Terms of Sale
1. ACCEPTANCE OF ORDERS
Orders are accepted via online shopping cart ONLY. Customer confirmation is final, but orders can be changed or cancelled by the customer with fees (see 18. RETURN OF MERCHANDISE). To ensure efficient processing and delivery, each order is limited to a maximum of 20 different products (i.e., SKUs). Orders exceeding this limit will require modification to comply with this policy.
2. PRICE AND AVAILABILITY
8 NET Inc. strives to maintain prices at the lowest level. Occasionally, prices change due to circumstances beyond our control. Prices and availabilities of products are not guaranteed and are subject to change without notice. 8 NET Inc. reserves the right to correct any and all errors, inaccuracies or omissions and to change or update information at any time without prior notice. Prices listed do not include shipping charges, handling fees, taxes and/or duties or special crating requirements for export shipments. Customers who claim exemption from taxes or duties are responsible for providing 8 NET Inc. with the necessary documentation at the time of purchase, otherwise the necessary taxes or duties will be added to their order.
3. QUOTATIONS
Quotations are subject to 8 NET Inc.’s inventory availability and are not guaranteed for any length of time. Verbal agreements will not be recognized.
4. TERMS OF PAYMENT
Terms of payment shall be in accordance with 8 NET Inc.’s invoice or applicable published sales confirmation agreement. All 8NET.com customers are, by default, set to credit card payment method only. However, customers with monthly purchases exceeding $10,000 have the option to apply for a different payment term, subject to approval. To apply, please download the new customer application form here and the credit application form here, and send the completed forms to order@8net.com.
5. DELIVERY
Free on Board (FOB) points, freight allowances, and other transportation arrangements applicable to individual sales shall be as set forth in 8 NET Inc.’s published sales policy statements. 8 NET Inc. will not consider claims for errors, damages or shortages in shipments unless notified in writing within seven (7) days of the date of shipment and accompanied by documents sufficient to substantiate the claim.
6. SHIPMENT
Shipping dates and times are approximate, not guaranteed. 8 NET Inc. is not liable for delays in delivery or failure to manufacture or deliver due to causes beyond its reasonable control, including but not limited to, acts of God, acts of the Customer, fires, strikes, floods, riots, wars, delays in transportation, and the inability to obtain the necessary labor, materials or components. In the event of any such delays, the date of delivery shall be extended for a period equal to the time lost by reason of such delays. If delivery becomes impossible, 8 NET Inc. shall have the right to cancel the contract without further liability to the Customer. Cancellation of any part of this order shall not affect 8 NET Inc.’s right to obtain payment for any product delivered hereunder. On any order for release against an order for goods, 8 NET Inc. reserves the right to ship and invoice for a quantity on the individual release and the Customer shall accept delivery and pay for such a revised quantity and consider the shipment to be complete. Shipping services are available for commercial addresses. For residential address delivery, please contact us prior to placing the order and we will verify if we can make the delivery. Additional fees may apply for residential deliveries or deliveries with special requirements.
7. PRODUCT IMAGES
All product images, including but not limited to, those used in catalogs, websites, signs, displays, price lists, and advertisements are for illustrative purposes only. Actual product appearances may vary.
8. WARRANTIES
Certain material handling and warehouse supplies (e.g., machinery, pallet trucks) may be covered by a manufacturer warranty, as outlined in the 'Additional Information' section of the relevant product listing or as otherwise clarified by our Customer Service Representatives. In the absence of such specification in the 'Additional Information' section, 8 NET Inc. disclaims any adoption or rectification of manufacturer warranties, whether express or implied, and shall bear no liability thereunder. Customers are advised to consult with our Customer Service Representatives for details regarding product-specific warranty coverage.
9. LIMITATION OF LIABILITY
8 NET Inc.’s liability of any claim of any kind, including negligence, for any loss or damage arising out of, connected with, or resulting from this contract, or from the performance or breach thereof, or from the sale, delivery, resale or use of any product covered by or furnished under this contract, shall in no case exceed the price of the product or part thereof which gives rise to the claim.
