Terms & Conditions – Disclaimer

Last updated: 08-27-2018

NOTICE: We have a new address. We are no longer located in Bridgeport, Connecticut.

OUR CORRECT ADDRESS IS: Modern Plastics, 88 Long Hill Cross Road, Shelton, Connecticut 06484 USA.

 

NOTICE – Our terms (Modern Plastics)  and conditions supersede any and all customer (YOUR) purchase order terms and conditions whether written or verbally expressed. Please read our terms and conditions before issuing a purchase order with us or otherwise purchasing materials and/or services from Modern Plastics.

Disclaimer Information
The information presented here on this website or through contact with our sales representatives is of a general nature and should not be relied upon other than for preliminary material application selection and purchase information. While it is our objective to provide the most current, up-to-date and reliable information to you, Modern Plastics makes no representation as to the accuracy of the information or any claims, warranty, merchantability, or suitability of any material for use in any application.

Furthermore, the information contained herein or as supplied by our sales representatives is not to be construed as a warranty of representation for which we assume legal responsibility. Users should undertake sufficient verification and testing to determine the suitability for their own particular purpose of any information or products or advice provided by our sales representatives. NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS MADE. Nothing herein is to be taken as permission, inducement, or recommendation to produce any patented invention without a license.

Terms of Sale
Modern Plastics policy will grant an immediate $500.00 temporary credit-line to established companies (provide Federal ID#) immediately to help expedite first-time orders. All necessary credit application paperwork and State tax resale (tax forms must be on file at Modern Plastics before orders ship or we will assess the current tax rate) forms must be completed, signed and returned to Modern Plastics for processing to establish higher credit lines and Net-30 terms.

National companies, Government agencies and large, established businesses that may require higher initial “first-buy” credit limits, can have this arranged for “same day order placement” to help expedite quick turn-around of your order. Under certain circumstances (custom cut-to-size orders, custom fabrication, special order items), cash deposits, money orders, electronic cash transfers, and/or credit card payments may be required in order to expedite your shipment. Modern Plastics can also arrange for C.O.D. shipments.

We accept MasterCard, Visa Card, and American Express. Credit Card Billing Authorization Forms are typically faxed or e-mailed to customers to expedite the shipping process. Special order items, custom order items, custom fabricated items or non-returnable items may require payment in full prior to shipping or 50% deposits prior to shipping.

International Sales
Please send your requests for quotes and orders via e-mail (instead of faxing) to: customerservice@modernplastics.com. Modern Plastics accepts wire transfers directly to our bank account. Please contact Chris Acosta for bank account information and ABA#. Include your Modern Plastics salesperson’s contact name and your PO# number in any correspondence for payment.

Purchases that exceed $5,000 US Dollars, must provide a Bank Letter of Credit.

Prices quoted for freight do not include duties and taxes. Modern Plastics utilizes “plastic skids” (no wood skids are used) conforming to International Shipping Standards. Any international sale that requires materials to be packaged on a skid platform will be assessed the appropriate fee for the cost of the plastic skid(s).

Please include the name and contact information of the freight company you would like us to ship your order, and if billing is directly to your company, we will need your billing account number to charge the freight. Otherwise, shipping costs will need to be wired to Modern Plastics in advance. Note: a fee will apply for all “heat-treated” skids.

All sales, service, shipping, accounting and other personnel that may be involved in export shall be familiar with and review regularly the Modern Plastics Export Management System (EMS) to ensure compliance with government regulations. Particular attention should be taken when releasing technical information to foreign nationals, whether abroad or in the United States, in electronic transmission of data/software and when hand carrying exports.

Under no circumstances shall Modern Plastics personnel sell or ship any product contrary to United States export laws or shall these laws be compromised for personal gain. Neither sales nor shipments are to be made to any individual or firm appearing in the Denied Parties Lists or to any firms owned by or associated with the individuals of firms therein listed. Also, no orders or shipments are to be made to any country subject to economic or trade sanctions imposed by the U.S. unless otherwise authorized by U.S. law. Failure to comply with these regulations may result in the imposition of criminal and/or civil fines and penalties, including incarceration for individuals and suspension of export privileges for Modern Plastics.

