Updated April 30, 2015
This document supersedes all previous statements of EXPRESS Terms and Conditions.
The order confirmation represents more than just a reiteration of your purchase order. In preparing the Confirmation, Express completes all necessary pre-production work, including creating graphics files, production planning, preliminary scheduling, materials resource planning, credit review, preparation of tooling work orders, etc. This is a detailed and involved process. By completing all pre-production work at this time, EXPRESS is able to begin producing your order immediately upon receipt of the signed Confirmation. In this way, we are able to provide the best possible order turnaround.
Unless otherwise indicated on a specific Quotation, Price Quotations are valid for 30 days from the date of issue.
Quantities and Alterations
Prices quoted are for quantities indicated only. Any reduction of quantity may require re-quotation. Any variation of order specifications may require re-quotation. Seller reserves the right to modify quotations if any specifications or other material details of item or order are miscommunicated to Seller or omitted from the request for pricing upon which this quotation is based.
When we receive your Purchase Order, we will begin preparing a Confirmation. The Confirmation restates the details of your order, such as label size, gauge and numbering, and includes artwork to show you what the product will look like. We cannot complete and send you the Confirmation until we receive all necessary information, including pertinent specifications (such as drawings, art, and numbering if necessary), and a Credit Application (when applicable). If Open Account billing is desired, credit must be established prior to Confirmation of Order.
The Confirmation is normally sent to you two or three working days after we receive all the necessary information. Please review it carefully, then sign and return it; faxing the confirmation is acceptable. We cannot begin producing the order until the Confirmation and artwork have been authorized and returned. Both the Confirmation and artwork must be signed and returned.
Shipment times are measured in working days from the confirmation of the order, not from the date the purchase order was issued. Shipment times marked upon Quotation with an asterisk (*) are for the first shipment; EXPRESS will arrange a shipping schedule with you for the remaining parts upon receipt of order. Quoted shipment times are subject to revision depending upon production workload at the time of receipt of order. The Confirmation will state the target shipment date for each order, assuming
that the confirmation is approved and returned within one business day.
Changes to an order may incur added expense, whether or not an order has been confirmed. Order change charges are based on the nature and extent of the changes, and the cost of implementing them.
You may request shipment sooner than we have quoted. Depending on the nature of the requirement, the configuration of the order, and the current production workload, we will offer you one or more shipment options. Charges are based on many factors, including overtime labor rates and the amount of workflow disruption.
Cancellation of Orders
When a buyer cancels an order, Express will be compensated for expenses incurred in preparing the order, whether or not the order has been confirmed. Charges are based on the cost of materials and labor that have been used to prepare the order.
Camera Ready Art is defined as art, whether physical or digital, which requires no modification. Usually some degree of modification and enhancement is desirable and is applied to the art we receive. There is no charge for this routine enhancement. However, when such modifications require a significant effort, art preparation charges will be billed at the rate of $60.00 per hour.
Data Entry Charges
Unless specifically stated on the Quotation, prices do not include charges for manually entering data. Whenever possible, buyers should provide the data in an electronic file on disk or by email transmission. If you require EXPRESS to manually enter data, you will be charged $45.00 per hour. We will send you a copy of the data we entered along with the Confirmation so you can proofread it.
Customer may be charged for any tooling required to produce an order. This charge will appear on the Price Quotation. Tooling charges are non-recurring, and
are only required if we do not already have appropriate tooling.
Ownership of Tooling
Tools purchased for manufacture of Customer’s products shall remain the property of Customer. Tools will be stored and maintained by Express Inc. or will be delivered to Customer upon request.
Buyers who purchase for resale will be provided (at no additional charge) one or more extra samples of orders when layout and production methods allow this without additional cost. If extra samples are required they must be requested with order and there may be a small charge for these if additional production expense is necessary to provide the necessary samples.
When Production Samples are required extra charges may apply. Please contact EXPRESS for the exact charges.
We will ship your order using our choice of carrier, unless you specify otherwise. For resellers, we can drop-ship packages for no additional fee. Unless otherwise stated on the Quotation, shipment terms are F.O.B. factory (San Diego, California, U.S.A.)
Terms of Payment
Express provides Open Account, Net 30 terms for approved domestic customers. Past due balances will be charged a service charge of 1½% per month (18% annual rate) on past due balances. Other acceptable forms of payment are prepayment, C.O.D., wire transfer, VISA or MasterCard.
C.O.D Payments may incur an additional charge.
Owernship of Art and Film
Art produced by Express shall be the property of Customer. Prior to use by Express, film shall become property of Customer. Undelivered film will be stored by Express for future reuse by customer as needed. Express will store art and film for a period of 7 (seven) years whereupon the film will be destroyed. Customer may request delivery of art or film if desired.
Sales, property, or other taxes are not included in prices quoted. Buyer agrees to pay all taxes imposed, unless proof of exemption is provided to seller with order.
Express reserves the right to refuse to produce materials that it believes to be in violation of copyright or other rights or is unlawful in any way. Notwithstanding Express’ failure to exercise such a right, buyer shall indemnify and hold EXPRESS harmless from any loss, damages or expenses (including attorney’s fees) arising out of any claim that any work violates any common law or statutory copyright or otherwise violates the rights of any person or entity.
IMPORTANT NOTICE TO PURCHASER: All statements, technical information and recommendations provided by seller and manufacturer are based on information seller and manufacturer believe to be reliable, but the accuracy or completeness thereof is not guaranteed, and THE FOLLOWING IS MADE IN LIEU OF ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE:
Seller’s and manufacturer’s only obligation shall be to replace such quantity of the product proved to be defective.
Before using, user shall determine the suitability of the product for its intended use, and user assumes all risk and liability whatsoever in connection therewith.
NEITHER SELLER NOR MANUFACTURER SHALL BE LIABLE IN TORT OR IN CONTRACT FOR ANY LOSS OR DAMAGE, DIRECT, INCIDENTAL, OR CONSEQUENTIAL (INCLUDING LOSS OF PROFITS OR REVENUE), ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE PRODUCT.
No statement or recommendation not contained herein shall have any force or effect unless an agreement has been signed by officers of seller and manufacturer.
All contracts of sale are governed and construed in all respects by the applicable provisions of the Uniform Commercial Code of the State of California. If Express engages an attorney to enforce its rights under these contracts, it shall be entitled to reimbursement of attorney fees and costs incurred in connection therewith.