Array
(
[0] => 13
[ID] => 13
[1] => 1
[TYPEID] => 1
[2] => 3
[SECTIONID] => 3
[3] => terms-of-use
[MOD_NAME] => terms-of-use
[4] => Terms of Use
[TITLE] => Terms of Use
[5] => Terms of Use
[META_TITLE] => Terms of Use
[6] => Details on our Terms of Use including shipping, payment, wholesale and consumer sales terms
[META_DESCRIPTION] => Details on our Terms of Use including shipping, payment, wholesale and consumer sales terms
[7] => terms, conditions, FAQ, shipping, retruns, wholesale, freight, claims, fees, minimum order
[META_KEYWORDS] => terms, conditions, FAQ, shipping, retruns, wholesale, freight, claims, fees, minimum order
[8] =>
[BUTTON_TITLE] =>
[9] =>
Imagine Crafts LLC and Tsukineko LLC ("Imagine") website features and use are subject to the following conditions. If you visit or shop at imaginecrafts.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future Imagine service or business you also will be subject to the guidelines, terms and agreements ("Terms") applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.
ELECTRONIC COMMUNICATIONS
When you visit imaginecrafts.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
TRADEMARKS
In addition, Imagine and/or Tsukineko graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress of Imagine and/or Tsukineko in the U.S. and/or other countries. Imagine and/or Tsukineko's trademarks and trade dress may not be used in connection with any product or service that is not Imagine and/or Tsukineko's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits either of these companies. All other trademarks not owned by Imagine that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Imagine.
PRODUCT DESCRIPTIONS
Imagine attempts to be as accurate as possible. However, Imagine does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Imagine itself is not as described, your sole remedy is to return it in unopened and unused condition.
PRICES
Prices are subject to change without notice. Final prices will only be as set forth in any sales order made by, or purchase order accepted by, TI Acquisition Co., LLC (dba Imagine Crafts LLC and Tsukineko, LLC) (“Imagine”) (the “Agreed Order”). Empty display rack prices are NET prices - no discounts apply.
ITEMS, QUANTITY, SHIPMENT, AND OTHER SPECIFIC TERMS
The specific product(s), quantity, delivery method, shipment location and other product specific terms shall only be set forth in an Agreed Order. Purchase orders from Customer, or counteroffers to sales orders of Imagine, will be deemed accepted by Imagine only when executed in writing by an authorized officer of Imagine. Any terms and conditions set forth in any purchase order by a Customer, or any confirmation of a sales order by Customer, or in any other document or agreement presented by Customer which are in addition to or different from these terms and conditions shall not be part of any agreement between Imagine and Customer except only for the product description, prices, quantity, delivery method, shipment location and other product specific terms specified in any Agreed Order.
PAYMENT TERMS Orders without established credit approval must be, at Imagine’s option, prepaid by Cash, MasterCard, Visa, or Check. Customers with established credit approval must pay the invoice amount in full on or before the indicated invoice due date by check or cash. Customers with established credit approval who wish to pay by credit card must submit such payment on invoice date or will be charged a 3.5% convenience fee. Customer must submit a $500 minimum order with credit application. For all past due accounts, Customer agrees to pay a finance charge of 1.5% per month, or the maximum rate which is allowed by law if less, commencing 5 days after the payment due date. All products to be ordered by Customer will be exclusively for a business purpose, and not for Customer’s personal, family or household purpose. Customer will pay $35 for each returned check. Imagine reserves the right, upon notice to Customer, to modify customer terms. (Such as credit limit, discounts, pricing, and payment terms). Imagine’s stated terms and conditions of sale supersede all terms and conditions that may appear on a Customer’s purchase order and all other Customer documentation related to its purchases from Imagine. Any Customer payment terms and conditions inconsistent with, or in addition to, Imagine’s terms and conditions will not be honored by, or binding upon, Imagine.
