Electronic Imaging Materials, Inc. – STANDARD TERMS AND CONDITIONS
PAYMENT: Buyer shall make Payment by Credit Card, ACH, or Wire Transfer at the time of the order unless a Credit Agreement has been approved by Electronic Imaging Materials, Inc. Upon completion of a Credit Agreement with Electronic Imaging Materials, Inc., payment shall be made within thirty (30) days of receipt of invoice. If Buyer fails to make complete payment to Electronic Imaging Materials Inc. for products shipped by Electronic Imaging Materials Inc. within 30 days of receipt of invoice or should Buyer become insolvent or be party to any bankruptcy or receivership proceeding prior to full payment of said invoice for all amounts payable hereunder, Electronic Imaging Materials may, notwithstanding any other provisions herein set forth: (a) refuse to make further shipments to Buyer; (b) with or without demand or notice to Buyer declare the entire amount unpaid immediately due and payable; and (c) retake and sell any or all of said products as permitted under applicable law, applying the proceeds of the sale to the expenses of retaking, repairing and selling said products, reasonable attorney’s fees and to the satisfaction of all indebtedness then due and unpaid. Any surplus shall be paid to Buyer, and Buyer shall pay any deficiency to Electronic Imaging Materials.
ORDER ACCEPTANCE: All orders are offers to purchase; no contract exists until accepted by Electronic Imaging Materials’ home office.
PRICES are exclusive of federal, state, or other excise or use taxes as well as shipping and handling charges, which may be separately shown on invoices. The buyer is responsible for complying with all applicable laws and regulations, including payment of any applicable taxes, duties, or fees to the appropriate government authorities. Colorado, Georgia, Oklahoma, or other jurisdictions’ sales or use tax may be due in connection with the purchase and delivery of tangible personal property to Colorado, Georgia, or Oklahoma individuals and businesses, as well as deliveries to other jurisdictions. The purchaser must file a use tax return if tax is due on the purchase and delivery in Colorado, Georgia, Oklahoma, or other jurisdictions. This notice is required pursuant to the provisions of 68 O.S. §1393, and other applicable laws. Quoted prices apply for 30 days. Prices are F.O.B. shipping point. Specification changes made by Buyer may affect prices.
SHIPPING AND HANDLING charges may include freight, documentation, and payment processing fees. Additional time may be required to process orders for delivery outside of the 48 contiguous United States. Pre-payment by wire transfer is required for all fees, duties, and taxes incurred in charges for freight, forwarding, and export of merchandise for customers outside the United States, unless a Credit Agreement has been established between the customers and Electronic Imaging Materials, Inc.
SPECIFICATIONS: If additional information about Buyer’s requirements warrants, Electronic Imaging Materials, Inc. reserves the right to stop work on the order and submit a proposal to Buyer. Because Electronic Imaging Materials, Inc.’s policy is one of continuous improvement, Electronic Imaging Materials, Inc. reserves the right to change specifications and design at any time upon notification of Buyer. It is important that the end-user provides all pertinent information on how the products will be used. The end-user bears the ultimate responsibility for confirming that the products meet application requirements through rigorous product testing. Hardware items may be tested by our engineers prior to shipment to the end-user to ensure optimal performance, but technical support and warranty service are provided directly by the equipment manufacturer.
DELIVERY to a public carrier, consigned as Buyer directed, shall constitute transfer of the shipment’s title, ownership, possession, and property to Buyer at the point of such delivery. Carrier will thereafter be deemed as acting for Buyer, and the shipment will be at Buyer’s risk. Shipments for orders paid by credit card will be treated as prepayment or delayed delivery transactions due to the custom nature of our products.
CANCELLATION OR RETURNS: If Buyer cancels an order, all future work thereon will be stopped by Electronic Imaging Materials as soon as reasonably possible, and a cancellation charge will be rendered in the amount of the costs incurred to the date of stoppage plus 10%, less allowances Electronic Imaging Materials may be able to make for standard products or salvage. No product should be returned without permission from Electronic Imaging Materials. Software and hardware products may be returned for replacement credit only. Opened/activated software products will not be accepted for return or replacement. We provide replacement hardware or software only if the product you receive is (a) defective or (b) not the item you ordered. To qualify for any replacement credit, you must return the software and hardware products to us, with all components and packaging in their original condition, within 7 days of receipt. After 7 days, we will not accept product returns. Please contact the original manufacturer for warranty coverage and product service.
