FormTech Printing Terms and Conditions of Sale:
Restrictions On Use
Access to and use of www.formtechprinting.com images, text files and data on this website are subject to the following terms and conditions:
1. FormTech Printing retains all rights to data, images, software, documentation, text, and other information on this site. Copyright and other proprietary rights may be held by individuals or entities other than, or in addition to that of FormTech Printing.
2. The materials on this site are made available for limited non-commercial, personal and educational use only. Users may download these files for their own non-electronic use, subject to any additional terms or restrictions, which may be applicable to the individual file or program.
3. FormTech Printing does not guarantee that the use of the materials displayed on its site, will not infringe the rights of third parties not owned by, or affiliated with FormTech Printing. Any use of the trademark, service mark, materials with logos, or any other materials, except as authorized in these Terms of Service, is strictly prohibited.
4. Many of the trademarks, service marks, and logos displayed on the FormTech Printing site are registered and / or unregistered marks of FormTech Printing or its many industry partners.
5. Nothing contained in the FormTech Printing website should be construed as granting, by implication or otherwise, license or right to use any trademarks, service marks, or logos included on the site without the written permission of FormTech Printing or a third-party owner.
6. All materials on the FormTech Printing site are provided "as is" without a warranty, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular use, and/or non-infringement.
7. FormTech Printing site visitors should periodically consult these “Terms and Conditions of Sale” to review the most current information. By accessing or using the pages in this Site, you agree to be bound by these terms and conditions. If you do not agree, you should not use this Site.
8. We may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement.
Your continued access or use of this Site shall be deemed your conclusive acceptance of the modified Agreement.
9. OWNERSHIP: This Site, www.formtechprinting.com, is owned, operated and maintained by FormTech Printing, Inc.
Terms of Payment
Upon establishing credit through the provision of credit references, payment terms will be arranged in advance of all order placement, and agreed to by both the Buyer and FormTech Printing.
All Payments due to FormTech Printing are to be made in U.S. currency.
If any payment owed to FormTech Printing is not paid as per agreed terms, interest shall be charged at a rate to be determined by FormTech Printing. This rate is not to exceed the maximum rate permitted by law, until it is paid.
Cash payments or security satisfactory to FormTech Printing may be required for future deliveries, and for the Goods delivered up to that point. If payments or security is not provided, FormTech Printing may discontinue deliveries.
If Buyer defaults on payments, unless otherwise agreed to, FormTech Printing has the right to terminate existing agreements and/or to suspend current work.
Buyer shall be liable for all expenses, including attorneys' fees, relating to the collection of past-due amounts.
Cancellation
Buyer may cancel orders with reasonable advanced written notice, and will be responsible for payment of any cancellation charges incurred, to cover commitments made by FormTech Printing. Determination of all cancellation fees shall be conclusive.
Contingencies
Formtech Printing shall not be held responsible for any non-performance or any default or delay in performance if caused, directly or indirectly by: acts of God, war, fire, the elements, riot, civil commotion, strikes, lock-outs, slow downs, picketing, or other labor controversies, accidents, failure by carriers, or delays in obtaining or inability to obtain materials, equipment, or parts from regular sources.
Formtech Printing will not be held liable for any event beyond our reasonable control, or for failure of any party to perform any contract which is required for production of the Goods.
Under these events, deliveries or other performance may be suspended for an appropriate period of time, or canceled by FormTech Printing upon notice to Buyer. The balance of this Agreement will otherwise remaining unaffected.
Orders
Orders are not binding on FormTech Printing until accepted in writing by an authorized employee.
Pricing
Unless a fixed price is quoted on a FormTech Printing Purchase Order or other document representing a specific order, prices are subject to change without notice. The prices invoiced will be those in effect at the time of shipment.
Documentation
FormTech Printing shall provide Buyer with any data / documentation that is specifically identified in FormTech's quotation. If additional copies of data/ documentation are to be provided to Buyer, it will be at FormTech Printing's applicable prices then in effect.
Sales Tax
Any current or future tax, or any charge imposed by any government or taxing authority will be added to the Buyer's account for: production, transportation, sale, storage, processing, use, consumption, or delivery of any Goods sold. If tax is paid by, or levied, or assessed against FormTech Printing, the tax will either be added to the price of the Goods, or billed to Buyer separately.
Shipment and Delivery
FormTech Printing is not responsible for any loss/damage, incurred during shipping and delivery. Any claims for shortages/damages suffered in transit are the responsibility of the Buyer, to be submitted directly to the carrier.
Shortages or damages must be acknowledged and signed for at the time of delivery. While FormTech Printing will use reasonable commercial efforts to maintain the delivery date(s) acknowledged or quoted by FormTech Printing, all shipping dates are approximate and not guaranteed.
FormTech Printing reserves the right to make partial shipments and to place certain orders on "back order."
If FormTech Printing is to pay freight, they will have the right to decide routing and means of transportation. If a more expensive means of routing is required, Buyer will pay extra costs involved.
If the shipment of the Goods is postponed or delayed by Buyer for any reason, Buyer agrees to reimburse FormTech Printing for any handling and storage costs, or other additional expenses.
All claims for shipping errors, lost shipments, or any other discrepancies must be made within ninety (90) days or they will be disallowed and deemed waived
Examination of Goods
It is Buyer's responsibility to determine the condition of all goods. Buyer will inform FormTech Printing within 14 days of delivery, written notice of any and all deficiencies, defects, variations, or complaints of any kind with respect to: quantity, quality, condition, shipment, performance, price, or appearance of the Goods.
If FormTech Printing does not receive written notice within 14 days of delivery, it will be conclusively understood that Buyer has inspected and accepted all Goods unconditionally. Therefore, waiving any rights and claims, including and without limitation any right to reject the Goods, or to claim damages. Buyer may not return Goods without first advising FormTech Printing of the reasons for the return. Buyer must obtain a return material authority (RMA) number, and observe instructions given by FormTech in authorizing the return.
Limited Warranty
Goods purchased by FormTech Printing from a third party for resale to Buyer, shall carry only the warranty extended by the original manufacturer.
These warranties shall not apply to any Goods that:
(a) Have been subjected by persons other than manufacturer to improper handling, operation, maintenance, use, or alteration;
(b) Have been subjected to misuse, negligence, or accident; or
(c) Have not been stored in accordance with manufacturer recommendations.
Any claim made shall be conditioned upon FormTech Printing and/or original manufacturer’s inspection of the goods upon which the claim is made, and a determination that there was a defect covered by warranty.
FormTech Printing’s obligation under this warranty, and Buyer's exclusive remedy shall be limited to replacement of any allegedly defective Goods, issuance of credit, or return of the purchase price. FormTech Printing requires the return of any allegedly defective Goods, in accordance with FormTech Printing directions, before honoring any claim.
Any technical advice furnished before or after delivery, in regard to the use or application of Goods is furnished without charge. Any advice given to, or results obtained shall be taken at the recipient's sole risk.
U.S. Export Control Regulations
All Goods sold to Buyer by FormTech Printing hereunder are subject to U.S. Export Control Laws. Buyer hereby agrees not to re-sell or divert any Goods contrary to such laws.
