PROGRESSIVE PROMOTIONS, INC.
Terms & Conditions
rev. June 2015
ARTWORK REQUIREMENTS:
The quality of your imprint depends upon the quality of artwork supplied to Progressive Promotions, Inc. (“PPI”). All orders requiring artwork must be sent in high resolution vectored (EPS) files with any fonts converted to outlines. Art sent to us as Gif files, Page layout files such as Quark or Pagemaker, Word processing documents such as MS Word/Power Point, Photocopies or PMT’s of photocopies, business cards, letterheads, fax transmissions, etc. are too low of a quality to ensure you a quality imprint.
If you are unable to provide art in the required format, PPI will convert your art for you. Art charges will be assessed according to time, difficulty and amount of materials used at $40.00 per hour. Notification will be sent if charge exceeds $40.00.
NOTE: All artwork received will be maxed out to our imprint area unless otherwise specified on your artwork and P.O.
NOTE: OUR DELIVERY SCHEDULE MAY DEPEND ON THE QUALITY OF THE ARTWORK SUBMITTED AND UPON ANY CHANGES MADE TO THE ARTWORK ONCE THE ORDER HAS BEEN WORKED ON.
Please Note: Artwork with tight registration, halftones, screen tints and/or bleeds must be reviewed by our Art Department for approval. Avoid very fine lines, both in type and illustrations.
CANCELLATION CHARGES:
Orders cancelled during production will be charged for the work completed at the time of cancellation.
CHANGES TO AN ORDER:
Any changes made to an order after confirmed must be received in writing. Note: Changes may delay shipments and charges may apply.
COLOR, SIZE AND DYE LOT VARIABILITY:
Due to variances of materials and other circumstances beyond our control, PPI cannot guarantee continuity of shade, color, size, texture or construction of finished goods from lot to lot. Due to manufacturer tolerances, all dimensions have acceptable variations of ½”. 100% cotton fabric colors are not guaranteed to be colorfast.
COPYRIGHT/TRADEMARK LAWS:
By providing Progressive Promotions with artwork you are affirmatively stating that all artwork submitted for reproduction does not violate any laws governing copyright, trademark or other laws intended to protect the owner of the artwork and further that Purchaser has all necessary permissions to use the artwork in producing the order submitted. Purchase agrees to hold PPI harmless for any actual or alleged infringement, violation or misappropriate use of the artwork provided by the Purchaser including all damages and legal fees resulting from the use of the artwork. Purchaser further agrees not to seek reimbursement from PPI for any of Purchaser’s damages, costs or legal fees in connection with the actual or alleged improper use of the artwork submitted by the Purchaser.
COUNTRY OF ORIGIN:
Country of origin marking may be molded or imprinted onto the products. This is a federal requirement.
CREDIT AND PAYMENT TERMS:
Credit terms may be offered in PPI’s sole discretion subject to satisfactory credit worthiness of the Purchaser. Where credit is offered, payment shall be due within 30 days of the date of invoice, unless otherwise agreed upon in writing. In cases where credit is not offered, full payment will be required before production and release of goods.
FORCE MAJEURE:
PROGRESSIVE PROMOTIONS CANNOT BE HELD RESPONSIBLE FOR FAILURE TO FULFILL A DELIVERY COMMITMENT AS A RESULT OF SITUATIONS BEYOND OUR REASONABLE CONTROL. THIS INCLUDES, BUT IS NOT LIMITED TO OCCURRENCES SUCH AS: NATURAL DISASTERS (I.E. HURRICANES, FLOODS), LABOR STRIKES, CONGESTION AT PORTS OF ENTRY, US CUSTOMS / HOMELAND SECURITY HOLDS AND DELAYS, OR FAILURE OF SUBCONTRACTORS TO PERFORM. PROGRESSIVE PROMOTIONS WILL PROVIDE WRITTEN DOCUMENTATION IN SUPPORT OF ANY FORCE MAJEURE OR COMMERCIAL IMPRACTICABILITY CONDITION UPON REQUEST.
