warning, and the buyer shall be bound to return all items in full or shall be entitled to recover the amount outstanding through external parties if required.
- The filing of a bankruptcy procedure entitles Quadpack to terminate the contract and to demand the immediate return of the delivery item or to recover the amount outstanding through external parties if required.
- The buyer is entitled to sell the delivery item to third parties in the ordinary course of trade. However, the buyer hereby transfers to Quadpack all the credit claims up to the amount of the invoice value of the goods. Quadpack undertakes not to collect the credit claims as long as the buyer meets its payment obligations regarding Quadpack . Otherwise, Quadpack, after deciding an adequate deadline, shall be able to ask the buyer to disclose the transferred credit claims and the corresponding debtors, as well as all the information need to collect the payment, to hand the corresponding documents and to inform the debtors about the transfer.
- The Company’s guarantee is limited to materials and workmanship; the Client is responsible for compatibility testing and for determining suitability of use.
- The supplied products shall be manufactured by taking into consideration the drawings, specifications and samples approved by the Client and, of course, according to Quadpack's quality rules and protocols. In the event that different quality levels were needed, Quadpack and the Client shall agree them in writing before any orders are placed.
- Acceptable Quality Level (AQL)
As MIL-STD-105E is based on random sampling, a few defectives are considered acceptable. The AQL is the maximum percent defective that, for purposes of sampling inspection, can be considered satisfactory as a process average. Different AQLs may be designated for different defects such as critical, major and minor defects. Different AQL’s may be necessary for different products. The AQLs should be agreed upon between client, Quadpack and the manufacturer before the start of production. By default Quadpack works to the following AQL:
- Critical: 0.65
- Major: 1.50
- Minor: 4.00
- For all returns approved by Quadpack, the products must be available as agreed by Quadpack and the Client in time and place. The costs generated by the return shall be negotiated prior to the return.
- In the event that the Client, for its own interest or convenience, cancelled the purchase order, the Client is bound to compensate Quadpack for the full cost and the losses that such cancellation might have generated, including the loss of revenues, as the products manufactured cannot be sold to any third parties, because they have been manufactured according to the Client's technical specifications and completely meeting its needs.
Warranty, Material services and labour force.
- Quadpack shall replace the product in the case it is flawed, after an analysis and the approval from Quadpack's technical team, and it will not be liable for the deterioration of the product if it has not been correctly stored or handled according to the good practice identified for this kind of product.
- Quadpack's obligations shall depend on the Client making a good use of the product, and will not go beyond what is described in the technical specifications sheet for achieving a particular level of results. In all events, the Client shall be exclusively liable for carrying out the tests needed to obtain the product's desired compatibility and functionality with the matter or substance it shall contain, as well as to make sure it is adequate for the intended use and to fulfil the applicable regulations.
- Unless specifically stated in these terms and conditions, Quadpack shall not grant or assume any warranty, express or implicit, regarding the condition, quality, durability, behaviour or merchantability of the products, being such warranties hereby specifically excluded.
- None of the parties shall be liable for breaches due to circumstances escaping their reasonable control (force majeure cases), including but not limited to: strikes, terrorist attacks, transport, supply or manufacturing issues, exchange rate fluctuations, government actions, legislative changes or natural disasters. In such or similar cases, any of the parties shall have a reasonable extension of the deadline to meet its obligations. However, should the circumstance last longer than 60 days, both parties have the right to terminate the contract with no compensation, after sending prior notice in writing.
- From the moment the product is delivered at the premises decided by the Client (either its own premises or subcontractor's) the Client shall be liable for the products received from the Company, the public administration and any third parties. The Company’s liability is limited to the cost of replacement of the product supplied and not for any kind of consequential loss.
Personal data protection
- The personal data provided by Quadpack's Clients shall be included into data files under the responsibility of Quadpack, only with the purpose of performing actions related with their corporate purpose.
- Both parties shall treat the information received from the other party and considered confidential in the same way they treat their own confidential information, and, by all means, with a minimum degree of reasonable care.
Unless otherwise specified in writing, this agreement shall be governed and construed according to the laws of the place of incorporation of the seller (Quadpack). Therefore, in case of controversy the national law of the seller shall be applicable.
Place of fulfilment and jurisdiction
Unless otherwise specified in writing, any dispute, controversy or claim arising out of or related to this contract shall be settled by arbitration according to the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed according to the above-mentioned rules. The arbitration shall be made at the seller's domicile and in the English language. Regardless, the seller shall be entitled to, alternatively, present its own claims against the buyer at the courts of the seller's registered office.
The Client can find all the information regarding Quadpacks' policies, details and notices at: www.quadpack.com