Standard Plastic Card Solutions

 TERMS & CONDITIONS OF SALE

ACCEPTANCE
A contract of sale is formed only after SELLER accepts Customer's order by written order acknowledgement. Only the terms and conditions as set forth in SELLER's quotation and order acknowledgement shall be binding. Any prior discussions or proposals are superseded, and any additional or conflicting terms proposed by Customer are rejected. SELLER's silence or failure to respond to any subsequent term, condition or proposal of Customer shall not be deemed to be SELLER's acceptance or approval thereof.
Customer shall have one (1) business day from the date of the order acknowledgement to object to the terms and conditions of the order acknowledgement. Otherwise, the terms and conditions on the order acknowledgement will be deemed accepted. The terms and conditions of the contract except as specified below may be modified only by the mutual written consent of the parties.

CHANGES & CANCELLATIONS

All changes requested by Customer are subject to written approval by SELLER and to reasonable changes in delivery or price as SELLER determines is necessitated thereby. If work is in progress, Customer will be charged for all Goods made/performed as well as all additional costs resulting from such changes.
No order, once accepted by SELLER, may be canceled by Customer without SELLER's written consent. Cancellation Policy on Custom Card Products - Between 1 and 4 weeks, a charge of half the purchase price will be made. Full price will be paid for any cancellation within one week of the ship date.

DELIVERY AND RISK
Delivery periods quoted by SELLER are estimated with all reasonable care but cannot be guaranteed and are subject to revision without prior notice. SELLER will not be liable in any way whatsoever in respect of delivery dates (whether estimated by SELLER or stipulated by Customer or otherwise) not being met for whatever reason.
Whether or not SELLER agrees to a specific shipping date, SELLER shall not be liable for delay or failure to deliver due to wars, civil disturbances, strikes, accidents, fires, floods, storms, Acts of God, the inability to obtain necessary labor, energy, water, raw or finished materials or facilities, government priorities or allocations, delays in transportation, failure of Customer to supply or any delays in delivery by Customer of necessary items or other causes beyond SELLER's control.

With respect to Goods sold by SELLER to Customer (i) title to such Goods shall pass to Customer upon the later of receipt of the Goods at SELLER's place of business or payment in full of all amounts due under the contract and (ii) risk of damage or loss shall pass to Customer upon tender of the Goods at SELLER's place of business to Customer or tender to any third party Customer requests, including common carrier and United States Postal Service. Customer assumes all risk of damage or loss with respect to all items delivered to SELLER for manufacture of Goods and waives any rights of subrogation with respect to any company insuring such items.
Unless Customer expressly requests, SELLER shall choose the common carrier and shall deliver the Goods to such common carrier packaged for transport. In such event, insurance costs and freight charges shall be invoiced to Customer.

ACCEPTANCE OF GOODS
All goods must be inspected promptly upon receipt by Customer. Customer shall notify SELLER within three (3) business days of delivery of any damage to Goods delivered, any shortages in delivery, or any nonconformity. Failure to give notice within such time shall be deemed an acceptance in full of such delivery and SELLER shall not be liable to Customer for any damages to such Goods, shortages in such delivery, or nonconformity.

RETURN POLICY
If BUYER wishes to return any ready-made or stock items, they must be returned within 14 days, undamaged and in their original packaging. A $15 re-stock fee may be deducted from your refund or credit. Please contact us so that we can send you a return form to complete and send back to us with your order. For custom orders, we cannot accept returns unless there is a problem with the order due to a production or manufacturing issue. IF there is a problem with your order due to goods being damaged or an error on our part, please contact us as soon as possible at 866-439-9581.

BUYER will be responsible for paying for your own shipping costs for returning your item, unless the item is confirmed to be defective. Such shipping costs are non-refundable.

PRICES AND PAYMENT
Except where specified to the contrary in the quotation, prices are quoted before tax, Any costs of SELLER relating to packaging, transportation, insurance and duties shall be charged to Customer. Unless otherwise specified, payment terms are net 30 for established accounts.
A late charge of 1 1/2% per month or portion thereof (or the legal maximum allowable in Customer's state if lower) shall be payable by Customer from the date on which payment became due until the date of receipt by SELLER's bank of the amounts due to SELLER. In the case of payment by check, payment will not be deemed final until collection by SELLER's bank of all amounts due to SELLER.

LIMITATION OF CONSEQUENTIAL DAMAGES
SELLER'S LIABILITY TO CUSTOMER SHALL IN ALL CASES BE LIMITED TO THE PRICE PAID FOR THE GOODS. IN NO EVENT SHALL SELLER BE LIABLE TO CUSTOMER OR ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE GOODS COVERED HEREBY, WHETHER ARISING FROM BREACH OF WARRANTY, CONTRACT, NEGLIGENCE OR STRICT LIABILITY OF SELLER, OR OTHERWISE, OR FOR ANY CHARGES, INCLUDING LABOR CHARGES, AND OTHER EXPENSE, LOSS OR DAMAGES CAUSED BY DEFECTIVE GOODS. ANY ACTION HEREUNDER MUST BE COMMENCED WITHIN ONE YEAR OF ACCRUAL OF THE CAUSE OF ACTION.

