XAITAMAX GENERAL POLICY AND STANDARD INFORMATION
ORDERING POLICY AND PROCEDURE
The Client is referred to as the (Buyer). Xaitamax LLC will be referred to as the (Seller).
Buyer (Client) will provide the Seller (Xaitamax LLC) with a written Purchase Order if used by their company.
Seller will provide Buyer with an Order Confirmation.
Buyer will be responsible to review and sign the Sellers Order Confirmation, as this is required before the Purchase Order to the supplier/manufacturer is processed.
If there is any conflict between the Clients Purchase Order and the Order Confirmation, Client needs to inform Seller before signing so that a review can take place and corrections, deletions or changes can occur.
We are a company that is out to satisfy and work with our clients, even if at times we have to bend the rules and create change to accommodate our clients. Our Client’s Satisfaction is Our Satisfaction.
Buyer will be billed in the form of an Invoice. Invoice will be dated according to shipping date from the FOB point.
Buyer is responsible to review and sign the Artwork Paper Proof to complete the order.
It is important to know that any delays in artwork approval may delay production, delivery and impact in hand delivery date. So timely return and review of artwork in very important to you and to us.
Any changes in Artwork that incur charges, client will be billed for on the final invoice. Artwork charges incurred due to changes in provided Art form will also be charged on the final invoice. In some cases, Artwork changed require a New plate, if a new Plate needs to be created due to Artwork changes, the cost of the additional plate charge, set- up charge, design labor charge will be invoiced on the final invoice.
Buyer must inform Seller of any special delivery requirements that would normally incur extra freight and handling expenses. Such requirements include, but are not limited to: Inside delivery, lift gate, delivery notification, residential delivery, drop shipment, split shipment etc. If Buyer does not inform Seller of such special delivery requirements, Buyer understands they will be responsible for these extra charges.
DEPOSIT AND CREDIT SALES
An advance deposit of 50% is required to process an order unless other arrangements have been made between Buyer and Seller or Terms have been established. If Seller elects to extend buyer net terms for balance due, invoices are due and payable net 30 days after invoice date. Buyer hereby agrees to pay invoices when due and Seller will make every attempt to collect the balance due from Buyer before it goes to collections.
RETURN CHECKS/ PAYMENT
Buyer agrees to pay all costs and attorney fees incurred in collection of all past due invoices. Seller will charge Buyer a $35.00 fee for any returned checks.
TAX- EXEMPT FORMS/ CREDIT APPLICATION
Buyer will provide tax-exempt when applicable. Buyer will complete a credit application if requested from Seller.
OVER RUNS OR UNDER RUNS
Seller will make every attempt not to have any under runs on the order and have the exact amount produced for the order. Buyer understands that it is better to have over runs on an order and agrees to pay for them as long as they do not exceed 10 percent of the total quantity ordered. Buyer agrees to pay all overrun costs.
RETURNS AND DAMAGES
Returns are not acceptable without the approval from the Seller. Blank items are not returnable at all. Products are non-refundable unless there is a manufacturer defect, or damage and it is proven. Buyer understands there may be a re-stock charge of a minimum of 25%, but could be as much as 90% that will be billed to the Buyer along with any return cost freight charges. If returns are not in the original packaging Seller can refuse to accept return shipment. If products are damaged Buyer agrees to contact Seller within 3 days of delivery and Seller will take care of the problem. Seller has the right to negotiate discounts and offer discounts and exchanges in lieu of returns. If product is damaged in delivery seller must notify distributor on the day of delivery so claim can be expedited.
PAST DUE INVOICES
Invoices past due over 60 days from the date of shipment will incur interest charges of 18% starting at Net 30 days, unless negotiations and specific agreements have been made in advance. Otherwise, all clients on Net 30 day terms are included.
All orders are considered firm and cannot be canceled except by written request and written acceptance by Seller. Custom orders with a logo are not cancelable once sales order is signed and processed. Cancellation charges may apply.
Special Delivery/ Rush Production/ Rush Shipping/and Rush Charges: All special event dates must be stated prior to signed order confirmation in order to confirm delivery ability and when applicable rush order needs. Stated dates of delivery are the Seller’s best approximation as to when delivery is likely to occur. Seller will make every attempt to have the order reach the Buyer on time. The Seller shall not be liable for any damages whatsoever arising out of delay in delivery, including, but not limited to, the following: (a) the unavailability or refusal of a person to accept delivery of the shipment, (b) acts of nature, (c) public authorities acting with actual or apparent authority on the premises, (d) riots, (e) strikes or other labor disputes, (f) civil commotions, (g) transportation accidents, (h) disruptions in air or ground transportation networks, such as weather phenomena, and natural disasters, or (i) other events outside the control of the Seller.
FREIGHT CLAIMS AND DAMAGES
Reporting shortages in the number of cartons or packages shipped is the responsibility of the Buyer. Buyer needs to check in the right number of cartons or packages shipped and note any shortages on the delivery paperwork. If Buyer receives damaged merchandise or cartons, Buyer must make the delivery company aware of the problem and write it down on the paperwork. Buyer will contact the delivery company and the Seller right away so that the problems can be addressed appropriately and the correct procedures for that delivery company are followed.
