Proofs. A signed proof is a binding, legal agreement to print your order as is. Production will not begin until a proof is signed and returned to Plastek Cards, and it is your responsibility to ensure that your proof has been received by Plastek Cards.
Die Cutting Variances. In the die cutting process, cut lines can shift up to 1/16”. Due to cutting variances, designs that feature a framed boarder are not recommended. The possible slight shift in cutting will cause the printed frame boarder to appear off center.
Color Match. Plastek Cards cannot guarantee exact color matches due to substrate and overlay inconsistencies. The substrate color may vary slightly due to changing formulations and dye lots. Plastek Cards makes every effort to minimize these slight color variations. However, we are not responsible for these color inconsistencies.
Pricing. All Plastek Cards pricing and product offerings are subject to change at any time without notice.
Exemption from Sales Tax. Customer does/does not possess a current Certificate of Exemption/Resale Certificate (“Tax Exemption Document”). If Customer does possess a Tax Exemption Document, Customer shall deliver it to Plastek Cards. In the event the Customer does not provide a Tax Exemption Document along with their Credit Application or order, Customer shall assume any and all tax liabilities assessed by local, state or federal government for Customer’s order.
Payment Due Date. Customer’s payment for its order shall be either according to payment terms provided, if payment terms were provided. Otherwise, prepayment is required. Finance Charges of 2% per month on outstanding invoices over 30 days from invoice date will be assessed.
Late Payments. Customer’s failure to make timely payments shall be considered a material breach of this Agreement. In the event of Applicant’s breach, Applicant shall pay all costs of collection, including attorney fees and court costs. Any action to enforce this agreement may be brought in any court of competent jurisdiction in Los Angeles County, California. Plastek Cards reserves the right to withhold the fulfilling of Customer’s orders in the event Customer’s account is delinquent.
Returned Checks. Returned checks will result in a $35.00 surcharge. Interest will continue to accrue on any unpaid balance while payment is being recovered.
Sales Quotations Not Binding. Customer acknowledges that all sales quotations by Plastek Cards are subject to change after review.
Refunds. Refunds are not available after production has commenced. Design and set up fees are non refundable.
Cancellation of Production. Product cancellations available within one day after production commences. Cancellations shall result in a $50.00 plate and film fee.
Returns. Returns are not accepted without prior written authorization from Plastek Cards, and must be accompanied by a Return Materials Authorization (RMA) number. Claims must be made within 10 days of receipt of the goods.
Risk of Loss. Risk of loss for any merchandise Customer orders from Plastek Cards transfers to Customer upon Plastek Card’s delivery of such merchandise to the carrier. Cost to replace any lost or damaged goods as a result of the carrier’s mishandling shall be born by Customer. Despite any such loss or damage, Customer shall be liable for payment on the order resulting in the lost or damaged merchandise. Any claims for lost or damaged goods shall be made by Applicant directly to the carrier. All shipments are insured.
Promotion Rights. Plastek Cards reserves the right to incorporate any of its manufactured items into any promotional and collateral materials.
Right to Modify the Terms of Sale. Plastek Cards reserves the right to modify these Terms of Sale at any time, in its sole discretion, with or without notice. All modifications to these Terms of Sale will be effective immediately upon posting of the modifications to the website. You agree to check this web page each time you access the website to become aware of any changes. By continuing to access the Plastek Cards website and any pages or materials contained therein, and by using the Plastek Card printing service, you agree to be bound by these modifications to the Terms of Sale.
Indemnification. Customer shall defend, indemnify and hold harmless Plastek, its affiliates, and its officers, directors, employees, and agents from any loss, damage, liability, claim, demand or cost (including reasonable attorneys’ fees) made or incurred by any third party due to or arising out this Agreement.
Limited Liability. IN NO EVENT SHALL PLASTEK’S LIABILITY ARISING OUT OF THIS AGREEMENT EXCEED THE FEES PAID TO PLASTEK DURING THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM FOR DAMAGES. IN NO EVENT SHALL PLASTEK BE RESPONSIBLE TO APPLICANT FOR ANY LOST OPPORTUNITY OR PROFITS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES ARISING OUT OF THIS AGREEMENT, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY (INCLUDING NEGLIGENCE), AND WHETHER OR NOT PLASTK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. The limitations set forth above shall be enforceable to the maximum extent allowed by applicable law.
Force Majeure. Plastek Cards shall not be responsible for any failure to perform its obligations under this Agreement if such failure is caused by acts of God, war, strikes, revolutions, lack or failure of transportation facilities, laws or governmental regulations or other causes that are beyond its reasonable control.
