ADDITIONAL CHARGES On some products there are additional (set up, screen, die etc.) charges. These charges are indicated on each page, and are highlighted in yellow so they will be easy for you to find.
ART CHARGES (may or may not apply) If we don't already have your Union's logo, if you need an excessive amount of imprint, or if you need your imprint to appear in a non standard type font, an art charge may apply. We'll let you know if there will be an art charge before we begin production on your order.
CANCELLATIONS Since these products must be specially manufactured, printed, and / or assembled for you, in most cases once your order is placed we cannot cancel it, or reduce the quantity. If it can be cancelled, please understand that you will be liable for all expenses already incurred.
CLAIMS Due to varying warranties, all claims must be made within 10 days after receipt of shipment.
FREIGHT Freight charges will be added to all products. The FOB point varies depending upon the product you order.
IMPRINT COLOR Your products will be printed using our standard imprint colors. If you want us to match a certain imprint color shade as close as possible, in most cases an additional color match charge will apply, we'll let you know if there will be color match charges before we begin production. Important - although we can come close, we cannot guarantee an exact imprint color match.
ON SOME PRODUCTS (NOT ALL) YOU MAY RECEIVE A FEW MORE OR LESS THAN WHAT YOU ORDERED, BUT YOU ONLY HAVE TO PAY FOR EXACTLY WHAT YOU RECEIVE. On some products, while we will make every effort to ship the exact quantity ordered, since careful inspection at the factory often results in some imprinted pieces being discarded, it is understood that an under run or over run of not more than 10%, to be billed pro-rata, is acceptable by the customer. Contrary to this policy, on some products we always ship (and bill) the exact quantity that you order. Please call us if you would like to know if the product you have chosen is subject to the 10% over run / under run policy.
PRICES Because of the unpredictability of our economy, prices are subject to change without notice.
PRODUCTION TIME Prices are based on our standard production schedules which vary depending on the product you order. If it can be done, we will make every effort to accommodate your rush delivery requirements. In some cases rush charges may have to be added to your order, we'll let you know if there will be any rush charges before we begin production.
RETURNS Please call us first, no returns can be made without the permission of Goldstein Associates.
SALES TAX Sales tax, if applicable in your location, will be added to your order.
UNACCEPTABLE COPY Goldstein Associates reserves the right to not accept any order that contains imprint that we deem inappropriate.
WHERE IS IT? If you need a product that is not illustrated please call us, chances are we can supply it to you.
TERMS AND CONDITIONS OF SALE:
The purchaser named herein offers and agrees to purchase the goods described from Goldstein Associates on the following terms and conditions.
1. This offer is subject to approval and acceptance by Goldstein Associate’s authorized officers at Goldstein Associates’ city and state. Such approval will cover materials and services specified in writing on this order, and no statement, promise, warranty or agreement made by any salesperson, field representative or third party shall be binding upon Goldstein Associates.
2. This offer is a firm offer. It will be held open and will not be revoked for 90 days.
3. This offer may be accepted by confirmation, by performance or the making of arrangements preparatory to performance, or in any other appropriate manner. Goldstein Associates need not give the purchaser notice of acceptance. After acceptance, this agreement cannot be modified, rescinded, waived or changed, except by a writing signed by the party to be bound thereby. Any request for cancellation must be submitted in writing to Goldstein Associates and purchaser agrees to pay for any expenses incurred by Goldstein Associates prior to such request for cancellation.
4. Goldstein Associates may tender any quantity of goods which is not less than 90% nor more than 110% of the quantity specified herein. Such tender shall be a conforming tender and the price specified herein shall be ratably adjusted.
5. Goldstein Associates may ship the goods at any time convenient to Goldstein Associates in a single lot or in several lots. Subject to any shipping instructions set forth herein, Goldstein Associates or its agent may pack and ship the goods, select a carrier, make a transportation contract, and put the goods into the possession of a carrier, in any manner and on any terms Goldstein Associates or our agent may see fit. Goldstein Associates need not notify the buyer of any shipment.
6. This sale is made F.O.B. point of shipment. All goods are shipped at the purchaser’s risk. The purchaser shall duly pay for, and Goldstein Associates shall have no liability for goods damaged, destroyed or lost in transit.
7. Goldstein Associates reserves a security interest in the goods as security for the payment of the price and all other obligations of the purchaser hereunder.