As a result, we need to be vigilant in screening our customers and transactions. It is, therefore, more important than ever that the “Know Your Customer” guidelines are understood and implemented in order that Modern Plastics can meet the required “know” standard.

In particular, no transaction can be made when dealing with individuals, companies and countries involved with the proliferation of nuclear missile and chemical/biological related processes and/or weapons without a license from the Department of Commerce.

Non-compliance or possible non-compliance with any of the export laws and regulations that becomes known to any Modern Plastics employee shall be immediately reported to the President of Modern Plastics.

Conditions of Sales
All products are warranted by the manufacturer only. MODERN PLASTICS DOES NOT WARRANT SPECIFICATIONS, TOLERANCES, SUITABILITY, MERCHANTABILITY, FITNESS OR ANY OTHER ASPECT OF ANY PRODUCT. In the event of product defect or failure, Modern Plastics liability shall not exceed the cost of the product when purchased from Modern Plastics, by a customer. It should be noted that “labor” or other incidental costs, are never warranted by Modern Plastics or its manufacturers, in the event of product failure. IN NO CASE SHALL MODERN PLASTICS BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, EVENT IF IT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.

Certifications
Modern Plastics certifies that the material supplied meets the minimum specifications listed below. Materials are certified to the most current ASTM, Military, Federal or other compliance facilities available. Complete and detailed spec sheets for all materials are available to customers for a nominal fee.

Quality Control
To insure material integrity, Modern Plastics employs computer bar-coding technology on all of its products. All incoming and outgoing materials are bar-coded to verify that the materials you order are exactly what you receive. Material traceability to the original manufacturer can be provided on most shipments.

Ordering Criteria
Unless it is Modern Plastics error, all cut-to-size orders, special order items and fabrication orders are final sale.

Tolerances
All products are produced to standard commercial specifications and tolerances. The manufacturer warrants any defects or variances in specification. Our liabilities are limited to the cost of the defective material only (no labor or machining costs). Our standard cutting tolerance is +/-.062 (1/16″ inch).

Medical Plastics Materials
Please note that, unless specified through a written and signed document between seller and buyer, no material sold as “medical” or any other such plastic materials shall be used for permanent implant(s). A written signed “contract” of terms and conditions for the sales of “VESTAKEEP®” product must be returned to Modern Plastics before the product can ship. Modern Plastics does not assume any liability whatsoever for those materials sold in which the buyer intends to use our plastic products as a permanent implantable materials – despite any private testing, advice, recommendations or information supplied from any source.

See specific terms and conditions for the sale of “implantable” medical grade plastics.

Please contact Vince Griffin for further information at vgriffin@modernplastics.com or 203.333.3128, Ext 205.

Damaged Shipments
If a shipment appears damaged, it should be noted by the carrier on the carrier’s receipt. Inspect material prior to receiving or picking up in our Retail Stores before you sign for its acceptance. Claims for concealed damage on shipments must be filed with the carrier. It is advised that you retain all packing materials, cartons, and/or pictures of the damaged shipment for your claim. All shipments are shipped FOB SHELTON, CT (ORIGIN) – in no way is Modern Plastics responsible for lost or damaged shipments.

Minimum Order
For our customer’s convenience, Modern Plastics does not require any minimum dollar purchase for standard shipping. See SMALL ORDER CHARGE below. (Our e-commerce site has a $100.00 minimum charge.)

