Your order, whether submitted by mail, phone, fax, e-mail, in-person or any other common means of transmitting an order, shall be considered a valid order and is a conditional acceptance by Visibles, Inc., of your offer to purchase our goods and services and your acceptance of our terms and conditions. Notification of acceptance by Visibles, Inc. is not required. All terms or conditions of any customer purchase order issued for an order inconsistent with the terms & conditions herein are null & void. These terms and conditions of sale represent the entire agreement between the parties with respect to the subject matter hereof. This acceptance constitutes a complete and binding contract which cannot be modified or canceled without written consent of both parties. You and Visibles, Inc., agree that any contract hereby entered into has been made and is to be construed to Michigan law.
Overages & Shortages
We try to produce your order in the quantity ordered, but it is not always possible to print the exact quantity. Therefore, we reserve the right to ship and subsequently bill or credit your account for up 10% over or under the quantity ordered.
Once your order is submitted to Visibles, Inc., we cannot guarantee our ability to make changes or cancellations to an order. Visibles, Inc. will make every effort to comply with your cancellation request. However, all costs incurred by Visibles, Inc. will be the responsibility of the customer. Since we are producing custom imprinted materials per your authorization, once artwork is approved, your order cannot be cancelled and must be paid in full.
Visibles, Inc. is required by law to collect all applicable sales taxes for the state, counties and cities of Michigan. Companies, individuals and organizations who are exempt from sales taxes must provide Visibles, Inc. with their resale certificate before their orders will be exempt from sales taxes.
Transfer of Ownership
All goods become your property at the time they are accepted by the carrier. All goods are custom imprinted with the customer customization and are not returnable.
Customer agrees that it will not hold Visibles, Inc. accountable for delays in delivery occasioned by acts of God or other circumstances over which we have no direct control. Factory shipment or delivery dates are best estimates of our suppliers, and no case shall Visibles, Inc. be liable for any consequential or special damages arising from any delay in delivery.
Customer hereby authorizes Visibles, Inc. and its shipping partners to release the customer order(s) to the delivery address provide without signature. The furnishing by Visibles, Inc. of a delivery receipt upon which is listed the designated place of delivery shall constitute proof of delivery. Upon furnishing such proof of delivery, the customer shall indemnify Visibles, Inc. against and hold it harmless from all claims for liability, including any expenses related thereto (including attorneys' fees) arising by reason of loss or damage to any shipments handled by Visibles, Inc. under the terms of this agreement.
Damages & Shortages
I.C.C. regulations require that claims of visible damage or shortage must be made to the driver at time of delivery. Concealed damage must be reported to the carrier within 15 days of delivery to validate a claim. Any claim against Visibles, Inc. shall be deemed waived by the customer/purchaser unless a claim is made within the aforementioned time periods.
Due to the nature of materials in domestic and foreign manufactured products, Visibles, Inc. cannot guarantee exact color matches from dye lot to dye lot. These variations shall be considered acceptable.
Visibles, Inc. liability for defective orders shall be limited to repair, refund or replacement of the order. It is expressly understood by the customer and Visibles, Inc. that Visibles, Inc. liability is absolutely limited to the total cost of the order and that Visibles, Inc. shall not be responsible for any other damages of any kind. The product, the subject of this order, contains no warranty, expressed or implied.
Limitation of Liability
The customer agrees to reimburse Visibles, Inc. for any and all claims or expenses arising from use of any pictures, copy or plate furnished by the customer, where a claim arises that is an infringement of copyright, trademark or â€œright of privacyâ€Â. This indemnification shall not only include damages that may be assessed against Visibles, Inc., but all costs incurred in the defense of the same, including but not limited to, attorney fees and court costs.
This agreement and any orders hereunder shall be governed by the laws of the State of Michigan, without regard to conflicts of law rules. Both parties consent to the jurisdiction of Oakland County, Michigan courts over any matters arising out of this agreement or any orders hereunder.
If any provision of these terms and conditions shall be deemed illegal or unenforceable, such illegality or unenforceability shall not affect the validity and enforceability of any other provision hereof, which together shall be construed as if such illegal or unenforceable provisions had not been included herein.
Payment & Credit Policies
1.1 Any organization or person that has not ordered within the last 18 months or does not have a current line of credit with Visibles, Inc. will pre-pay all orders by cash, check or credit card and will have a completed customer master record in the Visibles, Inc. system before an order will be processed (i.e. purchase orders, work orders or any related order expenditure).
1.2 All credit card orders will have a completed and signed Credit Card Authorization Form and a completed customer master record in the Visibles, Inc. system before an order will be processed.
2.0 Credit Extension
2.1 Credit may be extended to a company after review of their financial strength, previous history with Visibles, Inc., their payment habits to other suppliers, bank reference comments, and credit rating.
2.2 Before a credit review will begin, all of the following will be completed:
3.0 Credit Line
3.1 When credit is offered, the credit amount will be determined by the last three completed orders. Orders over the credit limit will only be processed after receipt of partial payment on the order.
4.1 The terms for a credit line will be set at the one of the following based on the credit review:
4.2 Failure to pay within the term days will result in late payment fees and credit line revocation.
5.0 Credit Hold
5.1 An account will be placed on credit hold if any of the following situations arise:
5.2 While an account is on credit hold, all orders will be processed in compliance with the Visibles, Inc. Prepayment Policy stated above.
5.3 Credit hold will be removed when:
6.0 Late Fees
6.1 All unpaid orders exceeding the term days will be charged a late payment fee. The late payment fee will be the greater of $10.00 or 1.5% per month on the outstanding balance.
7.0 Collection Process
7.1 Prior to commencing the collection process, the following will be performed:
7.2 After the aforementioned review, the collection process will begin on all accounts with outstanding balances exceeding the terms of their credit line
7.3 The account will be contacted a minimum of three times with any one of the following methods: e-mail, fax, collection letter or phone call. Any customer responses will be noted within the customer credit file.
7.4 After contact has been made and a reasonable length of time has elapsed without payment, legal action will be pursued to collect the outstanding balance, interest and all legal fees.
8.0 Credit Review
8.1 Visibles, Inc. reserves the right to review an accounts credit line at anytime and may require the periodic submission of an updated credit application.