Terms & Conditions

1. All sales are made in accordance with these terms and conditions of Mountain States Plastics, Inc. (“Mountain States Plastics”). No other terms and conditions shall be binding upon Mountain States Plastics unless accepted by it in writing signed by its authorized representative.
2. Mountain States Plastics shall not be liable for any damages or delays in delivery or inability to perform due to strikes, accidents, failures of raw material supply, the orders or acts of the U.S. Government, or any state or local government, body or agency, acts of God and other causes beyond its control.
3. Buyer shall notify Mountain States Plastics in writing within five days of receipt of this invoice of any errors, inaccuracies or disputes regarding the specifications or quantities of goods contained on the invoice. If no such notice is received by Mountain States Plastics, Mountain States Plastics shall be entitled to rely on said specifications and quantities
4. The waiver by Mountain States Plastics of any term or condition shall not preclude Mountain States Plastics from insisting upon full compliance with these terms and conditions at any other time.
5. Cancellation of orders can be accepted only if the order is not in actual production or have been produced.
6. Unless otherwise specified by separate contract, written notice or agreement:
7. All shipments and deliveries shall be FOB Mountain States Plastics’ place of business. Title and Risk of loss in all goods sold hereunder shall pass to Buyer upon delivery to carrier at shipping point.
8. Mountain States Plastics’ standard terms are net 30 days from date of shipment. Any taxes or charges which Mountain States Plastics may be required to pay or collect under any existing or future law upon or applicable to the sale, purchase, manufacture of processing, transportation, delivery, storage, use or consumption of any of the goods covered by this order shall be charged to and paid by the Buyer in addition to the purchase price.
9. If the financial responsibility of Buyer becomes impaired or unsatisfactory to Mountain States Plastics, advance payment or satisfactory security shall be given by Buyer upon demand, and shipments may be withheld until such payment or security is received.
10. Time is of the essence in this contract.
11. Finance charge on past due accounts is 1.5% per month (18% per annum).
12. In the event of breach of any term or condition of this Agreement by Buyer, in addition to such other rights and remedies as may be provided by law, Mountain States Plastics shall be entitled to recover from Buyer its cost and attorney’s fees incurred in the enforcement of this Agreement.
13. The validity and interpretation of this Agreement shall be governed by the laws of the State of Colorado. Buyer hereby submits to the jurisdiction to the Courts of the State of Colorado and all matters regarding judicial enforcement or interpretation of this Agreement.
14. If any of this Agreement is unenforceable, the remaining provision shall nevertheless remain in full force and effect.

MOUNTAIN STATES PLASTICS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR AS TO THE FITNESS OF THE GOODS FOR ANY PARTICULAR PURPOSE OR USE EXCEPT THAT SUCH GOODS ARE OF MOUNTAIN STATES PLASTICS STANDARD QUALITY. IN NO EVENT SHALL MOUNTAIN STATES PLASTICS BE LIABLE FOR ANY LOSS, DAMAGE, OR CONSEQUENTIAL DAMAGE DIRECTLY OR INDIRECTLY ARISING FROM THE USE OF SUCH GOODS.