Surcharges
A host of surcharges may apply to your order shipment. Such charges may be, but not limited to the following;

  • Rush Expedite Fee
  • Rod material cut in half
  • Cutting charge for sheet
  • MFG. Certifications
  • Material Testing Fee
  • Wood Crating Charge
  • Special Protective Packaging
  • Common Carrier Add-on Fee
  • UPS per box Fee
  • Custom Boxing, Labeling, etc.
  • Incoming Expedite from MFG.
  • Modern Plastics Truck Delivery Fee
  • Fuel Surcharge
  • Rolling of sheet for shipment
  • Warehouse Stocking Fee
  • Material Samples
  • International Shipment Processing Fee
  • Heat-treated pallets

Pallet Charge Transportation Policy 
Shipping plastics is not like shipping other standard UPS type products. For one, many plastics are indeed fragile items that require special packaging, boxing and handling to insure that they arrive in pristine, unscratched condition at your door. There are not only additional packaging materials and special boxing that adds cost, but also the labor to prepare the packages for shipping can get quite lengthy. An example of this is when wooden crates must be assembled for encasing large sheets of plastic that would be easily damaged by even the most careful common carrier trucking company. Also, Federal Trucking Regulations, in terms of how plastics are “classified”, can also determine the rate of shipping your order. Some plastics might be very light in weight, yet consume lots of “air-space”, thus a higher corresponding shipping bill. As you can imagine, it is less costly to ship an item via UPS than with a trucking company, and that is why we offer many of our items cut into “UPS’able” sizes. UPS won’t take a 10′ foot long rod, yet, but we’ll offer you 2 pieces of rod, 5′ foot long instead. You’re still getting the desired footage, but the item can be easily shipped in the 5′ foot length via UPS. Another cost factor comes into play with International Shipments. Many countries now prohibit the use of wooden pallets coming into their country for fear that the wood could be harboring insects, disease, etc. Plastic pallets are now be required by most countries and these plastic pallets (since they are not commonly used right now) have a cost structure that is currently higher then wood pallets. Those costs must be passed on to the buyer when shipping goods overseas. In time though, the cost of plastic pallets should equal that of wood as it becomes more commonplace. Many of our rods are sold in 6′ or 8′ lengths. Again, these items are easily shipped through UPS service.

It’s also when our skill, knowledge and experience of 70 years of shipping plastics materials all over the world comes into play toward getting you the fastest and least expensive shipping means possible. Lastly, there are the UPS and trucking charges themselves that with the cost of fuel, transportation fees and fuel surcharges, seems to escalate more and more.We believe the main message in all of this is for you, our customer, to know that Modern Plastics is exceptionally knowledgeable when it comes to shipping our products, and we strive daily to insure that you are getting the fairest, most economical means of receiving your product.It is not our intention to gouge or profit from our shipping charges to our customers. Since the inception of our website and e-commerce activity, we have never had a shipment returned for damage (anywhere in the world!) while in transit. That more than anything demonstrates the care we take to insure safe arrival of your plastic goods. Small Order Charge All orders shipped via UPS, Federal Express, Common carrier and other shipment companies are accessed a $10.00/per handling/boxing fee and/or a $25.00 per “palletized shipment” charge.  Modern Plastics reserves the right to change or modify any of the above fees without prior notice. A “Fuel Surcharge” fee may be in effect as necessary.

Handling/Boxing/Pallet Charges
All orders are shipped F.O.B. shipping point by the least expensive surface method available, unless premium/fast shipping methods are requested.

In some cases, materials must be crated to insure safe arrival. Crating charges will be e-mailed to you along with the shipping charges on an individual basis.

Materials that cannot ship via small package carriers will ship via common carrier.

All orders shipped via UPS, Federal Express, etc. are accessed a $10.00/per handling/boxing fee and/or a $25.00 per “palletized shipment” charge (in addition to the actual freight charges by the carriers).

Handling/Boxing/Pallet Charges/Company Truck Delivery
Any order less than $100.00 will be assessed a $25.00 Small Order Charge to the total of the order.

