Order Terms and Conditions
- PRECONDITION OF SALE OF PRODUCTS; SCOPE:
These terms and conditions of sale are Alpha Packaging’s offer to any potential customer. Purchase orders received from the customer to Alpha Packaging will constitute acceptance of these terms and conditions. All quotations are made and orders received subject to applicable rules of government agencies and are subject to final acceptance or confirmation by Alpha Packaging. These terms and conditions of sale are the only agreement binding on Alpha Packaging with respect to its sale of products to customer and they expressly supersede and exclude the application of any customer’s general terms of purchase as well as any other agreements, whether in writing or oral, issued prior to or after issuance of Alpha Packaging’s invoice for the products ordered, unless otherwise specifically agreed upon in a writing signed by an authorized representative of Alpha Packaging and then the terms will be varied only to the extent of that writing. Each separate order accepted by Alpha Packaging constitutes a separate contract, and there is no right to set off obligations incurred under one order against any claims related to another order.
- PLACING AN ORDER:
Alpha Packaging requires a written purchase order for all customer orders. Purchase orders must be in writing and may be faxed to Alpha Packaging Customer Service in St. Louis, Missouri at 314-427-5445. Notwithstanding any other provision in a purchase order, all purchase orders will be subject to these Terms and Conditions.
Unless otherwise stated by Alpha Packaging in writing, all domestic deliveries will be FOB (UCC terms) and all international deliveries will be Ex Works (Incoterms 2010) in either case from the Alpha Packaging facility producing the order in St. Louis, MO; Jacksonville, FL; Cleveland, OH; Bethlehem, PA; Salt Lake City, UT; Ypsilanti, MI; Surrey, British Columbia, Canada; or Roosendaal, The Netherlands. The customer should check with Alpha Packaging Customer Service in St. Louis, Missouri to determine which facility is producing the customer’s order. All risk of loss to products sold will pass to customer upon delivery to the carrier at the Alpha Packaging facility. Alpha Packaging will not be liable for any delay in the performance of orders or contracts or in the delivery or shipment of products or for any damages suffered by customer by reason of such delay unless it is caused by the gross negligence of Alpha Packaging. All export and import duties, fees, permits, licenses, etc. for products delivered outside of the country in which Alpha Packaging manufactured them will be the responsibility of customer. Alpha Packaging reserves the right to vary any shipment by up to 10% over, or 5% under, the ordered quantity. Alpha Packaging’s weights and measures will govern, except in case of proven error. Any product manufactured for a specific customer with a designated release date, including custom colors and stock items, will be shipped and invoiced the same month as the release date absent unusual circumstances. In situations where Alpha has agreed to prepay freight, that agreement assumes that the customer will order sufficient quantities and request adequate delivery dates to ship full truck loads. A full truck load consists of 30 pallets or 600 cases of standard Alpha Packaging blue or green cases or for bagged products, 28-30 pallet footprint single or double stacked. Where freight utilization in such situations is less than 100%, Alpha Packaging reserves the right to recoup the portion of its freight charges related to unutilized space by a corresponding increase of the invoiced products, and Alpha Packaging also reserves the right to requote or reprice future freight prepaid product orders where the volume ordered or delivery date requested will result in underutilized freight space. See Shipping Details below for additional information on shipping logistics.
Customer will be obligated to receive product within 30 days from latter of the order request date or date when the production order is completed at Alpha Packaging. If Customer does not arrange for transportation to ship the product during this timeframe; Alpha Packaging reserves the right to invoice Customer for the value of the product at that time or release the product to be sold elsewhere.
If after 45 days (from the latter of the order request date or production completion date) Customer still has not arranged for transportation, Customer will be contacted to either provide shipping details, or Alpha Packaging will invoice and ship the product at the Customer's expense.
If Customer does not pay invoices (related to the value of the product, movement to an external warehouse and/or storage at an external warehouse) and arrange for shipping within 60 from the latter of the order request date or date when the production order is completed, Alpha Packaging may at its discretion sell or dispose of the warehoused product.
