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Policies, Terms, & Conditions


Policies

Terms of Sale

Copyrights and Trademarks
Shipping Delays/ Package Redirect
Graphical Proofs
Merchandise Exchange and Return
Freight Claims, and Breakage
Merchandise Inspection and Claims
Payment Terms
Set-up charges
Purchase Orders
Tax Free and Resale Purchases
Waiver and Release Liability Statement

1. ACCEPTANCE
2. DELIVERY
3. PRICE AND PAYMENT
4. PRODUCT RETURNS
5. LIMITATION OF LIABILITY
6. GENERAL




Policies

 

Copyrights and Trademarks

 

By submitting a design or a logo to The Corporate Presence DBA Scholarly Awards, you warrant and represent that you are the sole, legal owner or licensee of all rights, including copyright, to each copyright, trademark, service mark, trade name, logo, statement, portrait, graphic, artwork, photograph, picture or illustration of any person or any other intellectual property included in such design.

Further, you warrant and represent that no part of the design: (a) violates or infringes upon any common law or statutory right of any person or entity, including, but not limited to, rights relating to copyrights, trademarks, contract rights, moral rights or rights of public performance (b) is the subject of any notice of such infringement you have received; or (c) is subject to any restriction or right of any kind or nature whatsoever which would prevent The Corporate Presence DBA Scholarly Awards from legally reproducing the images or text submitted.

You agree to defend, at your sole expense, any claim, suit, or proceeding brought against The Corporate Presence DBA Scholarly Awards which relates to, or is based upon, a claim that any portion of the design infringes or constitutes wrongful use of any copyright, trademark, or other right of any third party, provided that The Corporate Presence DBA Scholarly Awards gives you written notice of any such claim and provides you such reasonable cooperation and assistance as you may require in the defense thereof. You shall pay any damages and costs assessed against The Corporate Presence DBA Scholarly Awards pursuant to such a suit or proceeding. Further, you agree to indemnify and hold The Corporate Presence DBA Scholarly Awards harmless from and with respect to any such loss or damage (including, but not limited to, reasonable attorneys' fees and costs) associated with any such claim, suit or proceeding.

All items shown on this web site containing corporate logos or registered trademarks are shown only to illustrate The Corporate Presence DBA Scholarly Awards logo reproduction capabilities. Purchase of merchandise from The Corporate Presence DBA Scholarly Awards in no way, shape or form grants you permission to reproduce logos, nor does it transfer, grant or lease ownership of any logos or trademarks to you.

Customers agree to allow The Corporate Presence DBA Scholarly Awards to display their logos and personalization copy with the intent of demonstrating examples of work to potential clients.

 

 

 

Shipping Delays / Shipment Redirect

 

Customer agrees not to hold The Corporate Presence DBA Scholarly Awards accountable for shipping and delivery delays. When your order is shipped, it is the carrier's responsibility to deliver the order in time allocated according to the shipping method. Late approvals from customers may require expedited shipping methods, or in some cases, rush production charges.

 

Graphical Proofs

 

In order to ensure customer satisfaction, we proof all orders to verify personalization and content. We strongly encourage customers to proof-read and spell-check personalization text prior to order submission. Customer approval of graphical proofs is required for all orders. We will not proceed with final engraving and/or production until customer's approval is received.

Personalization text changes, including spelling corrections and layout changes require a new proof.

Late approvals from customers may require expedited shipping methods or in some cases rush production charges.

The Corporate Presence DBA Scholarly Awards does not take financial responsibility for the incorrect spelling of personalization text provided by the customer. It is the customer's responsibility to spell check and proof read personalization text prior to submitting their orders. Customers are responsible for the charges they have authorized. We strongly encourage customers to carefully review proofs before artwork is approved.

 

Merchandise Exchange and Return

 

All sales and orders are final. Due to the fact that our merchandise is personalized and made to custom specifications, it cannot be returned. There are no refunds once your order is in production. If you have approved the artwork or graphical proof for your order, your order is in production and cannot be cancelled.

Pre-production cancellation

The customer is liable to pay the agreed upon price for any work that may have been completed up to the pre-production time, if we are able to cancel your order. These charges may include but are not limited to setup charges, artwork preparation charges, shipping charges and restocking fees.

