Order and Payment Process & Terms and Conditions

Date of Last Review or Revision: Feb 5, 2023

Swagforce and its affiliates (including the business that referred you to the Swagforce.com website) provide their services to you subject to the following conditions. If you visit or shop at marinepromos.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future Swagforce service or visit or purchase from any business affiliated with Swagforce, whether or not included in the Swagforce website, you also will be subject to these guidelines and conditions applicable to such service or business.

PLACING AN ORDER

Once you place an order at marinepromos.com, it will be entered into our system, and your credit card will be charged for the cost of printing the product and any design time or rush charges discussed, if applicable. If you have received a shipping quote, you may also be charged for shipping and handling at this time.

If you are sending a check, please send it to Swagforce, 2512 S. IH 35, Suite 100, Austin, TX 78704, Attn: Accounting Dept. We cannot begin working on your job until we have payment or until other plans have been made, in writing, in advance.

PROOF APPROVAL

After the first payment has been received, your job will go into our Graphic Design Department. If we are creating art for you (fees will be discussed in advance), then you will see a proof in a format that works best for you. If you have supplied us with print-ready art, one of our designers will pre-flight the file(s) to ensure that it is ready to go to print. If there are any problems with your art, your Account Manager will contact you immediately to discuss them. You will receive a proof of your art, at which time we ask that you print, sign, and email it back to us indicating your approval. We will get your first proof to you within 1 business day. If you need it sooner, we do have options for Rush (which is an extra charge).

ART APPROVAL

Once your artwork has been approved, your order will then be sent into production. If you have a deadline for production, please contact your Dedicated Account Manager immediately to discuss your options. If you do not specify a timeline, your order will be processed in standard production time. Again, if you have any questions about standard production, please contact your Account Manager for details. As mentioned above, we do have the option for Rush Production, which is an additional charge, but it is available should you need it.

2-PART BILLING

Once you place an order at Swagforce, it will be entered into our system and your credit card will be charged for the cost of printing the product, set-up fees, and any design time or rush charges discussed at the time of order. You may also be charged for shipping and handling on the first charge.

Shortly after your job ships, we will charge your credit card a second time for (i) additional approved charges that have come up during the process, such as overage of product shipped, extra design time, rush charges, etc., and (ii) any shipping and handling due, which has not been previously paid. In some cases, a refund to your credit card is appropriate and will be handled accordingly. You will receive an email each time your credit card is processed detailing the charges. Shipping and handling charges do not necessarily represent shipping rates charged by our shippers and may include handling charges levied by Swagforce. We review supplier and freight invoices for accuracyand will make appropriate adjustments. Any additional costs for goods and services that appear after a job is completed may be billed separately. Once the charges are complete and your job has been closed and finalized in accounting, a copy of the invoice for your order will be e-mailed to you.

ORDER CHANGES

Often, customers need to make changes to printing method, ordered quantities, shipping destination(s), shipping method or other items, which may affect pricing. Any such changes after an order is submitted could result in prices that are higher or lower than the price on the initial quote provided. Any changes must be approved by the customer.

ORDER CANCELLATIONS

In the event that you need to cancel your order, we will strive to do our best to help.

Orders that are cancelled after proof approval but can still be stopped before production begins will be charged a $25 cancellation fee. All other payment will be refunded.

If your order is already in production, we cannot stop or change it. If production has already begun, you will be charged the original amount quoted for your order. We will, however, make every attempt to cease production in a manner which would save as much expense as possible. We will keep you notified of any charges that will be incurred in these instances.

OVERAGES AND SHORTAGES

We try to produce your order in the exact quantity ordered but this is not always possible due to custom manufacturing and quality control efforts. Per industry standards, we reserve the right to ship and subsequently bill or credit your charge card or account for up to 10% over or under the quantity ordered.

If you are ordering an item that requires an exact quantity, we can accommodate this need. For exact quantity orders, there may be a small charge for this service. WE WILL QUOTE FOR EXACT QUANTITY ORDERS ONLY WHEN SPECIFICALLY REQUESTED BEFORE THE ORDER IS PLACED. If you are placing an order on our website, please indicate your preference for an exact quantity in the ‘Delivery Instructions’ step of the online process.

