MINIMUM
PRODUCTION QUANTITIES:
AWARDS
AND TROPHIES: No minimums.
EMBROIDERY AND SCREEN PRINTED ITEMS: 12 pieces with the same logo
or design.
PROMOTIONAL ITEMS: Varies by item. Please contact us.
PAYMENT TERMS: Except upon the rare occasion where so
authorized in advance, an active credit card
(Visa or
MasterCard)
or money order must be tendered prior to the start of any
production.
On all order
amounts under $1,500, the credit card provided will be charged for
the full amount of the invoice total immediately upon acceptance
of the order. If any adjustments or changes are required to the
final invoice because of changes in production or shipping, a
second processing will be created either for a credit or debit to
cover the change in the final invoice total.
On order
amounts over $1,500, the card provided will be charged in two
stages: 1) immediately upon confirmation of the order in an amount
covering 50% of the price quoted for the products/accessories to
be shipped; then 2) upon completion of production and shipping of
finished product to the customer, in an amount covering the cost
of production and shipping plus any adjustments required for
changes in services or costs that differed from the contents of
the original price quote. Both of these charges will appear on
your credit card statement either as Performance Graphics or
Performance Printing Services, Inc.
In the rare
circumstance where credit terms are offered, payment must be
tendered within 30 days, or interest charges will be assessed at
the highest rate allowed by law. Payment terms are only offered
with the express written consent of Performance Graphics, and will
require the full completion of a credit application prior to the
granting of terms. In nearly all cases, net terms will not be
granted, as payment by credit card or money order is the preferred
method of invoicing.
ALL ORDERS FINAL AS PLACED. Once confirmed by the customer,
either through verbal authorization, in writing or by electronic
transmission, all orders as submitted and processed via the web
site, email, phone, fax or mail are final. Any changes requested
to be made to an order after confirmation is received will be
charged a $15 change order fee, and most likely will require a
change to be made to the schedule and completion dates for
production.
Once
confirmed, any errors, inaccuracies or omissions made during the
placement and/or production of an order shall be the sole
responsibility of the Customer.
No
cancellations of orders will be accepted after receipt of
confirmation, except with the express written consent of
PERFORMANCE GRAPHICS. If consent to cancellation is provided,
Customer will be invoiced $50 plus the cost of all labor and
materials provided prior to the consented cancellation notice.
Invoiced amounts will be billed as detailed under the Payment
Terms.
An overrun or
under run within 3% of the original order will be considered
acceptable for the completion of that order, with the final
quantity provided used to adjust the billed total to the Customer.
PERFORMANCE
GRAPHICS and its partners, vendors and assigns assumes no
responsibility for researching or authenticating the rights held
by any Customer to any trademark, as it relates to any design or
logo reproduced on behalf of a Customer. Any and all liability for
any act of trademark infringement rests with the Customer, and
Customer shall indemnify PERFORMANCE GRAPHICS against any and all
actions resulting from trademark issues.
Standard
production times are posted on the Art Policy pages for screen
printing and embroidery.
Due to the
variations inherent in the processes used in producing screen
printed and embroidered designs, PERFORMANCE GRAPHICS assumes no
responsibility and makes no guarantees regarding exact color
matches of product or production, either within an order or in a
reorder. Note that like-named colors used by apparel manufacturers
are not necessarily an exact shade match.
Once confirmed
and produced, all invoices for product and services will be
charged and billed to the customer regardless of circumstance. If
a production error is made and acknowledged by Performance
Graphics in writing, then corrected replacement goods will be
provided to the Customer by PERFORMANCE GRAPHICS once the goods
shipped in error have been returned to the authorized return
address supplied.
ERRORS AND RETURNS. Unless a clear production error has
been made by an employee or contractor of the Performance Graphics
that is in obvious conflict with the specifications provided on
the confirmed production order, no returns of decorated
merchandise will be accepted. Performance Graphics retains the
sole and complete discretion to authorize (or refuse to authorize)
the return of any product purchased by Customer. ANY AND ALL
RETURNS MUST BE PRE-AUTHORIZED BY THE PERFORMANCE GRAPHICS! THIS
PRE-AUTHORIZATION IS ONLY COMPLETE UPON PROVISION OF A RETURN
AUTHORIZATION NUMBER AND RETURN SHIPPING ADDRESS!
To receive a
Return Authorization Number, please email us at
returns@pgraphics.net or call 1-508-949-1719.
Any
replacement goods requested by the Customer for orders already
completed and for which PERFORMANCE GRAPHICS does NOT acknowledge
a production error will require the Customer to place a new
production order with PERFORMANCE GRAPHICS. No replacement goods
will be provided unless PERFORMANCE GRAPHICS clearly states so in
writing. Further, if a production error is made and acknowledged
by Performance Graphics in writing, then corrected replacement
goods will be provided to the Customer once the goods shipped in
error have been returned to the authorized return address
supplied.
