Terms and Conditions of Purchase
For the purpose of this agreement: ‘You’ refers to both you individually and your company/organization as you are signing on behalf of your company; unless you are an individual not affiliated with an organization. ‘Our’, ‘We’, ‘Our company’; refer to our company Intelligent Life, LLC and the relevant dba entity shown at the top of the Purchase Order.
ORDER CONFIRMATION & ACCEPTANCE
Our products are only intended for use by individuals ages 13 and older. Orders must be complete when submitted to our company.
We require a Purchase Order with the following information:
- Company Name - Your Name - Your company address - Your phone number - Your email address - Complete Item Description - Quantity - Ship to Address - In-Hand Deadline if applicable - Correct Pricing.
It is your responsibility to inform our company in a timely fashion regarding any changes or discrepancies in the order details or specifications. We can only accept orders where the following key information is available and correct: Pricing, Artwork for the order, In Hands Date which can be made based on our lead time offered on the product.
ARTWORK & DATA SUBMISSION
Vector art is required with your order. Any delays in providing artwork may result in order shipment delays and could impact your in-hands deadline.
Any order submitted with incorrect/missing purchase orders, or art will not be accepted or processed and will not be considered a valid order. Pricing will not be held pending receipt of the PO, or art; the current pricing at the time of order processing will be used.
PAYMENT
We require prepayment on all orders, unless you have been provided with approved payment terms with our company. We reserve the right to revoke or change payment terms at any time.
PANTONE COLOR MATCHING DISCLAIMER
We will make our best efforts to match Pantone colors. Color matching varies by ink type used, heat required to cure inks onto surfaces and surface material of the product to be printed, therefore it is not guaranteed to be exact. We highly recommend that you request a photo proof and a physical prepro sample for approval prior to production of your order if you are concerned about color variance. If you receive only a virtual proof (a photo of a standard item with your logo digitally superimposed on it), and you approve the virtual proof, you are responsible for the order even if there are color variations in the actual order. For an additional proof charge, customer may order a physical preproduction sample for approval prior to production. In either case, final approval of the order (including PMS color matching) is the full and total responsibility of the customer and no refunds or exchanges will be provided for any product so approved.
SMALL FONTS DISCLAIMER
Very small fonts under 10 points on most items are likely to be small enough to result in customer disappointment. If you are using small fonts to fit into a desired imprint area, we highly encourage you to order a physical pre-production physical sample from us for approval prior to production.
We will not be responsible for small fonts not meeting customer expectations after proof approval as we must depend on our customer to physically inspect our product with the desired fonts/text to assure it meets their standards in advance.
REFUND & RETURNS REQUESTS
If there is a problem with your order, you must notify us within 72 hours of receipt of the merchandise in writing with the following information:
Detailed description of the problem
# of pieces affected by the problem
Resolution Request. Your requested resolution of the problem if applicable.
We cannot accept responsibility for issues if not advised of a problem within 72 hours of receipt, and will not be able to honor refund or replacement of merchandise after 72 hours. USB flash drives and other electronic items should be tested upon receipt and any problems should be brought to our attention within 72 hours. Any claims and replacement requests must be made within 72 hours of the receipt of merchandise. Otherwise the merchandise will be considered as accepted as is by the customer. Storage and handling conditions can affect electronics so it is critical that you or your customer check items when received. We cannot accept return or replacement of a large quantity of merchandise that was not originally tested when the order was received.
If there are specific customer requirements or expectations beyond the basic style / model you ordered, item color, imprint colors, and usb storage technology if ordering flash drives; any other expectations must be clearly outlined on your PO or we will not be able to provide remedy.
We do not guarantee or warrant the position of any light or LED lights in usbs, nor guarantee the presence of a light on any usb drive. If you desire to have a light on your usbs and/or a light in a specific position, you must specify this requirement in advance on your purchase order; or received written confirmation from us if you have requested it.
We do offer lifetime warranty on usb flash drive functionality in Windows and Mac PCs only. Functionality means the usb drives can be plugged into a windows pc, recognized by the pc, and have the ability to read and write files or read only if your usb drives are write protected per your original order instructions. If your usb’s fail to provide standard usb flash drive read/write or read only functionality in windows PC’s we will provide you credit or replacement for usb’s returned to us.
Returns can only be accepted upon approval from our company.
You may be required to send at least 5 samples to us to evaluate and assess the problem before we can take any action to remedy the problem. We reserve the right to verify the problem and inspect the merchandise in the event a problem occurs.
We reserve the right to repair or replace defective merchandise. By mutual agreement between our company and you or your company a refund or credit to your account may be provided.
Note that replacement, repair, refund, or credit requests require that the merchandise be returned to our company. We can only provide remedy by repair, replacement, refund or credit on the exact number of items we receive back from you.
