Terms and Conditions
· Clerical errors are subject to correction.
· Please note that all quotes and product information is being provided due to your representation that you (your company/firm) is not engaging in unfair or deceptive trade practices and/or unfair competition as set forth by the governing state and/or federal laws.
· Logotags shall not be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused (I) by causes beyond that party's reasonable control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors, and carriers, or party to substantially meet its performance obligations under this Agreement, provided that, as a condition to the claim of nonliability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon.
· No merchandise can be returned or deductions taken without authorization. All claims must be made within 5 days of receipt of goods.
· Defective material may only be returned to Logotags after inspection of samples by Logotags and upon receipt from Logotags of shipping instructions specific to the defective goods authorized by Logotags to be returned. RMA# must be specified on all returned cartons and returning paperwork.
· Under no circumstances are we responsible for any form of consequential damages beyond the price of goods. No damages or charges of any kind, either for labor, expenses or otherwise, offered or incurred by the buyer in repairing or replacing defective goods occasioned by them, will be allowed, regardless of whether such products are used singly or as components in other products.
· All quotations are made for immediate acceptance and is void at our option and is subject to final approval and acceptance of our director of sales.
Right To Use Copyrights and Trademarks
You represent and warrant to Logotags that you have the right to use, copy and distribute each copyright, trademark, service mark, trade name, logo, statement, graphic, artwork, name, photograph, portrait, picture or illusion of any person or any other intellectual property in the way it is to be printed on or otherwise applied to the products ordered by you from Logotags or its affiliates. You warrant that in obtaining the material and submitting it to Logotags for reproduction, you have not violated the property rights of any third party. You agree to indemnify and hold Logotags and its owners, officers, employees and agents harmless from and against any suit, demand, claim, loss, liability, damage or expense made against Logotags by reason of breach of this warranty, and you agree to pay any judgment or settlement offer resulting from any suit, demand, or claim and to pay any attorneys fees incurred by Logotags in defending against any such suit, demand or claim.
· The burden of determining that any material is not protected by trademark, service mark, copyright or other proprietary right rests with you. You are solely responsible for obtaining proper permissions and licenses, except as may be permitted by copyright law, from third parties whose rights may be violated or infringed by the use of any material protected by trademark, service mark, copyright or other proprietary right. A customer may not use any logo or other graphic material in a manner in which may infringe on copyright, trademark, service mark or other proprietary mark. A customer also may not use any logo or trademark in a vulgar, libelous, disparaging or otherwise unlawful manner. We assume no responsibility for damages or any wrong doing that the customer may cause using a logo, trademark or copyrighted items. You agree to indemnify and hold Logotags harmless from and against any suit, demand, claim, loss, liability, damage or expense made against or incurred by Logotags by reason of the unauthorized, improper, or illegal use of any logo or trademark or copyright that is printed on or otherwise applied to promotional merchandise ordered or purchased by the customer through Logotags (www.logotags.com)