Additional Information on Shipping and Shipping Costs
All orders are shipped F.O.B. SHELTON, CT (ORIGIN) by the least expensive surface method available, unless premium/fast shipping methods are requested. Local deliveries are shipped via our company owned trucks and orders are assessed a delivery charge. In no way is Modern Plastics responsible for lost or damaged shipments.

Returns
No returns will be accepted without prior authorization in the form of an “RMA” number obtained by calling our sales office. Any claims for shortage or breakage for any reason, must be made within 30 days from date of shipment. All returns are subject to a 30% restocking charge, plus reconditioning and repacking costs if necessary. No specially-made, custom fabricated, non-“cataloged”, special-ordered, or cut-to-size item may be returned.

 All sales and quotations made by Seller are expressly subject to each of the following Terms and Conditions that shall replace all terms and conditions of Buyer’s order and of any proposal or quotation to Buyer not agreed to by Buyer and Seller in writing prior to the date hereof. Seller specifically objects to all terms and conditions that may be contained on Buyer’s order, or any other document provided to Seller by Buyer.

This acknowledgment includes the following terms and conditions, and unless written notice of objection to any of such terms and conditions (including inconsistencies between Buyer’s purchase order and this acceptance) is given by Buyer to Seller promptly on receipt hereof, Buyer agrees that the following terms and conditions shall become part of the contract between Buyer and Seller. This acknowledgment operates as Seller’s acceptance of Buyer’s purchase order, but such acceptance is made expressly conditional on assent by Buyer to the terms and conditions included in this acknowledgment. Buyer and Seller agree that this acknowledgment, including the following terms and conditions, shall constitute the complete and final agreement between Buyer and Seller in respect of this order and that such terms and conditions and the rights and duties of Buyer and Seller shall be governed by the laws of the State of Florida. Any disputes between the parties shall be resolved by a court of competent jurisdiction in Boca Raton, Florida. None of the terms and conditions contained in this acknowledgment may be added to, modified, superseded or otherwise altered except by a written instrument signed by an authorized representative of Seller and delivered by Seller to Buyer, and the products received by Buyer from Seller shall be deemed to be delivered only upon the terms and conditions contained in this acknowledgment, except as they may be so added to, modified, superseded or otherwise altered, in a signed writing. This contract may not be assigned, in whole or in part, by either party except with the prior written consent of the other party, except that (1) Seller may assign any of its rights to received payment from Buyer hereunder and (2) Seller may subcontract the performance of any of its obligations hereunder.

TERMS AND CONDITIONS

  1. Prices; Payment Terms. Prices are subject to change without notice. All orders are accepted subject to Seller’s price in effect at time of shipment. All changes in freight rates or transportation charges used by Seller in computing prices and charges shown on this acknowledgment occurring after the date of this acknowledgment will be for the Buyer’s account. Seller shall not be liable for any transportation charges incurred at destination such as spotting, switching, drayage, demurrage, pier unloading charges, etc. Standard terms net 30 days with approved credit, unless otherwise specified by Seller. Applicable sales tax will be added unless a current resale certificate is on file.

Buyer grants Seller a purchase money security interest in goods Seller sells to Buyer and Buyer agrees that Seller may take actions in Buyer’s name to perfect that interest as Buyer’s attorney in fact.

  1. Taxes. Seller reserves the right to charge Buyer with the amount of any taxes which Seller may be required to pay or collect under any existing or future law upon or with respect to the sale, purchase, delivery, storage, processing, use, consumption, servicing or transportation of any of the products sold.
  2. Delivery. Articles sold hereunder shall be deemed delivered, and title hereto shall pass to Buyer, (a) in the case of shipments by Seller’s trucks upon delivery at Buyer’s plant(s) or, (b) in the case of shipments by public or contract carrier by delivering the same to such carrier at loading points at Seller’s plant. Any delivery dates Seller quotes are estimates. Seller cannot guarantee delivery on a specific date

Manufacture, shipment or delivery will be subject to any prohibition, restriction or regulation imposed by the federal government or any state government or any subdivision or agency thereof, and Seller shall not be liable for any delay or failure to perform, in whole or in part cause by any such prohibition, restriction or regulation or other causes beyond Seller’s control.