 

Freight Claims, and Breakage

 

Please note that UPS and Federal Express will not deliver to PO boxes, or APO/FPO addresses. Please make sure that your shipping address is a physical address.

Before we ship your order, we send each item to our quality control team, where it is thoroughly inspected. After all products are inspected, the order is carefully packaged and shipped to the customer's shipping address. All goods become customer's property at the time they are accepted by the carrier. All goods are customized products with the customer personalization and are not returnable.

We insure each package shipped for its original value. Please inspect the merchandise upon receipt. Customers are responsible for filing damage or loss claims, in the event shipping carrier damages products in transit. We strongly advise to retain original packaging, including boxes, cartons, all of the packing material and the damaged items for carrier's inspection.

Excluding any applicable offer or discount, customers are responsible for paying all shipping costs, custom duties, taxes or tariffs associated with their orders. The Corporate Presence DBA Scholarly Awards is not responsible for preparing or providing import, export, NAFTA and certificate of origin documentations.

 

 

 

 

Merchandise Inspection and Claims

 

We strongly encourage our customers to thoroughly inspect all merchandise upon receipt. Production defects or flaws must be reported within 2 business days of merchandise receipt. The Corporate Presence DBA Scholarly Awards reserves the right to deny claims reported after 2 business days of merchandise receipt. We are not responsible for any flaws.

To report production defect, please contact us via fax or email and include the following information: company name, contact name, contact phone number, list of merchandise received, and a note explaining loss or damage. Do not return merchandise without our authorization. All returns must be authorized in writing by a representative of The Corporate Presence DBA Scholarly Awards. Unauthorized return shipments will be returned back to the customer at customer's expense.

In the event of production defects, we will issue a refund or a replacement after we receive, inspect, and verify the defects in the merchandise. Production time of the replacement may vary between 3-7 business days.

 

Payment Terms

 

We accept the following types of payments: Wire Transfers, Money Orders, Cashier's Checks, Corporate or Institutional Checks, and the following Credit Cards (Visa, MasterCard or American Express).

We recommend submitting your credit card information via our secure e-commerce website; you can also call in your card information to us. When providing credit card information, please include your order number, the type of card, the card number, the expiration date and your full name and billing address as it appears on the card. Information regarding account number and expiration dates as well as authorized signatures will be held entirely confidential. When paying by credit card, you will be charged 100% of the amount stated on your receipt as soon as we start working on your order. This secures the merchandise and puts the order into production to be customized.

Check Payments

A Returned Check Fee of $25.00 will be assessed in the event a check is returned for Non-Sufficient Funds. Products are shipped when the funds clear our bank. In the event your order is time-sensitive, we strongly recommend using a credit card.

 

Purchase Orders and Net 30 Terms

 

Notwithstanding any "net" payment provisions specified on the invoice, The Corporate Presence DBA Scholarly Awards shall have no continuing obligation to deliver Products on credit, and any credit approval may be withdrawn by The Corporate Presence DBA Scholarly Awards at any time and without prior notice. The Corporate Presence DBA Scholarly Awards retains (and Buyer grants to The Corporate Presence DBA Scholarly Awards by submitting a purchase order) a security interest in the Products to secure payment in full and compliance with all sales agreements, and Buyer agrees to execute any additional documents necessary to perfect such security interest. In the event the sales invoice shall be placed by The Corporate Presence DBA Scholarly Awards in the hands of an attorney for the purpose of collection, with or without litigation, or for the purpose of enforcing The Corporate Presence DBA Scholarly Awards security interest in the Products, the Buyer agrees to pay any and all costs associated with such placement, including, without limitation, attorney's fees and costs incurred prior to, during, or subsequent to trial, and including, without limitation, collection, bankruptcy, or other creditor's rights proceedings.

 

Set-up charges

 

Set-up of standard engraving up to 8 lines of text per item is FREE. Unless a special discount or offer is in effect, set-up charges of $35.00 are applied to orders that require logo and custom artwork engraving.

Purchase Orders

We accept purchase orders from accredited US companies and organizations. The Corporate Presence DBA Scholarly Awards reserves the right to approve or deny purchase order terms. Please email sales@scholarlyawards.com to request purchase order terms approval.

 

Purchase orders must be submitted on our purchase order form. Your purchase order form can only be accepted when accompanied by a unique PO number and the signature of the officer authorizing the purchase. We cannot ship products ordered from purchase orders until the purchase order documentation is on file and has been verified.

