|
Terms and Conditions
Your use of the AMA, Inc. Network of web sites (AMA,
Inc.,
AdSpecialtyItems.com
Advertising-Balloons.com,
buypromoitems.com,
faketatoos.com,
SchoolShirt.com,
SoCalScreenPrinting.com,
stickers4u.com.,
TeamSportsUniforms.com ) is governed by the
policies, terms, and conditions set forth below. Please
read them carefully. By using these sites you indicate
your acceptance of, and agreement to be bound by, the
terms and conditions set forth below (also referred to
as this "Agreement"). If you do not agree to
these terms and conditions, please do not use these
sites. This Agreement shall supersede any prior or
subsequent terms or conditions included with any
communications, agreement, purchase order, or invoice,
whether or not such terms or conditions are signed by
AMA, Inc. AMA, Inc. reserves the right to make changes
to the Network of sites and to these terms and
conditions at any time. Any such modifications will
become effective upon the date they are first posted to
the sites.
Attorney's Fees
If any action at law or
in equity, including an action for declaratory relief,
is brought to enforce or interpret the provisions of
this agreement, the prevailing party shall be entitled
to reasonable attorney fees, which may be set by the
court in the same action or in a separate action for
that purpose, in addition to court cost and any other
relief to which the prevailing party may be entitled.
Cancellations
Any Contract or order may
not be cancelled by the Purchaser unless the Company
gives authorization in writing. If cancellation is
approved by the Company it will be based upon payment of
reasonable overhead expenses and profits.
Copyright and Trademark Notice
All screens appearing on the AMA, Inc. Network of web
sites including graphics, text elements, site design,
logos, images, and icons, as well as the selection,
assembly, and arrangement thereof, are the sole property
of AMA, Inc. and its respective owners. Copyright ©,
2008 AMA, Inc., unless otherwise specified. All rights
not expressly granted herein are reserved. Except as
otherwise required by applicable law, any reproduction,
distribution, modification, retransmission, or
publication of any copyrighted material is strictly
prohibited without the express written consent of the
copyright owner.
AMA,
Inc.,
AdSpecialtyItems.com
Advertising-Balloons.com,
buypromoitems.com,
faketatoos.com,
SchoolShirt.com,
SoCalScreenPrinting.com,
stickers4u.com.,
TeamSportsUniforms.com and related logos are
registered trade names and/or trade and service marks of
AMA, Inc. All other marks, names, and logos mentioned
herein are the property of their respective owners.
Trademarks may not be used in connection with any
product or service that is not in any manner that is
likely to cause confusion among customers, or in any
manner that disparages or discredits AMA, Inc..
Shipping
& Delivery
Shipping charges are the
customers responsibility. Shipping 1000 pieces UPS
ground in the continental US is approximately $10.00 to
$12.00.
Shipping charges for larger orders, or orders shipped
other than UPS ground will be figured at the time that
the order is placed. Generally, we ship via UPS or FedEx
ground . Upon request, Next Day, 2 day, or 3 Day select
services can expedite shipment. All shipments are
insured. Shipping charges reflect the delivery service
requested.
Due/Delivery dates are estimates and are based upon
prompt receipt of all art, camera work, articles to be
printed, and any necessary information.
The Company shall not be
liable for delays due to causes beyond its reasonable
control such as the acts of God, acts of the Purchaser,
acts of civil or military authorities, priorities,
fires, strikes, floods, epidemics, Quarantine
restrictions, war, riots, delays in transportation, car
shortages, and inability due to reasons beyond its
reasonable control, to obtain necessary labor, material,
or manufacturing facilities. In the event of any such
delay, the date of delivery shall be extended for a
period equal to the time lost by reason of the delay.
Claims: Claims for goods
shipped via UPS should be submitted to AMA, Inc. for
review. We must be notified within 5 days from receipt
of the UPS shipment. You must retain possession of the
goods relating to the claim as UPS reserves the right of
inspection. All goods shipped via common carriers(s) are
shipped at the buyer’s risk, and all claims must be
made against the carrier. We do not insure on-time
delivery or safe carriage of goods. Recourse rests
exclusively with the transportation company. Claims for
freight adjustments, breakage, concealed damages and
delays in transit must be filed with the carrier within
5 days. Unless otherwise requested, all goods will be
shipped at a released value "not to exceed"
$.90 per lb. If the customer wishes to add insurance to
the shipment for the actual value of the contents it
must brought to the attention of the Company at the time
of ordering. Any claims paid by the transportation
company would be based upon this value. Title to the
goods passes to the buyer from the point at which said
goods are shipped.. Deductions from your invoice for
breakage or shortage are not authorized. Any such
claims will be made to AMA, Inc. within 5 days of
delivery.
