1. These terms and conditions apply to all orders and supersede all others. Receipt of acknowledgement, payment of order by you, or agreement to payment terms, constitutes your acceptance that our conditions are the only conditions that apply to the order contract notwithstanding any purported terms put forward by you. Where the term "Company" is used, this will refer to Global Promo, LLC.
2. Payment Terms. Payment is expected in full based on terms offered. Clients can request terms, but approval is subject to Company’s management decision. On all orders requiring full or partial payment, production will not begin until payment is received. Terms can be requested in writing.
3. Passing of Title or Risk. The risk of loss shall pass to you following delivery. All goods, delivered or not, remain the Company’s property until full payment is made. You shall retain such goods separately from other goods and clearly secure them in a way that they can be easily identified as being the Company’s property. In the event of non-payment by you for the goods we will, without any loss of rights or remedy, be permitted to recover from your possession, or you shall deliver to us, those goods belonging to us in accordance with these terms and conditions. You hereby grant us irrevocable right to enter your premise for the said purpose of recovery of our goods.
4. Product Copyright/Trademark Laws. Placing your order you represent that all logo artwork is submitted in full compliance with all applicable laws governing copyright and trademarks and that fulfillment of such order by us and delivery to you will not infringe on the trademark or copyright rights of any third party. By placing the order, you agree to indemnify, defend and hold Global Promo harmless from and against all claims, liabilities, and expenses (including attorney’s fees) arising out of or related to an actual or alleged infringement or misappropriation of any trademark, copyright or any other proprietary right related to such merchandise. This provision remains in effect after the delivery of an order.
5. Prices. Prices quoted on the website are guided prices only subject to verification of order requirements and artwork. Once artwork and order specifications are finalized, an order quotation price will be confirmed.
6. Quotations and Purchase Orders. All orders must be submitted to Global Promo in writing, either through e-mail or fax. All information must be complete before production can start. Production will not begin until virtual proof is reviewed and approved by customer and payment, or terms, arranged. Any delays in submitting a complete Purchase Order will delay processing the order.
7. Delivery and Lead-Times. In-hand dates must be provided on the Purchase Order. If no date is given, orders will be produced and delivery arranged according to regular production times. Every effort will be made to deliver orders on time, but any delivery date or lead-time specified is a best estimate and no liability is accepted for any loss arising from approval of artwork delays, changes to production, or delays or errors in delivery of the goods. Special rush deliveries may be available at an additional cost subject to production requirements.
8. Over / Under Run. Global Promo makes all efforts to produce and ship exact quantities ordered. We also reserve the right to a 3% Over/Under run. In the event that an order falls within the 3% Over/Under, we will bill up to 3% over or credit up to 3% under on your order. If your Purchase Order states no over/under runs will be accepted, then your order may be subject to an exact quantity fee.
9. Color Variations. Due to the variety of materials and imprint processes used, no guarantee can be given to exactly match Pantone numbers or color samples provided. The Company will endeavor to match as best as possible these requests. If no Pantone/PMS match was requested at the time of the order/artwork approval, then the closest stock print color will be used.
10. Shipping. All shipments are designated commercial deliveries by default. Please inform your Global Promo representative in advance if you require a residential delivery. Failure to do so may cause delays in delivery and additional shipping charges. Any changes in shipping information must be submitted at least 2 business days PRIOR to the Company’s ship date. Global Promo cannot guarantee, nor be responsible for, any last-minute changes. If a wrong shipping address is provided, the client is responsible for the costs incurred to correct the shipping address.
11. Change Orders or Cancellation. All changes must be submitted in writing via e-mail or fax. Changes must be confirmed with Global Promo. Change orders might result in additional cost to you. Cancellation may result in a partial or full invoice charge to you if production on the order has occurred. Inquire at the placement of your order regarding cancellation fees, if any. Cancelled orders will be charged any costs incurred prior to the date of cancellation including, but not limited to, art, screen, shipping and merchandise.
12. Claims Procedure. Claims arising from damage to goods, or partial loss must be made in writing with 48 hours of delivery. You must inspect goods upon delivery . Global Promo will not be subject to liability for goods not inspected and for failure to communicate about loss or damage within 48 hours of delivery. The Company shall not be held liable for any loss or damage caused to the goods in transit unless loss or damage is noted at the time of delivery. Claims of non-delivery must be made in writing within 4 days of the intended delivery date.
13. Return Policy. If there is a defect in the imprinting, product quality or data load, please call our customer service staff to arrange for a return. All returns must be pre-approved before shipping back to Global Promo. No returns will be accepted for custom orders if production was accomplished according to the PO and proof.
14. Overdue Payments. Interest of 5% will be charged on outstanding payments for overdue accounts. In the event Global Promo incurs attorney fees and costs related to the sale of products to you including, but not limited to collect payment for an overdue account, you shall be responsible, in addition to the amount due for the products, for all attorney fees and costs incurred in pursuing collection, whether or not litigation was instituted.
15. Governing Law. This agreement, including the sale of the products to you shall be governed by the laws of the State of California, whose courts shall have jurisdiction over you in any action related to the goods sold to you. Venue for any lawsuit shall be Los Angeles County. You expressly agree to submit to the jurisdiction of the courts of Los Angeles County.
16. Product Warranty. All our products are guaranteed against defects for 1 year. Global Promo can replace defective products or issue a credit. We reserve the right to replace defective products with credit or no imprint.
17. Limitation of Liabilities. Global Promo is not responsible for delays or non-delivery of orders due to factors beyond our control including, but not limited to, acts of God, carrier delays, severe weather, terrorism, or other unforeseen circumstances. Orders affected by the aforementioned situations are not covered under Global Promo’s warranty, claims, and return policies. Our top priority is the safety and well-being of our employees and contractors, as well as providing the highest level of service to our customers. In the event of uncertainty, shipments will be secured in one of our facilities. Delivery of product will be attempted when it is safe to do so.