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Standard Terms And Conditions

BY ORDERING MARKET STREET PRODUCTS ( " PRODUCTS " )FROM MARKET STREET PRESS AND ITS AFFILIATES ( " Market Street " ), YOU AGREE TO THESE STANDARD TERMS AND CONDITIONS. Any different, conflicting or additional terms in any purchase order, order acknowledgment, sales agreement, sales contract or other writing from you or many other writing from Market Street shall be void unless expressly agreed in writing and signed by an officer of Market Street stating plainly that you and Market Street intend it to serve as a substitution, modification or supplement to these Standard Terms and Conditions. These Standard Terms and Conditions shall comprise the exclusive terms, conditions, and agreements of the parties respecting sale of Products described herein and supersede any provisions on the face and reverse side of your order or any prior agreement inconsistent with the provisions hereof.

Orders. All sales are final. No order shall be processed without a purchase order and no order shall be final or binding until accepted and acknowledged in writing by Market Street to you. No cancellations of orders will be permitted within fewer than 3 days of acknowledged ship date except in the sole and exclusive discretion of Market Street and subject to payment of all applicable cancellation charges.

Shipment, Delivery, and Title. The dates of all planned shipments are estimated and not guaranteed. Market Street will arrange for shipment to Market Street of all Products (a) by UPS Standard Service for orders of 3, 000 or fewer units and (b) by air freight forwarder for orders of more than 3, 000 units;provided, however, that Market Street will, upon request and at your sole cost, arrange for shipment by FedEx or UPS expedited service or other air freight service on a case-by-case basis. Market Street will not be deemed responsible for any liability in connection with any shipment because of the selection of a carrier or its failure to obtain insurance.

Taxes and Governmental Charges. Prices do not include any taxes or other governmental charges including, without limitation, value added, sales (Market Street will charge local sales tax unless a sales tax exemption certificate is on file), use or privileges taxes, or excise or similar taxes. At Market Street's discretion, any such taxes and charges may be added to the price for any Products or may be billed separately. You agree, in any event, to pay all such taxes and charges on or before their due dates. In the event Market Street is required at any time to pay any such tax or charge, you agree to reimburse Market Street promptly on demand. If any governmental agency requires you to withhold any portion of the gross payment due to Market Street, then such payment shall be increased by the amount of such withholding.

Availability and Pricing. All listings, specifications, availability, and prices related to Products are subject to change without notice. All prices will be prevailing rates upon placement of order, and, for deliveries scheduled more than sixty days from date of order, Market Street reserves the right to revise all prices to the prevailing rate upon shipment.

Terms of Payment. Market Street requires (a), prior to commencement of manufacture of your Products, receipt of a signed and dated preproduction virtual proof, a non-refundable deposit equivalent to fifty percent of the purchase price, and acceptable credit arrangements for the balance of the purchase price and (b) payment in full upon completion of manufacture of your Products (in the event of domestic manufacture) or arrival of your Products in the United States (in the event of foreign manufacture). Market Street may arrange payment terms, subject to credit approval by Market Street, of net thirty days from date of invoice;provided, however, that Market Street shall be entitled, at any lime and from time to time to require a prepaid cash balance equal to any unfulfilled orders, guaranteed irrevocable letter of credit, personal guaranty or other assurance of payment satisfactory to Market Street as a condition to acceptance of any order or shipment of any Products. All payments by you to Market Street shall be in U. S. Dollars fully net, without set-off, deduction for payment processing or counterclaim and, unless otherwise agreed to by Market Street, shall be by check to be drawn on your corporate account at a national bank (provided that Market Street reserves the right to impose a $25. 00 service charge upon all returned checks), by electronic funds transfer pursuant to Market Street instructions or by Market Street draw upon a bank letter of credit satisfactory in form and substance to Market Street. Market Street accepts credit and procurement cards from American Express ™, MasterCard ™, and Visa ™ and, upon execution of a Market Street Credit Card Authorization form, you entitle Market Street to charge the full invoice to your provided credit card if payment is not received upon the due date therefor.

Open Accounts. You must, if you wish to open a credit account, furnish all information requested by Market Street. Market Street reserves the right, in its sole and absolute discretion, to grant, refuse, reduce, suspend or discontinue any extensions of credit at any time. Market Street further reserves the right to cancel any order, require payment in advance or require provision of adequate assurance of performance, without any liability of Market Street, in the event of insolvency, bankruptcy, appointment of a receiver or trustee or the execution of an assignment for the benefit of creditors.

