Terms of service

All shipments and deliveries hereunder are subject solely to the following terms and conditions, which apply to purchases by “You” or “Buyer.” All new or different provisions in the Buyer’s Purchase Order or other documents are rejected.

  • 1. YOUR RIGHTS AND OBLIGATIONS
    • (a) THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
    • (b) THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.
    • (c) BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS.
    • (d) YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (i) DO NOT AGREE TO THESE TERMS, (ii) ARE NOT THE OLDER OF (A) AT LEAST 18 YEARS OF AGE OR (B) LEGAL AGE TO FORM A BINDING CONTRACT WITH [MANUFACTURER NAME], OR (iii) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.
    • (e) These terms and conditions (these "Terms") apply to the purchase and sale of products and services through www.buyourbottles.com (the "Site"). These Terms are subject to change by Ardagh Glass Inc. (referred to as "us," "we," or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the "Last Updated Date" referenced on the Site. You should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.
    • (f) These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy, which governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site, and Cookie Management before placing an order for products or services through this Site
  • 2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
  • 3. Prices and Payment Terms.
    • (a) All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price advertised on this Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. The prices are net of any recycling or similar fees on Containers, and all such fees are the responsibility of Buyer. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
    • (b) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept major credit cards and PayPal™ for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
  • 4. Shipments; Delivery; Title and Risk of Loss.
    • (a) All prices are ExWorks from Seller’s plant of manufacture or origin and do not include shipping and handling charges, which will be handled by the Buyer. If we are handling shipping, title will pass to you upon transfer of the products to the carrier and risk of loss will pass to you upon delivery of the products. If you are picking up your order yourself or via carrier, title and risk of loss will pass to you upon transfer of the products to you or the carrier at our location. We are not liable for any delays in shipments.
    • (b) All Containers sold to you in respect of a “ship to” location in Canada, shall be sold EXW (ex-Works – Incoterms 2020) Seller’s facility. Buyer shall be the exporter and importer of record in respect to all cross-border transiting of the Containers from Seller’s delivery location, and title to the Containers shall transfer to Buyer at the same time as Containers are delivered to Buyer. If, as indicated and noted by Seller’s invoice to Buyer, Seller agrees to sell Containers to Buyer CPT (Carriage Paid To) “Ship To” location (incoterms 2020) or any other international trade term, Buyer shall be and remain the exporter and importer of record in respect of all cross-border transiting of the Containers, and title to the Containers shall transfer to the Buyer at the same time as the risk of loss. Buyer is responsible for and shall pay directly to the appropriate authority or agency taxes and duties related to the sale and or purchase of those Containers including, but not limited to Canadian Provincial Sales Tax (“PST”), Goods and Services Tax (“GST”) and Harmonized Sales Tax (“HST”), or any similar tax.
  • 5. Returns and Refunds. Returns must be made within 10 days of the receipt of your shipment according to the “Return Policy” found here.
  • 6. Limited Warranty. Seller warrants that at the time of shipment to Buyer of the products specified herein, each product:
    • (1) will be produced in compliance with all applicable requirements of the Fair Labor Standards Act, as amended; and (2) shall be fit to be used as a food or beverage container and shall not be a food additive within the meaning of the Food, Drug and Cosmetic Act, 21 U.S.C. § 301 et seq., and not an article which may not, under the provisions of such Act, be introduced into interstate commerce.
    • THESE EXPRESS WARRANTIES SHALL BE IN LIEU OF ALL OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
    • Seller specifically disclaims any warranty or liability for:
    • (1) foreign substances of any kind in the product which reasonably could have been introduced by either Seller or Buyer;
    • (2) any defects or breach of warranty which appear more than one (1) year from the date of delivery of the product; and
    • (3) breach of the warranty contained in subparagraph A (3) above unless the Container is thoroughly cleaned by Buyer immediately prior to filling, the container is filled under sanitary conditions and in accordance with good manufacturing practices as required or recommended by the Food and Drug Administration, and the container is suitably sealed immediately after filling with an appropriate closure.