8. LIMITED WARRANTY: Goldstein Associates warrants that the goods will at the time of delivery conform to the description on the face side hereof and that the purchaser will acquire good title to the goods. Goldstein Associates makes no other affirmations, promises, or warranties, express or implied, as to the goods or the condition, quality or characteristics of the goods, or as to any other matter whatsoever. Goldstein Associates specifically disclaims and excludes any warranty of merchantability and any warranty of fitness for a particular purpose.
9. In the event of any breach of the warranty made in paragraph 8, Goldstein Associates will, upon reasonable notice from the purchaser, either replace the affected goods with conforming goods or refund the purchase price paid by the purchaser to Goldstein Associates for the affected goods, at the seller’s option. The foregoing remedies shall constitute the sole and exclusive remedy for any breach of warranty. This exclusive remedy shall not be deemed to have failed of its essential purpose under any circumstances. Goldstein Associates shall not be liable under this agreement, or with respect to the sale contemplated hereby, for incidental damages for consequential damages, for breach of warranty damages, or for any other damages of any kind.
10. No goods may be returned by the purchaser to Goldstein Associates without our prior written consent, and then only to the extent of the quantity and under the terms and conditions set forth in such writing.
11. The purchaser shall pay the purchase price set forth on the face side hereof to Goldstein Associates within thirty days after date of invoice unless the due date is otherwise stated on the face of the invoice. If the purchaser fails to pay the purchase price, or any part thereof, when due, the purchaser will further pay a service charge (I) at the rate of 18% per annum applied to the unpaid balance of the purchase price, if the purchaser is a corporation; and (ii) at the highest lawful contract rate permitted under the laws of the State of Goldstein Associates, applied to the unpaid balance of the purchase price in all other cases. In addition the purchaser agrees to pay a 25% collection fee should it become necessary for Goldstein Associates to engage outside professional services in the collection of this obligation due to the purchaser’s failure to duly and punctually pay the price due and/or reasonable attorney’s fees with court costs.
12. Goldstein Associates shall not be liable for any breach, default or delay caused by inability to obtain transportation, inability to obtain materials, delay in transit from a manufacturer or supplier or failure to make delivery by a manufacturer or supplier, shortage of fuel, failure of sources of supplies, strike, lock out, labor disputes, fire, flood, accident, invasion, riot, war, revolution, embargo, restraint or demand of the United States or any other government, failure of the purchaser to perform its obligations with respect to this transaction, or any other cause or contingency beyond the control of Goldstein Associates.
13. The purchaser will indemnify Goldstein Associates and hold Goldstein Associates harmless from and against all claims, demands, liabilities and expenses, including (without limitation) claims of infringement of patent, trade mark, copyright or other proprietary right, invasion of privacy, or any other matter, arising from the use of any picture, plate, advertising copy, specifications or material furnished to Goldstein Associates by the purchaser or prepared by Goldstein Associates at purchaser’s request including reasonable attorney’s fees with court costs.
14. The purchaser will pay all sales, use and other taxes and impositions, except net income taxes, due or arising in connection with this sale or applicable to the goods after delivery.
15. If the purchaser shall fail to pay any indebtedness owed to Goldstein Associates, shall become insolvent, shall cease to carry on business substantially as now conducted, shall suffer the appointment of a receiver or the commencement of any proceeding under any bankruptcy or insolvency law, or if the seller shall at any time in good faith believe that any such event has occurred or that, for any other reason, the prospect of due and punctual payment of the purchaser’s obligations is impaired, then Goldstein Associates may immediately suspend its performance under this agreement and may demand immediate payment of all amounts due or to become due to the seller from the purchaser with respect to this transaction.
16. The purchaser acknowledges that Goldstein Associates’ representative has no authority to agree or accept any advances, loans or payments unless stated on the face of this form.
17. This agreement sets forth the entire agreement of the parties with respect to the subject matter covered. It supersedes all prior offers and agreements. The provisions of this agreement shall govern and displace any inconsistent provisions which may be set forth in any purchase order form or other document heretofore or hereafter submitted to Goldstein Associates by the purchaser. Goldstein Associates specifically objects to the inclusion of any terms or conditions proposed by the purchaser which are different from or additional to the terms and conditions set forth herein.
18. Interest at the rate of 18% per annum shall be due on any payment not received within 10 days of its due date.
19. In the event of litigation relating to the subject matter of our contract, the prevailing party shall be entitled to reimbursement for its reasonable attorney fees and costs incurred in such litigation.
19. Choice of law and forum. - This Agreement shall be interpreted under the laws of the State of Colorado. Any litigation under this contract shall be resolved in the trial courts of Denver County, State of Colorado.