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Please review the Border X Press Terms of Purchase. All orders are governed by these terms. Entering an order indicates that you have reviewed the Terms of Purchase and have agreed to be bound by these terms.
• LIMITED WARRANTY - All core company products sold are warranted by Border X Press only to Purchaser for use in business, against defects in workmanship or materials under normal use for 30 days after date of purchase from Border X Press, unless otherwise stated. Any part which is determined by Border X Press to be defective in material or workmanship and returned to Border X Press, as Border X Press designates, shipping costs prepaid, will be, as the exclusive remedy, replaced, at Border X Press' option. • ASSOCIATE PRODUCT WARRANTY- All products sold through associate/partner programs are not warranted by Border X Press. Purchaser is responsible for obtaining such warranty information from third party vendor. Purchaser shall obtain any necessary warranty information and submit all claims to said vendor. • WARRANTY DISCLAIMER - NO WARRANTY OR AFFIRMATION OF FACT, EXPRESS OR IMPLIED, OTHER THAN AS SET FORTH IN THE LIMITED WARRANTY STATEMENT ABOVE IS MADE OR AUTHORIZED BY BORDER X PRESS. BORDER X PRESS DISCLAIMS ANY LIABILITY FOR PRODUCT DEFECT CLAIMS THAT ARE DUE TO PRODUCT MISUSE, IMPROPER PRODUCT SELECTION OR MISAPPLICATION, AND ANY DESCRIPTION DOES NOT EXPRESS OR IMPLY A WARRANTY THAT THE PRODUCTS ARE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE. FURTHERMORE BORDER X PRESS DISCLAIMS ANY LIABILITY FOR CLAIMS MADE AGAINST PRODUCTS PURCHASED THROUGH AN ASSOCIATE/PARTNER PROGRAM. • LIMITATION OF LIABILITY - ANY LIABILITY FOR CONSEQUENTIAL AND INCIDENTAL DAMAGES IS EXPRESSLY DISCLAIMED. BORDER X PRESS' LIABILITY IN ALL EVENTS IS LIMITED TO, AND SHALL NOT EXCEED, THE PURCHASE PRICE PAID. • PROMPT DISPOSITION - Border X Press will make a good faith effort for prompt correction or other adjustment with respect to any product which proves to be defective within warranty period. Before returning any product, write or email Border X Press, giving date and number of original invoice, and describing defect. Title and risk of loss pass to Purchaser on delivery to the common carrier. • PRODUCT SUITABILITY - Many states and localities have codes and regulations governing sales, installation, and/or use of products for certain purposes, which may vary from those in neighboring areas. Border X Press cannot guarantee compliance, and cannot be responsible for how the product is used. Before purchase and use of a product, please review the product application, and national and local codes and regulations, and be sure that the product use will comply with them. • FORCE MAJEURE - Border X Press shall not be liable for any delay in or impairment of performance resulting in whole or in part from Acts of God, severe weather conditions, labor disruptions, governmental decrees or controls, insurrections, war risks, shortages, inability to procure or ship product or obtain permits and licenses, supplies or raw materials, or any other circumstances or causes beyond the control of Border X Press in the conduct of its business. • CANCELLATION - Cancellation requests must be received before the approval of the proof and may only be made by phone, fax or e-mail (Note: proofs not approved in 3 business days are automatically approved and printed). For orders in production (or shipped), no cancellations will be honored. A cancellation fee applies to all cancelled orders. • TRADE CUSTOMS - Creative
work, such as sketches, copy, dummies, proofs and any other items developed
and/or furnished by Border X Press are the exclusive property of Border
X Press and no use of same shall be made, nor any ideas obtained therefrom
be used, except upon expressed written consent of Border X Press or upon
compensation to be determined exclusively by Border X Press, and not to
be identified with or included in the selling price of the final product.
Working mechanical art, type, positives, negatives, flats, plates, dies,
electronic files and other items are and shall remain the exclusive property
of Border X Press. All such work and items are the copyright of Border
X Press and are protected by domestic and international laws. The use of
said work or items, without expressed written permission, constitutes theft
and will be punishable to the fullest extent of the law.
