Terms and Conditions

Order Confirmation

The order confirmation represents more than just a reiteration of your purchase order. In preparing the Confirmation, Express completes all necessary pre-production work, including creating graphics files, production planning, preliminary scheduling, material resource planning, credit review, preparation of tooling, work orders, etc. This is a detailed and involved process. By completing all pre-production work before Confirmation, Express is able to begin production immediately upon receipt of the signed Confirmation. This process enables Express to provide the best possible order turnaround.

Price Validity

Unless otherwise indicated, Price Quotations are valid for 30 days from the date of issue.

Quantities and Alterations

Price Quotations are for indicated quantities only. Any reduction of quantity may require re-quotation. Any variation of order specifications may require re-quotation. Express reserves the right to modify quotations if any specifications or material details are miscommunicated to Express or omitted from the request for pricing.

Order Procedure

When Express receives your Purchase Order, we will begin preparing a Confirmation. The Confirmation restates the details of your order, such as label size, gauge and numbering, and includes artwork to show you what the product will look like. We cannot complete and send you the Confirmation until we receive all necessary information, including pertinent specifications (such as drawings, art, and numbering if necessary), and a Credit Application (when applicable). If Open Account billing is desired, credit must be established prior to Confirmation of Order. The Confirmation is normally sent to you two or three working days after we receive all the necessary information. Please review it carefully, then sign and return it; faxing the confirmation is acceptable. We cannot begin producing the order until the Confirmation and artwork have been authorized and returned.  Both the Confirmation and artwork must be signed and returned.

Shipment Times

Shipment times are measured in working days from the date Express receives the Order Confirmation, not from the date the purchase order was issued. Shipment times marked on the Quotation with an asterisk (*) are for the first shipment; Express will arrange a shipping schedule with you for the remaining parts upon receipt of order. Quoted shipment times are subject to revision depending upon production workload at the time of receipt of order. The Order Confirmation will state the target shipment date for each order, assuming the Order Confirmation is approved and returned within 1 business day.

Order Changes

Changes to an order may incur added expense, whether or not an order has been confirmed. Order change charges are based on the nature and extent of the changes, and the cost of implementing them.

Expedite Fees

You may request shipment sooner than we have quoted. Depending on the nature of the requirement, the configuration of the order, and our current production workload, we will offer you one or more shipment options. Charges are based on many factors, including overtime labor rates and the amount of workflow disruption.

Cancellation of Orders

When a buyer cancels an order, Express will be compensated for expenses incurred in preparing the order, whether or not the order has been confirmed. Charges are based on the cost of materials and labor that have been used to prepare the order.

Camera-Ready Art

Camera-Ready Art is defined as art, whether physical or digital, which requires no modification. Usually some degree of modification and enhancement is desirable and is applied to the art we receive. There is no charge for this routine enhancement. However, when such modifications require a significant effort, art preparation charges will be billed at the rate of $65.00 per hour.

Data Entry Charges

Unless specifically stated on the Quotation, prices do not include charges for manually entering data. Whenever possible, Customer should provide data in an electronic format. When data is not provided, Express charges $45.00 per hour. Express will send Customer a copy of the manually-entered data along with the Confirmation for proofreading.

Tooling Charges

Customer may be charged for any tooling required to produce an order. This charge will appear on the Price Quotation. Tooling charges are non-recurring, and are only required if Express does not already have appropriate tooling.

Ownership of Tooling

Tools purchased for manufacture of Customer’s products shall remain the property of Customer. Tools will be stored and maintained by Express or will be delivered to Customer upon request.

Order Extras

Resellers will be provided one or more extra samples when layout and production methods allow, at no additional cost. If extra samples are required, they must be requested with the order and additional charges may apply.

Production Samples

Express can provide Production Samples for an extra charge. Please contact Express for the exact charges.

Shipping

Express will ship your order using our choice of carrier, unless you specify otherwise. For resellers, Express can drop-ship packages for no additional fee. Unless otherwise stated on the Quotation, shipment terms are F.O.B. Express factory (San Diego, California, U.S.A.)

Terms of Payment

Express may provide Open Account, Net 30 terms for approved domestic customers.  Past due balances will be charged a service charge of 1.5% per month (18% annual rate). Other acceptable forms of payment are prepayment, wire transfer, ACH, VISA, MasterCard, American Express, Discover, and PayPal.  Wire Transfers may incur an additional charge.

Owernship of Art and Film

Art produced by Express shall be the Customer’s property. After use by Express, film shall become the Customer’s property. Undelivered film will be stored by Express for future use by Customer as needed. Express will store art and film for a period of 7 years, after which the film will be destroyed. Customer may request delivery of art or film.

Taxes

Sales, property, or other taxes are not included in prices quoted. Buyer agrees to pay all taxes imposed, unless proof of exemption is provided to Express with order.

Copyrights

Express reserves the right to refuse production of materials, including production that Express believes may violate intellectual property rights, copyright laws, regulations, or generally accepted business practices. Notwithstanding Express’ failure to exercise such a right, Buyer shall indemnify and hold Express harmless for any loss, damages, or expenses (including attorney’s fees) arising out of any claim that any work violates any common law, copyright, or otherwise violates the rights of any person or entity.

Warranties

IMPORTANT NOTICE TO BUYER: All statements, technical information, and recommendations provided by Express are based on information Express believes to be reliable, but the accuracy or completeness thereof is not guaranteed, and THE FOLLOWING IS MADE IN LIEU OF ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE: Express’ only obligation shall be to replace such quantity of the product proved to be defective. Before using, Buyer shall determine the suitability of the product for its intended use, and Buyer assumes all risk and liability whatsoever in connection with such use. EXPRESS SHALL NOT BE LIABLE IN TORT OR CONTRACT FOR ANY LOSS OR DAMAGE, DIRECT, INCIDENTAL, OR CONSEQUENTIAL (INCLUDING LOSS OF PROFITS OR REVENUE), ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE PRODUCT. MERGER OR INTEGRATION CLAUSE – Statements or recommendations not contained herein shall not have any force or effect unless an agreement has been signed by Express’ officers.

Applicable Law

All contracts of sale are governed and construed in all respects by the applicable provisions of the Uniform Commercial Code of the State of California. If Express engages an attorney to enforce its rights under these contracts, it shall be entitled to reimbursement of attorney fees and costs incurred in connection therewith.