In the case of
an order cancellation prior to production, all returns of
undecorated product to the mill or distributor from which it was
secured (if requested prior to production) will incur a 20%
restocking fee (with a minimum restocking fee of $5.00) unless a
shipping or inventory error is acknowledged IN WRITING by
Performance Graphics.
All returns
must be made to the specific warehouse from which the product was
originally shipped, as is directed/provided by Performance
Graphics. Therefore, Customer shall be required, prior to making
any and all returns, to prominently write a Return Authorization
Number on the box in which the product is to be returned, along
with the proper return shipping address. Again, Performance
Graphics shall provide both the Return Authorization Number and
the return address to the Customer prior to return shipment.
The amount charged for the outbound shipping of the product(s) to
the Customer is not refundable under any circumstances. The cost
of return shipping back to the return address provided by
Performance Graphics (i.e. all return freight and/or delivery
charges) is the responsibility of the Customer unless specifically
waived IN WRITING and in advance of such return by the Performance
Graphics. Returns will only be accepted for goods that have not
been worn, washed or altered in any way, and only if the product
is in the same new and unblemished condition as when it was
shipped.
Further, no
returns will be authorized or accepted for any products unless a
Return Authorization request is made by the Customer within 24
hours after delivery of the goods to Customer. Defective products
must have tape placed over flaw before returning. Refunds will be
issued at the invoice price of the returned goods less the
restocking fee, and will not include a refund or credit for any
shipping charges. All refused and/or unclaimed shipments are also
subject to a 20% restocking fee (with a minimum restocking fee of
$5.00) in addition to any and all transportation charges for the
return of the product.
SHORTAGES. Understanding that an underrun of 3% of the
original order will be considered acceptable as stated in a prior
paragraph, any product shortage in excess of the acceptable 3%
found by the Customer requires notification to our main office
within 24 hours of delivery receipt. Notice of shortage may be
made by phone, email or fax. Every effort will be made to ship
missing items within 48 hours of notification and acknowledgement
by the Performance Graphics of such shortage. All shipments of
missing product shall be sent UPS Ground; no overnight shipping or
rush processing will be provided to replace missing inventory.
Failure to notify the Performance Graphics within 24 hours of
delivery receipt will act as Customer's agreement and
acknowledgement that all goods ordered by Customer have been
received by the Customer in full and in good, usable and/or
merchantable condition.
SUBSTITUTIONS. If any of the product colors or sizes
ordered by the Customer are not in inventory in any of Performance
Graphic's five warehouses located throughout the USA, the
Performance Graphics reserves the right to substitute similar
colors or sizes at its sole discretion. Typically, the Performance
Graphics will not substitute style numbers but reserves the right
to do so when the styles ordered are nearly identical to a
suitable replacement style.
If no suitable product substitution is available for shipment, an
email notice concerning this unavailability of product will be
sent to the Customer (generally within 24 hours of submitting the
original order, but no such guarantee of this time frame is made).
Said email will request instructions from the Customer on how to
proceed with the order (e.g. request for different style,
cancellation of order, etc.). The original order submitted by
Customer will be placed on hold by Performance Graphics until such
instructions are received from the Customer via email, fax or
phone.
If less than half of the goods ordered are not available in
inventory from Performance Graphic's warehouse network and no
suitable substitute product is available, then those product
pieces that are available as set forth in the Customer's order
will be shipped as directed and the items not then available in
inventory will be eliminated from the order and the purchase price
amount will be adjusted (i.e. the order will be filled with the
product available and the purchase price adjusted for the
non-available items). If more than half of the goods ordered are
not in inventory, the entire order will be placed on hold until
instructions are provided by Customer with regards to Customer's
wishes regarding substitution of product(s) or cancellation of the
order submitted by Customer.
SHIPPING. Performance Graphics will attempt in all
instances to use the least expensive method of shipping finished
product to the Customer. If a deadline is provided to PERFORMANCE
GRAPHICS by which the product must be received by the Customer,
then the method of shipping may require the use of expedited
Overnight or Second Day shipping to meet that deadline.
PERFORMANCE GRAPHICS reserves the right to select these expedited
methods of shipping when a deadline is listed, and the Customer
agrees to pay for the additional costs involved with said
expedited shipping. IF EXPEDITED SHIPPING IS NOT TO BE USED, THEN
CUSTOMER MUST MAKE A NOTATION ON HIS OR HER ORDER STATING THAT
ONLY STANDARD GROUND SHIPPING SERVICES ARE TO BE USED REGARDLESS
OF SHIPPING DEADLINES.
