The following terms and conditions (the “Terms and Conditions”) shall constitute the agreement (the “Agreement”) between QuickExhibits.com™ (“QuickExhibits.com™,” “Seller” or us) and purchaser (you or “Purchaser”) with respect to the sale of products by Seller to Purchaser. This Agreement incorporates the product type, quantity and shipment terms set forth in your electronic or written purchase order, when accepted by QuickExhibits.com™. All other terms set forth in the purchase order, including but not limited to, terms related to express or implied warranties, are superseded and replaced by these Terms and Conditions. In the event of any conflict between the terms contained in the purchase order and these Terms and Conditions, these Terms and Conditions shall control.
Orders must be prepaid by Check, Cashier’s Check, or Credit Card (Visa, MasterCard, Discover or American Express cards are accepted). We do not accept COD orders. For your added security, we use 128 bit SSL encrypted payment processing on our website so no clear text copies of your credit card number are transmitted over the internet. Because QuickExhibits.com™ is a Advanced Advertising Graphics, Inc. store, your credit card statement will show the name, Advanced Advertising Graphics. Customers with Credit Terms: For orders over one-thousand U.S. dollars ($1000), we reserve the right to require a deposit of fifty percent (50%) before beginning production. A late charge of one and one-half percent (1.5%) per month, eighteen percent (18%) per year will be applied to account balances not paid in accordance with our terms. Any account balances still owing three (3) months after delivery of goods will be declared delinquent and we reserve the right to take any and all collection steps, as we in our sole discretion deem necessary or appropriate, to collect the delinquent balance, up to and including any and all appropriate legal or equitable action. The cost of such collection efforts, including but not limited to attorneys’ fees, costs and expenses, will be charged to the customers account.
Price and Product Specifications
All Prices are in U.S. Dollars. All prices are F.O.B. QuickExhibits.com™ facilities. Prices, minimums, quantities and specifications are subject to change without notice. Partial orders of products may be shipped from time to time so long as the ordered quantity is shipped by the shipment date. Actual color of the products may vary from those shown, due to limitations of computer transmission and printing process.
We have a minimum order value of Twenty Five dollars ($25.00). Orders under $25.00 will be charged a five dollar ($5.00) small order charge.
We collect sales tax on shipments within the state of Texas. Shipments to locations outside the state of Texas are not subject to sales tax charges. You may be responsible for sales or use tax within your own jurisdiction.
95% of stock item orders ship within 1-2 business days (M-F) of order receipt unless otherwise specified. Orders entered after 12:00pm CST are received the following business day. Custom orders are shipped in 5 to7 working days unless otherwise specified.
We accept purchase orders from prequalified, preapproved and established customers. Placement of an order does not constitute an offer to sell. Each order shall be reviewed on its merits and is subject to acceptance by Seller. We reserve the right to refuse any purchase order for any reason we deem appropriate.
Title and Risk of Loss
Title and risk of loss shall pass to Purchaser at the time of delivery to the carrier for shipment. This provision shall apply even if a price is quoted F.O.B. destination.
Return of Products
Your satisfaction with our products is our goal. To return an item, we must be notified within 2 business days of receipt of product. Returned products must be shipped within 2 business days of authorization. Returns must be in new, unused condition and returned in original box. Returns not received in original box will be subject to a re-packing fee of $25.00. If product received is damaged, no refund will be issued. All shipping charges are non-refundable and a 25% restocking fee applies to all returns. Prior to return, please obtain a return authorization (RA#) by contacting us at 1-800-804-4716, M-F 9:00am - 5:00pm CST.
** Be sure to reference your RA# on the outside of your package **
Custom signs and banners or any other custom designed or fabricated items are not returnable unless it is due to a manufacturing defect as reasonably determined by us.
For stock products, cancellation is accepted only if the order has not left our facilities. If order has been packed and is ready to ship a restocking fee of 25% will apply. Keep in mind some stock products ship the same day the order is received. Custom order cancellation maybe accommodated at our discretion if production has not started but we can not guarantee that we will be able to accommodate custom order cancellation requests. Once a custom order reaches the factory floor, we are unable to issue any refund. Custom orders are ready for production within one business day of your approval.