MINIMUM ORDER FOR CONSUMERS All retail orders have no set dollar amount per order, with the minimum quantity being 1 of each item.
MINIMUM ORDER FOR RETAILERS Opening order is a minimum of $75.00. All re-orders are subject to a minimum of $75.00. Minimum quantities for all orders are 2 pieces per item, except for display sets (24 pc and greater), racks and bulk items.
MINIMUM ORDER FOR DISTRIBUTORS Customers who are distributors for Imagine are required to maintain the minimum order quantity and minimum dollar amount agreed upon from time to time with Imagine. Minimums must be observed to maintain distributor status.
FREIGHT
Unless otherwise stated, products sold will be shipped freight collect from Imagine’s distribution warehouse. Goods lost or damaged after Imagine delivers them to the shipper are the responsibility of, and at the sole cost and risk of, Customer. Unless otherwise agreed by Imagine in writing, all orders will be shipped at Customer’s expense via UPS Ground, or similar delivery method at Customer’s request.
Imagine Crafts LLC/Tsukineko, LLC cannot be held responsible for incorrect addresses used when placing your order. Our system automatically sends to the address which is confirmed during checkout. We are happy to reship the order if the order is returned to us; additional shipping charges that are required as a result of an incorrect address will be billed as a separate transaction.
SHIPPING AND HANDLING FEES: There are shipping and handling fees for all customers who ship via UPS or similar and who do not ship using a UPS (or similar) collect account number. Imagine charges 0.7% of the shipment product total cost for insurance on all purchase orders shipping via UPS along with a handling fee that is determined on the product total cost. Handling fees are as follows:
$0 – $500 = $4.20
$501 – $1,250 = $7.20
$1251 – above = $12.50
LTL FREIGHT: Imagine requires that all LTL truck drivers count the number of master cartons and sign for that number of cartons at the Imagine warehouse. Imagine also provides on the freight Bill of Lading specific instructions to our customers for receiving shipments from Imagine. Those specific instructions are, “Receiver must verify carton count (not pallet count). Any shortage must be noted on delivery slip.” Those instructions are to be copied by the freight carrier from the Bill of Lading document to the delivery receipt documents. Below is an outline of the process Imagine request that you follow in receiving shipments from Imagine.
-
Please count all boxes before the LTL truck driver leaves your facility
-
Please note on the LTL’s trucker’s delivery receipt the number of boxes you counted
-
Please note on the delivery receipt any discrepancy between the number of boxes you counted and the number indicated on the delivery receipt
-
Please note on the delivery receipt any indications of damage
WARRANTY AND DISCLAIMER
Imagine warrants only that the products are, at the time of delivery by Imagine to the carrier, manufactured in accordance with any product specifications provided by Imagine to Customer from time to time, and that such products will be delivered to Customer free of all liens. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NO OTHER WARRANTY IS EXPRESSED OR IMPLIED, AND IMAGINE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE CUSTOMER SHALL DETERMINE THE SUITABILITY OF THE PRODUCT FOR THEIR INTENDED USE AND THE CUSTOMER SHALL ASSUME ALL RISK AND LIABILTY IN CONNECTION WITH THE USE OR PERFORMANCE OF PRODUCTS. DAMAGES AND WAIVERS OF CLAIMS: IMAGINE SHALL NOT BE LIABLE FOR, AND CUSTOMER HEREBY WAIVES ALL CLAIMS FOR, INJURIES TO PERSONS OR PROPERTY, AND IN NO EVENT SHALL BE LIABLE FOR SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONTINGENT, CONSEQUENTIAL OR COMMERCIAL DAMAGES, LOSS OF INCOME OR PROFIT, OR ANY OTHER DAMAGES. IMAGINE’S LIABILITY SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE PRODUCT SOLD, WHATEVER LIABILITY RESULTS FROM BREACH OF WARRANTY, CONTRACT, TORT OR ANY OTHER CAUSE WHATEVER. CUSTOMER WAIVES ALL CLAIMS AGAINST IMAGINE FOR NEGLIGENCE RELATING TO THE MANUFACTURE, SALE, DELIVERY, OR USE OF ANY PRODUCT PURCHASED BY CUSTOMER.