  1. Inspection by Buyer. Where mill inspection is made by Buyer, Buyer’s inspector(s) shall be deemed the agent(s) of Buyer to accept products on Buyer’s behalf with authority to waive specified tests or details of test procedure, and to accept products which may deviate from formal specifications.
  2. Permissible Variations. Unless otherwise agreed upon in writing, all products shall be furnished subject to Seller’s standard manufacturing variations and practices and within limits and sizes Seller produces. Products purchased are subject to customary quantity variations recognized by trade practice.
  3. Cancellation. The Contract resulting from the acknowledgment and acceptance of Buyer’s order cannot be cancelled, terminated or modified by Buyer in whole or in part except with Seller’s consent in writing and then only upon terms and conditions then to be agreed upon which shall include protection of Seller against all loss.
  4. Risk of Loss; Loss or Damage in Transit. Terms of shipment shall be F.O.B. Seller’s plant. Risk of loss shall pass to Buyer when the products are delivered to the carrier, or to Buyer or Buyer’s agent, whichever first occurs. In case of loss or damage in transit or failure to receive shipment within a reasonable time, Buyer must immediately notify in writing carrier’s agent at destination and Seller. This action is necessary in order to preserve the right to damages from the carrier and to substantiate a formal claim when presented. Seller shall not be liable for any damage, loss or expense resulting from anything occurring during, or attributable to, transportation.
  5. Claims; Disclaimer of Warranties. Products may not be returned except by written permission of Seller. Buyer assumes all risk and liability for loss, damages or injury to person or to the property of the Buyer or others arising out of the use or presence of the materials purchased hereunder. Buyer agrees to indemnify and hold harmless Seller against any liability, damages, losses, costs and expenses in connection with any suit or claim; including but not limited to, any loss of use, loss of profits, damage or injuries to persons or property arising out of or relating to any use of materials purchased by Buyer herein, whether such claim is made by Buyer, Buyer’s customers, or other third parties.

SELLER SHALL NOT BE LIABLE FOR ANY CLAIMS, LOSSES, LABOR, EXPENSES OR DAMAGES, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, RESULTING DIRECTLY OR INDIRECTLY FROM ANY CLAIM WHATSOEVER, WHETHER BASED ON TORT, WARRANTY, CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF SELLER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION CLAIMS IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE PRODUCTS SOLD HEREUNDER, CLAIMS OF LOSS OF PROFITS BECAUSE OF INCREASED OPERATING COSTS, LOSS OF PRODUCTION OR SHUTDOWN OF OPERATION OR OTHERWISE AND LIABILITIES, CLAIMS AND EXPENSES IN RESPECT OF THIRD PARTIES. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. FURTHERMORE, DAMAGES SHALL IN NO CASE EXCEED THE PURCHASE PRICE OF THE PARTICULAR QUANTITY DELIVERED WITH RESPECT TO WHICH SUCH DAMAGES ARE CLAIMED. In lieu of any warranty, whether expressed or implied by operation of law or otherwise, products proving defective in material and/or workmanship in the hands of the Buyer will be replaced or, at Seller’s option, credit will be allowed for the original price thereof, provided (i) a written claim in respect of such products (specifying the claimed defect or nonconformity) is made by Buyer with reasonable promptness after delivery thereof but in no event more than 5 days after such delivery, (ii) use of such products is promptly discontinued and (iii) such products are returned to Seller with reasonable promptness after delivery. Claims for latent defects are barred unless presented within 90 days after the date of invoice.

TECHNICAL ADVICE AND OTHER SERVICES. Buyer is responsible for the design, processing, testing and labeling of any product that Buyer makes using products Buyer buys from Seller and Buyer will not rely on anything on Seller’s web site or any statement by Seller about the suitability of products or services Seller provides. Buyer has tested and investigated products sold by Seller enough to form an independent judgment concerning their suitability for the use, conversion or processing intended by Buyer and will not make any claim against Seller based on Seller’s advice, statements, information, services or recommendations.