Please reference our Product Warranty page. click here
STANDARDS and SOURCES OF INFORMATION
Many of the QuickExhibits.com products found on this website have been designed to comply with one or more industry standards. WHEN QuickExhibits.com STATES THAT A PRODUCT COMPLIES WITH A PARTICULAR STANDARD, WE ARE CONVEYING OUR GENERAL INTERPRETATION OF THAT STANDARD RELEVANT TO SIZE OF TEXT, USE OF GRAPHIC, AND THE LOCATION AND SIZE OF MESSAGE PANELS, ETC…… SINCE WE HAVE NO KNOWLEDGE OF YOUR SPECIFIC FACILITY OR HAZARD, IT’S IMPOSSIBLE FOR QuickExhibits.com TO GUARANTEE THAT YOUR USE OF OUR PRODUCTS WILL COMPLY WITH ANY LAW OR STANDARD. THIS SITE IS NOT INTENDED AS A SUBSTITUTE FOR EXPERT ANALISYS OR PROFESSIONAL CONSULTATION. THE INFORMATION IS ACCURATE TO THE BEST OF OUR KNOWLEDGE BASED ON OUR REVIEW OF THE INDUSTRY. QuickExhibits.com MAKES NO GUARANTEE OF INFORMATION ON THIS WEBSITE. EACH CUSTOMER IS RESPONSIBLE TO ENSURE THAT THE USE OF QuickExhibits.com PRODUCTS COMPLY WITH APPLICABLE LAWS AND STANDARDS. QuickExhibits.com ASSUMES NO LIABILITY OF INJURY OR DAMAGE AS A RESULT OF USING OUR PRODUCTS. SEE OUR FULL WARRANTY ABOVE.
Limitation of Liability
Seller’s maximum liability for any breach of this Agreement, or any other claim related to the merchandise, shall be limited to the price of the merchandise or portion thereof sold to Purchaser hereunder. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES FOR LOST PROFITS OR BUSINESS OPPORTUNITIES OR DAMAGE TO REPUTATION.
Entire Agreement / Amendments / Assignment
Any other previous oral or written communications, representations, agreements or understanding between the Seller and Purchaser are no longer of any force and effect; this Agreement supersedes and replaces all prior agreements between Seller and Purchaser, and constitutes the entire agreement and understanding between the parties, concerning the sale and purchase of merchandise. This Agreement shall not be modified or amended orally, or by any course of dealing or trade usage, but only in writing executed by both parties, and shall not be assigned by Purchaser without the express written consent of Seller. The terms and conditions of this Agreement shall be binding upon each parties successors and assigns, as applicable. Seller may, without the consent of Purchaser, assign its rights hereunder, including its rights to collect and receive payment of amounts due hereunder.
If Seller’s ability to deliver merchandise is impaired due to circumstances beyond Seller’s reasonable control, including but not limited to fire, flood, government action, accident, labor disputes or shortage, or inability to obtain from its usual sources raw material, materials (including energy), finished goods, equipment, or transportation, Seller shall be excused without liability from making delivery to the extent of such impairment. If Seller’s ability to deliver a product is reduced due to any such circumstances, Seller may reduce the contract quantity upon written notice to Purchaser, in which case Purchaser’s obligation to purchase merchandise from Seller hereunder shall be reduced and adjusted accordingly.
All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing and shall be deemed to have been properly given or served by (i) depositing in the United States Mail, postpaid and registered or certified return receipt requested, (ii) hand delivery; or (iii) reputable express courier providing written receipt of delivery, and addressed to the addresses of the parties set forth herein or on purchaser’s purchase order. All notices, demands and requests shall be effective upon the date of actual receipt of the notice, demand or request by the addressee thereof. Rejection, or other refusal to accept, or the inability to deliver because of changed address of which no notice was given, shall be deemed to be receipt of the notice, demand or request sent. By giving at least thirty (30) days written notice hereof, both parties shall have the right from time to time and at any time during the term of this Agreement to change their respective addresses.
