If the terms & conditions below are in conflict with the contractual agreement signed by Zorch and your Company, or modified and amended over time, the language of the contractual agreement shall supersede this language.
These terms and conditions are intended to conform with the accepted trade customs of the Specialty Advertising Industry and are binding upon the parties of this transaction.
1. With the acceptance of this order Customer agrees to pay the sales price and any excise, sales, use, occupational or other tax imposed upon the Seller in conjunction with this sale. Customer understands that any sales and/or freight quoted on this order is approximate and is subject to change at final billing.
2. Due to the nature of the various materials we use, we cannot guarantee exact PMS color matches.
3. Due to the unique nature of custom imprinted advertising specialties, this order is not subject to cancellation or modification by Customer after Seller has begun the manufacture of the merchandise ordered herein
4. Prices, terms and availability of merchandise subject to change without notice.
5. As it is not always possible to imprint the exact quantity ordered, it is agreed by the Customer that an overrun or under run of not more than 10% of the ordered merchandise at the indicated price is acceptable as fulfillment of the order.
6. All transaction charges associated with these orders are to be paid by Customer. The responsibility to the Seller ceases when goods have been delivered to a transportation company, and it is agreed that the risk of loss and title to all goods thereupon passes to Customer. All claims for damage must be made to the carrier. However, it is agreed by Customer that Seller shall maintain the right to retake possession of the goods until full payment is made by Customer.
7. Any past due accounts resulting in delayed payment of 30 or more days is subject to an interest charge of 1.5% per month (18% A.P.R.)
8. It is agreed by the Customer that shipments may be made earlier than the date specified herein, unless specifically stated on an order not to ship before a requested ship date. Shipment of the goods may be made at one time or in portions.
9. Delivery of this order shall be contingent upon availability of materials and labor and Seller shall not be in default if failure to deliver is caused by strikes, acts of God, riots, warfare, government laws or regulations, or any other condition beyond the control of the Seller.
10. Customer, for the purpose of inducing Seller to extend credit, represents the Customer is not insolvent as that term is defined in applicable state and federal laws.
11. Any amount owing shall become immediately due and payable in the event of any sale, assignment or transfer of business ownership by Customer, or upon the occurrence of bankruptcy, assignment for the benefit of creditors, or attachment order issued against the Customer, or upon the Customer’s refusal to accept the goods from the carrier.
12. In any event of a default by Customer, the discontinuance of business operation, or the sale by Customer of the bulk of its assets other than in the usual course of business, Seller reserves the right by written notice to cancel this order without liability of Seller.
13. In the event any legal action is necessary for the collection of the amount due hereunder, Customer agrees to pay all collection expenses, attorney’s fees and court costs plus interest, at the legal rate, on the past due amount.
14. If an outside collection agency is retained, all costs incurred will be added to past due amount. Customer agrees to pay all fees charged by hired agency including any additional charges as stated on line 13 above.
15. Seller may assign his rights under this agreement in whole or in part and may delegate his duties under this agreement in whole or in part.
16. Customer agrees to indemnify, hold harmless, and defend Seller for any claim or expense arising from the use of any artwork, picture or plate by Seller pursuant to directions or requirement of Customer as a result of any defamation patent, trademark, copyright, or privacy infringement claim arising from the use of such artwork, picture, plate, or other descriptive material.
17. No express warranty is given and no agent, employee, or representative of Seller has any authority to bind Seller to any affirmation, representation or warranty not written on this order.
18. All freight charges are ESTIMATES and are subject to change. If a credit card is used for purchase, Seller reserves the right to bill Customer for the ACTUAL freight charges. The Customer is liable for all freight incurred during shipping. Drop shipments to multiple locations are subject to a drop shipping fee.
19. Unless otherwise stated, gift cards expire within 5 years of the issue date.