Late Charges. It you fail to pay the price or any other payment due to Market Street promptly and when due, Market Street may require you to pay, in addition to the price or payment, interest thereon at a rate equal to the lesser of 1½% per month and the maximum rate of interest allowable under applicable law, from the original due date until full payment has been made by you or on your behalf.

Grant of Security Interest. You hereby grant Market Street a security interest in all Products sold to you hereunder to secure due and punctual payment and performance of all of your obligations hereunder. You agree to execute all financing statements and other documents, and take all other actions, that Market Street may reasonably request to perfect, protect, continue or maintain such security interests.

Limited Warranty. Each Product manufactured and sold by Market Street is covered by the applicable limited warranty provided with the Product. If any Product covered under warranty is returned by you in accordance with Market Street's return policy within the applicable warranty period, and, upon examination Market Street determines to its satisfaction that such Product was detective due to materials or workmanship within the specified warranty period, Market Street will, at its option, repair or replace the Product or the defective part thereof. Market Street may in its sole discretion refund the original purchase price of the Product to you. In no event will Market Street be responsible for damage to any Product resulting from accident, neglect, use of the Product other than in accordance with the applicable user documentation provided with the Product or resulting from installation, repairs or alterations made by any person or firm not duly authorized by Market Street in writing or for problems attributable to other products or services not provided by Market Street.

Third Party Warranties. With respect to Products sold to you by Market Street but not manufactured by Market Street, and unless otherwise indicated in the Market Street limited warranty included by Market Street with such Products, MARKET STREET MAKES NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION. ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT but will make available to you, to the extent permitted by law and applicable contracts, the warranties of the manufacturer of the Product upon your timely written request.

No Implied Warranties. THE WARRANTIES GIVEN IN THESE TERMS ARE THE ONLY WARRANTIES GIVEN BY MARKET STREET WITH RESPECT TO THE PRODUCTS AND ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. YOUR EXCLUSIVE REMEDIES, AND MARKET STREET'S SOLE LIABILITY, FOR ANY NON-CONFORMITY OR DEFECT IN ANY PRODUCT SHALL BE THOSE EXPRESSED HEREIN.

Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL MARKET STREET'S LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY ORDER OR OTHER AGREEMENT BETWEEN YOU AND MARKET STREET OR MARKET STREET'S PERFORMANCE OR ASSERTED FAILURE TO PERFORM HEREUNDER, IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE PURCHASE PRICE OF THE PRODUCT TO WHICH SUCH LIABILITY RELATES. IN NO EVENT SHALL MARKET STREET BE LIABLE FOR SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES, INCLUDING. WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF USE, PROFITS, BUSINESS OR GOODWILL, WHETHER OR NOT MARKET STREET HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. This limitation of liability represents an allocation of risks between Market Street and you, which allocation is reflected in the purchase price for the Products.

Returns. All sales are final. However, in the event of material defects in the Products, Market Street will issue authorization for the return thereof;provided, however, you must provide written notice to Market Street of any and all claims for shortage, material defect or non-receipt of Products within seven days of receipt thereof or invoice therefor. No Product will be accepted for return and no credit will be allowed on any returned Product without the prior written authorization of Market Street and the return of the Products in unused, undamaged and otherwise "as new " condition.

Non-Exclusive. Nothing contained within any order or other agreement between you and Market Street shall be construed to establish an exclusive relationship between you and Market Street within any territory or related to any Product.

Catalog Descriptions. All specifications, drawings and particulars of weights, dimensions, capacity or other details contained in the Market Street catalog (online and offline) are intended to give general descriptions of the Products but are not, and shall not be, part of any order or other agreement between you and Market Street. Customer shall consent to MSP's use of any product manufactured, designs prepared or proposals submitted in portfolios, random samples and other promotional materials to be used by MSP in promoting the sale of its services to others.