Disclaimer and Limitation of Liability
THE INFORMATION, PRODUCTS, SERVICES OR OTHER
MATERIALS ON THE AMA INC. NETWORK OF SITES ARE PROVIDED
"AS IS" WITHOUT ANY EXPRESS OR IMPLIED
WARRANTY OF ANY KIND INCLUDING WARRANTIES OF
MERCHANTABILITY, NO INFRINGEMENT OF INTELLECTUAL
PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO
EVENT SHALL AMA BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION)
ARISING OUT OF THE USE OR INABILITY TO USE THE
MATERIALS, EVEN IF AMA HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS
PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU TO THE EXTENT SUCH LIMITATION IS
APPLICABLE. AMA FURTHER DOES NOT WARRANT THE ACCURACY OR
COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS
OR OTHER ITEMS CONTAINED WITHIN THE AMA INC. NETWORK OF
SITES. AMA MAY MAKE CHANGES TO THESE MATERIALS AT ANY
TIME WITHOUT NOTICE. AMA MAKES NO COMMITMENT TO UPDATE
THESE MATERIALS.
Governing Law/Venue
The validity of this agreement and of its terms or
provisions, as well as the rights and duties of the
parties hereunder, shall be interpreted and construed to
and in accordance with the laws of the State of
California.
Any action at law or equity concerning this agreement
and any of its terms or provisions, brought by either
party, shall be venued in the Harbor Judicial District
in Irvine, California.
Packing
Prices of all goods do not include any allowances for
special packing/crating/handling or insurance charges.
The Purchaser assumes all responsibility for these
charges as shown on the Company's invoice.
Price & Design
Prices, specifications, and designs, are subject to
change without notice. Unless stated otherwise in
writing.
Price lists, catalogs and online pricing are intended
for distribution of general information and are not
quotations or offers to sell on the part of the Company.
Quotations
Written quotations are subject to change without
notice and become void unless accepted by the purchaser
within 15 days. Oral quotations are given for estimating
purposes only and are not valid unless confirmed in
writing by the Company.
Replacement of Defective
Material
AMA, Inc. agrees to correct and shall have the right
to correct by repair or replacement at our own expense
at our option, any defects in said goods which is due to
Company fault or negligence of the Manufacturer of the
goods. Provided the Purchaser inspects the goods upon
delivery and notifies the Company within 72 hours of
delivery as to the defect. The Company shall have the
right to inspect the goods prior to making any decision
on such defects. When inspection proves the claim, and
provided further that during said period said goods are
properly cared for. The correction of such defects by
repair or replacement by the Company shall constitute
fulfillment of all our obligations to the Purchaser.
Sales and
Similar Tax
The Company's prices do not include sales, use,
excise or similar taxes. Consequently, in addition to
the price specified, the amount of any present or future
sales, use excise or similar tax applicable to the sale
of the goods shall be paid by the Purchaser, or in lieu
thereof the Purchaser shall provide the Company with a
tax exemption certificate (resale number) acceptable to
the taxing authorities.
Site Content and Information
AMA, Inc.’s Network of web sites contains
information, advice, text, and other materials (AMA,
Inc. Information) that are provided for your convenience
and enjoyment. You should be aware that the AMA, Inc.
Information may contain errors, omissions, inaccuracies,
or outdated information. AMA, Inc. makes no
representations or warranties as to the completeness,
accuracy, adequacy, currency, or reliability of any AMA,
Inc. Information and shall not be liable for any lack of
the foregoing. Descriptions of, or references to,
products or publications within the AMA, Inc. Network of
web sites does not imply endorsement of any product or
publication. AMA, Inc. is not engaged in rendering
legal, accounting, or other similar advice or
professional services. If legal advice or other expert
assistance is required, the services of a competent
professional should be sought.
AMA, Inc. makes no representation whatsoever
regarding the content of any other web sites which you
may access from web sites. When you access a non-AMA,
inc. web site, please understand that it is independent
from AMA, Inc. and that AMA, Inc. has no control over
the content on that web site. A link to a non-AMA, Inc.
web site does not mean that AMA, Inc. endorses or
accepts any responsibility for the content or use of
such web site.
Terms of Payment
Pre-payment terms for all
others unless specified in writing by AMA, Inc..
Payments methods that are acceptable COD CASH ONLY or on
VISA/Mastercard/American Express. Checks and NET terms
are given to accounts with prior credit approval.
Accounts with past due balances will be placed on credit
hold. COD accounts may not have drop shipments without
prior approval from the Company. COD orders must have
verbal or written (faxed) authorization on dollar amount
before order will ship. Prices and discounts/specials
are subject to change without prior notice. 2% interest
(24% per annum) will be charged on overdue balances.
This amount is retroactive to the delivery date if
payment is not made in the prescribed amount of time.
Purchaser agrees to pay the cost of collection on past
due invoices, reasonable court costs and attorney's fees
as a result of any legal action taken to collect on
overdue invoices.
Title
The title and right of
possession of the goods sold shall remain with the
Company and such goods shall remain personal property
until all payments (including deferred payments whether
evidenced by notes or otherwise) shall have been made in
full in cash and the Purchaser agrees to do all acts
necessary to perfect and maintain such right and title
in the Company.
|