CLAIMS
The Customer must make any claim for shortages, damages, or defects not caused by the shipper, to Imagine in writing within fifteen (15) calendar days after receipt of shipment. For transportation-related damages or loss, Customer must report the same at once to the carrier. Imagine shall have a reasonable time, but in no event less than twenty (20) days from the date of notice of shortage, damage, or defect if Imagine is liable to cure. All due dates are determined by the date Imagine sent the invoice or received notice. No claim or action may be brought against Imagine relating to any order for sale of any products more than one year after the date the order is made or accepted by Imagine.
RETURNS
No returns will be accepted at any location except at Imagine’s main distribution center without obtaining prior written authorization by Imagine. All returns will be at the expense of the customer, unless incorrect items were sent. All returns must be accompanied by an Imagine pre-authorized credit/return authorization number. All claims and returns must be made within 20 days of receipt by Customer of the products. No credit will be given for any product that has been altered, damaged or used. All merchandise authorized for return must be shipped prepaid and is subject to a 25% handling and restocking charge.
LEGAL FEES In the event either party employs an attorney to prosecute or defend any claims or cause of action arising out of or relating to this Agreement or an Agreed Order, the prevailing party therein shall have the right to recover, and the losing party shall pay, all reasonable attorney’s fees and costs therein incurred.
CUMULATIVE REMEDIES
All of Imagine’s rights here under are separate and cumulative, and no one of them, whether or not exercised, shall be deemed to be an exclusion of any of the other rights and shall limit or prejudice any other legal or equitable right that Imagine may have.
WAIVER
No waiver by either party of any default shall be deemed a waiver of any subsequent default.
CHOICE OF LAW, JURISDICTION, AND VENUE
This Agreement and any Agreed Order shall be governed by and construed in accordance with the laws of the State of Washington, excluding the conflict of laws provisions. Customer irrevocably submits to the exclusive jurisdiction of the state and federal courts located in King County, Washington, in any proceeding relating to this Agreement or any Agreed Order.
NOTICES
All notices and other communications given pursuant to any Agreed Order shall be in writing and shall be deemed to have been given if delivered personally, sent by facsimile (with confirmation), or delivered by a commercial service (with confirmation) to the parties to the addresses or facsimile numbers set forth in the Agreed Order, or at such other addresses or facsimile number as a party may designate by like notice to the other. Any notice or other communication shall be deemed to be given (a) on the date of personal delivery, or (b) on the date of confirmed delivery by facsimile or commercial delivery service.
[BODY] =>
Imagine Crafts LLC and Tsukineko LLC ("Imagine") website features and use are subject to the following conditions. If you visit or shop at imaginecrafts.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future Imagine service or business you also will be subject to the guidelines, terms and agreements ("Terms") applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.
ELECTRONIC COMMUNICATIONS
When you visit imaginecrafts.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
TRADEMARKS
In addition, Imagine and/or Tsukineko graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress of Imagine and/or Tsukineko in the U.S. and/or other countries. Imagine and/or Tsukineko's trademarks and trade dress may not be used in connection with any product or service that is not Imagine and/or Tsukineko's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits either of these companies. All other trademarks not owned by Imagine that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Imagine.
PRODUCT DESCRIPTIONS
Imagine attempts to be as accurate as possible. However, Imagine does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Imagine itself is not as described, your sole remedy is to return it in unopened and unused condition.
PRICES
Prices are subject to change without notice. Final prices will only be as set forth in any sales order made by, or purchase order accepted by, TI Acquisition Co., LLC (dba Imagine Crafts LLC and Tsukineko, LLC) (“Imagine”) (the “Agreed Order”). Empty display rack prices are NET prices - no discounts apply.
