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Standard Terms & Conditions of Sale
1. All verbal orders must be confirmed in writing. Designs assumes no responsibility for errors resulting from verbal orders. Any different or additional items or conditions proposed by buyer in variance from the terms of the order are not binding unless accepted in writing by Seller. All secure electronic orders or e-mail orders submitted by e-mail from buyer’s e-mail address shall be treated like and be binding as signed orders
2. A fifty percent (50%) deposit is required on first time orders, with the balance shipped C.O.D. Credit may be allowed only after credit application has been completed by Buyer and a credit check processed and approved by Seller.
3. Seller issues no warranties or claims as to the length of time any product will remain serviceable due to variations in handling and storage by Buyer. Buyer’s exclusive remedy shall be to return the materials to the Seller and obtain credit (partial or full ) and/or refund of the purchased product or, at Seller’s option, Seller may repair the nonconforming goods or deliver replacement goods. No consequential damages shall be recovered for delivery of nonconforming goods or for the non-delivery of goods.
4. Rejection of nonconforming materials must be done by Buyer in writing within ten (10) days of receipt and all defects ascertainable at time of giving notice shall be stated with particularity or be deemed waived. In the event of any complaint, shipment shall be held intact and specifications of objections, accompanied by a tally of objectionable goods shall be submitted directly to this office. If full credit is allowed for nonconforming goods, the goods must be retained intact at the delivery point, and Seller shall have sixty (60) days from the date of such allowance to dispose of such goods. Failure to return product in a “as delivered” condition, i.e., a condition free of use or abuse, may affect the amount of any credit which would be allowable. Under no circumstances are goods to be returned to Seller unless Buyer has written permission of Seller to do so. A re-stocking fee may be assessed on the return of undecorated stock items if returned in new condition and return authorization has been obtained within ten (10) days of customer’s receipt of order. A claim that goods are non-conforming shall not entitle Buyer to deduct any sum from any invoice unless such claim has been allowed in writing. Invoices shall be paid in full accordance with the terms of the sale and, in the event of subsequent allowance of any claim, Seller shall promptly make payment to Buyer for the amount so allowed.
5. Cancellation of an order is to be made in writing and received by Designs fifteen (15) days prior to scheduled shipment of custom orders and two (2) days prior to shipment of stock orders. Failure to do so may result in charges to the Buyer. In general, a fifty percent (50%) deposit is required on custom orders. In the event of the cancellation of a custom order, the deposit is deemed non-refundable. Notwithstanding any other provision, Designs shall be able to assess reasonable charges for any order where custom materials are ordered, cut, or decorated. Buyer may not cancel any order for delays in delivery without giving at least ten (10) days prior written notice of intention to do so, and in no event after product has left point of shipment.
6. Artwork shall be deemed to be the property of the person or entity that supplies them. Title to artwork supplied by Designs shall not be transferred to the customer without full payment, plus profit, for the work involved. Ownership of artwork supplied by the Buyer remains the Buyer’s, but also becomes his/her liability. Seller reserves the right to bill at a SPECIAL rate for artwork produced for but not resulting in the fulfillment of an order. It is recommended that the customer receive and carefully scrutinize a proof for all new and revised artwork. Designs cannot be held responsible for discrepancies resulting from production to specifications on an approved proof. The customer’s signature on a proof is their approval. Charges shown on price lists shall apply. There will be an additional charge for ink other than black.
7. Shipping dates, when shown, are deemed to be approximate. Rush orders, i.e., orders required sooner than normal delivery times, will receive a twentyfive percent (25%) surcharge. Shipment is contingent on the procurement of materials, supplies and labor entering into and required in the manufacture of the goods and on credit clearance by the Seller at the time of shipment and is subject to delay or cancellation in consequence of strike, fire, explosion, war, an act of GOD or any cause beyond the control of Seller. The Buyer should make every effort to establish shipping dates within ninety (90) days of placing the order. Designs will not be liable for damage or loss resulting to orders not shipped by Buyer’s discretion for any period of time after ninety (90) days from the date of the order. Additionally, the Buyer may be subject to warehousing fees for such extended periods.
8. Buyer shall pay freight, unless prepaid and shall unload shipments promptly. Any increase in freight rates for shipments whether prepaid or not and all demurrage shall be borne by the Buyer. Delivery to carrier at point of origin shall constitute delivery to Buyer, and thereafter the shipment shall be at Buyer’s risk. All claims for loss or damage in transit must be filed against the carrier by the Buyer.
9. Unless indicated otherwise on the order, Seller may ship five percent (5%) over or under the quantity ordered when ordering quantities of one hundred (100) pieces or more and the invoice shall be adjusted to reflect the quantity shipped. Minimum quantities have been established by the Seller. Seller will only accept order quantities as specified on its price lists without written acceptance of order. Wine List Products: minimum order is twenty-five (25). Cover Products: minimum order is twenty-five (25).
10. All products/services produced or sold by Designs shall remain the property of Designs until the invoice is paid in full, including freight charges. Any expense borne by the Seller necessary to collect delinquent accounts (beyond 30 days) shall be the responsibility of the Buyer up to and including legal and court costs. Buyer also agrees to late charges of one and one-half percent (1.5%) per month on any invoice which remains unpaid for more than thirty (30) days.
Orders: All orders are subject to terms and conditions and shall supercede any variance set forth on all purchase orders received.
Minimum: Minimum order is $50.00. A service charge of $15.00 will be added to orders under minimum.
Confirmation of orders: No verbal orders will be processed. All orders must be confirmed in writing by customer signature or purchase order.
Delivery/Production Time: Stock products shipped in 2-3 days. Stock products imprinted with a logo, shipped in 5-10 working days from receipt of approved logo art/proof. Custom products shipped in 3-5 weeks. A longer production time may be required depending on availability of raw material, size of order and load of production schedule.
Payments: 50% deposit with all customized or imprinted orders unless otherwise approved, balance C.O.D. unless prior credit has been established.
Shipping: Shipping and handling charges: FOB St. Augustine, FL. All orders are shipped UPS ground unless otherwise specified. Split destination and drop shipments are available at $10.00 per destination.
Overruns/Underruns: Every effort will be made to ship the exact quantity ordered. However, for all non stock or imprinted orders, we reserve the right to ship and bill up to 5% over or under the amount ordered.
Returns: No returns or deductions accepted without prior notification and a return authorization number. All authorized returns may be returned for credit and are subject to a 20% restocking charge and shipping cost both ways.
Menu Sample Kit: $40.00
Imprinting Logo/Name: Add $80 for surface foil stamp, one color screen print, or blind deboss. Add $160.00 for stamp & deboss or a one color screen print & deboss.
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