Preamble: As it is Targeted Promotions goal that all clients be 100% satisfied and our survey results show that clients are very satisfied with our product lines. Mistakes on rare occasions do sometimes happen. Our satisfaction guarantee is for those products that do not meet those specifications as determined by your order acknowledgment, and imprint proof. Targeted Promotions will make every attempt to insure your satisfaction 100% by not charging, replacing, or offering a discount on merchandise that does not meet these order specification.

 

Targeted Promotions Working Agreement with Customers

I. Placing an Order
A. An order can be placed with Targeted Promotions (the Company) via telephone, fax, on-line order form, email, or via on-line shopping cart.
B. Notice will be made to all customers with an Order Acknowledgment emailed in PDF format to the customer. A faxed method for notice will be used only if a email address is not on file, or the email on file comes back undeliverable, see PART VI of agreement.
C. Once an order is placed and acknowledgment sent to the customer. Without a notice otherwise from the customer concerning incorrect pricing, quantity ordered, product ordered, product color, imprint color, imprint method, and/or notice of not wanting to accept the company's policies, terms and conditions. The order acknowledgment will be a binding working agreement between the customer and the company. Work will then begin on the customer's behalf by the company.

i. Reasonable Notice for a Standard Production Order: Customer's must note any above objection(s) to the company with in 12 hours of the order acknowledgment being sent.
ii. Reasonable Notice for a Rush Production Order: Customer's must note any above objection(s) to the company with in 1 hour of the order acknowledgment being sent.

D. The company's order minimum is $125. That any order under that amount is subject to a under minimum charge, that will bring the before freight total to the order minimum, at the sole discretion of the company.

II. Production Time
A. Standard Production Time runs approximately 6 to 14 business days depending on the item. Production time does not start until after receipt of order and the customer has returned confirmation approval for all artwork in their order. Per the artwork policies.
B. Rush Production Time runs approximately 1 to 5 business days depending on the item. Production time does not start until after receipt of order and the customer has returned confirmation approval for all artwork in their order. Per the artwork policies.

III. Production
A. Standard Ink Colors available at no charge. PMS Color Matches, add up to $45, see your order acknowledgment for specific charges. Due the variations in inks and materials, we can not guarantee an exact color match.
B. A setup charge may apply and will be published in the customer's order acknowledgment issued by the company.
C. Due to the nature of custom printing we reserve the right to ship up to over or under 7% the amount ordered and bill accordingly. Except poly or paper bags which is over or under 15% and billed accordingly.
D. It is assumed by the company that artwork submitted for printing is being used in full compliance with all applicable laws regarding its usage. The customer agrees to assume any and all liability resulting from claims against the company for service marks, infringements of trademarks, copyrights, patents and personal rights.
E. Product disclaimer due to manufacturing improvements, color die lots, measurement tolerances of up to 1 inch for budget bags and clothing, the company may have slight changes to products shown via on-line, in a quote, or a in hands catalog without notifying the customer. These changes made will not affect the quality of the of product otherwise from above.
F. Union Bug may be available. Ask your customer service representative.
G. Any changes made after the customer has approved an initial imprint proof, cannot by guaranteed by the company. Once your imprint had been approved your order is immediately sent for production. Changes made after the customers imprint approval, such as color, change of imprint or location will be handled the best of the company's ability. However, given the nature of some production facilities and the speed of which the company is expected to produce customer printed product. The customer's change may not catch up with the production order previously approved by the customer in good faith. Therefore, the customer will be responsible for the original printed product should the change not take place, regardless of correspondence with the company attempting to meet the customer's change.
H. Cancellation of a customer's order for whatever the reason, failure to approve virtual or production proofs with or without cause, and/or abandonment of an order in production is all subject to a $100 canceled order charge or 20% of the order acknowledgment amount, whichever is greater. Plus the customer must pay all charges to cover all work in progress up to that point. Including ordered product that has been printed, films, machine setup time, graphic art time, packaging, shipping charges, and restocking fees for product purchased to produce your order. Cancellation can not exceed your order acknowledgment.

IV. Shipping
A. Orders are shipped FOB (Free of Board) from the factory dock. Merchandise becomes the property of the customer, and in the care of a well established contracted freight carriers once goods leave the factory. Shipping, Insurance, and Handling cost is billed and added to the customer's invoice. Orders are normally sent ground transportation, unless otherwise noted on the order acknowledgment. Freight estimates are estimates that may fluctuate 15% +/- depending on surcharges and actual pieces shipped.
B. Orders acknowledgment with in hands dates with be sent the best method including overnight delivery of the company's choice and charged accordingly to meet the in hands date, given all production time terms, like imprint art approved within 24 hours or less, depending on production status of standard or rush has been met.
C. When available customer's can ship items from our dock using their account with a specific carrier. A handling fee of up to $8 per package may apply. Any shipping charges that result from invalid shipping accounts will be subject to immediate billing and collection plus a $35 handling fee.
D. The company is held harmless against any mishandling of freight that has been labeled correctly to arrive on a specific date contracted with the freight carrier (F.O.B). Any claims as a result of a missed in hands must be handled with the freight carrier directly. Targeted Promotions and its carriers also can not be held responsible for international orders held up by government regulatory agencies in charge of goods clearing international borders.
E. Shipping of Chocolates or Candies in the warm weather months will require product be sent in a insulated container with ice pack at an extra charge of up to $15 per container. Standard ground shipping to 1 or 2 day locations will apply but 2 day shipping will be required for all other locations.
F. Shipping of Glass may sometimes require added packaging at up to $8 per container.
G. Direct Import Orders are prices and estimated to destination port only. Off loading, clearing fees, and freight to destination will be charged to customer upon completion.