PROPRIETARY RIGHTS shall not accrue to the Buyer in the patent, design, specifications, and workings of any products, nor jigs, fixtures, or tools, or other equipment used in making them.
By entering into a purchase agreement with Electronic Imaging Materials, you acknowledge that you own or are legally entitled to use any and all intellectual property relating to any written or graphical content that you provide to us. By entering into this agreement, you acknowledge that Electronic Imaging Materials is not responsible for any violations of registered or unregistered copyrights or trademarks that occur as a result of the materials you provide us and will indemnify and hold Electronic Imaging Materials harmless against any claims by third parties.
TYPOGRAPHICAL ERRORS: Electronic Imaging Materials shall not be responsible for typographical errors caused as a direct result of buyer error.
WARRANTIES AND GUARANTEES:
ALL INFORMATION, DESCRIPTIVE MATERIAL, AND RECOMMENDATIONS FOR USE ABOUT ELECTRONIC IMAGING MATERIALS PRODUCTS ARE BELIEVED TO BE RELIABLE. THE FURNISHING OF SUCH INFORMATION, DESCRIPTIVE MATERIAL, AND RECOMMENDATIONS IS FOR INFORMATIONAL PURPOSES ONLY, HOWEVER, AND DOES NOT CONSTITUTE A WARRANTY OF ANY KIND BY ELECTRONIC IMAGING MATERIALS INC. ALL ELECTRONIC IMAGING MATERIALS PRODUCTS ARE SOLD WITH THE UNDERSTANDING THAT EACH PURCHASER WILL INDEPENDENTLY DETERMINE THE SUITABILITY OF THE PRODUCTS THAT IT PURCHASES FOR ITS PURPOSES.
PRODUCTS SUGGESTED OR SOLD BY ELECTRONIC IMAGING MATERIALS, INC. ARE GUARANTEED ONLY AS TO THE CONFORMANCE TO SPECIFICATION STANDARDS SET FORTH BY ELECTRONIC IMAGING MATERIALS. ELECTRONIC IMAGING MATERIALS, INC. WILL REPLACE ANY ELECTRONIC
IMAGING MATERIALS PRODUCT NOT MEETING SUCH STANDARDS WITHOUT CHARGE. THE DETERMINATION OF THE SUITABILITY OF SUCH PRODUCTS FOR ANY PARTICULAR APPLICATION IS THE RESPONSIBILITY OF THE BUYER. THERE IS NO IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
“REPLACEMENT F.O.B. ELECTRONIC IMAGING MATERIALS’ PLANT” CONSTITUTE BUYER’S SOLE REMEDY FOR ANY BREACH OF THE FOREGOING GUARANTEES AND IN NO EVENT SHALL ELECTRONIC IMAGING MATERIALS, INC. BE LIABLE FOR CONSEQUENTIAL OR SPECIAL DAMAGES OR FOR TRANSPORTATION, INSTALLATION, ADJUSTMENT, OR OTHER EXPENSES WHICH MAY ARISE IN CONNECTION WITH MACHINES.
THE FOREGOING GUARANTEES ARE IN LIEU OF ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ELECTRONIC IMAGING MATERIALS UNDERTAKES NO RESPONSIBILITY FOR THE QUALITY OF GOODS, EXCEPT AS OTHERWISE PROVIDED IN THIS CONTRACT.
COMPLETENESS: The terms and conditions stated herein represent an agreement between Electronic Imaging Materials Inc. and Buyer which, together with the terms, provisions and conditions on the face hereof, constitute the entire agreement, understanding and representations, expressed or implied, between Electronic Imaging Materials Inc. and Buyer and supersedes all prior and future communications between the parties, including all oral and written proposals.
