Terms and Conditions

1    ACCEPTANCE:

• All orders are subject to acceptance by Flexsystems USA

2.   CARE AND HANDLING OF FLEX PRODUCT:

• All parts must be taken out of the bags as soon as they arrive.

• Spread them out as much as possible so they can breathe.

• Parts must be stored in an area that does not have direct sunlight, high humidity and temperatures above 80 degrees F.

• Our parts do not require air conditioning, although in some situations it is recommended.

• Do not put Flexsystems parts face to face, they may pick up dies from the other parts.

• When cleaning any product, including silk-screen, please use warm soapy water, no solvents or abrasives.

3.   RETURN OF PRODUCT:

• No returns accepted unless authorized in writing.

• All requests for returns must be made within 30 days of receipt of product.

• No credit or replacement will be made until Flexsystems USA has inspected the product.

• Flexsystems USA will not issue any credit due to damage to product.

• Replacements will be made only after inspection.

• Credit only, no cash.

4.   CANCELLATIONS:

• No orders can be cancelled once the order has been placed in production.

5.   OVER/UNDER RUNS:

• We ship and bill +/- 5% of quantity ordered which constitutes filling the order under trade practices.

6.   SPOILAGE

• We allow 2% spoilage on blank goods received.

7.   BLANKET/CONTRACT ORDERS:

 • Flexsystems USA will ship all orders within 30 days of receipt if in-hands date is not specified.
• Larger quantities may take longer

8.   TERMS AND CONDITIONS:

• Title of goods does not pass to buyer until funds are collected and/or cashed by Flexsystems USA.

• Returned checks will be charged $25.00 per check.

• All costs involved in collection will be charged to the buyer and interest on all past due accounts
will be either 10% percent per annum or the maximum allowed by law whichever is more.

• All attorney fees incurred will be added to the total owed by the purchaser.

• Refund will not be issued after production has started. Only a credit will be issued for future orders on account.

• All Orient orders are C.I.A.

• All USA orders are C.I.A.

9.   TOOLING & ARTWORK:

• Ownership of all dies, molds, and production artwork files are retained by Flexsystems USA as the invoice to clients
do not reflect total production costs.

10.   SHIPMENT AND SHIPPING CHARGES:

• No liability will be incurred by Flexsystems USA due to late delivery.

• Shipments delivered to, or picked up from Flexsystems USA by truck must have tail lift/lift gate.

• If Flexsystems is decorating product, you cannot ship to Flexsystems until authorization is given.

• Purchaser shall be responsible for all freight, COD, and handling.

• Customer is responsible for providing shipping information prior to or upon completion of the order.

• Any delays will result in a $75.00 per day charge for storage and must be paid prior to shipping.

• Orders refused or returned due to freight/shipping issues will be charged to customer for additional handling fees.

11.   TAXES:

• Should any tax be imposed by law, government agency or board of equalization effect the merchandise billed,
customer agrees to pay such tax in addition to the amount of each invoice in a timely manner.

12.   ADVERTISING & PROMOTION:

• Purchaser grants permission to Flexsystems USA to use production overruns and non-paid for product,
for company advertising purposes.

• The advertising can be in the form of brochures, print advertising, web or email campaigns,
or samples to assist in the development of future sales and marketing.

• Flexsystems USA shall not be liable for royalties or fees.

13.   MOLD & DIE REPLACEMENT:

• Purchaser is responsible for all costs for replacing any damaged molds or dies due to normal wear.

• Molds will be kept for two years after the last order & destroyed after that unless special written arrangements are made.

14.   HEAT SEAL AND ADHESIVE:

 • Purchaser is aware that all adhesives and heat seal have a 30 day shelf life.

• It is the sole responsibility of purchaser to test all adhesives and heat seal prior to production.

• All customers will be required to sign off acknowledging total acceptance of the heat seal and adhesive.

• No returns or credits will be authorized by Flexsystems.

15.   PRICE INCREASES/QUOTES:

 • Quotes are only valid for 90 days unless otherwise specified.

• Any orders or re-orders placed after 90 days will be reviewed for possible price increase.

16.  WARRANTY

a)  In no event shall Flexsystems USA be responsible for claims beyond the replacement value of any of our defective products or in any way liable or responsible for damages of any manner whatsoever which may result from use
of such product.

b)  The above constitutes the entire obligation of Flexsystems USA with respect to warranty. This supersedes any and all warranties previously given and is in lieu of all other warranties and guarantees, whether expressed, implied, or statutory.

c)  No salesperson, representative, agent or employee of Flexsystems USA is authorized to give any guarantee,
warranty or make any representation contrary to the foregoing, unless authorized by the President of
Flexsystems USA in writing.

d)  Suitability:  Flexsystems USA is not responsible for any damage to our products that occur.
It is the responsibility of the purchaser(s) to ensure that the material we offer is compatible with their requirements.

e)  Artwork:  It is the responsibility of the purchaser to review all artwork and samples.
Flexsystems USA is not responsible for errors or omission on any signed art approval or sample approval.

All the above terms and conditions are governed by the laws of the State of California. Any disputes arising will be resolved in El Cajon, Ca.