Custom Tags, Labels, Patches, Fabric Tape, Leather, Heat Transfers and more

Terms & Conditions

TERMS & CONDITIONS

PRICE: All prices are FOB from Trim Element’s warehouse and/or manufacturing factory which will be determined for each individual quote unless otherwise agreed to in writing and signed by an authorized employee of TrimElements.com. Orders shall be fulfilled at the published price in-effect on the date that the order is submitted and entered, or at the price stated in prior written quotes by an authorized employee of TrimElements.com. Published prices are subject to change without notice.

OPEN ACCOUNT TERMS: The full amount of the invoice is due and payable within 30 days following the shipping date. Invoices not paid within 30 days shall thereafter incur a monthly service charge at the rate of one (1) percent per month on the unpaid balance until paid in full. If, in the opinion of TrimElements.com, the purchaser’s financial condition, payment performance, or supporting documentation do not justify open account terms, TrimElements.com thereby reserves the right to revoke the customer’s NET credit terms and require advance payment (pre- payment).

QUOTES: Quoted prices must be submitted in writing under the signature of an authorized employee of TrimElements.com. All bids are considered void after sixty (60) days, unless otherwise specified in writing by TrimElements.com

ACCEPTANCE: TrimElements.com reserves the right to refuse any order, including those made in response to quotes, due to availability of materials, factory workload at the time of order, and/or any other unforeseen circumstance(s).

QUANTITIES SHIPPED AND BILLED: On all orders for CUSTOM and STANDARD goods, it is agreed that TrimElements.com shall have the right to ship and bill for 10% over (or) 10% under the customer’s original ordered quantity and any such order shall be deemed complete at the time of shipment.

SHIPMENTS: Title and risk of loss to all products purchased shall pass to the purchaser upon shipment by TrimElements.com to a common carrier, regardless of the freight terms stated in the order or the method of payment for transportation charges. TrimElements.com reserves the right to specify the carrier and routing instructions on all shipments.

INSURANCE: TrimElements.com reserves the right to insure all shipments to the value of the order and thereafter bill the purchaser for the added cost. Payments made to TrimElements.com Inc. as a result of claims shall be posted to the account of the CUSTOMER billed for the insurance.

TAXES: The amount of any present or future Federal, California, State, or Local California taxes applicable to the sale of TrimElements.com products shall be added to the price and paid by the PURCHASER unless the PURCHASER provides TrimElements.com with a valid exemption certificate acceptable to TRIMELEMENTS.COM and the appropriate taxing authority. TrimElements.com does not collect sales tax in states other than California. It is therefore agreed by the PURCHASER that the PURCHASER shall assume responsibility for payment and reporting of all taxes to their local, state, and federal government agencies as required by law.

FEES: Products sampled and not produced will incur a $150 sampling charge. There will be a $25 fee charged for any returned check payment. A $25 fee will be charged on any credit card dispute/chargeback payment.

RETURNS: Products sold by TrimElements.com are returnable only after receipt of written authority from TrimElements.com Inc.

CANCELLATION: Orders cannot be cancelled except upon terms that will fully compensate TrimElements.com against any loss resulting from work already accomplished or from the purchase of special materials essential to the order. Order cancellation requests must be made in writing and require approval by TrimElements.com before any cancellation may be granted. A 50% deposit shall be charged on the entire order at the time of sampling. If a cancellation occurs, the deposit will be refunded less any sampling and shipping charges.

WARRANTY: All statements, technical information and recommendations about TrimElements.com products are based upon tests made by raw material suppliers or TrimElements.com and are believed to be reliable but do not constitute a guarantee or warranty. All TRIMELEMENTS.COM products are sold with the understanding that the PURCHASER has independently determined the suitability of each product for its purposes. TRIMELEMENTS.COM products are warranted to be free from defects in material and workmanship for a period of one (1) year from the date of shipment. Any product shown to the satisfaction of TrimElements.com within the time provided to be so defective, shall be replaced without charge or TrimElements.com may issue a credit in such amount as is deemed reasonable. However, in no event shall TrimElements.com be responsible for claims beyond the replacement value of the defective product or in any way liable or responsible for consequential or incidental damages. It is agreed and understood that the degree of detail and perfection expected in the production of TRIMELEMENTS.COM products shall be no greater than that which is normally achieved in the trim industry. As all TrimElements.com products are manufactured and tested to be of suitable quality before shipment is made, if an error is made by the PURCHASER or ASSEMBLIER, then TRIMELEMENTS.COM shall not be held responsible. The following are 2 main examples, of this point:

(Example #1): All ‘heat transfers’ produced and sold by TRIMELEMENTS.COM have been tested on the appropriate heat applied machines and it is TrimElements.com policy to insure a quality product to its customers, when the product is applied correctly. The correct heat temperature, transfer time, and applied pressure, along with the appropriate machinery, must be used in order to achieve a quality assembly to the PURCHASER’S products.