ITEMS, QUANTITY, SHIPMENT, AND OTHER SPECIFIC TERMS
The specific product(s), quantity, delivery method, shipment location and other product specific terms shall only be set forth in an Agreed Order. Purchase orders from Customer, or counteroffers to sales orders of Imagine, will be deemed accepted by Imagine only when executed in writing by an authorized officer of Imagine. Any terms and conditions set forth in any purchase order by a Customer, or any confirmation of a sales order by Customer, or in any other document or agreement presented by Customer which are in addition to or different from these terms and conditions shall not be part of any agreement between Imagine and Customer except only for the product description, prices, quantity, delivery method, shipment location and other product specific terms specified in any Agreed Order.
PAYMENT TERMS Orders without established credit approval must be, at Imagine’s option, prepaid by Cash, MasterCard, Visa, or Check. Customers with established credit approval must pay the invoice amount in full on or before the indicated invoice due date by check or cash. Customers with established credit approval who wish to pay by credit card must submit such payment on invoice date or will be charged a 3.5% convenience fee. Customer must submit a $500 minimum order with credit application. For all past due accounts, Customer agrees to pay a finance charge of 1.5% per month, or the maximum rate which is allowed by law if less, commencing 5 days after the payment due date. All products to be ordered by Customer will be exclusively for a business purpose, and not for Customer’s personal, family or household purpose. Customer will pay $35 for each returned check. Imagine reserves the right, upon notice to Customer, to modify customer terms. (Such as credit limit, discounts, pricing, and payment terms). Imagine’s stated terms and conditions of sale supersede all terms and conditions that may appear on a Customer’s purchase order and all other Customer documentation related to its purchases from Imagine. Any Customer payment terms and conditions inconsistent with, or in addition to, Imagine’s terms and conditions will not be honored by, or binding upon, Imagine.
MINIMUM ORDER FOR CONSUMERS All retail orders have no set dollar amount per order, with the minimum quantity being 1 of each item.
MINIMUM ORDER FOR RETAILERS Opening order is a minimum of $75.00. All re-orders are subject to a minimum of $75.00. Minimum quantities for all orders are 2 pieces per item, except for display sets (24 pc and greater), racks and bulk items.
MINIMUM ORDER FOR DISTRIBUTORS Customers who are distributors for Imagine are required to maintain the minimum order quantity and minimum dollar amount agreed upon from time to time with Imagine. Minimums must be observed to maintain distributor status.
FREIGHT
Unless otherwise stated, products sold will be shipped freight collect from Imagine’s distribution warehouse. Goods lost or damaged after Imagine delivers them to the shipper are the responsibility of, and at the sole cost and risk of, Customer. Unless otherwise agreed by Imagine in writing, all orders will be shipped at Customer’s expense via UPS Ground, or similar delivery method at Customer’s request.
Imagine Crafts LLC/Tsukineko, LLC cannot be held responsible for incorrect addresses used when placing your order. Our system automatically sends to the address which is confirmed during checkout. We are happy to reship the order if the order is returned to us; additional shipping charges that are required as a result of an incorrect address will be billed as a separate transaction.
SHIPPING AND HANDLING FEES: There are shipping and handling fees for all customers who ship via UPS or similar and who do not ship using a UPS (or similar) collect account number. Imagine charges 0.7% of the shipment product total cost for insurance on all purchase orders shipping via UPS along with a handling fee that is determined on the product total cost. Handling fees are as follows:
$0 – $500 = $4.20
$501 – $1,250 = $7.20
$1251 – above = $12.50
LTL FREIGHT: Imagine requires that all LTL truck drivers count the number of master cartons and sign for that number of cartons at the Imagine warehouse. Imagine also provides on the freight Bill of Lading specific instructions to our customers for receiving shipments from Imagine. Those specific instructions are, “Receiver must verify carton count (not pallet count). Any shortage must be noted on delivery slip.” Those instructions are to be copied by the freight carrier from the Bill of Lading document to the delivery receipt documents. Below is an outline of the process Imagine request that you follow in receiving shipments from Imagine.