• RIGHTS TO PROMOTE - We reserve the right to use all products ordered from Border X Press in our advertising, promotional literature, displays and samples unless instructed otherwise, in writing, at the time an order is placed. • COMPLETE AGREEMENT - The terms and conditions in Border X Press' web site, forms, acknowledgments, quotations, invoices, catalogs and trade customs are incorporated herein by reference and constitute the entire and exclusive agreement between Purchaser and Border X Press. • INDEPENDENT CONTRACTORS - Independent contractor is not authorized to and shall not make any representations on behalf of which are binding upon Border X Press. • SEPARABILITY - If any portion of a provision of these Terms of Purchase shall be deemed illegal or unenforceable, such illegality or unenforceability shall not affect the validity and enforceability of any such remaining provision or other legal provisions hereof which together shall then be construed as if such illegal and unenforceable provision or provisions had not been inserted herein, unless such illegality or unenforceability shall destroy the underlying business purpose of these Terms of Purchase.
SALES POLICY FOR DOMESTIC ORDERS • PRICES HEREIN - Are retail prices and are subject to change without notice. • QUOTATIONS - Estimates are given at no charge for written, faxed, e-mailed or telephoned requests. Unless otherwise specified, quotations are valid for 30 days. We are not responsible for verbal estimates. • SALES TAX - Border X Press is required to charge state and local tax on items for which sales tax exemption certification has not been provided. • PAYMENT TERMS/PLACING ORDERS - Purchaser must pay for items ordered at time an order is entered with Border X Press. Purchaser may pay with Visa, Mastercard, American Express Cards, company/personal check or money order. New orders and payment may be placed via our secure online order form. Reorders may be placed online, by phone, fax, e-mail or US Postal mail. All payments must be in U.S. dollars. Checks must be drawn on U.S. Bank and made payable to Border X Press. Purchaser paying with a credit card or check acknowledges that he/she is the owner or an authorized signatory agent of said account. Furthermore, Purchaser authorizes Border X Press to use any means necessary to establish the validity of all information submitted, including address verification, direct communication with your banking or credit facility, and/or any other resource which is available to Border X Press. Purchaser paying with a check via online form, e-mail or via fax authorizes Border X Press to create a check draft of your check and submit said check draft to your U.S. Bank account for the amount due. Check draft orders are processed through your local bank as a normal check. Check draft Purchaser does not need to send an actual check to Border X Press; simply write the check information in your checkbook and record as 'paid by check draft'. NOTE: All Checks must clear Bank before an order is processed / shipped. NSF returned checks will be subject to a $30.00 processing fee. Individuals whom provide false information, imply misleading information, commit perjury, or whom make false claims acknowledge they will be prosecuted by every applicable local, state, inter-state and federal law. Furthermore, false Purchaser agrees to pay all collection, attorney and court fees which may arise as a result of our attempts to remedy such grievances. • OUTSTANDING BALANCE - Purchaser with an outstanding balance will have their orders placed on 'hold' until said outstanding account balance is paid in full. • CREDIT BALANCE - Purchaser agrees that any credit balances issued will be applied within one (1) year of its issuance. IF NOT APPLIED OR REQUESTED WITHIN ONE (1) YEAR, ANY BALANCE REMAINING WILL BE SUBJECT TO CANCELLATION, AND BORDER X PRESS SHALL HAVE NO FURTHER LIABILITY. • FREIGHT POLICY - Purchaser is responsible for paying freight charges. Purchaser shall be responsible for obtaining insurance. At Border X Press' option, freight policy for orders may be subject to special terms and conditions. If product is damaged in transit, Purchaser must file claim exclusively with carrier, vessel and/or insurance company.