Once your order is complete, we will bill or credit your charge card or account per the actual quantity shipped. If you have further questions or comments about Exact Quantity Orders, please contact your Dedicated Account Manager.

MINIMUM ORDERS

The minimum quantity that can be ordered varies on our wide range of products. The specific minimum order requirements, if any, will be contained in the detail information for each product on our website. In some cases, Less Than Minimum Orders are possible and may require an additional charge. Please contact your Dedicated Account Manager if your required amount is not shown on our website.

ON-TIME GUARANTEE

Swagforce pledges to deliver on when we promise you will receive your important merchandise. Upon ordering any Swagforce product, you may request an estimated in-hands date. Customer supplied artwork problems, art and/other order modifications, approval delays, acts of God, major shipper/carrier labor strikes, overseas customs or inspection delays or other circumstances over which we have no control notwithstanding, Swagforce guarantees that your order will arrive within five business days of your estimated in-hands date or your shipping is free.

Due to the number of variables affecting delivery time, Swagforce does not offer guaranteed delivery dates for international shipments.

If you would like to apply for a shipping discount due to a delivery delay or to discuss our On-Time Guarantee, please contact your Dedicated Account Manager.

Please bear in mind, under extreme circumstances, we may revise shipping estimates due to the complexity of an order.

Swagforce RESERVES THE RIGHT TO REVISE SHIPPING DELIVERY ESTIMATES FOR ANYONE, AT ANY TIME, FOR ANY REASON.

SHIPPING COSTS

Swagforce and its manufacturers use 3rd party shipping carriers and will charge the customer shipping and handling charges to fulfill and ship the final product per agreed timeframes. The customer is solely responsible for paying for all shipping and handling charges related to orders placed with Swagforce. Swagforce will not offer discounts or refunds of shipping and handling charges, so long as Swagforce received specific instructions or approval for using a particular shipping method and a shipping destination. The customer must have received a shipping estimate in advance of placing an order to have recourse to dispute the final shipping charges.

Due to daily changes in freight surcharges, Swagforce reserves the right to charge up to 10% above and beyond the estimated amount given by the website or a Dedicated Account Manager.

INTERNATIONAL SHIPPING TERMS AND CONDITIONS

Swagforce welcomes International orders but special considerations are required. It is recommended that you speak directly with your Dedicated Account Manager before placing an International Order. International orders cannot be billed to a customer’s shipping account and will be shipped on Swagforce’s freight account. All shipping charges, including customs fees and import duties, will be prepaid at the time of purchase.

Your goods will be subject to the customs fees and import duties of the country to which you have your order shipped. These charges are always the recipient’s responsibility as we have no control over these charges.

International customers and customers shipping products internationally should be aware that cross-border shipments are subject to opening and inspection by customs authorities.

Due to the number of variables affecting delivery time, Swagforce does not offer guaranteed delivery dates for international shipments. Swagforce is not responsible for shipping delays or loss of goods caused by the carrier, customs departments, or any other outside influence.

All merchandise becomes the property of the purchaser at the time of shipment.

When ordering from Swagforce, the recipient is the importer of record and must comply with all laws and regulations of the destination country.

Some products in certain categories cannot be shipped to some countries. It is the purchaser’s responsibility to ensure that the items being ordered can be shipped to the destination country.

If you need to return a product to Swagforce, you will be the exporter from the destination country. Title and risk of loss transfer to us upon receipt at our fulfillment centers.

These terms are subject to change at our discretion and without advance notice.

SHIPPING DELAYS

Customer agrees that Swagforce is not accountable for delays in delivery occasioned by act of God, major shipper/carrier labor strikes, overseas customs or inspection delays or other circumstances over which we have no direct control. Factory shipment or delivery dates are the best estimates of our suppliers and in no case shall Swagforce be liable for any consequential or special damages arising from any delay in delivery.

IF YOU ARE SENDING PAYMENT, PLEASE SEND TO:

Swagforce
2512 S. IH 35, Suite 100
Austin, TX 78704

WE CANNOT BEGIN WORKING ON YOUR ORDER UNTIL WE HAVE PAYMENT OR UNTIL OTHER PLANS HAVE BEEN SPECIFICALLY MADE IN WRITING, IN ADVANCE.