(Example #2): Any ‘metal products’ which are produced and sold by TrimElements.com, may not be tampered with or modified in any unsuitable manner which may cause harm or destruction to the product’s integrity such as using special dyes or chemicals or improper installation methods. TrimElements.com will not be held responsible for any loss or damage due to improper use, application, or modification (example: indigo dyes, stonewash dyes, and acid dyes to name a few).

NO WARRANTY, NEITHER EXPRESS NOR IMPLIED SHALL APPLY TO ANY PRODUCTS SOLD BY TRIMELEMENTS.COM INC. BE IT MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR USE, OR OTHERWISE, EXCEPT AS SET FORTH ABOVE (WHICH IS MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES). TRIMELEMENTS.COM INC. SPECIFICALLY DISCLAIMS AND EXCLUDES ALL OTHER SUCH WARRANTIES. NO WAVIER, ALTERATION, ADDITION OR MODIFICATION OF THE FOREGOING CONDITIONS SHALL BE VALID UNLESS MADE IN WRITING AND SIGNED BY AND EXECUTIVE OFFICER OF TRIMELEMENTS.COM, INC.

FORCE MAJEURE: TrimElements.com shall not be liable for any loss, delay, changes in shipment schedules or failure to deliver caused by accident, fire, strikes, riots, civil commotion, insurrection or the natural elements, embargoes, failure of carriers, inability to obtain transportation facilities, government requirements, acts of God or public enemy, prior orders from customers or limitations on TrimElements.com or its suppliers, or any other cause or contingencies beyond the control of TrimElements.com. In no event shall TrimElements.com be held liable for any consequential damages or losses.

COMPLIANCE: All TrimElements.com products are manufactured in compliance with all applicable requirements of the Fair Labor Standards Act, as amended, and all other applicable laws.

ART WORK: All work and proofs prepared by TrimElements.com remain the sole property of TrimElements.com until the completion of the order which shall in each case include the final printing, billing, and payment in full. Thereafter, TrimElements.com retains the right for the continued use and sale of its originated designs and/or artwork in both the original or modified form. Exceptions to the above must be made in writing and signed by an authorized employee of TrimElements.com and shall include special charges and arrangements to support the sale of TrimElements.com rights to its designs. If ownership registration or protection of a design is desired, the PURCHASER must apply to the appropriate Federal or State authorities for the necessary copyrights, patents or other protections and the PURCHASER alone must pay the appropriate fees to the proper authority. PURCHASERS submitting art work to TrimElements.com for reproduction specifically agree to indemnify, defend and hold TrimElements.com harmless against, and with respect to, any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries and deficiencies, including reasonable attorneys’ fees, that TrimElements.com shall incur or suffer, which arise from, or relate to the reproduction of the design or modifications to the design submitted by the PURCHASER. This holds true even if the design is marked with a trademark or copyright insignia. By the act of placing the order, the PURCHASER assures to TrimElements.com that the PURCHASER owns the design or has the legal right to authorize TrimElements.com to reproduce the design and print the names, words, titles, and insignia requested. Proofs submitted to the PURCHASER for approval and subsequently returned to TrimElements.com are considered to be correct and ready for production once the noted PURCHASER corrections have been made. Errors or omissions detected in the finished product, which were NOT noted on the proof, are the responsibility of the PURCHASER. Proofs, color separations, negatives and other materials used by TrimElements.com are not part of the product sale and remain the sole property of TrimElements.com.

SEVERABILITY: Each paragraph and provision hereof is severable and if any provision is held invalid or unenforceable, the remainder shall nevertheless remain in full force and effect.

CHOICE OF LAW: This contact shall be governed by and construed in accordance with the laws of the State of California.

MODIFICATIONS HERETO: No salesman, representative or agent of TrimElements.com is authorized to give any guarantee, warranty, or make any representation contrary to the above terms & conditions.

ATTORNEY’S FEES: If any action at law or in equity, including an action for declaratory relief, brought to interpret or enforce the provisions of this Agreement, the prevailing party shall be entitled to, reimbursement of reasonable attorneys’ fees and costs which may be set by the court in the same action or in a relating separate action brought forth.

Custom Tags, Labels, Patches, Fabric Tape, Leather, Heat Transfers and more

Terms & Conditions

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