IN NO EVENT SHALL 8 NET Inc. BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR DAMAGES IN THE NATURE OF PENALTIES. 8 NET Inc. shall not be liable for delay or failure to perform due to causes beyond its control.
10. INDEMNIFICATION AND WAIVER
Customer agrees to indemnify and hold harmless 8 NET Inc. of and from any and all claims or liabilities asserted against 8 NET Inc. in connection with the sale, delivery, resale or use of any product covered by or furnished under this contract, arising in whole or in part of the failure of Customer, its agents, employees or other partners to follow instructions, warnings or recommendations furnished by 8 NET Inc. in connection with such product, or by reason of the negligence of the Customer, its agents, employees or partners. Customer hereby waives and releases 8 NET Inc. from all rights of contribution or indemnity to which it may otherwise be entitled.
11. TAXES
8 NET Inc. requires the Customer to provide a valid resale certificate prior to their first order. If a Customer cannot provide a valid resale certificate, liability for all taxes and import or export duties, imposed by any city, federal or other governmental levies, shall be assumed and paid by Customer. Customer further agrees to indemnify 8 NET Inc. against any and all liabilities for such taxes or duties and legal fees or costs incurred by 8 NET Inc. in connection therewith.
12. QUALITY CONTROL AND PRODUCT INSPECTION
8 NET Inc. shall make every effort to verify product prior to shipment, however Customer shall inspect upon arrival, including the specific ITEM AND QUANTITY received before using any portion of the order. The Customer should reject merchandise upon delivery if any shortages, errors, or damage has occurred. Claims for the shortage, errors, damage must be made before the item is opened or used. 8 NET Inc. is not responsible for Customer errors in purchase or usage.
13. CUSTOM ORDERS
All custom orders are received subject to acceptance by 8 NET Inc. and are not subject to change or cancellation by the Customer. Prices quoted are based upon freight rates and fuel surcharges in effect at the time of quotation, and any advances will be on account of the Customer. All trade customs apply.
A will call (in-person pick-up) option is available to local Customers. Customers may schedule a will call pickup at 8 NET Inc's warehouse, with a minimum of two hours’ lead time after the time of scheduling. Please note that will call orders can be picked up from Monday to Friday, 9:00 a.m. to 5:30 p.m.. Will call orders placed before 4:01 pm may be scheduled for pick-up on the same day, depending on factors such as warehouse staff availability and volume of will call orders. Will call orders placed after 4:00 pm will be scheduled for the next business day automatically. Will call (Pick-up) orders not picked up within seven (7) business days of scheduled date will be cancelled, and a 20% restocking fee (Minimum $25) will be applied.
For Our Packaging Supply Products: Free Same-Day delivery is available for orders of $250 or more, made by 10am, and within 10 miles (driving distance) of 8 NET Inc. An additional $25 handling fee charge will apply for orders below $100. Free delivery is available for orders of:
$250 & within 10 miles (driving distance) of 8 NET Inc. (91748), or a surcharge up to $75 will apply;
$500 & within 20 miles (driving distance) of 8 NET Inc. (91748), or a surcharge up to $100 will apply;
$1000 & within 30 miles (driving distance) of 8 NET Inc. (91748), or a surcharge up to $150 will apply;
$2,000 & within 40 miles (driving distance) of 8 NET Inc. (91748), or a surcharge up to $250 will apply;
$3,000 & within 50 miles (driving distance) of 8 NET Inc. (91748), or a surcharge up to $300 will apply.
For Our Commercial Printing Paper Products: All commercial printing orders must meet a minimum of $500 for delivery within 20 miles (driving distance) of 8 NET Inc.‘s listed address or $250 for will call, or a $50 handling charge will be applied. Free delivery is available for orders of:
$500 & within 10 miles (driving distance) of 8 NET Inc. (91748), or a surcharge up to $75 will apply;
$1,000 & within 20 miles (driving distance) of 8 NET Inc. (91748), or a surcharge up to $100 will apply;
$2,500 & within 30 miles (driving distance) of 8 NET Inc.(91748), or a surcharge up to $200 will apply;
$5,000 & within 40 miles (driving distance) of 8 NET Inc. (91748), or a surcharge up to $300 will apply;.