We will give credit or replace defective items at our discretion. We do not provide full refunds unless a full order is defective. If a few items in a batch are defective, you would receive credit for the defective items.
ORDER CANCELLATION
Order expenses are incurred from the time the order is placed. Some expenses like merchant processing fees are also incurred at the time of payment. In many cases we have to pay the factory for or have committed to a factory producing the product for your order within hours of when you place your order with us. All expenses incurred up until the point of cancellation are owed to the company and still payable to the company. If an order has been shipped, no refunds can be made as all expenses for the order have been incurred. Note that orders are often shipped from the factory to a shipping agent and in some cases to cargo carriers so a tracking number or the status of a tracking number is not the only indicator an order has shipped. In the event of a cancellation we will try to minimize the cost of any order cancellation but expenses incurred would be billable.
ORDER CHANGES & QUANTITY CHANGES AFTER THE ORDER IS PLACED
Unit quantity can be increased within 3 business days after the order is placed.. NOTE: Due to the fluctuation of flash memory chip pricing, the additional pieces will be priced at current price at the time of increase. No combined pricing/bundle pricing allowed.
A revised purchase order is required for order changes.
ORDER DELAYS
We are not responsible for delays due to circumstances beyond our control such as natural disasters, shipping delays, labor shortages, labor strikes, materials shortages, changes in laws, acts of any government entity, customs delays, or any other events which are beyond our control. We do our best and have an excellent record of on time delivery. Some events beyond our control may cause delays that we cannot be responsible for.
We are not responsible for shipping carrier delays or customs delays. If a carrier has a shipping delay or if products are delayed by customs, claims must be made to the carrier directly. We are also not responsible for any delays which result in us being unable to ship by the original ship date and/or not be able to arrive by the original in-hand date as a result of the following:
Delay in payments required with order and/or prior to shipment of the orde.
Delays in you or your end customer approving proofs or other communications requiring your approval.
Any changes you make after the order has been processed including but not limited to art changes, quantity changes, shipping method or shipping address changes.
LIMITATION OF LIABILITY
In the event of any problems with your order, our liability is limited is the value of the order.
We are not liable for any incidental costs beyond the direct cost value of your purchase order.
PRICING AND PRICING FLUCTUATIONS
Pricing for your order is only accepted and confirmed with a signed confirmed email. For some items such as usb flash drives and other memory products prices are highly volatile and we cannot be held responsible for price fluctuations which may occur between the time you receive a quote, or place an orde. Pricing will not be held pending receipt of the PO, art or data; the current pricing at the time of processing will be applied.
NON-PAYMENT & DELAYED PAYMENT
In the event of non-payment of invoices. You are liable for any costs we must incur in order to collect the debt and applicable interest owed including but not limited to:
· Attorney Fees.
· Travel, Lodging and Meal Expenses should they be required to litigate outside our jurisdiction.
· Collections Expenses.
· Employee labor costs. Costs of employees time used in collection and litigation to collect the debt.
· Collection costs.
· Invoices more than 15 days past due incur a 1.75% monthly interest charge or the highest allowed by law (whichever is greater) which is calculated and begins accruing from the original payment due date.
· Accounts with any amounts past due more than 90 days may be promptly sent to an outside collections agency or a lawsuit may be filed immediately to collect the outstanding debt.
OVERRUNS & UNDERRUNS
Be aware that on some less expensive items factories may OVERSHIP or UNDERSHIP. If a supplier OVERSHIPS we will bill for the excess quantity shipped. If a supplier UNDERSHIPS, we will issue you a credit or refund based on your preferences. We try to prevent over shipments with our suppliers, but this is not always possible. See Below if you cannot accept over shipments from factories.
If you need 'EXACT' quantities, notify us in advance so we can make arrangements with the factory. Some factories do charge a fee for shipping exact quantities which are billable.
SET UP CHARGES, COLOR MATCHING CHARGES, PROOF CHARGES
Set-ups, proofs, and color matching for the items you select are billable if they are required to complete your order.
UNILATERAL CREDIT CARD DISPUTES
If our company and you, our customer, do not reach a mutual agreement in the event of an order issue and you unilaterally dispute credit card payment for an order, there will be a 25% of total order value payment recovery charge added to your invoice that you will be required to pay if the order is not paid for using another method of payment within 5 business days of the original credit card payment funds being removed from our account.
In the event of order cancellation once an order has been placed, you are liable for any charges incurred up to the date of order cancellation. Minimum order cancellation charge is 15% of order value. For memory products we purchase flash memory within 24 hours of order placement, so you are responsible for the cost of flash memory and any other time and materials incurred up until the time of order placement.