All sales are expressly limited to and made conditional upon the terms and conditions contained herein. This document is a conditional acceptance by the Seller of the Buyer's offer to purchase Seller's goods. It may contain terms which differ from or add to those contained in the Buyer's purchase order, and to the extent that this is the case, the Seller hereby expressly conditions its acceptance of the Buyer's offer on the Buyer's assent to the additional or different terms. Objection by the Buyer to any of the terms contained herein shall be deemed to have been waived if written notice of the objection is not received by Seller within ten days of the receipt of quotation, order acknowledgement or invoice or before part of the described goods are accepted by the Buyer, whichever occurs first.
All sales shall be governed by and construed in accordance with the laws of the State of Delaware.
Payment: Prices and terms of payment are as shown on the applicable acknowledgements and/or invoice forms. Terms are from the date of invoice and not from date the goods are received. No extra dating will be extended. All payments shall be made in legal tender of the United States of America. 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. The Buyer agrees, in the event that affirmative action is required on the part of the Seller to collect the amount owing to Seller by Buyer, to pay to Seller all costs of collection including reasonable attorney's fees
Minimum Billing: Minimum merchandise billing is $15.00 on all orders.
Prices: Prices on acknowledged orders are firm. Prices listed in any catalog, price list, advertisement or website are subject to change without notice. Quotations for custom made and special order merchandise are valid for 30 days after issuance. Orders are subject to acceptance.
Screens, Patterns and Artwork: Charges made for screens, patterns and artwork are part of the purchase price of the goods and do not convey ownership to Buyer. All screens, patterns and artwork remain the property of Seller, unless otherwise agreed by Seller in writing.
Delivery Charges: All sales are F.O.B. shipping point unless otherwise stated. All costs of freight, transportation, mailing and insurance, unless prepaid and all demurrage charges shall be paid for by Buyer unless otherwise agreed upon or stated.
Delivery: We take great pride in our ability to make the fastest shipment possible. We cannot, however, be responsible for delays once the merchandise is the hands of a common carrier or the U.S. Postal Service. Please inspect all shipments. Claims for shortages or damages must be made with 48 hours of receipt of shipment.
Delivery Dates: Anticipated Shipping Dates are our best estimate at this time. Guaranteed Delivery Dates are our promise to deliver merchandise by a specific date; however, the Buyer is responsible for any air freight, messenger or other extraordinary delivery charge unless otherwise agreed upon or stated.
Back Orders: Unless otherwise requested, we will ship and invoice all available merchandise and back order delayed items.
Delays: All orders are accepted by Seller upon 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 insurrection, fires, floods, storms, embargoes, actions of any military or civil authorities, whether legal or de facto, strikes, labor difficulties, riots, lock outs, acts of God, or similar or different circumstances beyond the control of Seller. All merchandise is subject to prior sale and Seller's ability to deliver.
Warranty Disclaimer: All articles made or distributed by Seller are double 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 nonconforming 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.
Statute of Limitations: Any action for breach of contract or sale must be commenced by Buyer within one month after the cause of the action has accrued.
Claims: Claims for shortages, defects, and nonconforming goods must be made by Buyer in writing within ten days of receipt of the goods; 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.
Returned Goods: Our goal is complete customer satisfaction. If for whatever reason you are not satisfied with your purchase you may return or exchange the merchandise within 10 days after the date of delivery. Returns must be in new, unused and resalable condition and in original packaging (not the actual corrugated cardboard box it shipped in).
To insure proper credit and refund prior verbal and/or written authorization from Seller is required along with a Return Merchandise Authroization (RMA) Number prior to returning any merchandise. Buyer must prepay return freight. Note that Made To Order items and special volume discount priced items and orders maybe subject to a 15% restocking fee if returned.
Product Specifications: All specifications are subject to change without notice. All flags and banners are made within parameters of mil-f-2692h specifications.
Adjustments: The seller reserves the exclusive right to make the final decision concerning repairs, replacements, or other adjustments when a complaint has been registered. We will not be responsible for any adjustments or replacements made by distributors without prior written authorization from the Seller's General Offices.