Terms of Service
Terms of Service for IDProductsource LLC
Effective Date: 03/01/2024
Welcome to IDProductsource LLC ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern the sale and purchase of promotional products and related services provided by us. By placing an order or engaging our services, you ("Customer," "you," or "your") agree to be bound by these Terms. Please read them carefully.
1. Products Supplied
IDProductsource LLC manufactures and supplies custom promotional products, including but not limited to lanyards, badge holders, drinkware, bags, writing instruments, and related accessories. All products are manufactured to customer specifications and may include custom imprinting, embroidery, or other decoration methods.
2. Order Placement and Acceptance
2.1 Order Submission
Orders may be placed through our website, email, phone, or through authorized distributor platforms (ASI, SAGE, Distributor Central). All orders must include complete product specifications, quantities, imprint details, artwork files, and shipping information.
2.2 Order Confirmation
An order is not considered accepted until we issue a written order confirmation or invoice. We reserve the right to decline any order at our discretion.
2.3 Artwork Approval
Production will not begin until the customer provides written approval of the virtual proof or artwork layout. Any delays in artwork approval may affect quoted production and delivery timelines.
3. Pricing and Payment Terms
3.1 Pricing
All prices are quoted in U.S. dollars and are subject to change without notice. Pricing is based on the quantity ordered and specifications provided at the time of the quote. Setup charges, run charges, and additional option fees may apply as listed on individual product pages.
3.2 Payment
Payment terms are established at the time of account setup. Unless otherwise agreed upon in writing, payment is due upon receipt of invoice. We accept major credit cards, checks, and wire transfers. Past-due accounts may be subject to a 1.5% monthly finance charge and suspension of further orders.
4. Shipping and Delivery
4.1 Shipping Methods
Products ship FOB from our manufacturing facilities via UPS or FedEx ground service unless otherwise specified. Expedited shipping options are available at additional cost.
4.2 Delivery Estimates
Production times and delivery estimates are provided in good faith but are not guaranteed. Estimates begin from the date of artwork approval and payment confirmation. IDProductsource LLC is not liable for delays caused by carriers, customs, weather, or other circumstances beyond our control.
4.3 Risk of Loss
Title and risk of loss pass to the customer upon delivery to the shipping carrier at the point of origin.
4.4 Inspection
Customer must inspect all shipments upon receipt. Claims for shortages, defects, or shipping damage must be reported within 14 business days of receipt.
4.5 International Shipping
For international orders, the customer is responsible for all duties, taxes, customs fees, and import regulations applicable in the destination country. IDProductsource LLC is not responsible for delays or issues arising from customs clearance.
5. Returns and Refunds
5.1 Custom Products
Because our products are custom manufactured to your specifications, we generally do not accept returns or issue refunds for completed orders. If a product is defective or does not match the approved proof, we will work with you to resolve the issue, which may include reprinting, replacement, or credit at our discretion.
5.2 Overruns and Underruns
Industry standard allows for a variance of up to 5% over or under the ordered quantity. Overruns will be billed at the unit price and shipped with the order. Underruns within the 5% tolerance are considered complete fulfillment.
6. California Proposition 65 Compliance and Labeling
6.1 Prop 65 Labeling
Certain products supplied by IDProductsource LLC may contain chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm. Where applicable, products will be shipped with appropriate California Proposition 65 warning labels affixed to the product packaging.
6.2 Customer Responsibility
It is the customer's responsibility to determine if Proposition 65 labeling is required for their specific use case and end-user distribution. We provide labels as a courtesy based on available product information.
6.3 Prohibition on Label Removal
Customers and distributors are strictly prohibited from removing, obscuring, defacing, or altering any Proposition 65 warning labels affixed to products or packaging by IDProductsource LLC. Removing Prop 65 labels may expose the distributor or end-user to significant legal liability under California law.
6.4 Indemnification
Customer agrees to indemnify, defend, and hold harmless IDProductsource LLC from any claims, damages, penalties, or legal fees arising from the removal or alteration of Proposition 65 warning labels by the customer or any downstream party.
6.5 Compliance Resources
For more information about California Proposition 65, visit the official OEHHA website at www.p65warnings.ca.gov.
7. Disclaimers of Warranties
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, ALL PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." IDPRODUCTSOURCE LLC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT PRODUCTS WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS BEYOND THE APPROVED PROOF SPECIFICATIONS.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IDPRODUCTSOURCE LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE PRODUCTS SUPPLIED, REGARDLESS OF THE THEORY OF LIABILITY. OUR TOTAL LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE CUSTOMER FOR THE SPECIFIC ORDER GIVING RISE TO THE CLAIM.
9. Intellectual Property Rights
Customer represents and warrants that all artwork, logos, trademarks, and designs submitted for imprinting are owned by the customer or that the customer has obtained all necessary rights and permissions for their use. Customer agrees to indemnify IDProductsource LLC against any claims of intellectual property infringement arising from the reproduction of customer-supplied artwork.
All proprietary designs, product configurations, and manufacturing processes developed by IDProductsource LLC remain our exclusive intellectual property.
10. Governing Law and Dispute Resolution
10.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.
10.2 Dispute Resolution
Any disputes arising out of or relating to these Terms shall be resolved through binding arbitration in Port Saint Lucie, Florida, in accordance with the rules of the American Arbitration Association. Each party shall bear its own costs and attorneys' fees unless the arbitrator awards otherwise.
11. Force Majeure
IDProductsource LLC shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, government actions, supply chain disruptions, shipping carrier delays, labor disputes, or equipment failures.
12. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
13. Entire Agreement
These Terms, together with any order confirmation, invoice, or written amendment, constitute the entire agreement between IDProductsource LLC and the customer regarding the subject matter hereof. These Terms supersede all prior or contemporaneous understandings, agreements, or representations, whether written or oral.
14. Amendments
IDProductsource LLC reserves the right to modify these Terms at any time. Updated Terms will be posted on our website with a revised effective date. Continued use of our services after any modifications constitutes acceptance of the updated Terms.
15. Contact Information
If you have any questions or concerns about these Terms of Service, please contact us:
IDProductsource LLC
Email: CustomerService@IDProductsource.com