Purchase order terms must be pre-approved by our sales representatives. Buyer's failure to make timely payment may result in such action as commencement of proceedings for collection, revocation of credit, stoppage of shipment, delay or cessation of future deliveries, and termination of any one or more sales agreements. Notwithstanding any "net" payment provisions specified on the invoice, The Corporate Presence DBA Scholarly Awards shall have no continuing obligation to deliver Products on credit, and any credit approval may be withdrawn by The Corporate Presence DBA Scholarly Awards at any time and without prior notice. The Corporate Presence DBA Scholarly Awards retains (and Buyer grants to The Corporate Presence DBA Scholarly Awards by submitting a purchase order) a security interest in the Products to secure payment in full and compliance with all sales agreements, and Buyer agrees to execute any additional documents necessary to perfect such security interest.

 

 

Tax-Free and Resale Purchases

 

Businesses or individuals who ARE NOT located in New York are NOT subject to retail tax. Businesses located in New York must complete the certificate of resale and email or mail it to us in order to be exempt from resale tax. Individuals who reside in the state of New Yorkare subjected to retail sales tax. Educational Institutions must provide their tax exempt ID number on their PO and/or their online order to be exempt from any sales tax.

 

Terms of Sale

 

These terms and conditions of sales are the terms and conditions upon which The Corporate Presence DBA Scholarly Awards makes all sales. The Corporate Presence DBA Scholarly Awards will not accept any other terms and conditions of sale, unless Buyer and The Corporate Presence DBA Scholarly Awards have executed a master contract which specifically supersedes and replaces these terms and conditions. Acceptance of all purchase orders is expressly made conditional upon Buyer's assent, expressed or implied, to the terms and conditions set forth herein without modification or addition.

 

 

1. ACCEPTANCE

 

Buyer's acceptance of these terms and conditions shall be indicated by any of the following, whichever first occurs: (a) Buyer's making of an offer to purchase Product from The Corporate Presence DBA Scholarly Awards; (b) Buyer's written acknowledgment hereof; (c) Buyer's acceptance of any shipment of any part of the items specified for delivery (the "Products"); or (d) any other act or expression of acceptance by Buyer. The Corporate Presence DBA Scholarly Awards acceptance is expressly limited to the terms and conditions hereof in their entirety without addition, modification or exception, and any term, condition or proposals hereafter submitted by Buyer (whether oral or in writing) which is inconsistent with or in addition to the terms and conditions set forth hereon is objected to and is hereby rejected by The Corporate Presence DBA Scholarly Awards. The Corporate Presence DBA Scholarly Awards’ silence or failure to respond to any such subsequent or different term, condition or proposal shall not be deemed to be The Corporate Presence DBA Scholarly Awards acceptance or approval thereof. Customers agree to allow The Corporate Presence DBA Scholarly Awards to display their logos and personalization copy with the intent of demonstrating examples of work to potential clients.

 

 

2. DELIVERY

 

Unless otherwise agreed in writing, delivery shall be made in accordance with The Corporate Presence DBA Scholarly Awards shipping policy in effect on the date of shipment. For all domestic transactions, unless otherwise stated on the front of the invoice, title to, and all risk of loss or damage with respect to the Products shall pass to Buyer upon delivery by The Corporate Presence DBA Scholarly Awards to the carrier or Buyer's or carrier's representative at The Corporate Presence DBA Scholarly Awards location. For all international transactions, the Product shall be sold on a delivered, insurance paid, duty and international freight unpaid basis. The Corporate Presence DBA Scholarly Awards assumes no responsibility for charges attendant to Customs clearance in the country of delivery, customs duty, VAT or any other charges or taxes within the country designated for delivery by the Buyer. Buyer shall promptly notify The Corporate Presence DBA Scholarly Awards in no event later than two (2) business days after delivery, of any claimed shortages, breakages or rejection as to any delivery. Such notice shall be in writing and shall be reasonably detailed, stating the grounds for any such rejection. Failure to give any such notice within such time shall be deemed an acceptance in full of any such delivery. The Corporate Presence DBA Scholarly Awards shall not be liable for any shipment delays. It is carrier's responsibility to deliver the order in time allocated according to the shipping method. Buyer is responsible for filing damage or loss claims, in the event shipping carrier damages products in transit. We strongly advise to retain original packaging, including boxes, cartons, all of the packing material and the damaged items for carrier's inspection. In order to verify that the merchandise was received safely by our customers we require signature an all shipments or deliveries. FedEx and UPS is instructed not to drop off the merchandise without customer's signature. Per customer's request we can bill shipping charges directly to customer's UPS account if provided. In the event FedEx or UPS account provided by the customer is invalid or inactive, or FedEx or UPS has failed to collect freight / shipping fees from the customer, FedEx or UPS automatically bills The Corporate Presence DBA Scholarly Awards. Customer agrees to pay all shipping charges and fees and agrees to be charged back for such charges and fees if FedEx or UPS reverses shipping charges back to The Corporate Presence DBA Scholarly Awards. The Corporate Presence DBA Scholarly Awards reserves a right to automatically bill customer’s credit card for any shipping or freight fees owed to the company. In the event customer fails to sign for the delivery of merchandise and FedEx or UPS returns the package back to our company, customer agrees to pay additional shipping charges associated with delivering merchandise to an alternative address.