Although Alpha Packaging publishes a price list that generally applies to the products ordered from it, Alpha Packaging reserves the right to alter prices for individual orders. Certain products or colors may fall below our minimum manufacturing requirement or require the assessment of additional charges. The standard charges, as shown below, may be in addition to those prices listed on the Alpha Price List. Please consult your Customer Service Representative for actual charges for your order.
Alpha's minimum order is $500.00 per shipping address. If the $500.00 figure is not met, a $75.00 processing fee will be added to the invoice.
Set up charge
There is a minimum $500.00 Set Up Charge to prepare and run samples from any unit cavity, prototype or private mold.
Alpha’s standard colors are listed below. For non-standard colors there may be an additional charge as indicated:
- HDPE: White and natural. For all other colors add 10% to the price list.
- Single Stage PET: Dark amber, light amber, clear, dark green, white, black and cobalt blue; for white, add 5%; for cobalt blue, dark green, black and all custom colors, add 10% to the price list.
- 2-Stage PET: Because of the limited colors of stock PET preforms, 2-stage PET bottles may be limited in colors or have minimum order requirements that exceed our standard minimums. Please check with your Alpha Sales Representative if you have questions about 2-Stage PET (Reheat and Blow) bottles.
Our price list specifies the standard colors for each item. There may be additional charges for other colors or additives (i.e. UV inhibitor).
Purge Charge for Colors or Additives
Custom colors or special additives require a minimum order of 10,000 pieces. For orders greater than 10,000 pieces but less than 25,000 pieces, customers will be charged a $500.00 purge charge per color or additive. For orders between 25,000 and 50,000 pieces, a $350.00 color purge charge will apply. For orders of 50,000 or more pieces in a custom color or special resin, Alpha will waive the purge charge. Standard colors for all items are listed in Alpha’s Price List.
Special Resins, including Post Consumer Resins (PCR), and Surface Treating
Non-standard resins, including Post-Consumer PET or HDPE, bioresins and resins with bio-degradable additives, require a minimum order of 50,000 pieces and may require an investment in new base plates to designate the resin code. Bottles made from PCR and other special resins are made to order (not stocked) and may include resin surcharges and purge charges. Please ask for a quotation from your Sales Representative based on current pricing for special resins.
Beginning October 1, 2013, all new requests for Flame and Lectro Treating will be approved by exception only; and will accompany an application fee dependent on the order quantity and the size of the container. Existing business with surface treatment requirements will continue to be honored at the current price levels until further notice. Prices are also subject to adjustments for changes in raw materials directly incurred by Alpha Packaging between the date of a purchase order and the date on which such materials are utilized by Alpha Packaging fulfilling the purchase order.
- TERMS OF PAYMENT:
Customer will make payments to Alpha Packaging without discount within 30 days after date of invoice for all domestic shipments, provided that for new accounts, if a first order is $5,000 or less, the first order must be paid for in advance, preferably with a Credit Card (MasterCard or Visa). International shipments must be paid by wire transfer at the time of order, unless other arrangements have been agreed to by Alpha Packaging. All invoices past 30 days will be subject to a 1.5% interest charge per month until paid in full, or at the highest rate allowed by applicable law if lower. Except for customers whose account activity is less than $10,000 per month, payments for domestic shipments must be made by check addressed to:
9099 Paysphere Circle
Chicago, IL 60674
Customers whose account activity is less than $10,000 per month may pay by credit card (MasterCard or Visa) at the time the order is placed. Contact Alpha Packaging Customer Service in St. Louis Missouri at 800-421-4772 for bank details if remitting by wire transfer.
If payment is not made as provided herein, or if customer’s financial responsibility becomes unsatisfactory to Alpha Packaging, Alpha Packaging may, at its option, elect any one or any combination of the following remedies (1) withhold future deliveries of goods to customer until a failure has been cured or customer's financial responsibility has been established to Alpha Packaging’s satisfaction; (2) require payment in advance as to future deliveries; (3) demand and receive return from customer of any goods under this or any other invoice for which payment has not been made; (4) transfer to its general stock, scrap, or resell for any prices and on any terms Alpha Packaging may choose any undelivered product for which Alpha Packaging has not been paid, and (5) cancel its acceptance of the order. The remedies contained in this paragraph are not exclusive and will be in addition to any other remedies available to Alpha Packaging under applicable law.