CONSEQUENTIAL DAMAGES hereof shall include, without limitation, loss of use, income, or profit, or losses sustained as a result of injury (including death) to any person or loss or damage to property, including, without limitations, materials manufactured, processed, or labeled by the use of the products.
LIMITATION OF ACTIONS: Any claim or controversy arising out of or relating to these terms and conditions and those described on the face hereof or the performance or breach thereof shall be settled by arbitration in accordance with the rules of the American Arbitration Association. Any claim or action arising out of an alleged breach of these Terms and Conditions must be brought within two (2) years after the claim or cause of action accrues.
THE LAWS of the state of New Hampshire shall govern this agreement.
POLICY ON OVERRUNS
Electronic Imaging Materials, Inc. strives to manufacture the highest quality barcode label products. At the same time, we strive to control resource usage and maintain the lowest possible prices.
Manufacturing processes for labels and ribbons sometimes produce quantities that differ slightly from the order amount. To ensure a consistent, high-quality product, a certain amount of time and material is required to set up a job. Not until the job is running smoothly and consistently does an official count begin. Our goal is to produce an amount equal to or slightly greater than the order quantity, to allow final quality judgment during inspection. This practice has been incorporated into our pricing policies to help us maintain lower prices than would otherwise be practical.
The result is that the amount of material produced may exceed the exact order quantity. While the standard industry policy is to ship overages (or shortages) of +/- 10% of the quantity ordered, we aim to avoid any amount below the ordered quantity, since that may create more difficulties than an extra amount. In our experience, the extra amount may be up to 10%.
RETURNS POLICY
It is the policy at Electronic Imaging Materials, Inc. to do everything we can to ship you the right product the first time, every time. However, we recognize that humans are not perfect. While errors are rare, we seek to resolve them fairly and promptly.
If an error occurs, please contact our Sales Department immediately. Please indicate what the problem is – for example: “wrong quantity” or “wrong product received.” To ensure that a similar error does not occur on any future orders, we will thoroughly investigate the cause of the error. Upon completing the analysis, we will take appropriate action to prevent or resolve any identified underlying issues.
Software and hardware products may be returned for replacement credit only. Software products that have been opened or activated are not eligible for return or replacement. We provide replacement hardware or software only if the product you receive is (a) defective or (b) not the item you ordered. To qualify for any replacement credit, you must return the product to us, with all components and packaging in their original condition, within 7 days of receipt. After 7 days, we will not accept the product for return. Please contact the original manufacturer for warranty coverage and product service.
When returning any product to us, please follow these steps:
- Call for a Return Merchandise Authorization (RMA#). When a problem occurs, please contact our Sales Department immediately. If the problem appears to be the result of our error, one of our labeling professionals will issue a Return Merchandise Authorization (RMA) number, which must be displayed on the outside of the packaging when you return the product to us. We will not accept shipments without a clearly marked RMA number.
- Properly Prepare Goods for Return.
- Use the original packaging. We recommend double-boxing all returns to help eliminate restocking fees and keep the product in “like new” condition.
- Return all materials in original condition. Make sure your returns are complete with all materials, manuals, cables, warranty cards, and static bags (as you received them).
- Do not write on inner product boxes. We charge a restocking fee of at least 15% on products and/or packaging not returned in resalable condition.
- Prepay Freight Charges or Request a Prepaid Call Tag. We will not accept COD shipments.
- Credit will be issued. The Accounting Department of Electronic Imaging Materials, Inc. will issue an appropriate credit within thirty (30) days of the date of your return.
TRADEMARKS AND COPYRIGHT
Contents © 1994-2026 Electronic Imaging Materials, Inc. All rights reserved. Electronic Imaging Materials, Inc., Cap and Wrap®, Code-N-Seal®, CryoLabel®, EIMINC®, EverPeel®, Wrap-N-Vu®, InvisiLabel®, Met-L-Mark®, SecuraLabel®, and XyResist® are trademarks of Electronic Imaging Materials, Inc. All other names and brands within this website are the property of their respective owners. Electronic Imaging Materials, Inc., does not claim any sponsorship, affiliation, connection, or association with any of the other companies, products, names, or trademarks listed.