We strive to coordinate colors to commercial standards. However, the nature of some materials can make exact color matching impossible. For example, there are inherent problems in matching plastics, metals, paper products, and board products. Seller will not be responsible for shades off from a color match. Buyer will provide PMS colors as desired, and Seller will provide requirements to the Suppliers, in most cases Suppliers strive to match PMS colors as close as possible or standard colors will be provided for the Buyer to choose from. Seller will assist in all creative details on product orders.
Please note that certain products can be damaged if exposed to extreme heat or extreme cold. Precautions should be considered when storing merchandise for long periods of time. Seller shall not be responsible for any damages caused by weather conditions or storage conditions once merchandise is delivered to Buyer.
Seller at times will provide Buyer with samples free of charge, and send sample packages throughout the year so Buyer has the ability to see, touch, and experience new products before making a purchase. Some samples are costly, therefore when samples are requested Seller had the right to invoice clients, this is done on a case-by-case determination. Samples will be billed to Buyer as agreed unless special arrangements have been made and approved by the Seller. Buyer can pay for sample freight charges using their own freight account number. Samples are not returnable for credit.
Customers agree that there logo may be used by manufacturers or Xaitamax LLC for advertising purposes.
Once an order confirmation is signed, shipping addresses and orders cannot be termininated, quantities can be increased which may delay delivery.
At times Seller will produce samples free of charge with a Buyers logo for the Buyer; (ei: especially when a real sample can be done with no costs to show actual imprinting quality and details, this is especially beneficial when choosing new products. Buyer must indemnify Seller of any liability arising out of or relating to any actual alleged infringement of trademark, copyright, service mark etc. It is understood that the Seller has the right to reproduce and create samples using the Buyer’s logo. Seller has the right to display sample products produced in the Buyers in showroom. Seller will obtain written consent if they desire to place a sample product with the Buyer’s Logo on their websites.
CHANGE OF OWNERSHIP OR MANAGEMENT
If ownership and/or management of the Buyer should change, it is the responsibility of the previous owner/management to pass on the obligation of the contract to the new owner/management or resolve any outstanding balance of goods that should remain on the agreement with XAITAMAX LLC at the time of change.
Buyer agrees to the exclusive jurisdiction of the Superior Court of NJ, Monmouth County regarding all claims between Buyer and Seller and hereby submits to the personal jurisdiction of that court. All matters relating to such claim, proceeding, action or legal suit shall be construed only under the laws of the State of New Jersey. Buyer consents to service of process by substituted means, that is, by service of process through certified mail return receipt requested at the address indicated on page 1 of the Order Confirmation or as hereafter designated in writing by Buyer and delivered to Seller. Any action, legal or otherwise commenced by the Buyer must be filed and served within one year from date of delivery of product, failing to do so in that time frame Buyer waives all claims which could be the subject matter of such suit or action.
A limited warranty period is established by all manufacturers differently due to the various products sold; for example: batteries, materials used etc. Please inquire before purchase as to what the warranty period is. The Seller’s only obligation and the Buyer’s only remedy for the breach of Warranty is limited, at the sole option of the Seller, to repair, replace, or credit the purchase price of the product or part found to be defective. Products that receive refund or replacement must be returned to Seller or as requested to the Manufacturer, in order for the Seller to put in a claim with the Manufacturer. **Please see above for Freight and Delivery Damages.
MERCHATIBILITY / WARRANTY OF FITNESS
It is understood that the Seller is a Distributor of products and not the Manufacturer or Merchant of the products ordered and therefore it is understood that you will not hold the Seller libel for product defects where injury is sustained from the use of the product. The Buyers only resolutions are written under the Sixty- Day Limited Warranty Clause. It is agreed that recourse for injury, damages sustained from injury and such will be solely between the Manufacturer and the Buyer. Seller will provide necessary information to the Buyer and will work with the Buyer in an effort to resolve injury related disputes, to the best of their ability. Buyers are solely responsible for securing their own legal services and costs. Under the Uniform Commercial Code (UCC) Article 2 the Seller disclaims any implied or expressed warranty of “merchantability”, and disclaims that any product purchased is fit for a particular purpose.
Sales tax will be charged for businesses in New Jersey only. If you are tax exempt, you must send Seller a copy of your tax-exempt certificate. We also request Tax Exempt forms for organizations in New York due to the reciprocal agreement between NY and NJ. Thank you.
UNLESS OTHERWISE SPECIFIED ON THE ORDER CONFIRMATION: PRICES DO NOT INCLUDE FREIGHT, SPECIAL HANDLING OR SPECIAL PACKAGING FOR SITUATIONS LIKE BREAKAGE CONTROL, OR ARTWORK CHANGES IF APPLIED, TYPESETTING ART CHARGES, AND APPLICABLE NEW JERSEY SALES TAX.