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TERMS AND CONDITIONS
This Supply and Payment Terms and Conditions, in conjunction with any credit application, if applicable, and accepted price quote, sets forth the entire understanding between the parties with respect to the subject matter hereof and supersedes any prior agreement or understanding between the parties, whether written or oral. An order is only deemed to have legal effect if acknowledged in writing by Tex Visions LLC (hereinafter “TV”) management. Any agreements or changes to orders between customers and TV employees are only effective when acknowledged in writing by TV management..
All prices are quoted net and do not including any state or federal tax. The quoted prices are subject to supply of all necessary customer designs which must be graphically processed in compliance with any instructions provided by TV. The current hourly rate shall be charged for any requested amendments or necessary graphical processing. TV reserves the right to amend prices should there be an increase in material or wage costs, between order and delivery. If the price increase is more than 5% of the total original price, the customer has the right to rescind the contract within 14 days of receipt of notice of the price increase.
If a specific delivery date has been agreed upon, the customer must ensure that TV receives in sufficient time, any designs and computer files required for processing the order. In supplying printed data, the customer warrants that there is no infringement of copyrights, trademark rights or other protected property rights of third parties. In the event customer has infringed upon a third parties’ copyright, trademark or other protected property rights, customer agrees to indemnify and hold harmless TV from any and all claims arising out of their infringement. All drawings, drafts, provisional templates, films, computer files or other design material prepared by TV for the processing of the order shall remain the property of TV and may only be passed on to third parties on approval from TV. Materials relating to the order will be kept for 2 years in the form of films and/or drawings. Subsequent orders will be subject to a charge of the then current hourly rates to reactivate these designs.
Customers Designs, Deviations, Excess or Short Supply
technical limitations of textile printing and from differing colors on different types of background materials. Such deviations do not constitute grounds for canceling an order, refusing delivery, or refusing to make payment. This also applies to deviations between pre production samples and series production which are unavoidable. Customer further agrees to accept any customary excess or short supply by up to 10% in respect to items made to order. The customers account will be adjusted accordingly at the point of shipping. If an exact quantity is required, there will be a price premium applied to the order. All digitally printed orders will receive exact quantities. Deviations in width and length by +/- 7% are unavoidable as a result of technical production procedures and do not constitute grounds for canceling an order, refusing delivery, or refusing to make payment.
Shipment / Supply
The supply periods quoted and prescribed are non-binding, unless TV has given an express written guarantee that the delivery period will be observed. The quoted supply date usually refers to the date of shipment from TV or manufacturing facility. If the supply date is exceeded, the customer agrees to an extension period of 30 days for completion and subsequent performance of the contract and cannot rescind the contract or cancel the order, or seek damages until the extension period has passed. The scope of such damages is set in paragraph 9. All goods are shipped at the expense and risk of the customer. All transportation and packaging costs will be paid by the customer. TV shall not be liable if there are any delays in production or supply or if such production or supply becomes impossible for reasons outside TV’s control, such as customer’s failure to timely supply necessary materials or drawings. TV reserves the right to make partial deliveries, and invoice for the items actually delivered. We reserve the right to adjust shipping methods based on production volume to meet your delivery date without refunding production or shipping charges.
Supply of Flagpoles and Large Pictures
When supplying flagpoles, TV accepts no responsibility for the necessary technical requirements being met or for associated hardware. Customer is responsible to erect flagpoles, and have the supplies and knowledge to do the same. Large fabric pictures are subject to varying weather influences, especially when positioned outside. Fabrication and erection technology have a decisive influence on proper and safe use of the product. Consultation of a project manager with knowledge of local conditions is always recommended. TV’s product warranty is limited to resistance to tearing, light fastness and washability under laboratory conditions. For product surfaces less than 25 square meters, the customer should request TV’s production and erection recommendations before placing an order. For product surfaces in excess of 25 square meters, the customer must always arrange for planning work to be done prior to placing an order. TV will not be liable for any failure of the customer to consider specific application conditions and/or improper erection/use.
Any complaints must be submitted in writing within 8 days of receipt of the goods. No warranty, express or implied, shall apply if the customer fails to observe the supplied instructions for care and erection, or if customer has processed the goods or taken them into operation. The warranty does not cover usual wear and tear. Upon timely notification of a legitimate complaint, TV reserves the right to either remedy the defect or supply a replacement within 14 days of receipt of the returned goods. In such case, TV will pay the necessary shipping costs. If subsequent replacement proves unsuccessful, the customer only reserves the right to reduce the purchase price or rescind the contract. Warranty claims must be submitted in writing to TV within 6 months from receipt of goods.