Performance
Graphics is not responsible for loss or damage of products in
transit. Customer will be responsible for checking shipment upon
delivery for total product count and condition. Any shortage in
total product count or evidence of damage to goods must be noted
and reported to the carrier's office. All claims must be filed
with the carrier within 24 hours from the date of loss or damage.
LIMITATION ON DAMAGES. Performance Graphics will not be
liable for any loss of profit, interruption of business or any
other special, consequential or incidental damages suffered or
sustained by Customer. Any and all damages incurred by Customer
(or allegedly incurred by Customer) shall, in any and all cases,
be limited to the refund of the purchase price of the product
purchased by Customer (provided that all of the terms and
conditions herein are satisfied).
Further, by placing an order for products through pgraphics.net,
Customer acknowledges and understands that Performance Graphics is
not the manufacturer of any product purchased by Customer and -
that Performance Graphic's role is that of an authorized
distributor of the products available for purchase on the
Performance Graphics website. As such, Performance Graphics HEREBY
DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO ANY PRODUCT
SO PURCHASED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF
USE, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.
In no event shall Performance Graphics be liable for any direct,
indirect, punitive, incidental, special, consequential damages or
any damages whatsoever including, without limitation, damages for
loss of use, data or profits, arising out of or in any way
connected with the any product offered for sale on this web site,
or otherwise arising out of the use of this site, whether based on
contract, tort, negligence, strict liability or otherwise, even if
Performance Graphics has been advised of the possibility of
damages. Because some states/jurisdictions do not allow the
exclusion or limitation of liability for consequential or
incidental damages, the above limitation may not apply to the
Customer.
CHARGE-BACK FEES. Customer understands and agrees that all
products purchased, produced and shipped are considered a final
sale for which no refunds will be given or provided except as
expressly provided herein. As such, Customer agrees and
acknowledges that by purchasing any product from Performance
Graphics, Customer shall be solely responsible for and shall bear
(and/or reimburse) Performance Graphics for any charge-backs or
fees issued to Performance Graphics from any credit card company,
merchant bank or other source of payment that is issued at the
request of the Customer outside of the expressly provided methods
of return. Stated another way, should Customer request a refund or
charge cancellation from any credit card company, merchant bank or
other source of payment processing against the purchase of
Performance Graphics products, and should said card company,
merchant bank or other source thereafter impose any fee or direct
any charge back fee or amount to Performance Graphics at the
request of said Customer, Customer shall reimburse Performance
Graphics Software for the amount of said charge back fee and the
initial purchase amount (the "total amount"). By purchasing any
product from Performance Graphics, Customer expressly authorizes
Performance Graphics to direct the stipulated payment/charge to be
made to Customer's credit card account (the same being the credit
card account used in the initial purchase of said product) in the
amount of said "total amount" to Performance Graphics for such
reimbursement, plus a twenty-five percent (25%) administrative fee
to cover the costs and time involved with this process. Customer
acknowledges and agrees that the policy set forth in this
paragraph provides for reimbursement to Performance Graphics for
fees incurred, is fair and reasonable and is not a penalty clause
or provision.
ACKNOWLEDGEMENT AND AGREEMENT TO TERMS AND CONDITIONS. The
Terms and Conditions of contained herein are the exclusive terms
and conditions for the sale of products from Performance Graphics
to Customer through pgraphics.net or through Performance Graphics
stores. Customer agrees that the terms and conditions stated
herein constitute the final, complete, exclusive expression of the
agreement between Performance Graphics and Customer. Customer, by
submitting any order or request for an order, hereby agrees to the
terms and conditions set forth herein and acknowledges that
Customer has read and understands the same. In the event that any
Customer instruction, request, purchase order or any other
information and/or documentation submitted by Customer may contain
terms and conditions in addition to or different from the terms
and conditions herein, Customer agrees, by so submitting its order
or by accepting products from Performance Graphics, that the
language of the Performance Graphics terms and conditions shall
solely and exclusively control. Any and all new or additional
terms contained on any Customer instruction, request, purchase
order or any other information and/or documentation submitted by
Customer is hereby expressly and completely rejected. Acceptance
of Customer's order for products from Performance Graphics and
pgraphics.net is expressly limited to these terms and conditions.
By submitting an order, requesting to purchase any product, or
taking receipt of Performance Graphics products, Customer consents
to the exclusive jurisdiction of the state and federal courts
located in the State of Massachusetts.
If Customer does not wish to be bound by these Terms and
Conditions, Customer should not submit any order or make any type
of purchase and should exit all web sites related to Performance
Graphics now!