 

 

 

3. PRICE AND PAYMENT

 

Buyer shall bear all applicable federal, state, municipal and other government taxes (such as sales, use and similar taxes), as well as import or customs duties, license fees and similar charges, however designated or levied on the sale of the Products (or the delivery thereof) or measured by the purchase price paid for the Products. (The Corporate Presence DBA Scholarly Awards prices set forth on the front side of the invoice do not include such taxes, fees and charges.) Exemption certificates must be presented prior to shipment if they are to be honored. Payment in full is due thirty (30) days from date of invoice. The Corporate Presence DBA Scholarly Awards at its discretion, may require reasonable advance assurances of payment through irrevocable bank letters of credit or otherwise. Buyer's failure to make timely payment may result in such action as commencement of proceedings for collection, revocation of credit, stoppage of shipment, delay or cessation of future deliveries, and termination of any one or more sales agreements. Notwithstanding any "net" payment provisions specified on the invoice, The Corporate Presence DBA Scholarly Awards shall have no continuing obligation to deliver Products on credit, and any credit approval may be withdrawn by The Corporate Presence DBA Scholarly Awards at any time and without prior notice. The Corporate Presence DBA Scholarly Awards retains (and Buyer grants to The Corporate Presence DBA Scholarly Awards by submitting a purchase order) a security interest in the Products to secure payment in full and compliance with all sales agreements, and Buyer agrees to execute any additional documents necessary to perfect such security interest. In the event the sales invoice shall be placed by The Corporate Presence DBA Scholarly Awards in the hands of an attorney for the purpose of collection, with or without litigation, or for the purpose of enforcing The Corporate Presence DBA Scholarly Awards security interest in the Products, the Buyer agrees to pay any and all costs associated with such placement, including, without limitation, attorney's fees and costs incurred prior to, during, or subsequent to trial, and including, without limitation, collection, bankruptcy, or other creditor's rights proceedings. If a sale is to occur, or the Product is to be shipped, outside of the United States, Buyer acknowledges and agrees that the amount due The Corporate Presence DBA Scholarly Awards is contracted in U.S. Dollars and that payment in U.S. Dollars is of the essence.

 

 

 

4. PRODUCT RETURNS

 

All sales and orders are final. There are no refunds once Buyer's order is in production. If Buyer approved the artwork or graphical proof of order, then the order is in production and cannot be cancelled.  Buyer is liable to pay the agreed upon price for any work that may have been completed up to the pre-production time, if The Corporate Presence DBA Scholarly Awards is able to cancel the order. These charges may include but are not limited to setup charges, artwork preparation charges, shipping charges and restocking fees. The artwork set-up fee of $25.00 and restocking fees (up to 40% of the total order) will be charged if the order is cancelled prior to production or proof approval. The Corporate Presence DBA Scholarly Awards does not take financial responsibility for the incorrect spelling of personalization text provided by Buyer. It is the Buyer's responsibility to spell check and proof read personalization text prior to submitting orders. Return of Products purchased and claimed to be defective, shall be governed by The Corporate Presence DBA Scholarly Awards.