  1. Remedies.

(a) Any payment due from Buyer and not timely made shall be subject to a service charge equal to 1.5% per month or, if less, the maximum amount permitted by applicable law, until paid. In case Buyer shall fail to make payments in accordance with the terms as set forth in this acknowledgment, Seller in addition to its other rights and remedies may at its option defer further shipments until such payments are made, or may terminate the contract, and Buyer shall not have any cause of action or be entitled to any off-set, counterclaim or recoupment against Seller by reason of any such action.

(b) If, in Seller’s sole judgment, Buyer’s credit shall become impaired at any time, Seller shall forthwith have the right to decline to make deliveries hereunder except for cash until such time as said credit has been re-established to Seller’s satisfaction, or, in Seller’s sole discretion, and in addition to any other rights or remedies available to it, to immediately terminate this Contract without any liability to Buyer.

(c) If Buyer fails to pay any amount when due or is otherwise in default with respect to any of the terms or conditions of this or any other Contract with the Seller, Seller may, at its option, without prejudice to any other legal remedy or remedies, defer making further deliveries hereunder until such default is remedied and/or may declare the obligation of the Buyer for all articles already delivered, and all loss and damage with respect to any articles remaining to be delivered, to be due forthwith.

  1. Force Majeure. Failure of Seller to make any deliveries hereunder when due, if caused by any reason beyond its control, including, but not limited to Acts of God or the public enemy, fire, explosion, perils of the sea, flood, drought, war, riots, sabotage, accident, embargo, government priority, requisition or allocation or other action of any governmental authority, inability of Seller to obtain raw materials or to obtain from its regular source of supply any product covered by this Contract which it does not manufacture, regardless of reason, or any circumstance of like or different character beyond the reasonable control of Seller, or by interruption of or delay in transportation, shortage or failure of supplies of material / equipment, labor trouble, or by compliance with order or request of the U.S. Government or any officer, department, agency or committee thereof, or by compliance with request of any manufacturer of material for purposes of producing articles for national defense, shall not subject Seller to any liability to Buyer.
  2. Waiver. Failure on the part of Seller to enforce at any time, or for any period of time, any of the provisions of this Contract shall not be deemed or construed to be a waiver of such provision or of the right of Seller to thereafter enforce each and every such provision.
  3. Legal Fees. In the event Seller must initiate legal proceedings or retain a collection agency in order to secure its rights hereunder, Seller shall be entitled, in addition to all other remedies available at law and/or equity, to recover from Buyer its fees associated therewith including, but not limited to, reasonable attorneys’ fees, collection fees, expert witness costs and court costs.
  4. If any provision of this Contract is or becomes or is deemed invalid, illegal or unenforceable in any jurisdiction, (a) such provision shall be construed or deemed amended to conform to applicable laws so as to be valid and enforceable, or, if it cannot be so construed or deemed amended without materially altering the intention of the parties, it shall be stricken, (b) the validity, legality and enforceability of such provision will not in any way be affected or impaired by it in any other jurisdiction, and (c) the remainder of this Contract shall remain in full force and effect.
  5. The relationship between Seller and Buyer shall be that of independent contracting parties and Buyer shall make no representation to the contrary.

Terms and Conditions for ModernPlastics.com Website

Last updated: 05-07-2018

Modern Plastics website located at “https://peraltadev.com/modern-plastics/” (this “Site”), which is owned by Modern Plastics (“us”, “we”). Please read this page carefully before using this Site. By accessing or using this Site in any way, you agree to and are bound by the terms, conditions, policies and notices contained on this page (these “Terms”), including but not limited to conducting this transaction electronically.

These Terms are effective as of 05-07-2018.

