Limited Warranty 

Clean Filter LLC, dba Clement Packaging, warrants that during the Warranty Period described below, each of its compostable packaging products (“Products”) will materially conform to the specifications set forth in the acknowledged Purchase Order and design drawings, subject to the terms and conditions of this Limited Warranty. 

Warranty Period

The Warranty Period shall be one (1) year from the final invoice date or until the Products are opened or used, whichever is earlier.

Remedies

Subject to the terms herein, if any material nonconformity with the specifications set forth in an acknowledged Purchase Order is reported during the Warranty Period, Clement Packaging will, in its discretion, repair, replace, or refund the sales price of the affected units.  The warranty period on any replacement unit will be the duration remaining on the original unit. 

Conditions

This Limited Warranty is applicable only to the original buyer of the Products.  All claims must be submitted in accordance with the Claims Process described below.  

Exclusions

This Limited Warranty does not apply to:

  • Specifications requested by Buyer that were not agreed upon in a written Acknowledgement issued by Clement Packaging, in accordance with Clement Packaging’s Terms and Conditions of Sale, available at https://www.clementpackaging.com/terms; or 

  • Conditions caused by:

  • Improper care, maintenance, use, or handling

  • Minor color deviations from samples or changes in appearance due to unequal exposure to sun, chemicals, other liquids, or other atmospheric or climatic conditions;

  • Exposure to corrosive or abrasive substances (including, but not limited to, solvents, chemicals, sealants, labeling adhesives

  • Exposure to extreme heat, moisture, or humidity

  • Specification of Products that are unsuitable or incompatible with the materials to be packaged

  • Other circumstances beyond Clement Packaging’s reasonable control

Disclaimers

THIS LIMITED WARRANTY IS THE EXCLUSIVE WARRANTY OFFERED BY CLEMENT PACKAGING AND IS THE SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM BROUGHT HEREUNDER (WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR STRICT LIABILITY).  

EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREIN, NEITHER CLEMENT PACKAGING NOR ANYONE ACTING ON CLEMENT PACKAGING’s BEHALF HAS MADE OR MAKES ANY EXPRESS OR IMPLIED REPRESENTATION, GUARANTEE, OR WARRANTY WHATSOEVER, EITHER ORAL OR WRITTEN AND BUYER ACKNOWLEDGES THAT THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CLEMENT PACKAGING SHALL NOT BE LIABLE FOR INACCURATE ORDER SPECIFICATIONS.  CLEMENT PACKAGING EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR PERFORMANCE OF PRODUCTS TO STANDARDS SPECIFIC TO THE COUNTRY OF IMPORT, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.  BUYER ACKNOWLEDGES AND AGREES THAT IT HAS NOT RELIED UPON ANY REPRESENTATION OR WARRANTY MADE BY CLEMENT PACKAGING, OR ANY OTHER PERSON ON CLEMENT PACKAGING’S BEHALF, EXCEPT AS SPECIFICALLY PROVIDED IN THIS LIMITED WARRANTY.

Any implied warranty which cannot be disclaimed under applicable law shall be limited in duration to the shortest term permitted and, in any event, shall not exceed the applicable Warranty Period.

Any exceptions or deviation from the terms of this Limited Warranty shall apply only to the limited circumstance and limited time for which it was granted and shall not be construed as a waiver of Clement Packaging’s right to strictly enforce any term thereafter.

Governing Law & Dispute Resolution

This Limited Warranty shall be governed and construed in accordance with the laws of the State of California, without regard to conflicts of laws principles. Any claim or dispute that may arise under this Limited Warranty shall be submitted to arbitration in accordance with the arbitration provision set forth in Clement Packaging’s Terms & Conditions of Sale, available at https://www.clementpackaging.com/terms.   

Claims Process

All claims shall be submitted to helen@clementpackaging.com and shall include: (1) proof of purchase; and (2) a description of the nonconformity or warranted condition.  Claims made pursuant to this Limited Warranty must be made within three (3) business days from the date Buyer becomes aware of the nonconformity and, in all events, prior to the expiration of the applicable Warranty Period.  Buyer shall also cooperate with any request from Clement Packaging to inspect the Products, which may include shipping the Products to Clement Packaging’s facility, at Buyer’s cost and laboratory testing. The proper submission of claims is a condition precedent to any of the remedies described herein.

Last updated: 2024.02.28