    • (4) any use of Containers for purposes for which they are not designed or intended.
    • In the event of an alleged breach of any of the above warranties, Buyer shall furnish Seller notice of any such breach of warranty within a reasonable time after discovery of the breach. As Buyer’s exclusive remedies for an actual breach of warranty, the defective or non-conforming product will be replaced by Seller free of charge or the purchase price thereof refunded, at Seller’s option.
    • In addition to the above disclaimers, Buyer agrees that the products shall be utilized only under the following conditions and that Seller shall not be responsible for any claims related to any inconsistent use:
    • (1) Containers shall not be subjected to vertical forces greater than 1000 psi;
    • (2) product fill temperature shall not exceed the ambient bottle temperature prior to filling by more than 75° F (42C).
    • At Buyer’s request, Seller may from time to time provide to Buyer closures or other products other than glass containers (a “Third Party Product”). Buyer acknowledges that Seller is not the manufacturer of such Third Party Product(s) and Seller makes no representations or warranties regarding any such Third Party Product(s), including any warranty of merchantability or fitness for a particular purpose. Buyer further acknowledges and agrees that it will look solely to the manufacturer of such Third Party Product(s) in the event of any defect in such Third Party Product(s) and hereby releases Seller from any liability therefore.
    • Seller shall be given an opportunity to conduct an adequate investigation of all claims of breach of this section both by inspection at the Buyer’s place of business and having the products returned to Seller.
  • 7. Limitation of Liability. In no event shall Seller be liable to you or any third party for loss of profit, loss of business, loss of business opportunity, loss of market share, damage to the goodwill or reputation of any party or its products, or for any special, indirect, incidental, punitive, exemplary or consequential damages however caused and under any theory of liability whether based in contract (including indemnity, breach of warranty or representation or other breach of contract), tort (including negligence), or otherwise. The foregoing limitations shall apply regardless of whether such party has been advised of the possibility of such damages and notwithstanding the failure of essential purpose of any limited remedy stated herein.
    • Buyer hereby agrees that, prior to providing any empty Container to any other commercial entity or party, Buyer shall obtain such party’s agreement to the limitations set forth herein and an acknowledgement that Seller is a third-party beneficiary to such agreement for the purposes of such limitation. Buyer further agrees to fully indemnify Seller for any and all claims made by such third-party commercial entity or party made against Seller seeking any of the excluded losses or damages set forth above.
  • 8. Indemnity. Buyer shall indemnify and save Seller, its present and future directors, officers, employees, and agents from and against all third party claims, demands, suits and actions and any fines, penalties, damages and costs, including reasonable legal expenses and attorneys’ fees connected therewith, to the extent such is caused by the negligence, willful misconduct, or other act or omission of Buyer
  • 9. Intellectual Property Use and Ownership. Ardagh Glass Inc. and its licensor(s) are and will remain the sole and exclusive owners of all intellectual property rights in and to each product and service made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, subject only to the limited license granted under the product's or service's license agreement. You do not and will not have or acquire any ownership of any intellectual property rights related to the products or services made available through this Site.
  • 10. Force Majeure. Neither party shall, under any circumstances, be responsible for failure to comply with this agreement due to: fires; floods; riots; strikes; freight embargoes or transportation delays; epidemic, pandemic, cyber-attack, shortage of labor; inability to secure fuel, materials supplies or power or significant increase in the costs thereof; acts of God or of the public enemy; any existing or future laws or acts of the federal, state or local government with which the appropriate party, in its judgment and discretion, deems advisable to comply as a legal duty; or to any cause beyond such party’s reasonable control.
  • 11. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 14 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
  • 12. Applicable Law. The laws of the state of Indiana shall apply to the interpretation and enforcement of this agreement, and jurisdiction over any disputes lies solely in the federal and state courts in Indiana.
  • 13. Amendments. No amendment or other modification of this agreement is binding upon the parties unless it is in writing and executed by a duly authorized representative of each party.

ARDAGH GLASS INC.
10194 Crosspoint Blvd, Suite 410
Indianapolis, IN 46256
(317) 558-1002