Governing Law;Arbitration. You and Market Street agree that the terms of purchase and sale of Products set forth heroin shall be construed and interpreted pursuant to and governed by, the substantive laws of the State of North Carolina without regard to its conflicts of law principles and without regards to the United Nations Convention on Contracts for the International Sale of Goods. Disputes between you and Market Street pertaining to such purchases and sales shall be settled by binding and final arbitration in Pinehurst, North Carolina pursuant to the Commercial Rule's of Arbitration of the American Arbitration Association ("AAA") before a single arbitrator appointed by the AAA. You and Market Street agree and acknowledge that compliance with the provisions hereof shall not be construed under the doctrines of laches, waiver or estoppel to affect adversely the rights of either you or Market Street and that matters excluded from the requirements hereof include controversies related to efforts to obtain possession of any personal property (including, but not limited to, money owed) .

Security Interest. Market Street shall be and is hereby is granted, until the purchase price for the Products is paid in full by you, a purchase money security interest in the Products and all proceeds thereof, and you further hereby authorize Market Street to file financing statements and other documents as Market Street may reasonably require in order to perfect its security interest. Market Street shall, with respect to the security interest, possess all rights and remedies of a secured party under the Uniform Commercial Code and other applicable law, which rights and remedies shall be cumulative and not exclusive.

Force Majeure. Market Street shall not, without limitation upon the generality of any other provision hereof, be liable for loss or damage caused by any delay or failure to perform resulting in whole or in part from Acts of God, severe weather conditions, labor disruptions, governmental decrees or controls, insurrections, terrorism, war, risks, shortages, inability to procure or ship Products or obtain permits and licenses, insolvency or other inability to perform by manufacturers of the Products, delay in transportation, any other commercial impracticability and or any circumstances beyond the reasonable control of Market Street in the ordinary course of its business operations;provided, however, that no force majeure event as hereinabove set forth shall extend or excuse payments of any sums owed by you at the time of the occurrence thereof or thereafter.

No Third Party Benefit. No provision of order or agreement between you and Market Street (including, but not limited to, these Standard Terms and Conditions) shall be construed as giving any person, firm, limited liability company, corporation or other entity, other than the Parties, and their respective successors and permitted assigns, any right, remedy or claim under or in respect to these Standard Terms and Conditions.

Attorneys Fees. Market Street shall be entitled, in the event of (a) arbitration to enforce any provision of any order or agreement between you and Market Street or to resolve disputes related to any order or agreement between you and Market Street, (b) litigation as hereinabove permitted or (c) litigation to enforce the decision of the arbitrator, to recover all costs, expenses, and damages (including, but not limited to, a reasonable fee for the service of attorneys employed for any purpose related to any order or other agreement between you and Market Street including, but not limited to, consultation, drafting documents, sending notices or instituting, prosecuting or defending litigation or arbitration as well as arbitration fees, attorneys fees, court costs, and litigation expenses) that it incurs in event of any breach or default by you of any order or agreement between you and Market Street.

Severability. Wherever possible, each provision of these Standard Terms and Conditions shall be interpreted in such a manner as to be effective and valid under applicable laws. In case any one or more of the provisions of these Standard Terms and Conditions shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such provision or provisions shall be ineffective to the extent, but only to the extent, of such invalidity, illegality or unenforceability without invalidating the remainder of such invalid, illegal or unenforceable provision or provisions or any other provisions of these Standard Terms and Conditions unless such a construction would be unreasonable.

Sincerely,
Eric Levin
President

Click to view promotional and gift products under Bags category Click to view promotional and gift products under Banner Pens category Click to view promotional and gift products under Eco & social friendly category
Click to view promotional and gift products under Office category Click to view promotional and gift products under Pens category Click to view promotional and gift products under Playground category
Click to view promotional and gift products under Sports and Health category Click to view promotional and gift products under Tools category Click to view promotional and gift products under Trade Show Pop category
Click to view promotional and gift products under Gifts category Click to view promotional and gift products under Serviceware category Click to view promotional and gift products under Wearables category
The playground is open at Market Street Press, and we wholeheartedly embrace the concept of cooperation and imagination. We apply this theme to our products and the manner in which we do business. This is achieved by crafting promotional and gift products that are themselves fun, imaginative, interactive, innovative, and informative; and by building business relationships based on cooperation and friendship. We make exclusive, patent-pending promotional items found nowhere else to ensure that you have the latest toys on the block. We will work with you toward designing, engineering and prototyping products that put our experience and creativity toward your goals.
  • ASI 68815
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  • PPAI 220168
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  • SAGE 67691