-
Please count all boxes before the LTL truck driver leaves your facility
-
Please note on the LTL’s trucker’s delivery receipt the number of boxes you counted
-
Please note on the delivery receipt any discrepancy between the number of boxes you counted and the number indicated on the delivery receipt
-
Please note on the delivery receipt any indications of damage
WARRANTY AND DISCLAIMER
Imagine warrants only that the products are, at the time of delivery by Imagine to the carrier, manufactured in accordance with any product specifications provided by Imagine to Customer from time to time, and that such products will be delivered to Customer free of all liens. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NO OTHER WARRANTY IS EXPRESSED OR IMPLIED, AND IMAGINE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE CUSTOMER SHALL DETERMINE THE SUITABILITY OF THE PRODUCT FOR THEIR INTENDED USE AND THE CUSTOMER SHALL ASSUME ALL RISK AND LIABILTY IN CONNECTION WITH THE USE OR PERFORMANCE OF PRODUCTS. DAMAGES AND WAIVERS OF CLAIMS: IMAGINE SHALL NOT BE LIABLE FOR, AND CUSTOMER HEREBY WAIVES ALL CLAIMS FOR, INJURIES TO PERSONS OR PROPERTY, AND IN NO EVENT SHALL BE LIABLE FOR SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONTINGENT, CONSEQUENTIAL OR COMMERCIAL DAMAGES, LOSS OF INCOME OR PROFIT, OR ANY OTHER DAMAGES. IMAGINE’S LIABILITY SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE PRODUCT SOLD, WHATEVER LIABILITY RESULTS FROM BREACH OF WARRANTY, CONTRACT, TORT OR ANY OTHER CAUSE WHATEVER. CUSTOMER WAIVES ALL CLAIMS AGAINST IMAGINE FOR NEGLIGENCE RELATING TO THE MANUFACTURE, SALE, DELIVERY, OR USE OF ANY PRODUCT PURCHASED BY CUSTOMER.
CLAIMS
The Customer must make any claim for shortages, damages, or defects not caused by the shipper, to Imagine in writing within fifteen (15) calendar days after receipt of shipment. For transportation-related damages or loss, Customer must report the same at once to the carrier. Imagine shall have a reasonable time, but in no event less than twenty (20) days from the date of notice of shortage, damage, or defect if Imagine is liable to cure. All due dates are determined by the date Imagine sent the invoice or received notice. No claim or action may be brought against Imagine relating to any order for sale of any products more than one year after the date the order is made or accepted by Imagine.
RETURNS
No returns will be accepted at any location except at Imagine’s main distribution center without obtaining prior written authorization by Imagine. All returns will be at the expense of the customer, unless incorrect items were sent. All returns must be accompanied by an Imagine pre-authorized credit/return authorization number. All claims and returns must be made within 20 days of receipt by Customer of the products. No credit will be given for any product that has been altered, damaged or used. All merchandise authorized for return must be shipped prepaid and is subject to a 25% handling and restocking charge.
LEGAL FEES In the event either party employs an attorney to prosecute or defend any claims or cause of action arising out of or relating to this Agreement or an Agreed Order, the prevailing party therein shall have the right to recover, and the losing party shall pay, all reasonable attorney’s fees and costs therein incurred.
CUMULATIVE REMEDIES
All of Imagine’s rights here under are separate and cumulative, and no one of them, whether or not exercised, shall be deemed to be an exclusion of any of the other rights and shall limit or prejudice any other legal or equitable right that Imagine may have.
WAIVER
No waiver by either party of any default shall be deemed a waiver of any subsequent default.
