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Terms and Conditions
Your purchase of products and or your use of the American Imprints, Inc. Network of web sites (buypromoitems.com,
socalscreenprinting.com, stickers4u.com, faketatoos.com,
advertising-balloons.com.)
are governed by but not limited to the policies, terms, and conditions set forth below. Please read them
carefully. By using these sites and or purchasing products from AI, Inc. 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
and or do not enter an agreement to purchase goods from AI, Inc..
This Agreement shall supercede 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 AI, Inc. AI, 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. Any action by either party
would be settled in the Harbor Municipal Court, Irvine, California.
Cancellations or returns
Any Contract or order may not be
cancelled or returned by the Purchaser unless the Company gives authorization in
writing. If cancellation or return 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 AI, 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 AI, Inc. and its respective owners.
Copyright ©, 2005 AI, 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.
AI, Inc, buypromoitems.com, socalscreenprinting.com,
stickers4u.com and related logos are registered trade names and/or
trade and service marks of AI, 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 AI, Inc..
Delivery
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 AI, 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 buyers 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 AI, 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
AI, 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 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
AI, Inc.s Network of web sites contains information, advice,
text, and other materials (AI, Inc. Information) that are provided
for your convenience and enjoyment. You should be aware that the AI, Inc. Information may contain errors, omissions, inaccuracies, or
outdated information. AI, Inc. makes no representations or
warranties as to the completeness, accuracy, adequacy, currency, or
reliability of any AI, Inc. Information and shall not be liable for
any lack of the foregoing. Descriptions of, or references to,
products or publications within the AI, Inc. Network of web sites
does not imply endorsement of any product or publication. AI, 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.
AI, 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-AI, Inc. web site, please understand that it
is independent from AI, Inc. and that AI, Inc. has no control over
the content on that web site. A link to a non-AI, Inc. web site
does not mean that AI, 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 AI, 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 of goods sold
The title and right of possession of
the goods sold shall remain with AI, Inc. 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 with AI, Inc..
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