 

Product Return Policies. Buyer must notify The Corporate Presence DBA Scholarly Awards of defects in product delivered in no event later than two (2) business days after delivery. Such notice shall be in writing and shall be reasonably detailed, stating the grounds for claims of defects. Failure to give any such notice within such time shall be deemed an acceptance in full of any such delivery. Upon defective product claim investigation, The Corporate Presence DBA Scholarly Awards will determine a validity of claim. If product is determined to be defective by Corporate Presence DBA Scholarly Awards ,The Corporate Presence DBA Scholarly Awards will produce and ship product replacement. The Corporate Presence DBA Scholarly Awards reserves the right to modify or eliminate this or any such policies at any time. Although The Corporate Presence DBA Scholarly Awards policies may permit Buyer to return Products claimed to be defective under certain circumstances, The Corporate Presence DBA Scholarly Awards makes no representations or warranties of any kind with respect to the Products. The Corporate Presence DBA Scholarly Awards HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS TO THE PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The Corporate Presence DBA Scholarly Awards WILL NOT BE LIABLE FOR ANY DAMAGE, LOSS, COST OR EXPENSE FOR BREACH OF WARRANTY. The right to return defective Products, as previously described, shall constitute The Corporate Presence DBA Scholarly Awards sole liability and Buyer's exclusive remedy in connection with any claim of any kind relating to the quality, condition or performance of any Product, whether such claim is based upon principles of contract, warranty, negligence or other tort, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose, or otherwise. In the event The Corporate Presence DBA Scholarly Awards issues a return authorization to Buyer allowing Buyer to return Product to The Corporate Presence DBA Scholarly Awards Buyer will deliver the Product to The Corporate Presence DBA Scholarly Awards address in the United States, if so required by The Corporate Presence DBA Scholarly Awards, and Buyer shall bear all applicable federal, state, municipal and other government taxes (such as sales, use and similar taxes) as well as import or customs duties, license fees and similar charges, however designated or levied, on any replacement Product to be shipped by The Corporate Presence DBA Scholarly Awards to Buyer.

 

 

 

5. LIMITATION OF LIABILITY

 

The Corporate Presence DBA Scholarly Awards shall not be liable under any circumstances for any special, consequential, incidental, punitive or exemplary damages arising out of or in any way connected with the agreement to sell Product to Buyer or the Product, including, but not limited to, damages for lost profits, loss of use, lost data or for any damages or sums paid by Buyer to third parties, even if The Corporate Presence DBA Scholarly Awards has been advised of possibility of such damages. The foregoing limitation of liability shall apply whether any claim is based upon principles of contract, warranty, negligence or other tort, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose, or otherwise.

 

 

 

6. GENERAL

 

These terms and conditions shall constitute the final, complete and exclusive agreement of the parties with respect to all sales by The Corporate Presence DBA Scholarly Awards to Buyer and shall supersede all prior offers, negotiations, understandings and agreements. Unless Buyer and The Corporate Presence DBA Scholarly Awards have executed a master contract which specifically supersedes and replaces the terms and conditions herein, it is expressly agreed that no prior or contemporaneous agreement or understanding, whether written or oral, shall contradict, modify, supplement or explain the terms and conditions contained herein. No additional or different terms or conditions, whether material or immaterial, shall become a part of any sales agreement unless expressly accepted in writing by an authorized officer of The Corporate Presence DBA Scholarly Awards in the United States. Any waiver by The Corporate Presence DBA Scholarly Awards of one or more of these terms and conditions or any defaults hereunder shall not constitute a waiver of the remaining terms and conditions or of any future defaults hereunder. No failure or delay by either party in exercising or enforcing any right hereunder shall operate as a waiver thereof or preclude any other exercise or enforcement of rights hereunder. Any provision of these terms and conditions that is prohibited or unenforceable under the laws of the State of New York shall be ineffective to the extent of such prohibition or unenforceability, without impairing or invalidating the remaining provisions of these terms and conditions. All sales agreements shall be deemed made in, and shall be governed by, the laws of the State of New York. The venue for any disputes arising out of any sales agreement shall be, at The Corporate Presence DBA Scholarly Awards sole and exclusive option, New York or the courts with proper jurisdiction at Buyer's location. ALL SALES TRANSACTIONS EXCLUDE THE APPLICATION OF THE 1980 UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.

 

The Corporate Presence DBA Scholarly Awards Copyright © 2012

 

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