Please note that same-day delivery is subject to availability and may not be guaranteed for orders delivered to locations over 10 miles (driving distance), for example due to unexpected order volume.
Please note that the actual driving distance is calculated based on interstate highway routes, as 8 NET Inc. utilizes commercial trucks for its deliveries to Customers
Due to increased operational costs, additional surcharges or higher order minimums may apply for orders that are beyond a 40-mile (driving distance) radius or otherwise outside our delivery area. Please contact us for a quote before placing the order. 8 NET Inc. reserves the right to correct any errors or omissions and to change or update information at any time without prior notice.
8 NET Inc.’s Reward Points Program enables Customers to earn points on all purchases and redeem those points for exclusive Rewards. Customers must have a registered account with sufficient points available at the time of redemption for 8 NET Inc. Reward offers. For every dollar spent on 8 NET Inc. packaging supply products at www.8net.com, Customers receive 1 Reward Point when checking out with the registered account. For every dollar spent on commercial printing paper products at www.8net.com, Customers receive 0.5 Reward Points. Reward offers are limited, while supplies last, and provided on a first-come, first-served basis, and availability of certain Rewards may change without prior notice.
Customers must spend a minimum of $250 per order (before tax & shipping charges) to earn Reward Points, and Customers cannot redeem Points for more than the total amount of the purchase. Points are not redeemable for cash. All unredeemed points EXPIRE when Customers have not engaged in purchases or point activity for 12 MONTHS OR MORE. 8 NET Inc. reserves the right to modify, cancel, and limit any promotion or offer. 8 NET Inc. reserves the right of final interpretation for this Reward Points program.
17. ORDER REVISION
8 NET Inc. reserves the right to modify, cancel, and limit any promotion or offer. 8 NET Inc. reserves the right of final interpretation for this Reward Points program., a minimum of $50 handling fee will apply per order. Order revisions will not be available for the orders that have already been prepared or shipped.
If the order revision is initiated by 8 NET Inc., no surcharge will be applied. 8 NET Inc. will only accept order revision requests submitted by the Customer via email.
18. RETURN OF MERCHANDISE
No merchandise will be accepted for return and/or credit without prior consent of 8 NET Inc. All the following conditions must be met before any consideration will be given for a return and/or credit of the merchandise: A) Customer must notify 8 NET Inc. of the return in writing within seven (7) days of invoice and items must be returned within thirty (30) days. B) All returned merchandise must be clearly labeled with an Return Merchandise Authorization (RMA) number issued by 8 NET Inc. C) All returned goods must be in original packaging and in a resaleable condition. D) All authorized returns are subject to a 20% restocking charge (Minimum $25). Customers will be responsible for shipping and transportation costs for all returns.
19. GOVERNING LAW
This agreement has been negotiated and executed in the State of California and shall in all respects be interpreted, enforced and governed in accordance with the laws of the State of California. Each party hereto agrees that any action to enforce this agreement or any rights hereunder must be brought in a Court within the County of Los Angeles and no other Court.
20. ATTORNEYS’ FEES
Should suit be brought to enforce or interpret any part of this Agreement, the “prevailing party” shall be entitled to recover as an element of costs of suit and not as damages, reasonable attorneys’ fees to be fixed by the Court. The “prevailing party” shall be the party entitled to recover his costs of suit, regardless of whether such suit proceeds to final judgment. A party not entitled to recover his costs shall not be entitled to recover attorneys’ fees. No sum for attorneys’ fees shall be counted in calculating the amount of a judgment for the purposes of determining if a party is entitled to recover costs of attorneys’ fees.
21. ENTIRE AGREEMENT
This agreement constitutes the entire contract of sale and purchase of the products named herein. No modifications of this contract shall be binding upon 8 NET Inc. unless in writing and signed by 8 NET Inc., and no modification shall be affected by 8 NET Inc.’s acknowledgement or acceptance of Customer’s purchase order forms containing a different provision. Trade usage shall be neither applicable nor relevant to this agreement, nor shall it be used in any manner whatsoever to explain, qualify, or supplement any of the provisions hereof.