INDEMNIFICATION:
Purchaser will indemnify, defend and hold PPI and all of its direct and indirect officers, directors, employees, agents, successors and assigns harmless (each, an “Indemnified Person”) from any and all losses, liabilities, damages (including taxes), and all related costs and expenses, including reasonable legal fees and disbursements and costs of investigation, litigation, settlement, judgment, interest and penalties (collectively, “Losses”), and threatened Losses due to, arising from or relating to third party claims, demands, actions or threat of action (whether in law, equity or in an alternative proceeding) arising from or relating to: (a) Purchaser’s actual or alleged breach of any warranties herein; (b) any actual or alleged infringement, violation or misappropriation of the Intellectual Property Rights of any third person by (i) any Deliverables provided by PPI or (ii) a Recipient’s use of those Deliverables; (c) Purchaser’s actual or alleged breach of any of the confidentiality or privacy provisions in this Agreement; (d) fraud, negligent, willful or reckless acts or omissions of or by Purchasers or Purchaser’s personnel, or (e) death, bodily injury, personal injury or property damage caused by Purchaser or Purchaser’s personnel or incurred during the performance of the Services (each, an “Indemnified Claim”). No settlement or compromise that imposes any liability or obligation on any Indemnified Person will be made without the Indemnified Person’s prior written consent (not to be unreasonably withheld).
LIABILITY LIMITATION:
In the event of a defect in material or workmanship, PPI will replace the goods, F.O.B. point of shipment or refund the purchase price for the merchandise at PPI’s sole discretion, provided that a written claim is received within 10 days from the shipment date. PPI’s liability shall not in any event exceed the cost of furnishing a replacement for the defective product.
PPI SHALL NOT BE LIABLE TO THE PURCHASER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES, INCLUDING LOST PROFITS, REGARDLESS OF THE FORM OF THE ACTION OR THEORY OF RECOVERY, EVEN IF THE PURCHASER HAS NOT BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
OVERRUNS AND UNDERRUNS:
Orders may be subject to overruns or underruns of up to 5% (for plastic bags this figure is 35%). Charges for overruns will be added to the customer’s invoice. Orders specifying exact quantities may be available; additional charges may apply.
PRICING:
Pricing is based on a variety of factors and is subject to change. Prices of custom orders will be detailed on your Sales Order and subject to your confirmation prior to production. Invoices will reflect Sales Order pricing or current web store published prices and will not be adjusted to reflect any previously offered pricing.
PRODUCT REPRESENTATIONS:
Every effort will been made to ensure all product images, proofs and virtual proofs are accurate and true to the product. However, due to changes in stock, screen color variations and other factors, small variations in images and virtual proofs are to be expected and will not result in credits.
PRODUCTION TIME:
Depending on the item, Production Time for domestic products is approximately 7-10 business days following PPI’s receipt of Purchaser’s approval of the proof. These do not include transit times. Please allow adequate time to provide proofs, both virtual and product, in addition to production and shipping times to meet your required in-hands date.
PAYMENT:
All transactions are processed in US Dollars and payment must be made in US Dollars. Any payment made in any other currency will be subject to a bank currency conversion adjustment. Note: The exchange rate can fluctuate from day to day.
REGISTRATION:
A registration variance of ±1/32″ may occur with multiple colors and must be considered acceptable registration.
REORDERS:
To insure exact duplication, submit the previous order number. If previous order included an art, die or screen charge, but a change of copy is needed on the new order, it will be necessary to charge a new art, die or screen charges on the new order. Exact imprint and product color cannot be guaranteed on repeat orders. Re-setup charges may apply.
RETURN OF GOODS:
Since PPI offers made-to-order goods, we do not issue refunds once the order is produced and the product is sent.
