TERMS AND CONDITIONS OF SALE
All sales are expressly limited to and made conditional upon terms and conditions contained herein. Objection of Buyer to any of the terms contained herein shall be deemed to have been waived if written notice is not received by Seller within 10 days of receipt of order acknowledgement or invoice or before any part of the described goods are accepted by the Buyer, whichever occurs first.
1.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 non-conforming 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 the 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 the Buyer. Buyer shall hold the goods complained of intact and in no event shall return any goods to Seller unless expressly authorized to do so in writing by Seller.
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 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 other similar or different circumstances beyond control of the Seller.
5.FREIGHT. All costs of freight, transportation or mailing, unless pre-paid, and all demurrage charges shall be paid by the Buyer. Buyer shall also pay for all increased freight rates whether prepayment has been made or not.
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 the Buyer's risk. All claims and allowances for damage to merchandise incurred in transit must be filed against and presented to the carrier by the Buyer. Goods shipped are insured at cost of Buyer.
8.PAYMENT. Prices and terms of payment are shown on the applicable order and receipt forms and/or invoice forms. All payments shall be made in the legal currency 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.
9.DIES, ARTWORK & PATTERNS. Charges made for dies, artwork and patterns are part of the purchase price of the goods and do not convey ownership to Buyer. All dies, artwork and patterns remain the property of the Seller, unless otherwise agreed by Seller in writing.
10.RETURNS. Should it be necessary to return merchandise, please call our Customer Service Department at (888)352-4776. You will be assigned an RMA (Return Merchandise Authorization) number. This number must appear on the outside of the package returned. Packages sent C.O.D.will not be accepted. Returns unrelated to variation from item ordered or merchandise quality/condition may be subject to a 15% restocking charge.
11.ONLINE COMMERCE. Advertising Flag Co., Inc. reserves the right to limit quantities of any offered product, and the right to decline acceptance of any offer to purchase without incurring liability of any kind. Products and/or prices offered for online purchase may not available through other means of purchase from Advertising Flag Co., Inc. or it's subsidiaries. Products and pricing offered are not subject to variances from things such as, but not exclusive to: previous dealings, contracts of supply, special offers, or prices and products published or offered elsewhere or by other means, and other non-retail or third-party relationships.
12. ERRORS & OMISSIONS. While the information published on the site is believed to be accurate at the time of publication, the Seller offers this site and the information contained herein without any warranty, express or implied, and is not liable for mistakes, errors or omissions of any kind, nor for any loss or damage caused by a user's reliance on such information. All information is subject to change without notice.
© 2006 Advertising Flag Company. All Rights Reserved