EVENTS OF DEFAULT
An event of default shall be deemed to have occurred if Customer: (i) is overdue with any payment to SELLER for a period of five (5) days (whether such default be in respect of the whole of any relevant payment or any part thereof); (ii) fails to take delivery of any of the Goods upon tender thereof; (iii) defaults on or commits any breach of its other obligations to SELLER; (iv) makes any voluntary arrangement with its creditors or becomes subject to any administrative order or goes into liquidation or if a receiver is appointed in respect thereof; (v) files a voluntary petition in bankruptcy; or (vi) has an involuntary petition in bankruptcy filed with respect to it and such petition is not vacated within thirty (30) days from the date of filing.

REMEDIES

SELLER hereby retains (and Customer grants to SELLER) a security interest in the Goods to secure payment in full and compliance herewith, and Customer agrees to execute and deliver to SELLER any additional documents necessary or desirable to perfect such security interest. In the event this contract shall be placed by SELLER in the hands of an attorney for the purpose of enforcing SELLER's security interest in the Goods, Customer agrees to pay any and all costs associated with such placement, including, without limitation, attorney's fees and costs relating to any collection, arbitration, trial, bankruptcy or creditor's rights proceedings.
In addition to and not in limitation of any other rights of SELLER whether stated herein or otherwise, if an event of default occurs, all sums yet to accrue due to SELLER from Customer shall forthwith become immediately due and payable and SELLER, in its sole discretion, may revoke Customer's credit, delay or cancel future deliveries, repossess unpaid but delivered Goods and terminate or suspend its obligations under this or any other contract with Customer until payment of any amount in arrears plus interest has been made. The defaulting Customer shall assume the cost and risk of return of the Goods to SELLER.
No failure or delay by SELLER in exercising or enforcing any right hereunder shall operate as a waiver thereof or preclude any other exercise or enforcement of rights hereunder. Any waiver by SELLER of one or more of these terms and conditions or any defaults hereunder shall not constitute a waiver of the remaining terms and conditions or of any future defaults hereunder.

GOVERNING LAW
This contract shall be deemed made in, and shall be governed by, the internal laws of the State of South Carolina. The exclusive venue for any disputes arising out of this contract shall be in state or Federal court in South Carolina..

GENERAL
It is the intention of the parties that this contract shall be enforceable to the fullest possible extent, regardless of any partial invalidity or unenforceability. Any provision of this contract that is prohibited or unenforceable under the laws of the State of New York shall be ineffective to the extent of such prohibition or unenforceability, without impairing or invalidating the remaining provisions of this contract.
This contract may not be assigned by either party without the prior written consent of the other (which shall not be unreasonably withheld) except that SELLER may assign this contract to any affiliate or subsidiary of SELLER.

 NOTICE REGARDING PLASTIC / PVC PRODUCTS

 Unlaminated Plastic Items: Although plastic printed pieces are more durable than most, we cannot guarantee total ink adhesion or scratch resistance on any unlaminated item.

 Thickness: Due to substrate and overlay inconsistencies, we can only guarantee thickness to +/- 10% of the desired specifications.

 Color Matches: Due to special drying and finishing processes, we cannot guarantee exact color matches.

 Over / Under Runs: In accordance with the Printing Industries of America’s established printing trade customs, over runs or under runs not to exceed 10% of the amount ordered shall constitute an acceptable delivery, and the excess or deficiency shall be charged or credited to the customer.

Substrate Color: Due to changing formulations and dye lots, the substrate color may vary slightly from sheet to sheet, consequently exact matches cannot be guaranteed.

 Finished Size: Consistence, exact dimensions cannot be guaranteed unless a PMC or matched die set is used. Item finished in this manner are standard size cards or from customer made dies. Item not finished in this manner are guaranteed to =/- 3/32” on each dimension and may leave plastic shaving attached to the piece, burred or uneven edges. Item not die cut with a PMC or matched die set are guaranteed to shift +/- 1/16”(.0625”) on each dimension and edge.

 Disputes: In the event of a dispute, we are only responsible for replacing or refunding cards that are agreed upon as unacceptable.

 Art Alignment: Due to the high heat (up to 375 degrees Fahrenheit) and high pressure in lamination (up to 1,500 lbs of pressure per square inch), artwork may shift up to 1/16” (.0612”) in any direction. Some plastics shrink and others expand under the same heat and pressures. Attempts to lower either heat or pressure can cause de-lamination (material bond failure). Please note that this shifting of artwork is closely monitored and every effort to minimize this movement will be attempted. Again, expect a possible 1/16” shift due to lamination.

 Additional Charges: All orders are subject to a $5.00 per box or a $10.00 per order handling charge that will be added to the invoice. T