CONTENT MANAGEMENT

All contents of this Site are: Modern Plastics. All rights reserved. This Site contains copyrighted material, trademarks, service marks, logos, trade dress and other proprietary content, including but not limited to text, excepts from a book, photographs, buttons, images, video and graphics, and the entire selection, coordination, arrangement and “look and feel” of this Site and the content are copyrighted as a collective work under United States copyright laws (collectively, the “Content”).

Except as provided in these Terms, you may not use, modify, republish, frame, license, transfer, post, transmit, create derivative works from, or otherwise exploit any Content from this Site, in whole or in part, without the express permission of Modern Plastics.

Reproduction, distribution, republication, and/or retransmission of material contained within this website is prohibited without the prior written consent of Modern Plastics. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site, is strictly prohibited. Nothing contained in these Terms shall be construed as conferring any other license or right, express or implied, under any of Modern Plastics’ intellectual property rights.

CHILDREN ONLINE PRIVACY PROTECTION ACT

Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features/register on the Website, make any payments through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use.

If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at bcarbone@modernplastics.com

We are committed to complying with the Children’s Online Privacy Protection Act (COPPA). Schools and parents should supervise their children’s online activities and consider the use of other means to provide a child-friendly, online environment. If you would like to learn more about COPPA, visit the Federal Trade Commission home page at http://www.ftc.gov.

If you are living in the EU and are under the age of 16, it is required by law that you obtain consent from your parents before subscribing to any email list. We do not target, cater or provide products or services for 16 years and under and thus do not have a parental approval process.

EXTERNAL LINKS

As a convenience to you, Modern Plastics may provide links to websites and access to content, products and services of third parties, including without limitation, Modern Plastics affiliates and strategic partners and other entities (“Linked Sites”). You should refer to the separate terms of use, privacy policies, and other notices posted on Linked Sites before you use them. Some of those links contain trackable cookies, which means that website owner will know that their website has shown up in your website browser more than once. And they may know that you visited this website before you visited their website.

Modern Plastics does not author, edit or monitor these Linked Sites, and is not responsible or liable for (a) the availability of or content provided on such Linked Sites, nor does inclusion of any link imply endorsement of the Linked Sites by Modern Plastics or vice versa; (b) third party content accessible through such Linked Sites; (c) any loss or damage whatsoever you may incur from dealing with any Linked Site; or (d) your dealings with any third parties found on or through this Site, the payment for and delivery of goods if any, or any terms, conditions, warranties, or representations associated with such dealings. You bear all risk associated with the use of such Linked Sites, third party services, and your correspondence or business dealings with third parties found on or through this Site.

DMCA PROVISIONS

The Digital Millennium Copyright Act of 1998, found at 17 U.S.C. 512 (“DMCA”), provides recourse for owners of copyrighted materials who believe that their rights under United States copyright law have been infringed upon on the Internet.

Under the DMCA, the bona fide owner of copyrighted materials who has a good faith belief that their copyright has been infringed may contact not only the person or entity infringing on their copyright, but may also contact the designated agent of an Internet service provider to report alleged infringements of their protected works, when such alleged infringements appear on pages contained within the system of the Internet service provider (“ISP”).

The owner of this website and the ISP are committed to complying with international trade law, international trade practices, all United States laws, including United States copyright law. Upon receipt of a properly filed complaint under the DMCA, the owner and/or the ISP of this website will block access to the allegedly infringing material. The website owner and/or the ISP will forward a copy of the notification of claimed copyright infringement to the alleged infringer. Anyone who believes in good faith that a notice of copyright infringement has wrongfully been filed against them, may submit a Counternotice to the website owner and/or the ISP.

NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT

Please send DMCA notifications of claimed copyright infringement to:

Modern Plastics (bcarbone@modernplastics.com)

Code of Conduct

Modern Plastics’ Code of Conduct is communicated to and signed by all our supply chain partners. This Code of Conduct was developed using established international frameworks, including the International Bill of Human Rights and the ILO Fundamental Principles and Rights at Work — such as the Forced Labour Convention (No.29), Abolition of Forced Labour Convention (No.105), Minimum Age Convention (No. 138) and Worst Forms of Child Labour Convention (No. 182) amongst others. In addition, the Code of Conduct draws from the ETI Base Code, recognized as one of the leading frameworks in the global beauty industry.

