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TERMS AND CONDITIONS

 

THESE TERMS AND CONDITIONS ARE INTENDED TO CONFORM WITH THE ACCEPTED TRADE CUSTOMS OF THE SPECIALTY ADVERTISING INDUSTRY AND ARE BINDING UPON THE PARTIES TO THIS TRANSACTION.

  • 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.
  • Acceptance of this order is expressly limited to the terms and conditions set forth in this order form. Any terms and conditions contained in Customer’s confirmation of this order which are inconsistent with this order are null and void. Customer’s acceptance of the goods tendered under this agreement shall be deemed to be final and irrevocable.
  • All purchase orders issued and executed by Customer represent full for production of merchandise on this form order. Once Seller has received said purchase order, Customer is bound to all terms and conditions of Seller.
  • Due to the nature of the various materials we use, we cannot guarantee exact PMS color matches.
  • Seller has the right to determine what is camera-ready artwork. Normal set-up and screen charges apply to camera-ready artwork only. Extra charges may be incurred for artwork which is not camera-ready. Art charges will be billed at a rate of $50 per hour (subject to change without notice) on designs for buildings, statues, sports art, etc. Seller shall provide Customer a copy of art for final approval. Art approval from Customer is required on all custom orders before production will begin.
  • 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.
  • All orders subject to the approval of Seller’s home office. Seller’s representatives have no authority to collect cash or incur any indebtedness on behalf of Seller. Remittance shall be made payable only to the Seller and, with the exception of deposits, shall be delivered only to the Seller’s home office.
  • Prices, terms, and availability of merchandise subject to change without notice.
  • As it is not always possible to imprint the exact quantity ordered, it is agreed by the customer that an overrun or underrun of not more than 10% of the ordered merchandise at the indicated price is acceptable as fulfillment of this order.
  • All transaction charges associated with this orders are to be paid by Customer. The responsibility to the Seller ceases when goods have been delivered to 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.
  • 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% APR).
  • It is agreed by the Customer that shipments may be made earlier than the date specified hereon, 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.
  • 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, act of God, riots, warfare, government laws or regulations, or any other condition beyond the control of the Seller.
  • Customer, for the purpose of inducing Seller to extend credit, represents that Customer, is not insolvent as that term is defined in applicable state and federal laws.
  • 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 Customer; or upon Customer’s refusal to accept the goods from the carrier.
  • In an 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.
  • In the event any legal action is necessary for the collection of the amounts 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.
  • 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 17 above.
  • In the event of any breach or repudiation of the government by Seller, Customer shall not be entitled to recover any incidental damages as that term is defined in the Uniform Commercial Code.