CHOICE OF LAW, JURISDICTION, AND VENUE
This Agreement and any Agreed Order shall be governed by and construed in accordance with the laws of the State of Washington, excluding the conflict of laws provisions. Customer irrevocably submits to the exclusive jurisdiction of the state and federal courts located in King County, Washington, in any proceeding relating to this Agreement or any Agreed Order.
NOTICES
All notices and other communications given pursuant to any Agreed Order shall be in writing and shall be deemed to have been given if delivered personally, sent by facsimile (with confirmation), or delivered by a commercial service (with confirmation) to the parties to the addresses or facsimile numbers set forth in the Agreed Order, or at such other addresses or facsimile number as a party may designate by like notice to the other. Any notice or other communication shall be deemed to be given (a) on the date of personal delivery, or (b) on the date of confirmed delivery by facsimile or commercial delivery service.
[10] =>
[BODY_SIDE] =>
[11] =>
[MODULE_PROCESSING] =>
[12] =>
[MODULE_META] =>
[13] =>
[MODULE_HEAD] =>
[14] =>
[MODULE_BODY] =>
[15] =>
[MODULE_SIDE] =>
[16] => 0
[TOP_ORDER] => 0
[17] => 1
[HITS_UNIQUE] => 1
[18] => 1
[HITS_REPEAT] => 1
[19] => 0
[ROBOT_HITS] => 0
[20] => 2012-03-05 23:35:46
[LASTVIEWED] => 2012-03-05 23:35:46
[21] => 0000-00-00 00:00:00
[ROBOT_LASTVIEWED] => 0000-00-00 00:00:00
[22] => 0.20
[PRIORITY] => 0.20
[23] => 1
[SITEMAP] => 1
[24] => 1
[ACTIVE] => 1
[25] => 1
[DISPLAY_TITLE] => 1
[26] => 0
[SSL_MODE] => 0
[27] => 1
[EDITABLE] => 1
[28] => 0
[DELETABLE] => 0
[29] => 2017-10-31 09:06:28
[LASTUPDATED] => 2017-10-31 09:06:28
[30] => 2011-11-03 00:00:00
[CREATED] => 2011-11-03 00:00:00
)
Terms of Use
Imagine Crafts LLC and Tsukineko LLC ("Imagine") website features and use are subject to the following conditions. If you visit or shop at imaginecrafts.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future Imagine service or business you also will be subject to the guidelines, terms and agreements ("Terms") applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.
ELECTRONIC COMMUNICATIONS
When you visit imaginecrafts.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
TRADEMARKS
In addition, Imagine and/or Tsukineko graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress of Imagine and/or Tsukineko in the U.S. and/or other countries. Imagine and/or Tsukineko's trademarks and trade dress may not be used in connection with any product or service that is not Imagine and/or Tsukineko's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits either of these companies. All other trademarks not owned by Imagine that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Imagine.
PRODUCT DESCRIPTIONS
Imagine attempts to be as accurate as possible. However, Imagine does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Imagine itself is not as described, your sole remedy is to return it in unopened and unused condition.
PRICES
Prices are subject to change without notice. Final prices will only be as set forth in any sales order made by, or purchase order accepted by, TI Acquisition Co., LLC (dba Imagine Crafts LLC and Tsukineko, LLC) (“Imagine”) (the “Agreed Order”). Empty display rack prices are NET prices - no discounts apply.
ITEMS, QUANTITY, SHIPMENT, AND OTHER SPECIFIC TERMS
The specific product(s), quantity, delivery method, shipment location and other product specific terms shall only be set forth in an Agreed Order. Purchase orders from Customer, or counteroffers to sales orders of Imagine, will be deemed accepted by Imagine only when executed in writing by an authorized officer of Imagine. Any terms and conditions set forth in any purchase order by a Customer, or any confirmation of a sales order by Customer, or in any other document or agreement presented by Customer which are in addition to or different from these terms and conditions shall not be part of any agreement between Imagine and Customer except only for the product description, prices, quantity, delivery method, shipment location and other product specific terms specified in any Agreed Order.