PPI realizes that exceptional circumstances can take place with regard to the character of the product PPI supplies. Therefore, PPI, in its sole discretion, will honor requests for the refunds for defective or damaged merchandise, provided these requests are made within ten business days of receipt of the merchandise.
Please contact your customer service representative for return instructions.
RUSH ORDERS:
Orders requiring less than normal production time must be clearly designated, and AIR SHIPMENT must be authorized. Orders needing delivery in less than 10 working days MUST HAVE AUTHORIZATION before being accepted, and a rush charge will apply.
RUSH SERVICE TERMS:
- Subject to inventory availability
- Order must state “rush”
- Customer’s account must be in good standing
- No proofs – customer acknowledges that by waiving the pre-production proof, customer accepts full responsibility for any misrepresentations that may occur in product or decoration
SET UP CHARGES:
Set up charges and re-set up charges, where applicable, will be detailed in each Sales Order.
SHIPPING:
PPI’s primary carrier is UPS. If Purchaser requests a different shipping method and your order cannot make their cut-off time, we will ship UPS and invoice for shipping. If no carrier is specified on your order, UPS Ground will be used.
PPI is not responsible for delays or damages en route. Air shipments must be requested for specific delivery dates. Since the factory has no control after shipments have been turned over to the freight carrier, specific delivery dates cannot be guaranteed. Invoiced shipping charges include a fee for handling and insurance.
SHIPMENTS:
Export Shipments. Many Goods that have been imported into the U.S. cannot be exported to other countries. PPI will make commercially reasonable efforts to ensure that products presented meet import requirements, however we are not responsible for customs holds or other import delays. All orders for export requiring documentation will be billed at the rate of $100.00 per set of papers. When special packaging is specified, an additional charge will be levied. Please identify your customs broker.
Drop Ship Fees: Orders shipped to more than one destination are subject to a charge of $10.00 for each additional destination.
Third Party Shipping: If Purchaser’s order is shipped via any carrier on your account, any claims concerning delayed merchandise must be made directly to your carrier. PPI’s responsibility ceases once the merchandise is delivered to the carrier.
C.O.D. Shipping is Not Available.
SPOILAGE AND QUALITY CONTROL SHORTAGE POLICY:
Progressive Promotions Quality Assurance (PPQA) inspects products prior to shipment to ensure orders are free of defects. On rare occasions, some manufacturing or decorating methods can create damage on items and PPQA reserves the right to reject these items from any shipment in order to have them reproduced. In such cases, delivery of the reproduced items will be delayed.
TAXES:
Unless the Customer provides PPI with a valid and applicable exemption certificate within a commercially reasonable time, Customer will reimburse PPI for sales, use, excise, services, consumption and other taxes or duties that the Supplier is permitted or required to collect and which are assessed on the purchase, license and/or supply of Deliverables and for which PPI invoices the Customer. PPI will be responsible for remitting applicable taxes.
WAIVER:
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
WARRANTY:
PPI warrants only that goods shall be free from material defects on the delivery date, provided you store and handle the delivered goods in such a manner that meets or exceeds the storage and handling procedures utilized by PPI.
Any misuse, improper handling, storage, use, modification or alteration of the Goods by any third party shall void the forgoing warranty.
You shall remain entirely responsible for any shipments by you or your company for purposes of returning defective products or packages hereunder to PPI, and for all risk of loss or damage during shipment.
SEVERABILITY:
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
GOVERNING LAW:
The validity, performance and all matters relating to the interpretation and effect of these Terms and Conditions shall be governed by the law of the State of New Jersey, United States of America, excluding its conflict of law rules. Any matter shall be brought in the state courts of New Jersey. The parties hereby consent to the jurisdiction of these courts and waive any objection.
MISCELLANEOUS:
Any use of, or reference to the terms: PPI; our; ours; we; or us herein shall be intended to mean Progressive Promotions, Inc. Any use of, or reference to the terms: Purchaser; Purchaser’s; you; your; or yours; herein shall be intended to mean the entity purchasing promotional products from PPI.