If you have concerns or questions about our 2-part billing policy or would like to discuss other payment options, please speak with your Dedicated Account Manager.

CREDIT POLICY

There are two classes of customers that may qualify for credit terms with Swagforce:

“Class A” Organizations (includes the following organization types):
Fortune 500 companies
Major universities
Government entities

“Class B” Organizations which are those organizations not falling within the definition of “Class A”, but have completed at least 3 prepaid orders with Swagforce.

A credit check on all qualifying Class B organizations will be performed upon your request for credit terms and receipt of your signed credit application. We will notify you with our credit decision within 5-10 business days.

If you have an existing account, there are conditions under which your account may be placed on credit hold:

If your account is over 30 days past due
If a check is returned for Non Sufficient Funds
If the combined amount of multiple orders exceeds your approved credit limit
Swagforce Management decision

SWAGFORCE RESERVES THE RIGHT TO REVOKE OR REFUSE CREDIT AT ANY TIME, DUE TO ANY FINANCIAL RISK OR PERCEIVED FINANCIAL RISK OR IF WE FEEL WE DO NOT HAVE ADEQUATE 3RD PARTY INFORMATION TO MAKE A CREDIT TERMS APPROVAL DECISION.

If you would like to apply for a credit account or have any other questions about SWAGFORCE’s credit policy, please speak with your Dedicated Account Manager.

PAYMENT TERMS AND CONDITIONS

A copy of each invoice is rendered each time a purchase is made. Invoices are due within the time frame offered by Swagforce as a condition for having a line of credit with us. Accounts which are 30 days or more past due will be assessed a $30.00 late fee. Should this account be referred to an outside agency or attorney for collection, customer may be required to pay all legal fees and costs incurred by Swagforce. The place of venue for any and all collection activity shall be in Austin, Travis County, Texas, according to the laws of the State of Texas

CHECK RETURNS

In all cases where we have a check returned for Non Sufficient Funds, we will assess a $50.00 fee.

PAYMENT OPTIONS

Swagforce offers a variety of flexible payment options that are specifically designed to fit the needs of your business.

Swagforce accepts these methods of payment: Visa, MasterCard, Discover, American Express credit cards, and personal or company check.

If you meet our requirements, we may also be able to establish a Swagforce line of credit for you, or accept a Purchase Order. See the Credit Policy section of these Terms and Conditions for more information on paying by Purchase Order or line of credit.

International orders must be prepaid by wire transfer.

RETURN POLICY

Swagforce stands behind the quality of our products and wants you to be completely satisfied with your order. If for any reason you are not, please contact your Dedicated Account Manager.

Before returning any merchandise, please speak with your Dedicated Account Manager to receive a Return Authorization (RA), the appropriate shipping address and other instructions.

Credit will be posted to your account or a refund issued upon receipt and inspection of any authorized returned materials.

If your order is custom printed, a full refund will not be given unless the order is defective and/or misprinted.

ORDERS RETURNED WITHOUT PRIOR APPROVAL WILL NOT BE ACCEPTED.

To ensure your satisfaction with the quality of the items you receive, we encourage you to request a sample prior to placing your orders. In the event that our customer is disappointed with the quality, weight, texture, color tint, functionality or any other characteristic of a final printed product they received, but did not order a sample before placing the order, Swagforce will not be responsible for refunding that order or replacing the order with a different product, at no charge to the customer. By ordering with Swagforce, you are stating that you are aware product variations may occur as a result of manufacturing processes, and that such variations are not flaws. All imprinted goods will be assessed for their tolerance within industry printing standards.

To be granted a full refund for any reason you must contact your Dedicated Account Manager within 30 days of receipt of your order. If a refund is granted, your items must be returned in new condition with original packaging and accessories.

If items are damaged during shipping, or are otherwise found to be broken or mechanically defective, we simply ask that the damaged or broken items be returned to us for inspection before we will issue a refund or credit. In some cases, emailed photos of the packing materials and the damaged goods may be requested by your Dedicated Account Manager.

In cases of damage, Swagforce is responsible for replacing the damaged items only, not the entire order.

