Order Change/Cancellation:
Change/Cancellation by You Before the Pre-Production
Phase Begins: You can change or cancel your order without incurring a
change or cancellation fee in most cases. For a change order, the pricing may
change from the original quote depending on your new requirements.
Change/Cancellation by You During the Pre-Production
Phase: You can change or cancel your order, PROVIDED that you will be
required to pay us all applicable charges (such as an art preparation charges,
samples) incurred for all preparation work done up to your change or
cancellation, plus any change or cancellation fee that may be charged by our
supplier (which will be passed through to you). For a change order, the pricing
may change from the original quote depending on your new requirements.
Change/Cancellation by You After the Production Phase
Begins: IF YOU CANCEL YOUR ORDER, YOU WILL STILL BE OBLIGATED TO PAY
THE FULL ORIGINAL AMOUNT QUOTED FOR YOUR ORDER. IF YOU CHANGE YOUR ORDER, YOU
WILL BE OBLIGATED TO PAY THE FULL ORIGINAL AMOUNT QUOTED FOR YOUR ORDER, PLUS
ANY ADDITIONAL AMOUNT DUE TO YOUR REQUESTED CHANGES.
Cancellation by Us Due to Shipment Delay: If,
through no fault of yours, we are unable to ship your order by the shipment
date that we have expressly and affirmatively confirmed to you in writing, we
will promptly notify you of the situation and propose an alternative shipment
date for your consideration. If you affirmatively accept our proposed
alternative shipment date, the new date will supersede and replace the
previously confirmed shipment date. If you do not accept our proposed
alternative shipment date, we will cancel your order and issue a refund to you
for the amount you previously paid for the canceled order.
Cancellation by Us for Other Reason: We reserve
the right to cancel your order at any time for any reason upon written notice
to you. In such case, we will issue a refund to you for the amount you
previously paid for the canceled order.
Shipping Terms- We shall not be bound by any shipping date requested by you unless we expressly and affirmatively accept such date in writing. Unless
expressly stated, all shipping dates provided by us are ESTIMATES
ONLY. We reserve the right to ship your order earlier than the date specified.
We also reserve the right to make partial shipments with respect to an order.
You agree that partial shipments will be separately invoiced and paid for when
due, without regard to subsequent shipments.
Unless
expressly otherwise stated, all orders will be shipped F.O.B. from our supplier’s
loading dock. Title and risk of loss and damage will pass to you when the goods
are put into the possession of the freight carrier for delivery to you, at which
point our responsibility for loss and damage to the goods shall terminate. All
claims for loss or damage during transit must be made to the freight carrier.
Our
standard carriers are UPS and Federal Express. We offer Ground, Next Day Air
Saver and 2nd Day Air. If you require additional options, please contact
Customer Service. If you prefer to use your shipping account, we can
accommodate this and there is usually a handling fee.
Unless
expressly otherwise stated, all orders will be shipped F.O.B. from our supplier’s
loading dock. Title and risk of loss and damage will pass to you when the goods
are put into the possession of the freight carrier for delivery to you, at which
point our responsibility for loss and damage to the goods shall terminate. All
claims for loss or damage during transit must be made to the freight carrier.
Returns and Refund Policy-
Products that have been used or have been damaged
while in your possession are not returnable for replacement or refund.
All returns are subject to the following requirements:
You must request a Return Authorization from us before
making a return; DO NOT ship products you wish to return until you receive
instructions from Customer Service.
(ii) Unless expressly otherwise
approved in writing by Customer Service, all products returned must be in their
original packaging and must be in the same original condition as
shipped; and
(iii) Products that have been used
or have been damaged while in your possession are not returnable for
replacement or refund.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE
REMEDY FOR DEFECTIVE PRODUCTS WILL BE, ENTIRELY AT OUR ELECTION, (I)
REPLACEMENT OF THE PRODUCTS AT NO COST TO YOU OR (II) A REFUND OF THE PURCHASE
PRICE PAID BY YOU.
No Warranties: BY MAKING A PURCHASE FROM US, YOU EXPRESSLY
ACKNOWLEDGE AND AGREE THAT ALL PRODUCTS ARE SOLD “AS IS,” WITHOUT WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE
EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, AND WARRANTIES OF TITLE AND NON-INFRINGEMENT. WE NEITHER MAKE NOR
ASSUME, AND DO NOT AUTHORIZE ANY OTHER PERSON TO MAKE OR ASSUME, ANY
OBLIGATION, LIABILITY OR WARRANTY IN CONNECTION WITH ANY PRODUCTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
Limitation of Liability:
BY MAKING A PURCHASE FROM US, YOU EXPRESSLY ACKNOWLEDGE AND
AGREE THAT IN NO EVENT SHALL WE BE LIABLE UNDER CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT,
INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING,
WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, LOSS OF SALE, LOSS OF DATA OR
INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING
FROM OR IN CONNECTION WITH: (I) ANY PRODUCTS YOU PURCHASE FROM US, OR YOUR USE,
CONSUMPTION, RESALE OR FURTHER DISTRIBUTION OF SUCH PRODUCTS, OR ANY DEFECTS IN
SUCH PRODUCTS; (II) OUR FAILURE TO FILL YOUR ORDER IN WHOLE OR IN PART, OR ANY
ERROR IN OUR FILLING OF YOUR ORDER; OR (III) ANY DELAY IN PRODUCTION, SHIPMENT
OR DELIVERY OF YOUR ORDER, OR OUR FAILURE TO NOTIFY YOU OF SUCH DELAY;
REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
BY MAKING A PURCHASE FROM US, YOU FURTHER EXPRESSLY
ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL OUR TOTAL AND AGGREGATE LIABILITY
TO YOU FOR ANY AND ALL CLAIMS RELATING TO YOUR PURCHASE OR USE OF ANY PRODUCTS,
EXCEED THE TOTAL AMOUNT ACTUALLY PAID, IF ANY, BY YOU TO US FOR SUCH PRODUCTS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
General Terms
Indemnification by You: BY USING THE SITE, YOU AGREE TO
DEFEND, INDEMNIFY AND HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
ACCOUNT EXECUTIVES, SALES REPRESENTATIVES, SUPPLIERS, AND FULFILLMENT PARTNERS
HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, SUITS, ACTIONS,
PROCEEDINGS, JUDGMENTS, ORDERS, DAMAGES, LIABILITIES, PENALTIES, LOSSES, COSTS
AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES AND COURT COSTS)
(COLLECTIVELY “CLAIMS“) ARISING FROM OR IN CONNECTION WITH: (I) YOUR USE OR
MISUSE OF THE SITE OR ANY SITE CONTENT; (II) ANY USER MATERIAL FURNISHED BY
YOU; (III) YOUR USE, MISUSE, RESALE OR FURTHER DISTRIBUTION OF ANY PRODUCTS YOU
PURCHASE FROM US; OR (III) YOUR BREACH OR VIOLATION OF ANY OF THESE TERMS OF
USE OR ANY APPLICABLE LAW.
WE ARE ALWAYS AVAILABLE BY PHONE 800-774-9333 OR VIA E-MAIL @ SALES@POWERPROMOTIONSINC.COM