PAYMENT TERMS Orders without established credit approval must be, at Imagine’s option, prepaid by Cash, MasterCard, Visa, or Check. Customers with established credit approval must pay the invoice amount in full on or before the indicated invoice due date by check or cash. Customers with established credit approval who wish to pay by credit card must submit such payment on invoice date or will be charged a 3.5% convenience fee. Customer must submit a $500 minimum order with credit application. For all past due accounts, Customer agrees to pay a finance charge of 1.5% per month, or the maximum rate which is allowed by law if less, commencing 5 days after the payment due date. All products to be ordered by Customer will be exclusively for a business purpose, and not for Customer’s personal, family or household purpose. Customer will pay $35 for each returned check. Imagine reserves the right, upon notice to Customer, to modify customer terms. (Such as credit limit, discounts, pricing, and payment terms). Imagine’s stated terms and conditions of sale supersede all terms and conditions that may appear on a Customer’s purchase order and all other Customer documentation related to its purchases from Imagine. Any Customer payment terms and conditions inconsistent with, or in addition to, Imagine’s terms and conditions will not be honored by, or binding upon, Imagine.
MINIMUM ORDER FOR CONSUMERS All retail orders have no set dollar amount per order, with the minimum quantity being 1 of each item.
MINIMUM ORDER FOR RETAILERS Opening order is a minimum of $75.00. All re-orders are subject to a minimum of $75.00. Minimum quantities for all orders are 2 pieces per item, except for display sets (24 pc and greater), racks and bulk items.
MINIMUM ORDER FOR DISTRIBUTORS Customers who are distributors for Imagine are required to maintain the minimum order quantity and minimum dollar amount agreed upon from time to time with Imagine. Minimums must be observed to maintain distributor status.
FREIGHT
Unless otherwise stated, products sold will be shipped freight collect from Imagine’s distribution warehouse. Goods lost or damaged after Imagine delivers them to the shipper are the responsibility of, and at the sole cost and risk of, Customer. Unless otherwise agreed by Imagine in writing, all orders will be shipped at Customer’s expense via UPS Ground, or similar delivery method at Customer’s request.
Imagine Crafts LLC/Tsukineko, LLC cannot be held responsible for incorrect addresses used when placing your order. Our system automatically sends to the address which is confirmed during checkout. We are happy to reship the order if the order is returned to us; additional shipping charges that are required as a result of an incorrect address will be billed as a separate transaction.
SHIPPING AND HANDLING FEES: There are shipping and handling fees for all customers who ship via UPS or similar and who do not ship using a UPS (or similar) collect account number. Imagine charges 0.7% of the shipment product total cost for insurance on all purchase orders shipping via UPS along with a handling fee that is determined on the product total cost. Handling fees are as follows:
$0 – $500 = $4.20
$501 – $1,250 = $7.20
$1251 – above = $12.50
LTL FREIGHT: Imagine requires that all LTL truck drivers count the number of master cartons and sign for that number of cartons at the Imagine warehouse. Imagine also provides on the freight Bill of Lading specific instructions to our customers for receiving shipments from Imagine. Those specific instructions are, “Receiver must verify carton count (not pallet count). Any shortage must be noted on delivery slip.” Those instructions are to be copied by the freight carrier from the Bill of Lading document to the delivery receipt documents. Below is an outline of the process Imagine request that you follow in receiving shipments from Imagine.