LIABILITY LIMITATIONS

YOU CANNOT RECOVER ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOST SAVINGS, OR ANY OTHER INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY SERVICES PROVIDED OR MADE AVAILABLE TO YOU BY SWAGFORCE OR ON ANY OF THE SWAGFORCE WEBSITES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

SALES TAX

Swagforce is required by law to collect all applicable sales tax for any state, counties and cities in which we have associates or affiliates. Swagforce reserves the right to change our sales tax policy at any time, in accordance with sales tax laws.

Companies, individuals and organizations who are exempt from sales tax should provide us with a resale certificate via email to your Dedicated Account Manager.

ARBITRATION, CONSENT TO EXCLUSIVE VENUE AND JURISDICTION IN TRAVIS COUNTY, TEXAS, ATTORNEY’S FEES

Any and all disputes, claims or controversies arising out of or relating to this Agreement, the breach thereof, or any use of the Website (including all commercial transactions conducted through the Website) (“Claims”), except for claims filed in a small claims court that proceed on an individual (non-class, non-representative) basis, shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association (“AAA”) in accordance with its then governing rules and procedures, including where applicable the AAA Consumer Arbitration Rules. In agreeing to arbitrate all Claims, you and Swagforce waive all rights to a trial by jury in any action or proceeding involving any Claim. The arbitration shall be held in Travis County, Texas, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq. This arbitration provision shall survive termination of this Agreement. Subject to the limitations set forth below, the arbitrator shall have authority to award legal and equitable relief available in the courts of the State of Texas, provided that:

The arbitrator shall not have authority to award punitive damages; and

Any and all claims shall be arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. You and Swagforce agree that the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis.

For any Claims that are not subject to arbitration: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within Travis County, Texas (the “Forum”), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (b) you and Swagforce waive any and all rights to trial by jury with respect to any Claims.

In the event that either party initiates a proceeding involving any Claim other than an arbitration in accordance with this Section, or initiates a proceeding involving a Claim under this Section other than in the Forum, the other party shall recover all attorneys’ fees and expenses reasonably incurred in enforcing this Agreement to arbitrate and the Forum to which the parties have herein agreed.

PRIVACY POLICY

Swagforce will never sell, rent or distribute any of your information per our Privacy Policy .

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Swagforce. Swagforce or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Swagforce and protected by U.S. and international copyright laws. Any reproduction, transmission, or republication of all or part of any document found on this site is expressly prohibited, unless Swagforce or the copyright owner of the material has expressly granted its prior written consent to so reproduce, retransmit, or republish the material. All other rights reserved.

TRADEMARKS

The names, trademarks, service marks and logos of Swagforce appearing on this site may not be used in any advertising or publicity, or otherwise to indicate Swagforce’s sponsorship of or affiliation with any product or service, without Swagforce’s prior express written permission.

OTHER BUSINESSES

Swagforce assumes no responsibility for any material outside of Swagforce’s web pages that may be accessed through hypertext or other computer “links” and does not exert any editorial or other control over those other sites. You should carefully review their privacy statements and other conditions of use.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Children under the age of 18 are not eligible to use Swagforce’s services and we ask that minors not submit any personal information to us. Swagforce and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.

SECURITY INFORMATION

Unfortunately, no data transmission over the Internet or across mobile carriers and networks, or method of storage - electronic or otherwise - can be guaranteed to be 100% secure. As a result, while we strive to protect your information, we cannot guarantee its absolute security. IN NO EVENT SHALL SWAGFORCE BE LIABLE FOR SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING, OR DISPLAY OF THE CONTENTS OF THE SITE, EVEN IF SWAGFORCE OR AN AUTHORIZED REPRESENTATIVE OF SWAGFORCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

PRODUCT DESCRIPTIONS AND PRICING

Swagforce and its affiliates attempt to be as accurate as possible. However, Swagforce does not warrant that product descriptions, pricing or other content of this site or any other Swagforce owned site is accurate, complete, reliable, current or error-free. Swagforce encourages its customers to order samples of any product to ensure complete satisfaction. There may be a cost for samples. In the event that our customer is disappointed with the quality, weight, texture, color tint, functionality or any other characteristic of a final printed product they received, but did not order a sample before placing the order, Swagforce will not be responsible for refunding that order or replacing the order with a different product, at no charge to the customer. Swagforce reserves the right to change pricing and offer a new estimate for any product, at any time, during the estimating and ordering process.

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