Electronic Imaging Materials, Inc. – STANDARD TERMS AND CONDITIONS
PAYMENT: Buyer shall make Payment by Credit Card or Wire Transfer at the time of the order unless a Credit Agreement has been approved by Electronic Imaging Materials, Inc. When a Credit Agreement has been completed with Electronic Imaging Materials, Inc. then payment shall be made within thirty (30) days of receipt of invoice. If Buyer fails to make complete payment within 30 days of receipt of invoice to Electronic Imaging Materials Inc. for products shipped by Electronic Imaging Materials Inc. 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 attorneys 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 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 is required to file a use tax return if tax is due in connection with 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 for processing orders to locations outside 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. 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 provide all pertinent information about how products will be used. The end-user bears ultimate responsibility to confirm that the products meet application requirements by doing thorough product testing. Hardware items may be tested by our engineers prior to shipment to end-user to ensure optimum performance, but technical support and warranty service is provided directly from 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 point of such delivery. Carrier will thereafter be deemed as acting for Buyer and the shipment will be at Buyer’s risk. Shipments of orders paid by credit card shall be considered 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 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 product to us with all components and packaging in original condition within 7 days from the day you received it. After 7 days, we will not accept the product for return. 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 Electronic Imaging Materials is not responsible for any violations to registered or unregistered copyrights or trademarks that occur as a result of the materials you provide us and will indemnify and hold Electronics 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 FOR ITS PURPOSES OF THE PRODUCTS THAT IT PURCHASES.
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 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. No claim or action arising out of any claimed breach of these terms and conditions may be brought by either Electronic Imaging Materials or Buyer more than two (2) years after the claim or cause of action has accrued.
THE LAWS of the state of New Hampshire shall govern this agreement.
POLICY ON OVERRUNS
Electronic Imaging Materials, Inc. works to manufacture the highest quality bar code label products. At the same time, we strive to control resource usage and maintain the lowest possible prices.
The manufacturing processes used to manufacture labels and ribbons sometimes result in larger or smaller quantities than the amount ordered. To ensure consistent product, a certain amount of time and material is required to setup a job. Not until the job is definitely running smoothly does an official count begin. Our goal is to produce an amount equal to or slightly greater than the amount ordered, allowing for final judgment of quality during inspection. This practice has been incorporated into our pricing policies so that we are able to maintain lower prices than would otherwise be practical.
The end 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) amounting to +/- 10% of the quantity ordered, we attempt to avoid any amount smaller than the amount ordered since that may create more difficulties than an extra amount. It is our experience that this extra amount may be up to 10%.
It is the policy at Electronic Imaging Materials, Inc. to do everything we can to ship you the right product the first time and each and every time. However, we recognize that humans are not perfect. Errors are rare and we seek to resolve them fairly and promptly.
When an error occurs, we ask that you contact our Sales Department immediately. Please indicate what the problem is — for example: “wrong quantity” or “wrong product received.” In order to assure that a similar error does not occur on your orders, or any other orders, we will investigate the cause of the error. When we discover the source of the error, we will take action to resolve any underlying procedure or other factors that might have contributed to your problem.
Software and hardware products may be returned for replacement credit only. Opened 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 product to us with all components and packaging in original condition within 7 days from the day you received it. 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, we ask that you contact our Sales Department immediately. If the problem appears to be a result of our error, one of our labeling professionals will issue a Return Merchandise Authorization number (RMA#) which must appear on the outside of the packaging when you return 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 to 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 (just as you received it).
- Do not write on inner product boxes. We charge a restocking fee of at least 15% for 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 – 2018 Electronic Imaging Materials, Inc. All rights reserved. Electronic Imaging Materials, Inc., Cap and Wrap®, Code-N-Seal®, CryoLabel®, EIMINC®, EverPeel®, Flag-N-Vu®, Wrap-N-Vu®, XyDefy®, InvisiLabel®, Met-L-Mark®, SecuraLabel®, SpeciMark®, XyRepel®, 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.