Terms & Conditions
Updated February 16th, 2022
Acceptance of Terms of Use
The sale of goods or services by Metal Marker Mfg. (“Seller”) is subject to the terms and conditions contained herein (“Terms”). The Terms contained herein take precedence over any terms and conditions which are proposed by a buyer of goods or services (“Buyer”) whether contained on a purchase order or otherwise. The terms and conditions contained herein, together with any Quotation, Order Confirmation or Invoice delivered by Seller to Buyer (the “Sales Confirmation”), is the entire contract between the Buyer and Seller and shall supersede any and all other agreements and understandings between the parties with respect to the subject matter hereof. Seller hereby rejects any and all terms and conditions proposed by Buyer, whether or not contained in any of Buyer’s business forms (including any purchase order). Seller’s acceptance is limited to these Terms and is expressly conditional on Buyer’s acceptance of these Terms, and any additional or different terms proposed by Buyer are automatically rejected unless expressly assented to in writing by an authorized representative of Seller.
Production Variations
Please keep in mind that any and all proofs are digital renderings, and as such may result in the final product experiencing slight variations.
Colors will vary. We do not guarantee color consistency. Please review your proofs carefully and correct any mistakes prior to proof approval. Subsequent art approval, Seller does not review/adjust art prior to processing.
Minimum Order and Payment Terms
There is a $299 minimum order amount required. Unless otherwise stated in the Sales Confirmation, terms of payment are net thirty (30) days from the date of invoice.
Lead Times
Metal Marker strives to meet and exceed your expectations. While lead times vary based on customer requirements, process, and production schedule, Metal Marker will do our very best to work with you in meeting project timelines. We are proud of our 99.9% on time delivery and our 1 PPM quality record.
Cancellation
An order once placed with and accepted by the Seller can be canceled only with the Seller’s consent, in writing, and upon terms that will indemnify the Seller against loss.
Shipping and Delivery
UPS prepay & add Standard terms available with approved credit VISA, MasterCard, Discover and AmEx accepted. Quotation valid for 7 days
Unless otherwise stated material, tolerances are +/-.005
All other tolerances are +/-.015
Acceptance of your Purchase Order will be acknowledged by your Metal Marker Customer Service Representative within three (3) business days of receiving. Please contact your Metal Marker Customer Service Representative if you do not receive acknowledgment of acceptance within three (3) business days.
Delays in Lead Times, Shipping and Delivery
Please contact us for the ship date on critical deliveries. Delays in delivery times may be experienced due to unforeseen circumstances such as delay or shortage of production materials, and other causes beyond our reasonable control, without any liability on Metal Marker Mfg. part for delays.
Buyer Intellectual Property
If words, symbols or designs are provided to Seller by Buyer for printing on/in a particular good then the Buyer represents that the words, symbols and designs are either in the public domain or are the property of Buyer. The buyer also notes that they do not infringe on the trademarks or copyrights of others. Buyer shall defend, indemnify and hold Seller harmless from and against any and all loss, cost, expense, claims, demands, suits and judgments (including, but not limited to, attorney fees) arising from actual or alleged infringement of any third-party intellectual property right for any products manufactured to Buyer’s specifications or for any words symbols or designs provided by Buyer to Seller to be incorporated on/in a particular product.
INDEMNIFICATION
You agree that you shall indemnify and defend Metal Marker Mfg. and all parties from whom Metal Marker Mfg. has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into Products.