The failure of either party to insist, in any one instance or more, upon the performance of any of the covenants or conditions of this Agreement, or to exercise any right or privilege herein conferred, shall not be construed as thereafter waiving any such covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect.
SELLER HAS NOT MADE AND DOES NOT MAKE, NOR SHALL SELLER BE DEEMED TO HAVE MADE OR GIVEN, AND HEREBY EXPRESSLY DISCLAIMS, ANY WARRANTY, GUARANTY OR REPRESENTATION, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANDISE DESIGN, VALUE, CONDITION, QUALITY, DURABILITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY, OR EXPRESS OR IMPLIED WARRANTIES AS TO QUALITY OR CORRESPONDENCE WITH PRIOR DESCRIPTION OR SAMPLE. IF MERCHANDISE IS PURCHASED BY WAY OF A PURCHASE ORDER OR SIMILAR DOCUMENT, THAT DOCUMENT IS DEEMED TO INCLUDE THIS DISCLAIMER OF EXPRESS AND IMPLIED WARRANTIES, REGARDLESS OF WHETHER THE PURCHASE ORDER OR DOCUMENT IS SILENT OR CONTRARY TO THIS DISCLAIMER.
PURCHASER SHALL INDEMNIFY, DEFEND AND HOLD SELLER HARMLESS FROM AND AGAINST ALL ACTUAL OR ALLEGED LIABILITY, LOSS, DAMAGE, COST AND EXPENSE, INCLUDING ACTUAL ATTORNEY’S FEES AND COURT COSTS, TO THIRD PARTIES RESULTING FROM PURCHASER’S BREACH OF THIS AGREEMENT, OR FROM THE USE OF MERCHANDISE WHILE SUCH MERCHANDISE IS IN PURCHASER’S, OR PURCHASER’S END-USER’S, POSSESSION OR CONTROL. IN ADDITION, PURCHASER AGREES TO DEFEND, INDEMNIFY AND HOLD SELLER HARMLESS FROM ANY AND ALL LIABILITY, LOSS, DAMAGE, COST AND EXPENSE, INCLUDING ACTUAL ATTORNEY’S FEES AND COURT COSTS, WHICH SELLER MAY SUFFER OR INCUR ARISING FROM PURCHASER’S RESALE OF MERCHANDISE, PURCHASER’S OR END-USER’S LABELS, PACKAGING, SPECIFICATIONS, SALE OR USE OF MERCHANDISE, INCLUDING BUT NOT LIMITED TO, ACTUAL OR ALLEGED PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT.
Compliance with Laws
Seller represents and warrants that products sold to Purchaser pursuant to these Terms and Conditions and Purchaser’s purchase order shall comply with applicable federal and State of Texas laws and rules and regulations. Purchaser represents and warrants its performance hereunder and subsequent actions with respect to the products will comply with all applicable laws.
If for any reason any provision contained in this Agreement is held to be invalid, illegal, unenforceable, or otherwise void by a court of competent jurisdiction, the remaining provisions of this Agreement shall not be affected and shall continue in full force and effect.
Relationship of Parties
Nothing contained herein shall be construed to create an association, joint venture, trust, or partnership, or impose a trust or partnership covenant, obligation, or liability on or with regard to the parties. Each party shall be individually responsible for its own covenants, obligations, and liabilities under this Agreement.
Construction of Agreement
Any ambiguities or uncertainties in the wording of any provision of this Agreement shall not be construed or interpreted for or against any party because that party drafted or caused its legal representative to draft the provision. Unless expressly stated otherwise in this Agreement, words used in the singular include the plural, the plural includes the singular, and the neuter gender includes the masculine and the feminine.
Governing Law / Jurisdiction / Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas without reference to its conflict of laws principles, and shall be deemed entered into at Seller’s place of business. The parties hereto hereby consent to the adjudication of any controversy arising under the contract by the Courts of the State of Texas located in Bexar County, Texas.