TERMS & CONDITIONS |
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CANADAORDERING Online: Orders can be placed via the web at www.ashcity.com Get access to our online order management system and enjoy 24/7 access to order product, get real time information on product availability, order confirmations, order tracking and much more. Email: Your purchase orders can be emailed to us at orders@ashcity.com Fax: Faxed orders can be sent to 1-800-567-0534 Phone: Orders can be called into our Customer Service Team at 1-866-ASH CITY (866-274-2489) Monday to Friday from 8:00 AM to 8:00 PM (EST)DECORATION ORDERS SHIPPING • Ash City will make every attempt to accommodate rush orders. PICK-UP ORDERS • Customers may pick up approved Ash City orders Monday-Friday between 8:00am and 6:00pm local time. No appointment required. CUSTOM ORDERS Unique designs, special sizes, custom colours, private labeling and adding pockets are just some of the options available through our domestic and import custom services. THIRD-PARTY SHIPMENTS When orders are drop-shipped to third-parties, it is the responsibility of the invoiced customer and consignee (decorator) to verify the quality and accuracy of the order prior to decorating or altering. SAMPLE ORDERS • Ash City offers a sample program that makes it easy for you to demonstrate the quality of our product. Ash City qualifies a sample as one piece per style, per colour, per size. CLAIMS AND RETURNS If you have an error or discrepancy with an order, please contact our Customer Service Department within 48 hours of receipt of goods, prior to decorating or altering. • All returns require an Ash City return authorization (RA) number and must be obtained within 30 days from receipt of goods. A 15% restocking charge will apply to all returns and refused shipments. • Returned goods must be shipped with all proper documentation and with the RA number clearly marked on the outside of the carton(s), within 30 days of issuance. All returns must be shipped by prepaid ground freight; collect and air shipments will not be accepted. • We are unable to accept the return of goods that have been decorated or altered. It is the customer’s responsibility to inspect all merchandise for correct style, colour and size prior to decorating or altering in any way. • Samples and discontinued items are non-returnable. AUTHORIZED RETURNS ARE TO BE SHIPPED TO: Ash City Worldwide PRICING • In the event of a price discrepancy between the customer’s purchase order and Ash City’s invoiced amount, the pricing in the Ash City Canadian price list will prevail. • Products purchased and shipped to a Canadian address are subject to the Canadian price list. If products are purchased and exported to another country, the purchaser is totally liable for all export fees and shipping delays. TERMS – AT THE DISCRETION OF ASH CITY • PAYMENT TERMS: Payment is due net 30 days from the invoice date. Past due invoices will be assessed a late payment fee of 2% per month (26.8% per annum). We reserve the right to withhold shipments, without notification, on overdue accounts. • CREDIT CARDS: Payment by Visa and Mastercard are accepted prior to shipment, subject to receipt of a signed authorization. PLEASE SEND PAYMENTS TO: Ash City Worldwide CREDIT QUESTIONS? Call us at: 1-800-306-8993 NEW ACCOUNT New customers must provide a copy of the original, signed Retail Sales Tax Purchase Exemption certificates, for applicable provinces, to establish an account with Ash City.
Price list and catalogue are subject to change without notice. Prices effective August 1st, 2011.