EXPORT SALES TERMS AND CONDITIONS - ORDERS SHIPPED OUTSIDE OF THE UNITED STATES • ORDER ACCEPTANCE - It is acknowledged that Border X Press reserves the right to refuse service to anyone. Purchaser further consents that submission of its order shall subject Purchaser to the jurisdiction of the courts of the United States and the state of acceptance. • SALES TAX - Border X Press is required to charge national, state, and local sales tax on all purchased items for which a U.S. Purchaser sales tax exemption certification is not on file. • PAYMENT TERMS/PLACING ORDERS - Unless otherwise agreed, all export sales are made on condition that Purchaser make payment with Visa, Mastercard, American Express, company/personal check drawn on U.S. Bank in U.S. Funds or wire transfer in advance at the time of order. New orders and payment may be placed via our secure online order form. Reorders may be placed online, by phone, fax, e-mail or US Postal mail. At Border X Press' option, export orders may be subject to special export qualifications, payment terms or quotations. All payments must be in U.S. dollars, and Border X Press shall have the right to set-off and deduct for all sums owed. If a Purchaser fails to make full payment, Border X Press may defer shipment of other orders, or cancel all or any part of any unshipped order until such payment is made. Checks must be drawn on U.S. Bank and made payable to Border X Press. Purchaser paying with a credit card or check acknowledges that he/she is the owner or an authorized signatory agent of said account. Furthermore, Purchaser authorizes Border X Press to use any means necessary to establish the validity of all information submitted, including address verification, direct communication with your banking or credit facility, and/or any other resource which is available to us. Purchaser paying with a check via online form, e-mail or via fax authorizes Border X Press to create a check draft of your check and submit said check draft to your U.S. Bank account for the amount due. Check draft orders are processed through your local bank as a normal check. Check draft Purchaser does not need to send an actual check to Border X Press; simply write the check information in your checkbook and record as 'paid by check draft'. NOTE: All Checks must clear Bank before an order is processed / shipped. NSF returned checks will be subject to a $30.00 processing fee. Individuals whom provide false information, imply misleading information, commit perjury, or whom make false claims acknowledge they will be prosecuted by every applicable local, state, inter-state and federal law. Furthermore, false Purchaser agrees to pay all collection, attorney and court fees which may arise as a result of our attempts to remedy such grievances. • CREDIT BALANCE - Purchaser agrees that any credit balances issued will be applied within one (1) year of its issuance. IF NOT APPLIED OR REQUESTED WITHIN ONE (1) YEAR, ANY BALANCE REMAINING WILL BE SUBJECT TO CANCELLATION, AND BORDER X PRESS SHALL HAVE NO FURTHER LIABILITY. • FREIGHT POLICY - Purchaser is responsible for paying freight charges. Purchaser shall be responsible for obtaining insurance. At Border X Press' option, freight policy for export orders may be subject to special terms and conditions. If product is damaged in transit, Purchaser must file claim exclusively with carrier, vessel and/or insurance company. • COUNTRY OF IMPORTATION - Purchaser represents that it is purchasing the products for the purpose of exporting them from the United States and importing them to the country specified in Purchaser's order. Purchaser is responsible for paying any applicable customs duties. Purchaser agrees that the products will be shipped to that destination in compliance with the laws of such country. • EXPORT AND IMPORT LICENSES; PERMITS AND FREIGHT FORWARDER - Notwithstanding anything contained herein and unless expressly agreed, Purchaser shall be responsible for obtaining and paying for any permits, duties, licenses, or other governmental authorization(s) necessary for the exportation or importation of the products into the designated country of importation, and it shall comply with all laws and regulations thereof. Purchaser shall select and pay the freight forwarder who shall solely be the Purchaser's agent. The freight forwarder's actions shall not be deemed authorized by, or binding upon Border X Press, unless expressly agreed to in writing by Border X Press.
• GOVERNING LAW; LIMITATIONS - These Terms and Conditions shall be construed, interpreted and performed exclusively according to the laws, excluding conflict of law rules, of the State of Texas, United States of America. Any legal action with respect to any transaction must be commenced within one year after the cause of action has arisen. While efforts have been made to ensure the accuracy of this Web site, due to its open nature, Border X Press does not warrant its accuracy. Please review our Terms of Access for additional information regarding this Web site. Copyright © 1995 - 2008 Border X Press. All Rights Reserved. |