NO WARRANTIES

Modern Plastics makes no representation of any kind regarding this Site, Content or any portion thereof, WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. Modern Plastics EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.

Without prejudice to the generality of the foregoing paragraph, Modern Plastics does not warrant that this website will be constantly available, or available at all; or the information on this website is complete, true, accurate or non-misleading.

LIMITATIONS OF LIABILITY

Modern Plastics will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • [to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

IN NO EVENT SHALL Modern Plastics BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, exemplary, INCREASED OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, DATA, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THIS SITE, EVEN IF Modern Plastics HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Without limiting the generality of the foregoing, under no circumstances shall Modern Plastics or any other party involved in creating, producing, or distributing this Site be liable for any direct, indirect, incidental, special or consequential damages or loss of profits, goodwill, use, data or other intangible losses (even if advised of the possibility of such damages) that result from (a) any delay, failure, interruption or corruption of this Site or any data or information transmitted in connection with the use of this Site; (b) personal injury or death caused by your use or misuse of this Site; (c) the cost of procurement of substitute goods and services resulting from your use of any goods, data, information or services purchased or obtained or messages received or transactions entered into, through or from this Site; (d) unauthorized access to or alteration of your transmissions or data; and (e) any other matter relating to our Site. You hereby acknowledge that this paragraph shall apply to all nutraceuticals, products, and services available through this Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the fullest extent permitted by law.

Notwithstanding the above, Modern Plastics sole liability for any reason to you, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from us through this Site.

In accordance with the 1996 Communications and Decency Act, Section 230, we are also not liable for comments user of this website leave as comments. While we will certainly delete comments that don’t adhere to our personal standards, if someone claims you are a car thief, you have to sue them not us.

REASONABLENESS

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

UNENFORCEABLE PROVISIONS

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

GOVERNING LAW

Use of this Site is governed by Connecticut / USA law. Any claim related to the Site and any product purchased through this Site shall be brought in a federal or state court within one (1) year after the claim arises. Users of this Site consent to the jurisdiction and venue of such courts as the most convenient and appropriate for the resolution of disputes concerning this Site.

ACKNOWLEDGEMENT

You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.

CHANGES TO OUR PRIVACY POLICY AND TERMS OF USE

Modern Plastics may change these Terms from time to time. Please review these Terms periodically for any updates or changes. Your continued use of this Site following the posting of any updates or changes to these Terms constitutes your acceptance of such changes. If you object to any provision of these Terms or any subsequent modifications to these Terms, your exclusive recourse is to immediately terminate use of this Site.

Modern Plastics also reserves the right to modify or terminate your access to the Site (or portions of this Site) at any time, temporarily or permanently, with or without notice to you. Modern Plastics may also impose limits on certain features, services or all of this Site without notice or liability. You acknowledge and agree that Modern Plastics will not be liable to you or any third party in the event that Modern Plastics exercises its right to modify or terminate access to this Site or portions of this Site.

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

Price and availability information on this Site are subject to change without notice.

Need to complain? Need to compliment?
Please do not hesitate to call us and discuss any situation for which you have not received proper service or have incurred a difficulty with a material product that we have sold to you. If you would prefer to drop an e-mail to the Company President, please do so at Bing J. Carbone, and you will receive a prompt response.

NOTICE: We have a new address. We are no longer located in BridgePort, Connecticut.

OUR CORRECT ADDRES IS: Modern Plastics, 88 Long Hill Cross Road, Shelton, Connecticut 06484 USA.

Interested in
Our Services?

onpoint icon
Trust the Premier Source for Plastics Worldwide

Request a Quote Today!