This order is not subject to cancellation or reduction and an under run or overrun of not more than 10% is deemed acceptable to be invoiced for.
Quoted prices do not include shipping charges or any applicable taxes. All claims must be made within 10 days after receipt of shipment.
No returns can be made without our permission.
2% penalty per month on overdue accounts. Credit Card only accepted at time of shipping.
Under no circumstances shall MerchGlobal be held liable for any amount exceeding the total invoice amount on any order.
Artwork Used on Order. You acknowledge that either (1) you own all intellectual property rights in the artwork being used on this order or (2) you are otherwise legally entitled to reproduce and distribute the artwork. MerchGlobal disclaims any liability related to the reproduction and distribution of the artwork. You acknowledge and agree that MerchGlobal will have no liability for claims or damages arising directly or indirectly in connection with the artwork. You agree that if there is a dispute between you and any third-party with respect to the artwork, MerchGlobal has no obligation to become involved, and you release MerchGlobal from any claims or damages whatsoever that may arise in connection with such a dispute. You agree to indemnify MerchGlobal from any claims, demands, damages, liabilities, expenses, including reasonable legal fees, arising out of any claim made by any third party in relation to the artwork.
Force Majeure. Except for the obligation to make payments herein, neither party shall be liable for delays in delivery or performance of its obligations, or for failure to deliver or perform its obligations under this Agreement due to a cause or circumstances beyond its reasonable control, including, without limitation, an act of nature, act of civil, government, or military authority, act of terrorism, governmental priority, strike or other labor disturbance, flood, fire, explosion, epidemic, other hostilities, or failure of the Internet (not resulting from the actions or inactions of such party). For clarification purposes, an industry wide inability to obtain a Third Party Component is a force majeure event; however, all other material shortages shall not be considered force majeure events. The party claiming excuse because of force majeure shall use its commercially reasonable efforts to promptly correct such failure or delay in performance and shall promptly notify the other party to this Agreement of any delay or failure to perform which may be excused by this provision, which notification will also specify the expected date of resumption of performance. In the event of any such delay, the date of performance shall be extended for a period equal to the time lost by reason of the delay. If, however, either party is unable to perform its obligations under this Agreement for reasons excused by this provision for a period in excess of ninety (90) consecutive days, the other party may terminate this Agreement without penalty upon written notice to the other Party.