V. Returns or Damage Claims.
A. Claim for damage must be noted and reported to the carrier at time of delivery.
B. Any imprint complaint must be registered within 7 days of receipt of the customer's ordered product.
C. Any product complaints must be registered within 30 days from shipment.
D. Any return of any blank goods for whatever reason is subject to a 15% restocking fee.
E. Orders may not be returned to the factory or the company without prior authorization. All returns become the sole property of the company to be sold as seconds or promotion. Contact the company for a return authorization number and procedure.

VI. Liability, Rules, and Warranties
A. The company's liability is limited to credit or replacement of any portion of a shipment and shall in no case exceed the amount charged for goods.
B. The customer fully indemnifies the company of all costs and liability from normal product use or misuse, if the customer intends to distribute freely or resell printed products to specific industrial areas and/or the general public.
C. No warranties are expressed or implied by the company concerning the marketability or suitability of its products for any specific use or purpose.
D. This agreement is limited to the specification of this agreement, the customer's written Order Acknowledgment, confirmation emails and a imprint proofs. No verbal communication is binding.
E. All notices and official documents will be in PDF document format and delivered via email only starting on June 08, 2007. Press here for the official Adobe Reader Link for the free software to see PDF documents on your computer terminal. Notices via fax or U.S. Mail will only be made at the specific request of the customer and net accounts.
F. The customer understands that the company is a distributor business with expertise in promotional products and marketing for sale, to prepare your order, prepare your imprint, and process payment. Your order will be completed by a production facility of the company's choice to meet the customers order acknowledgment obligations, and terms stated herein.
G. The relationship between the customer and company shall be governed by the laws of the State of Minnesota as applied to agreements made, entered into, and performed entirely in Minnesota by Minnesota residents, notwithstanding the customer's actual place of residence. All lawsuits arising from or relating to this agreement, other then the purpose of collections of debt owed to the company by the customer, shall be brought in the Federal or State courts located in Minnesota, and the customer hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of the company to exercise or enforce any right or provision of the agreement shall not constitute a waiver of such right or provision. If any provision of this agreement is found by a court of competent jurisdiction to be invalid, the customer nevertheless agrees that the court should endeavor to give effect to the intentions of the company and the customer as reflected in the provision, and that the other provisions of the agreement remains in full force and effect. The customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of products sold by the company under the terms of this agreement must be filed within one (1) year from the date of the invoice in question, after such date all claim or cause of action arose will be forever barred.

VII. Right to Promotion
A. Unless specified in writing on the customer's order acknowledgment; the company reserves the right to use any item we produce for a customer for the company's own display and/or advertising purposes as it sees fit.
B. All comment cards, general correspondence by US Mail, and/or electronic mail by the customer to the company may be used for the company's own display and advertising purposes as it sees fit.

VIII. Payment
A. General payment accepted is by American Express, VISA, Mastercard, and/or Discover charge, credit and debit cards.
B. The above mentioned cards are authorized only at Order Acknowledgment and the customer's card will be collected at time of invoice. In some cases a deposit may be required and notification to the customer will be made at that time. It is disclosed that the company uses the highest security available from our point of sale software vendor and WPA encryption on our wireless network to guard the customer's and company's confidential information. The customer therefore indemnifies the company of all liability should your information be retrieved from our management information system without our knowledge and/or by any means that would be ruled or investigated as a criminal act at a local, state, and/or federal level.
C. With the above mentioned cards the customer agrees that the company may save the card information. It may use that card information for future placed orders, passed due accounts, NSF checks, incurred fees, and tax payments.
D. Business customers with established credit and who choose to use Net 30 day terms. These customers with accounts over 30 days may be charged an interest fee of 1.5% per month on unpaid balances interest paid first.
E. Net 30 days customers wishing to pay balances over 10 days past the invoice date with above mentioned cards may be subject to a handling fee of 3% added to the payment made. The company charges $30 for checks returned none sufficient funds.
F. The company assumes unless it is common knowledge that when a customer is ordering from states other then Minnesota that they are exempt from the company collecting sales tax on that order. The company reserves the right to collect said sales tax if it is shown by audit or other means that the customer does operate in the State of Minnesota and is subject to sales tax collection at anytime after the sale to the statutory maximum. The company also pays California sales tax and is reimbursed on orders that originate in that state and are also produced in that state.

IX. Artwork and Printing Standards:- see www.targetedpromo.com/artpolicy.htm for these agreed to policies.

X. Customer Information: Besides the terms stated above. The company holds in high regard the personal information that is gathered in connection to conducting commerce between the parties. It is not the company's policy to sell or voluntarily release your personal information to sources outside the company.

Last revised: 05/16/2008

 

 

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