Reservation of Ownership
All goods supplied to customer remain the property of TV and TV shall have a lien on said goods until all outstanding invoices have been paid in full. The customer is permitted to re-sell the conditional goods, provided their financial condition has not changed and notice is given to TV. Customer hereby assigns to TV any and all rights associated with the re-sale of the conditional goods. In the event of re-sale and assignment, customer agrees to fully cooperate with TV and provide all necessary information and documentation requested by TV.
In the event of a breach of contract, TV’s liability is limited to foreseeable losses up to the amount of the purchase price payable. TV cannot be held liable for damages caused by acts beyond its control, including, without limitations, improper handling, installation, extremes in weather conditions, vandalism, accidents, or Acts of God.
Customer agrees to the recording and processing personal or corporate data in a database, to be used only by TV. All data collected and stored will not be shared with third parties without written consent from the customer, or court order.
TV will extend credit to approved customers who complete the credit application set forth below. By completing a credit application, customer is requesting that TV sell goods on account.
Payment / Service Charges
If Credit Account was approved and if not otherwise agreed customer agrees to pay for all goods purchased within 30 days after product completion. Customer agrees to pay a service charge on any balance not paid within 30 days of product completion. The service charge shall be 12% per month on all outstanding accounts. For goods paid within 8 days from the invoice date (for compliance of this time limit, TV must have payment received within 8 days), a discount of 2% shall be granted unless otherwise agreed. The deduction of discounts shall not be permitted if invoices previously sent to the customer are outstanding and their due date for payment has been exceeded. Setting off amounts against counterclaims shall not be permitted unless the counterclaim is indisputable and determined in a legally effective manner.
In the event customer is in default under these terms and conditions, and TV takes legal action to collect on the account, customer shall be liable for TV’s reasonable attorney’s fees, court costs, service fees, and bond or lien costs, if any.
Partnerships / Sole Proprietors
In the event customer is not a corporation, but rather a partnership or sole proprietor, the principal owners thereof shall act as guarantors or sureties on the account, and shall remain personally and individually liable for any indebtedness incurred.
Applicable Law and Venue
Any disputes arising out of this document or the business relationship established between the parties, shall be governed by the laws of the Commonwealth of Pennsylvania, and venue will lie in the Court of Common Pleas of Cumberland County Pennsylvania.
The text and design of the website of Tex Visions is protected by copyright law as far as its form and content are concerned. Apart from the downloads offered, which may only be used in their original versions, the use of the texts and images is prohibited as a rule and shall only be possible with the express written consent of Tex Visions.
Any unlawful or unauthorized use of any portion of this site may be a criminal offense and result in a claim for damages. Use of this site as well as any dispute occurring from the use of this site is subject to U.S. law.
Accuracy of Information
Tex Visions strives to provide accurate information on our site. We do not guarantee that this information will be accurate, timely, or complete. The information on this site is subject to change without notice and may have inaccuracies or typographical errors. To the fullest extent permitted by law we accept no liability for these inaccuracies or errors.
We are not liable for your use of any information found on this site. It is up to the user of our site to make sure that the information meets their project needs.
Tex Visions recognizes and acknowledges all trademarks found on this site that are not licensed to Tex Visions.
Third Party Links
Tex Visions does not assume any liability for the content of external links. The content of pages to which such links exist lies only in the area responsibility of their operators.
What information do we collect?
Tex Visions collects personal information when you create an account on our site, register to become a reseller, place an order, or sign up to receive our e-newsletter. We may collect information such as your name, e-mail address, mailing address, phone number, credit card information, or other personal information.
How do we use your information?
The information collected by Tex Visions is used in a number of different ways, for anything from processing your order in a timely manner to improving our customer service. Your personal information may also be used to customize your site experience and to occasionally communicate order updates via e-mail. Resellers may also receive our e-newsletter. To opt-out of future e-newsletters, simply click the link at the bottom of the e-mail.
How do we protect your information?
Tex Visions does not share, sell, trade, or otherwise disclose personal information with outside third parties without written consent from you or court order. Any information collected will be stored in a database used and accessed only by Tex Visions. Our site also uses Authorize.net, a secure online payment gateway, to protect sensitive personal information, including credit card information.