COPYRIGHTS
& TRADEMARKS
By submitting to Promitex.com designs, logos or any other
material for the use in producing the items ordered, you,
the Buyer, warrant and represent that you are the sole,
legal owner or licensee of all rights, and will be accepted
by Promitex.com as being submitted in full compliance
with all applicable laws regarding trademark, service mark,
copyright, right of privacy, patent, or similar protection.
The Buyer agrees at its own expense that it will defend
all suits or proceedings instituted against Promitex.com
in so far as the same are based upon any claim that the
picture, designs, artwork, logos or other materials furnished
by Buyer, or any part thereof constitutes an infringement
or alleged infringement of any patent, trademark, trade
name or trade secret or any similar common law right by
reason of the sale or use of such goods or materials, and
Buyer agrees that it will pay all costs, damages and profits
recoverable in any such suit, and to reimburse Promitex.com
for any and all expenses (including but not limited
to attorney's fees) in connection therewith.
TERMS & CONDITIONS OF SALE
Orders must be prepaid unless credit has been extended.
A credit application will be furnished to Buyer upon request.
Once written approval of an open account is sent to Buyer
by Promitex.com, then payment terms will be Net ten (10)
days, unless otherwise specified. If buyer sells, assigns,
or discontinues his business or refuses and/or fails to
accept delivery of goods ordered, any amount owing becomes
immediately due and payable in full.
Interest of 1½% per month is applied to all invoices
past due and Buyer agrees to pay interest at such rate on
such past due amounts. THIS CHARGE DEVELOPS AN EFFECTIVE
ANNUAL INTEREST RATE OF 18% OR THE MAXIMUM ALLOWED BY LAW.
In the event that collection becomes necessary, all collection
expenses, attorney’s fees and Court costs shall be
paid by the Buyer. Buyer will pay a fee of $ 50.00 or 5
percent of the face amount of the check or preauthorized
charge, whichever is greater, if the check or preauthorized
charge is dishonored.
Buyer acknowledges liability for and agrees to pay all
federal, state and local taxes applicable to goods to be
shipped and amounts to be paid on the order or provide Promitex.com
with an acceptable tax exemption certificate.
UNAVOIDABLE DELAYS
Production and delivery of goods ordered is contingent on
materials and labor being available. Promitex.com shall
not be liable for acts of God, warfare, riots, strikes,
laws, regulations and or other conditions beyond our control.
SHIPMENT
All orders are sold F.O.B. shipping point. Transportation
charges must be paid by the Buyer. Unless a method of shipment
is specified by the Buyer with order, Promitex.com may
select the most appropriate method of shipment. Delivery
to the carrier or forwarder shall be deemed delivery to
the Buyer and Promitex.com shall not be liable for delays
or damage in transit. Claims for any such loss must be made
directly to the carrier by the Buyer.
PRESENTATION OF CLAIMS
Any claim as to quantity, quality, failure to conform to
this sales order, or for any other cause, shall be deemed
waived by the Buyer unless written notice of such claim
is received by Promitex.com within ten (10) days after
receipt of delivery by Buyer. Prior written authorization
from Promitex.com. is required before return of merchandise.
Unauthorized returns will be refused and returned to sender.
MINIMUM ORDER QUANTITY
The minimum quantities allowed are the ones specified in
each product. In the event these quantities exceed your
desired quantities, please contact us and we will assist
you. Additional charges will apply. Please contact us at
info@promitex.com
ORDER CHANGES/CANCELLATION
We will make every effort, upon your request, to change
or cancel your order. If the order has not yet started the
production process, no additional change or cancellation
fees will be applied. In any other event, buyer will pay
all cost incurred to date, and/or a $ 50.00 order cancellation
charge.
WARRANTIES
Promitex.com warrants that the goods will be merchantable
and specifically disclaims all other warranties expressed
or implied from the parties course of dealing, course of
performance hereunder, or from usage of trade, specifically
including disclaiming any warranties that the goods are
fit for any particular purpose. |