Within (60) days after customer’s receipt of products, customer must give written notice to Alpha Packaging of any claim by customer based upon condition, quality or grade of products or of any claimed nonconformity with customer's specifications. Customer’s failure to comply with this policy will constitute irrevocable acceptance by customer of such products and will bind customer to pay Alpha Packaging for the full price of such products. Accepted products may not be returned for any reason without Alpha Packaging’s written consent. Requests for authorizations should be directed to Alpha Packaging Customer Service by fax at 314-427-5445.
- CANCELLATION /CHANGES:
Upon receipt of a customer’s purchase order signifying their intent to pay for goods rendered, Alpha Packaging may begin activities to produce the ordered product. Customer may not cancel or change an order placed with and accepted by Alpha Packaging once production has started on the order or, for orders involving custom colors or special resins, once the special resin or colorant has been ordered except with the prior written consent of Alpha Packaging and with terms that indemnify Alpha Packaging against any loss or damage. All cancellation/change requests must be in writing and faxed to Alpha Packaging Customer Service at 314-427-5445. Upon receipt of your request Alpha Packaging will endeavor to respond in writing within 3 business days.
All taxes, charges and other levies imposed by federal, state or local government on the manufacture, sale, shipment or use of Alpha Packaging products (other than income and excess profit taxes) will be paid by the customer.
- WARRANTY AND LIABILITIES:
Alpha Packaging warrants it has title to products delivered hereunder and may properly sell the same to customer and that such products will conform to Alpha Packaging’s product specifications. Alpha Packaging MAKES NO OTHER WARRANTY OR REPRESENTATION, EXPRESSED OR IMPLIED, CONCERNING THE PRODUCT OR THE MERCHANTABILITY OR FITNESS THEREOF FOR ANY PURPOSE. Alpha Packaging will not be liable for special, indirect or consequential damages of any kind under for its provision of products to the customer, whether or not caused by negligence, and assumes no risk whatsoever as to the result of the use of product either singly or in combination with other material. Customer assumes the responsibility to analyze Alpha Packaging product and to test customer’s product compatibility and performance with Alpha Packaging products, and Alpha Packaging will have no liability for the consequences of customer using products that are not compatible. Any Alpha Packaging recommendations or suggestions regarding end uses and methods of use are offered only as recommendations based upon industry experience, and do not constitute a guarantee of performance with any product or package.
Notwithstanding anything to the contrary herein, the customer will be responsible to notify Alpha Packaging promptly and no later than sixty (60) business days after the receipt of any product of any questions as to any failure of the product to comply with the product specifications. Customer represents that it is familiar with the characteristics of the products it purchases from Alpha Packaging and assumes all responsibility and liability for and will indemnify and hold Alpha Packaging harmless from any and all loss or injury to persons or property arising out of handling, use or possession of product delivered to it. CUSTOMER PROSPECTIVELY WAIVES AND AGREES NOT TO ASSERT ANY CLAIM OF ANY KIND, WHETHER BASED ON DELIVERY OR NON-DELIVERY OF PRODUCT OR ON TORT (E.G. NEGLIGENCE OR STRICT LIABILITY) THAT IS GREATER IN AMOUNT THAN THE PURCHASE PRICE OF THE QUANTITY OF PRODUCT TO WHICH SUCH CLAIM RELATES.
- INTELLECTUAL PROPERTY RIGHTS:
AAlpha Packaging has no knowledge of customer’s intended uses but has provided products based solely upon information furnished to Alpha Packaging by the customer. Alpha Packaging makes no representations or warranties to the customer regarding any infringement of intellectual property rights (or the absence thereof) resulting from the use of the Products. Alpha Packaging reserves all intellectual property rights it may have in the products. All intellectual property rights with respect to any design and/or invention conceived or first reduced to practice, by Alpha Packaging in connection with Alpha Packaging products will remain the property of Alpha Packaging. All drawings, illustrations, dimensions, specifications performance projections, designs, plans, computations, and descriptions prepared by Alpha Packaging in connection with any work quotations, or contracts, whether of products or general engineering or other arrangements are Alpha Packaging property and must not be copied or disclosed to any other persons or used for any purpose whatsoever without Alpha Packaging's prior written consent.