USA
ORDERING Online: Orders can be placed via the web at www.ashcity.com Get access to our online order management system and enjoy 24/7 access to order product, get real time information on product availability, order confirmations, order tracking and much more. Email: Your purchase orders can be emailed to us at orders@ashcity.com Fax: Faxed orders can be sent to 1-800-567-0534 Phone: Orders can be called into our Customer Service Team at 1-866-ASH CITY (866-274-2489) Monday to Friday from 8:00 AM to 8:00 PM (EST) CANCELLATIONS: Cancellation of Embroidery Orders require a minimum 30 days notice prior to ship date. SHIPPING • Ash City USA will make every attempt to accommodate rush orders. PICK-UP ORDERS • Customers may pick-up approved Ash City USA orders Monday-Friday between 9:00 am to 5:30 pm central time by appointment only. CUSTOM ORDERS Unique designs, special sizes, custom colors, private labeling and adding pockets are just some of the options available through our domestic and import custom services. THIRD-PARTY SHIPMENTS When orders are drop-shipped to third-parties, it is the responsibility of the invoiced customer and consignee (decorator) to verify the quality and accuracy of the order prior to decorating or altering. SAMPLE ORDERS • Ash City offers a sample program that makes it easy for you to demonstrate the quality of our product. Ash City qualifies a sample as one piece per style, per color, per size CLAIMS and RETURNS If you have an error or discrepancy with an order, please contact our Customer Service Department within 48 hours of receipt of goods, prior to decorating or altering. AUTHORIZED RETURNS ARE TO BE SHIPPED TO: Ash City USA PRICING • In the event of a price discrepancy between the customer’s purchase order and Ash City USA’s invoiced amount, the pricing in the Ash City USA price list will prevail. TERMS – AT THE DISCRETION OF ASH CITY USA • NET TERMS: Payment is due net 30 days from the invoice date. Past due invoices will be assessed a late payment fee of 2% per month (26.8% per annum). We reserve the right to withhold shipments, without notification, on overdue accounts. PLEASE SEND PAYMENTS TO: Ash City USA CREDIT QUESTIONS? Call us at: 1-800-306-8993 NEW ACCOUNT New customers must provide a copy of the original State Sales Tax Exemption form (Re-seller’s Certificate) and FID or SSN to establish an account with Ash City USA. Price list and catalogue are subject to change without notice. Prices effective August 1st, 2011.
WEB SITE
Please read these terms and conditions of use ("terms and conditions of use") of the Ash City web site (the "site") carefully. By using this site you are agreeing to accept the terms and conditions of use. If you do not agree to the terms and conditions of use, do not use this site. You should revisit this page from time to time as your use of the site is subject to the most current version of the terms and conditions of use posted on the site at the time of such use. YOUR RIGHT TO USE THIS SITE Provided that you comply with the Terms and Conditions of Use, you have the right to use this Site to (a) view various materials, including all information, product images and specifications, and other content on the Site (collectively, the "Materials"), and (b) subject to any other requirements that Ash City may specify, access services (“Services”) provided and products (“Products”) offered by Ash City on this Site. Ash City reserves the right to restrict, suspend or terminate your access to all or part of the Site, or to require you to immediately destroy any Materials you have downloaded, printed or otherwise received from or through the Site, at any time for any reason, without prior notice or liability, and at Ash City’s sole discretion. OWNERSHIP OF MATERIALS ON THE SITE The Materials on the Site are owned by Ash City and its suppliers. They are copyrighted and protected by United States, Canadian and international intellectual property laws, treaties and conventions. You may not copy, adapt, modify, display, perform, transmit, frame, distribute, resell, commercially exploit or otherwise use the Materials, except as expressly permitted herein, without the prior written permission of the relevant rights holder(s). You also may not create a hyperlink directly to a page on the Site, other than the default, index or home page found at www.ashcity.com, without the prior written permission of Ash City. The trademarks of Ash City and others used on the Site are the property of Ash City or their respective owners. You may not use any trademark displayed on the Site without the written permission of Ash City or the respective owner. Your use of the Site is conditioned on your abiding by all notices of copyright, trademark and other proprietary rights appearing in the Materials. You are forbidden from removing or altering any such notices in full or in part from Materials that you print or download. COMMUNICATIONS FROM YOU TO THE SITE Except as specified in our Privacy Policy ("Privacy Policy"), all information and other content you send to the Site ("Communications") will be considered non-proprietary and non-confidential. Ash City shall have no obligations of any kind to you respecting your Communications and will be free to use them on an unrestricted basis for any purposes. You are prohibited from sending Ash City or any other user of the Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or any other Communications that would violate any law or the rights of others under applicable law. THIRD PARTIES From time to time this Site may contain references and links to content, products, services or other offerings of third parties ("Third Parties"). Such references and links do not constitute or imply an endorsement or recommendation by Ash City of any such Third Party and in no way should be interpreted as an acceptance of responsibility or liability for Third Parties. APPLICABLE LAWS This Site is operated and controlled by Ash City from its offices and resides on servers located within Ontario, Canada, but can be accessed from jurisdictions whose laws may differ from those of the Province of Ontario. By accessing the Site you agree that the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with the Site. You also agree to submit to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario with respect to such matters. Ash City makes no warranty or representation that any or all Materials and Services provided on the Site, or any other materials or services referenced therein, are lawful in other jurisdictions or available for use in all jurisdictions. Accessing these Materials or Services from territories where they are illegal is prohibited. You agree that if you access the Site from another jurisdiction, you are responsible for compliance with local laws. If any provision of the Terms and Conditions of Use is found to be unlawful, void or unenforceable, then such provision is deemed severable and will not affect the validity or enforceability of any of the remaining provisions. The parties agree that this agreement and all related documents be written in the English language. DISCLAIMER Except as otherwise noted herein, the materials and services provided on this site are provided "as is" by Ash City, without any warranties or representations of any kind, including warranties and conditions of merchantability, fitness for a particular purpose, title or non-infringement of intellectual property. Applicable laws may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. To the extent permissible, any implied warranties or representations are limited to the fullest extent permitted by law. Ash City makes no warranties, representations, or conditions of any kind regarding the sites, services, products, programs or other offerings of Third Parties referenced on or accessible by means of the Site. Ash City also takes no responsibility for viruses that may damage your computer system or data resulting from your access to or use of the Site. Although reasonable efforts are used to ensure that the Site will be current and will contain no errors or inaccuracies, Ash City does not warrant or represent the accuracy and completeness of the Materials on the Site. Ash City may make changes to the Materials on the Site at any time without notice. The Materials on the Site may be out of date, and Ash City makes no commitment to update the Materials. Ash City does not guarantee that all Products referenced on the Site will be available at all times. Products available from Ash City at any given time may not be exactly as shown or described, and Ash City reserves the right to improve or change the design of any Product without assuming any obligation to modify or replace any Product previously manufactured. Ash City reserves the right to limit quantities and to specify a minimum order requirement. LIMITATION OF LIABILITIES In no event will Ash City, or its suppliers, be liable for any damages whatsoever arising out of the use, inability to use, or the results of use of this site, any third party sites, or the materials, services, or products contained or provided through any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not Ash City is advised of the possibility of such damages. If your use of the materials or services on this site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. INDEMNIFICATION You agree to defend, indemnify and hold harmless Ash City and its affiliates, representatives, officers, directors and employees from all liabilities, claims, costs and expenses, including legal fees, that arise out of or in connection with your use of the Site, your viewing or downloading of Materials from the Site, your use of Services or acquisition of Products on the Site, or your Communications to the Site. ADDITIONAL TERMS FOR DISTRIBUTORS-ONLY SITE Additional terms apply to the use of the distributors-only (eShop) portion of the Site (the "Distributors-Only Site"). The Distributors-Only Site is a free online service for authorized Ash City distributors. To access and use the Distributors-Only Site, (i) you must apply to become an authorized distributor (“Authorized Distributor”) by completing the applicable online registration form, (ii) you must accept the Terms and Conditions for Online Ordering (“Terms and Conditions for Online Ordering”), which incorporate these Terms and Conditions of Use and the Privacy Policy, and (iii) your application must be approved by Ash City, which approval may be granted or withheld at Ash City’s sole discretion. In the event of a conflict between these Terms and Conditions of Use and the Terms and Conditions for Online Ordering, the latter shall prevail. |
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