-
Please count all boxes before the LTL truck driver leaves your facility
-
Please note on the LTL’s trucker’s delivery receipt the number of boxes you counted
-
Please note on the delivery receipt any discrepancy between the number of boxes you counted and the number indicated on the delivery receipt
-
Please note on the delivery receipt any indications of damage
WARRANTY AND DISCLAIMER
Imagine warrants only that the products are, at the time of delivery by Imagine to the carrier, manufactured in accordance with any product specifications provided by Imagine to Customer from time to time, and that such products will be delivered to Customer free of all liens. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NO OTHER WARRANTY IS EXPRESSED OR IMPLIED, AND IMAGINE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE CUSTOMER SHALL DETERMINE THE SUITABILITY OF THE PRODUCT FOR THEIR INTENDED USE AND THE CUSTOMER SHALL ASSUME ALL RISK AND LIABILTY IN CONNECTION WITH THE USE OR PERFORMANCE OF PRODUCTS. DAMAGES AND WAIVERS OF CLAIMS: IMAGINE SHALL NOT BE LIABLE FOR, AND CUSTOMER HEREBY WAIVES ALL CLAIMS FOR, INJURIES TO PERSONS OR PROPERTY, AND IN NO EVENT SHALL BE LIABLE FOR SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONTINGENT, CONSEQUENTIAL OR COMMERCIAL DAMAGES, LOSS OF INCOME OR PROFIT, OR ANY OTHER DAMAGES. IMAGINE’S LIABILITY SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE PRODUCT SOLD, WHATEVER LIABILITY RESULTS FROM BREACH OF WARRANTY, CONTRACT, TORT OR ANY OTHER CAUSE WHATEVER. CUSTOMER WAIVES ALL CLAIMS AGAINST IMAGINE FOR NEGLIGENCE RELATING TO THE MANUFACTURE, SALE, DELIVERY, OR USE OF ANY PRODUCT PURCHASED BY CUSTOMER.
CLAIMS
The Customer must make any claim for shortages, damages, or defects not caused by the shipper, to Imagine in writing within fifteen (15) calendar days after receipt of shipment. For transportation-related damages or loss, Customer must report the same at once to the carrier. Imagine shall have a reasonable time, but in no event less than twenty (20) days from the date of notice of shortage, damage, or defect if Imagine is liable to cure. All due dates are determined by the date Imagine sent the invoice or received notice. No claim or action may be brought against Imagine relating to any order for sale of any products more than one year after the date the order is made or accepted by Imagine.
RETURNS
No returns will be accepted at any location except at Imagine’s main distribution center without obtaining prior written authorization by Imagine. All returns will be at the expense of the customer, unless incorrect items were sent. All returns must be accompanied by an Imagine pre-authorized credit/return authorization number. All claims and returns must be made within 20 days of receipt by Customer of the products. No credit will be given for any product that has been altered, damaged or used. All merchandise authorized for return must be shipped prepaid and is subject to a 25% handling and restocking charge.
LEGAL FEES In the event either party employs an attorney to prosecute or defend any claims or cause of action arising out of or relating to this Agreement or an Agreed Order, the prevailing party therein shall have the right to recover, and the losing party shall pay, all reasonable attorney’s fees and costs therein incurred.
CUMULATIVE REMEDIES
All of Imagine’s rights here under are separate and cumulative, and no one of them, whether or not exercised, shall be deemed to be an exclusion of any of the other rights and shall limit or prejudice any other legal or equitable right that Imagine may have.
WAIVER
No waiver by either party of any default shall be deemed a waiver of any subsequent default.
CHOICE OF LAW, JURISDICTION, AND VENUE
This Agreement and any Agreed Order shall be governed by and construed in accordance with the laws of the State of Washington, excluding the conflict of laws provisions. Customer irrevocably submits to the exclusive jurisdiction of the state and federal courts located in King County, Washington, in any proceeding relating to this Agreement or any Agreed Order.
NOTICES
All notices and other communications given pursuant to any Agreed Order shall be in writing and shall be deemed to have been given if delivered personally, sent by facsimile (with confirmation), or delivered by a commercial service (with confirmation) to the parties to the addresses or facsimile numbers set forth in the Agreed Order, or at such other addresses or facsimile number as a party may designate by like notice to the other. Any notice or other communication shall be deemed to be given (a) on the date of personal delivery, or (b) on the date of confirmed delivery by facsimile or commercial delivery service.