Any waiver by the parties of strict conformance with any of the terms and conditions of this Agreement will not be a waiver of any subsequent failure to comply with such terms and conditions.
- ENTIRETY OF CONTRACT:
This Agreement and attachments contain the entire understanding between the parties, and supersede any other understanding arrangements whether oral or written except for any written agreement between customer and Alpha Packaging which refers to this section 12 and specifies those portions of this Agreement which are subordinate to any such written agreement.
This Agreement will not be assigned by customer without prior written consent of Alpha Packaging.
- FORCE MAJEURE:
Neither party will be liable for any failure or delay in performance hereunder which may be due, in whole in part, to fire, explosion, strike or labor difficulty, accident, breakdown of machinery or equipment, curtailment in the supply of natural gas, whether pursuant to actions or proceedings already or hereafter commenced, inability to obtain power, labor or materials from normal sources of supply, transportation or handling accidents or delays, act of God, act, order, regulation or request of government or other public authorities, war, riot, or civil disorder or any other cause or causes, of any nature beyond the control of the party affected. In the event of curtailment of supply of product due to any causes, Alpha Packaging will have the right to apportion deliveries of product on such basis as may appear to it to be equitable. Any accepted order which, due to any such causes will not have been filed by the end of Agreement term, may be cancel either party with respect to product not then delivered.
- GOVERNING LAW:
This Agreement will be governed by and construed under laws of the State of Missouri.
Shipping and Packing Details
Alpha uses a variety of stock carton sizes depending on the size and weight of the bottles being packed; please consult with Alpha Customer Service to determine the size and weight of the cartons if you have questions.
Due to limited dock space, all carriers are required to call in advance to establish a dock appointment. We recommend calling 24 hours in advance of the shipment. Our normal shipping hours are: Monday - Friday 8:00 A.M. to 4:30 P.M. local time.
Orders shipping from our St. Louis manufacturing plant will be available at:
1555 Page Industrial Blvd.
St. Louis, Missouri 63132
Orders shipping from our Jacksonville manufacturing plant will be available at:
1550 North Ellis Road
Jacksonville, Florida 32254
Orders shipping from our Bethlehem manufacturing plant will be available at:
1995 Highland Ave, Suite 500
Bethlehem, Pennsylvania 18020-9081
Orders shipping from our Cleveland manufacturing plant will be available at:
14801 Emery Avenue
Cleveland, Ohio 44135
Orders shipping from our Salt Lake City manufacturing plant will be available at:
2041 South 5070 West
Salt Lake City, Utah 84104
Orders shipping from our Ypsilanti manufacturing plant will be available at:
1236 Watson Avenue
Ypsilanti, Michigan 48198
Orders shipped from our Redlands warehouse will be available at:
1811 W. Park Avenue
Redlands, California 92373
Orders shipping from our Surrey, British Columbia, manufacturing plant will be available at:
Unit #102 – 2330 190th Street
Surrey, BC V3S 3W7
Orders shipping from our Technigraph container decorating facility will be available at:
850 West Third Street
Winona, Minnesota 55987
Orders shipping from our Roosendaal manufacturing plant will be available at:
Vaartveld 4 B
Roosendaal, The Netherlands 4704 SE
Tel: 31 (0) 16 5537930
All pallets will be billed at the rate of $8.00 each, unless otherwise stated in writing by your Alpha Sales Representative, prior to ordering.
