All sales will be limited to the terms and conditions contained herein. An objection by Buyer to any of the terms contained herein shall be deemed to have been waived if we do not receive the objection in writing within 10 days of receipt of invoice or acknowledgement or before part of the merchandise or services is accepted by Buyer, whichever may occur first.
(1) WARRANTY DISCLAIMER. All products made by Seller are inspected before shipment. If any goods prove to have been defective in material or workmanship at time of shipment, and a claim is made by Buyer in the manner set forth below, Seller will repair or replace the goods, at Seller’s sole option. Unless otherwise agreed by Seller in writing, Seller makes no warranties, express or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose. In no event shall Seller be liable to Buyer for incidental or consequential damages.
(2) STATUTE OF LIMITATIONS. Any action for breach of contract of sale must be commenced by Buyer within one year after the cause of action has accrued.
(3) CLAIMS. Claims for shortages, defects and non-conforming goods must be made by Buyer in writing within thirty (30) days of receipt of the goods, and no claims made after the expiration of such period will be entertained or allowed. Such writing shall state with particularity all material facts concerning the claim then known to Buyer. Buyer shall hold the goods complained of intact and duly protected until further notice from Seller. Buyer shall in no event return any goods to Seller unless expressly authorized to do so in writing by Seller. Buyer shall pay all costs of return shipment.
(4) DELAYS. All orders are accepted by Seller upon the express understanding by Buyer that Seller shall not be liable for delays in delivery of the goods or inability to deliver the goods caused by or due to inability to obtain transportation, equipment, or material, or by reason of fires, floods, storms, embargoes, actions of any military or civil authorities, whether legal or de facto, strikes, labor difficulties, riots, lock out, acts of God, or other similar or different circumstances beyond the control of the Seller.
(5) FREIGHT All costs of freight, transportation, or mailing, unless prepaid, and all demurrage charges shall be paid by Buyer. Buyer shall also pay for all increased freight rates whether prepayment for freight rates has been made or not. Likewise, if freight charges have been prepaid and the actual freight charges are less than quoted, buyer forfeits the difference.
(6) WAIVER. A waiver by Seller of any breach by Buyer shall not constitute a waiver by Seller of any other breach by Buyer.
(7) DELIVERY Delivery of the goods by Seller to the carrier at the point of origin shall constitute delivery of the goods to Buyer and thereafter the shipment of the goods shall be at Buyer’s risk. All claims and allowances for damage to the merchandise incurred in transit must be filed against and presented to the carrier by Buyer. Goods sent by mail are insured at cost of Buyer. We take pride in our ability to make the fastest shipment possible. We cannot, however be responsible for delays once the merchandise is in the hands of a common carrier or the U.S. Postal Service.
(8) PAYMENT Prices and terms of payment are shown on the applicable acknowledgments and/or invoice forms. Terms are from date of invoice and not from date the goods are received. No extra dating. All payments shall be made in U.S. dollars. Any amounts past due are subject to a service charge of 1.5% per month on the unpaid balance, unless applicable laws require a lesser charge. Made to order banners and flags are subject to variation in quantity. All orders subject to 10% variance. Order accepted only on the basis that final invoice will reflect actual quantity delivered and customer agrees to accept and pay for overruns. All prices subject to change without notice.
(9) REPAIRS, REPLACEMENTS AND RETURNS We reserve the right to determine if authorized returned merchandise should be repaired, replaced, or otherwise adjusted. Please contact a Customer Service Representative at 1-800-786-1748 to discuss your situation before returning any merchandise. Customer is responsible for all freight charges for returns made. Credit will be subject to a restocking charge of 15% before issued for all approved stock products. Non-stock (made to order) products are, any made-to-order flags, banners, pennants, and/or any item with a custom logo or imprint. Non-stock (made to order) and Custom-Made products are 100% non-refundable. If there is a manufacturers defect, we will review product(s) once the authorized returned merchandise is received to determine the nature of the situation. Every customer will receive a digital proof to review prior to production granting us the right and customer permission to proceed. Any errors made in customer oversight on the proof is the customers’ liability. Please read entire proof thoroughly as custom-made products are non-refundable.
(10) BACKORDERS Unless otherwise requested, we will ship and invoice all available merchandise and back order delayed items.
(11) DIES, TOOLS AND PATTERNS. Charges made for dies, tools and patterns are part of the purchase price of the goods and do not convey ownership to Buyer. All dies, tools and patterns remain the property of Seller, unless otherwise agreed by Seller in writing.
(12) COLLECTION. Buyer shall, in the event that affirmative action is required on the part of the Seller to collect the amount owning to Seller by Buyer, pay the Seller all costs of collection including reasonable attorneys’ fees.