STANDARD TERMS & CONDITIONS
Order Acceptance: All orders are subject to acceptance by LUMATIV, Inc. (“LUMATIV”). These terms and conditions supersede any earlier sent or agreed to terms regarding any associated product order. No contrary, additional or different provisions or conditions will be binding on LUMATIV unless expressly accepted by LUMATIV in writing delivered to the Customer for the purpose of such acceptance. Shipment or preparation for shipment by LUAMTIV of any products in response to an order submitted by Customer will not be deemed an acceptance by LUMATIV of any contrary, additional or different provisions or conditions set forth in such order.
Payment Terms: All orders require a 50% down payment of invoice at the submission of the purchase order (P.O). The remaining 50% is due prior to shipment of product. Placement of order and receipt of deposit payment will secure quoted prices.
Prices: The prices stated on the attached quotation are firm for orders received by LUMATIV within 30 days from the date on the quotation. If the quotation is stated as budgetary, pricing may be changed after completion and review of the final product design. All quantities must be ordered in a blanket purchase agreement with scheduled deliveries within 12 months from the date of order to qualify for volume price breaks. If actual orders placed by the customer fall below the quantities required by the price points used, then LUMATIV may back-bill the customer for the appropriate price difference to the total quantities accepted by the customer.
Order Terms and Cancellation: LUMATIV requires 21 days for sampling and 90 days for orders. Customer may cancel its order only upon written notice to LUMATIV, and upon payment of reasonable cancellation charges (approved in amount by LUMATIV), which will take into account expenses incurred and commitments made by LUMATIV in reliance upon such order, and profits foregone by cancellation. Customer is responsible for all material work in process (WIP), and finished goods procured/produced against a customer purchase order. Any canceled order must first satisfy these requirements before cancellation can be accepted.
Inspection: Customer shall inspect the products within a reasonable time after their arrival and shall within 7 days of their arrival give written notice to LUMATIV of any claim that the products do not conform to agreed specifications. In the event no such notice is received, the product will be deemed to conform to the specifications and customer will be bound to accept and pay for the products in accordance with the terms of the contract. Customer expressly waives any rights customer may have to revoke acceptance after such 7 days period.
Product Warranty: All electronic components are covered under a `90 days warranty from the original retail purchase date. LUMATIV does not cover normal *wear and tear, water submission, alternation, **tampering mishandling, neglect, unauthorized repair, loss or theft of your purchase. LUMATIV products are only to be used in the manner, which is instructed with your product by authorized LUMATIV dealer only. The warranty only applies to the original owner and purchaser of this product and is non transferable. If you should experience any trouble with your LUMATIV product outside of these conditions, please contact costumer service to see how we can help you further. Otherwise the retail establishment where the product was originally purchased or dispersed carries out all additional warranties
Operating Conditions: Operating Temperature: between 32º & 95º F | Humidity: 5% to 95% noncondensing | Storing Temperature: between -4º & 113º F | Maximum Altitude: 10.000 FT | The LUMATIV Snapback is NOT waterproof. Use of the product outside of these operating condition will be subject to void product warranty.
Intellectual Property Protection: Customer will indemnify, protect and hold LUMATIV harmless against all suits, and from all damages, claims, demands, costs and expenses, including counsel’s fees, for actual or alleged infringements of any intellectual property rights. This includes, without limitations, claimed patent rights, arising out of manufacture by LUMATIV in accordance with specifications provided by Customer.
Advertising Release: LUMATIV reserves the right to use images of products manufactured through the Custom Headwear Program for marketing and promotional purposes, unless the customer specifically requests for the removal of their product images in writing.
Assignment: No assignment of any rights or delegation of any details of Customer shall be valid or binding upon LUMATIV unless such assignment or delegation shall be in writing and duly approved by LUMATIV by in writing.
Entire Agreement: All prior representations, conversation or preliminary negotiations shall be deemed to be merged into the contract formed by LUMATIV’s acceptance of the Customer’s order and no waiver, alteration or modification of any of the provisions hereof shall be binding unless in writing and approved by LUMATIV in writing.
Delivery Point: All shipments shall be made EXW – LUMATIV Fulfillment Center, (San Diego, CA, 92114). Risk of loss or damage to, or destruction of, the goods after pick up by the carrier shall be with Customer unless expressly provided herein to the contrary.
Delay: Scheduled shipping dates are approximate and are subject to prompt receipt from Customer of all necessary information to manufacture the ordered products and the necessary information needed to enter the purchase order. LUMATIV is entitled to a reasonable period of grace in the event of any shipment delay beyond the scheduled shipping date. LUMATIV shall in no event be liable for any special, indirect or consequential damages arising from any delay in delivery, irrespective of the reason. LUMATIV shall in no event be liable for any damages arising from delay in manufacture, shipment, or delivery of any goods hereunder.
Quantities: The total quantity shipped on any order(s) may be varied by up to 5% over the ordered amount. If customer order quantities are not realized in the agreed-upon time frame, LUMATIV reserves the right to bill the customer at the quoted price for the actual volume shipped.