- 15 Cartons Per Pallet
- 150 cases on a 20 ft container
- 300 cases on a 40 ft container
Freight Classification =125 Harmonized Tariff Classification 3923.30.0000 Carboys, Bottles
Alpha has three primary methods of packaging our bottles:
- Tumble Pack – bottles are randomly packed in the carton
- Stack Pack – bottles are placed in the carton in rows and layers
- Bagging– bottles are packed in single layers in plastic bags, stacked pallet-high and shrinkwrapped. Bagging is only available for certain sizes of bottles. Speak to your Sales Representative for details.
Orders requesting deviations from standard packing are subject to a 10% upcharge to cover the additional labor cost. Please consult our Product Listing to see how each item is packed.
Any customer desiring to return product to Alpha Packaging, please contact your Customer Service Representative for a Returned Goods Authorization (RGA) number and instructions. A customer will need prior authorization before any claim or credit will be considered. Consistent with the Terms and Conditions of Sale above, Alpha is responsible for replacement of bottles only once it is determined that they are not within specification or an acceptable quality level.
If a return is for reasons other than a quality concern, approval to return will be required based on if the product is a stock or made-to-order product. If the product is a stock product, the customer is responsible for the freight to the original FOB point and Alpha will charge a 20% restocking fee if the product is returned in sellable condition. If the product needs to be repackaged, an additional 20% fee will be assigned. Made-to-order product may be considered for return if other commercial outlets are available. If options are identified, product may be returned but may be subject to return charges similar to those listed above for stock products.
We kindly ask that customers speak with our Customer Service Department prior to issuing debit memos to Alpha. This should be done within 30 days of delivery. We can then determine if a debit memo is the best course of action to be taken. Please make sure to receive a Returned Goods Authorization number for a debit memo from Customer Service.
FDA Approved Resins
Alpha uses only FDA approved resins in the manufacture of our bottles. Please contact your Sales Representative for information on resin options, or to request resin specifications.
Raw Materials – Resins and Colorants
Alpha keeps on hand numerous kinds of resins and colorants which we designate as stock materials. Unless a different resin or colorant is specifically requested on the customer’s purchase order, Alpha will produce bottles using our stock materials. Stock materials can change periodically, and it is the customer's responsibility to ask for the current resin or colorant specifications.
Certificates of Analysis
Requests for Certificates of Analysis, other documentation, marking, or alternate product specifications, must be made in writing at the time of order.
Heavy Gram Bottles
Heavy Gram Weight bottles in both HDPE and PET are available in some sizes, for an upcharge. Please contact your Alpha Representative for pricing and specifications.
Please call, fax or e-mail your Customer Service Representative, or use our convenient online form to request samples of stock items and standard colors. Alpha will usually ship your request within two working days by UPS Ground or US Mail. If overnight delivery is required, please provide your UPS or Federal Express account number for billing; we will try to ship all overnight and second-day service requests on the day they are received if the order arrives before noon CST. Sample requests received after noon CST, requests exceeding 24 pieces, and requests for items that are currently out of stock cannot be guaranteed to ship on the same day even when a shipping number is provided. Alpha reserves the right to substitute similar bottles and colors when we do not have the exact item requested by the customer. Customers who cannot accept reasonable substitutions should indicate that substitutions are not acceptable in the "Comments" field on the sample request form. Alpha also reserves the right to limit the number of bottles based on available sample room inventory and bottle size.
Pro forma Invoices
We regret that we cannot issue a Pro forma invoice without a written customer purchase order. The purchase order must show:
- Company Name
- Shipping Address
- Items Ordered
- Certificate Requests or Special Handling or Marking Requirements.
Pro forma invoices are valid for 10 days from the date of issue.
Should you have questions or comments about our products or our company please contact your Customer Service Representative.
Tel: 800-421-4772 or 314-427-4300
* Alpha Packaging is the trade name used by Alpha Plastics, Inc., a Missouri corporation and each of its affiliates including Alpha Packaging (Michigan) Inc., Alpha Plastics of Utah LLC, Alpha Packaging (North East) Inc., Alpha Packaging (Minnesota) Inc., Progressive Plastics, Inc., Vanga Products (Plastics), Inc., and Alpha Packaging B.V. These terms are applicable to any sale of products from Alpha Plastics, Inc. or from any affiliate of Alpha Plastics, Inc.