A Better Idea!
General Terms & Conditions of Sale
Initial
Terms: Prepayment by check or credit card. Minimum order: $150 net. Clients ("signer") agree to pay all charges signed for on payment by credit card authorization form. By signing our authorization form, signer agrees that they are the authorized cardholder and responsible for all charges. All goods become your property at the time they are accepted by the carrier. All goods are custom imprinted products with the customer customization and are not returnable. All artwork, proofs, or order revision costs additional. Check Returns In all cases where we have a check returned for Non Sufficient Funds we will assess a $50.00 fee. Net 30 Terms If you are issued credit and you are late paying your invoice, a 1.5% finance charge or the maximum permitted by law may be assessed against all accounts with past due balances. You agree to pay all the company's reasonable attorney's fees and all collection agency fees incurred in the collection of any amount owed there under and not paid when due. Shipping Delays Customer agrees that it will not hold A Better Idea! accountable for delays in delivery occasioned by acts of God or other circumstances over which we have no direct control such as equipment failure or delivery carrier delays. If you delay in approval of your proof your order may ship expedited at additional cost. Factory shipment or delivery dates are the best estimates of our suppliers, and in no case shall A Better Idea! be liable for any consequential or special damages arising from any delay in delivery. Our on-time percentage is over 99.7%. Warranties A Better Idea! warrants that all goods sold are free of any security interest and will make available to you all transferable warranties made to A Better Idea! by the manufacturer of the goods. A Better Idea! makes no other express or implied warranties, and specifically makes no implied warranties of merchantability or fitness for purpose. A Better Idea accepts no liability for the use or misuse of any product distributed and accepts no resposibility for the manufacturer of these products. All products are used at your own risk. Acceptance Your submittal of an online order and/or your signature on our Order Acknowledgement is a conditional acceptance by A Better Idea! of your offer to purchase our goods and your acceptance of our terms and conditions. It may contain terms that differ from or add to those contained in your purchase order, should you have one, and to the extent that this is the case, A Better Idea! hereby expressly conditions its acceptance of your offer on A Better Idea!' assent to the additional or different terms. Your receipt and retention of the goods covered by this invoice shall constitute acceptance of any such additional or different terms. You and A Better Idea! agree that any contract hereby entered into has been made and is to be construed to Rhode Island Law. Transfer of Ownership of Merchandise All goods become your property at the time they are accepted by the carrier. All goods are custom products and your signature to purchase waives any right of return. Sales Tax A Better Idea! is required by law to collect all applicable sales taxes for the state, counties and cities of Rhode Island. Out of state catalog orders may not require sales tax. Companies, individuals and organizations who are exempt from sales tax should provide us with their resale certificate by fax to 401-841-5646. Cancellations and Alterations to Existing Orders Once an Order Payment Form is approved, we cannot guarantee our ability to make changes or cancellations to an order. A Better Idea! will make every effort to comply with your cancellation request. If you have already signed your Acknowledgment or Order Charge or Payment Form, there will be a minimum charge of $150.00. (NOTE: Rush Orders cannot be cancelled once order form is received. Work begins immediately. The charge may be greater depending on how much work was completed by the factory up to the time of cancellation. If artwork was received, all artwork preparation, screens, proofing and art time may be charged. Please be advised that our ideas, advice and advertising services ($65 per hour) are not free if you cancel your order. All costs incurred by A Better Idea! will be the responsibility of the customer. Since we are producing custom printed material per your authorization, once artwork has been approved, you order cannot be cancelled and must be paid for in full. Payment by credit card waives all right of dispute and you must contact A Better Idea to resolve your claim. By signing our payment authorization form you agree to have read and accepted these terms for your order. Claims, Adjustments and Returns If there is a question about your order please contact customer service at 1-401-841-5646 within 48 hours of receipt. Please have your order number available. WE DO NOT ACCEPT UNAUTHORIZED RETURNS. Any returns must be approved by our customer service department. If any problem arises, please call customer service at 401-841-5646 ext 205 immediately. If necessary we will issue an RMA number (return material authorization) and provide you with a special shipping address. NO RETURNS WILL BE ACCEPTED WITHOUT A VALID RMA#. All returns subject to a re-stocking fee of 25%. If your claim is approved, once goods are returned with a valid RMA and inspected, we will issue credit minus any re-stocking fees where applicable. Refund Policy Rush Orders: Rush orders may incur rush charges if needed. You will be advised of charges before placing order. Once authorization form is received, your order cannot be cancelled unless approved by a manager. If cancellation of your rush order is approved, the minimum cancellation fee of $150.00 will apply for research, time, artwork and screens. If there is a question about your order please contact customer service at 1-401-841-5646 within one hour of rush order placement. Please Note: Rush orders stop all other orders from production and require time and costs to be approved. Please be sure you would like to proceed before signing authorization form. All orders are final and cannot be cancelled.
Overages and Shortages We try to produce your custom printed order in the exact quantity ordered, but this is not always possible due to quality control efforts and fast running machines. Industry standards are +/- 10% over or under ordered quantity. We will discard unacceptable pieces and ship all acceptable pieces. We reserve the right to ship and subsequently bill or credit, your charge card or account, for up to 10% over or under the desired quantity. Website or Catalog Misprints: Specifications may change without notice. We
will confirm all details with you if you have questions. Copyright Notice
Trademark Notice
Site Pricing We reserve the right to change prices on the site at anytime. While we make best efforts to keep our site up to date, from time to time actual market conditions may change the price of a product. Pricing on our site is may change monthly depending on in-house availability. We will confirm pricing differences to you before acceptance of order. Disclaimer Products and logos shown on this web site appear only to illustrate the basic products and ability to include messages and art on them, but are never intended to suggest that the imprints were designed by A Better Idea!. We accept all copy and other materials submitted by the customer for use by the factory in producing items ordered on the basis that they are submitted in full compliance with all laws regarding trademark, service mark, copyright, etc. We will not accept liability for any infringements. We cannot and do not control whether listed merchants honor the promotions, discounts, prices or other information listed on the Site. Under no circumstances will A Better Idea! have any liability for any loss or damage caused by your reliance on information obtained through the Site on any offer misrepresented or not fulfilled by a member merchant. It is your responsibility to evaluate the accuracy, completeness or usefulness of any offer, promotion or other information available on or through the Site. You hereby acknowledge that any reliance upon any materials shall be at your sole risk. We cannot and do not control whether listed merchants honor the promotions, discounts, prices or other information listed on the Site. License and Site Access Submissions to A Better Idea Any remarks, suggestions, ideas, messages and data submitted by you to Superior Promos through this Website shall be and remain the exclusive property of Superior Promos. Therefore, Superior Promos discourages you from submitting Messages that you do not wish to assign to Superior Promos, including confidential information or any original creative materials such as product ideas or original works. You represent and warrant to ears, and accept responsibility for, the accuracy, appropriateness and legality of the Messages. Your submission of such Messages shall constitute an assignment to Superior Promos of all worldwide right, title and interest in and to all copyrights and other intellectual property rights in the Messages. Superior Promos is entitled to use, copy modify, disclose, distribute and make derivative use of any of the Messages for any purpose without restriction or compensation in any way to you. Limitation of Liability IN NO EVENT SHALL A BETTER IDEA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUCCESSORS OR ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE-WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RESULTS OF USE OF, THIS WEBSITE OR ANY CONTENT ON THIS WEBSITE, EVEN IF A BETTER IDEA OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEBSITE AND THE CONTENT THEREON, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS WEBSITE. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN A BETTER IDEA TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU. A Better Idea! 1151 Aquidneck Ave, Suite 498 Middletown, RI 02842 USA |
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