Entire Agreement
In conjunction with any quotation, application for credit,
and any prior agreement or understanding, the terms and conditions set forth below govern the
subject matter of this contract. Any order is enforceable only if it is confirmed in writing by
a Swaggle Tents representative. Changes to an order between a customer and a Swaggle Tents
representative are valid only if they are confirmed in writing by Swaggle Tents management. Any
verbal agreements or modifications to orders between customers and Swaggle Tents employees are
invalid unless they are confirmed in writing by Swaggle Tents
management.
Pricing
All of our prices are charged in U.S.
dollars and do not include any state or federal taxes. All quoted prices are subject to the
availability of all necessary customer designs that must be graphically processed in accordance
with any instructions provided by Swaggle Tents. Although there are material or wage increases
between the time an order is placed and the time it is delivered, Swaggle Tents has the right to
change prices should there be an increase between those times.
Customer's
Obligations
Swaggle Tents must receive all design and computer files required
for processing the order in time for the specified delivery date. The customer warrants that no
copyrights, trademark rights, or other protected property rights of third parties are infringed
by the printed data that is provided. If a customer has infringed on a third party's copyright,
trademark, or other protected property rights, the customer agrees to indemnify and hold
harmless Swaggle Tents from any and all claims arising from their infringement. Swaggle Tents
shall retain all drawings, drafts, provisional templates, films, computer files, or other design
material that has been prepared for processing the order for two (2) years in its possession.
Only third parties may be approved to receive materials related to the order. Films and/or
drawings related to the order will be kept for two (2) years. Any subsequent orders will be
required to pay at the current hourly rate to reactivate the
designs.
Customers’ Designs, Deviations, Excess or Short
Supply
As a result of printing textile limitations, minor color or icon
variations may occur in Swaggle Tents products. Swaggle Tents reserves the right to make slight
changes in color or appearance that may result from technical limitations and varying background
colors. Such changes do not justify canceling an order, refusing the delivery, or refusing
payment. This also applies to samples and series production that differ. Customers' accounts
will be adjusted as soon as shipping occurs. If a precise amount is required, a price premium
will be applied to the order. Due to technical production procedures, all digitally printed
orders are not guaranteed to be exact in width and length. Customers cannot cancel orders for
non-exact widths and lengths or refuse delivery or payment.
Shipment/Supply
Free standard shipping to the contiguous United States
(excludes Alaska, Hawaii, and Puerto Rico) applies to items that qualify for the free shipping
promo.
For international shipping, the customer is responsible for customs, duties, and fees.
We will not be liable for clearance delays.
Swaggle Tents non-binding supply periods and
periods of delivery prescribed are strictly adhered to unless they have explicitly agreed to
provide a binding date. The quoted delivery date usually refers to the date of shipment from
Swaggle Tents or the manufacturing facility. When the supply date is exceeded, the customer
agrees to an extension period of 30 days for completing and executing the transaction and cannot
retract the agreement, cancel the order, or seek compensation for damages once the extension
period has expired. The damage compensation area defined in paragraph 9 applies to all goods.
The customer will pay for the transportation and packaging expenses. Swaggle Tents is not liable
for any delays in the production or delivery or if the production or delivery is disrupted by
reasons outside its control, such as the customer's failure to provide necessary drawings or
materials on time.
Supply of Flagpoles & Large Pictures
Customers must install flagpoles,
construct frames, and have the knowledge to do so in order to utilize Swaggle Tents supplies.
Customers should be prepared to erect flagpoles, as well as have the necessary supplies and
knowledge to do so. Weather factors, especially applied to exterior products, can significantly
impact the quality of a large fabric picture. The product's technology plays a significant role
in its safe and proper use. A Swaggle Tents representative can assist with local conditions and
construction research. For product surfaces under 25 square meters, no warranty exists. For
surfaces above 25 square meters, the customer must always obtain a production and installation
plan before ordering. Swaggle Tents warranty is limited to resistance to tearing, lightfastness,
and washability under laboratory conditions. For surfaces under 25 square meters, the customer
should ask for Swaggle Tents' recommendations before placing an order. Over 25 square meters,
planning work, must be done before sending in an order. The customer must contact Swaggle Tents
for advice regarding product surfaces over 25 square meters before placing an order. Swaggle
Tents will not be held liable for the client failing to consider appropriate conditions and/or
improper use cases.
Warranty
Swaggle Tents provides warranties on both printed products and
display hardware. The company offers warranty coverage on both printed indoor and outdoor goods
for up to 5 days from receiving the product(s), against manufacturing defects.
To enforce the
warranty, you must submit a written complaint within five days of receiving the items. The
instructions for care and assembly must be observed and processed for a warranty, express or
implied, to apply. Wear and tear are not covered by the warranty. Swaggle Tents will either
correct the problem or supply a replacement for the items in question within 14 days of
receiving notification of a legitimate complaint. In this case, Swaggle Tents will pay for the
shipping costs. The customer may only reduce the purchase price or cancel the contract if
subsequent replacements prove unsuccessful.
If the claim is not determined to be a
manufacturing defect, Swaggle Tents will notify the customer. All associated costs, including
shipping, must be paid for if the customer chooses to have us repair or replace the damaged
product. Other claims that are not covered by the warranties include:
Our warranty policy is designed to be as fair and clear as possible to all our customers. We do
reserve the right to make a final judgment on all warranty disputes. This includes the final
determination of the nature and cause of the damage, as well as the final determination of the
resolution of the warranty case.
In the unlikely event that we cannot resolve your warranty
case with our vendor, we will work with you to find a solution.
Reservation of Ownership
Until all outstanding invoices are paid in full,
Swaggle Tents retains ownership of all goods supplied to customers. Customers may re-sell the
conditional goods as long as their financial conditions have not changed and they notify Swaggle
Tents. Swaggle Tents unconditionally grants any and all rights to re-selling the conditional
goods to the customer. In the event of re-sale and assignment, the customer must provide all
requested information and documentation.
Liability
Swaggle Tents liability is limited to foreseeable losses up to the
amount of the purchase price payable in the event of a breach of contract. Swaggle Tents cannot
be held liable for damages caused by acts beyond its control, including, without limitation,
improper handling, installation, weather extremes, vandalism, accidents, or Acts of God.
Customer Information
The customer agrees to the recording and processing of
personal or corporate data in a database to be used only by Swaggle Tents. All data collected
and stored will not be shared with third parties without written consent from the customer or a
court order.
Payment, Service Charges
All projects must be paid in full before Swaggle
Tents start the production process.
Warranties &
Disclaimers
Swaggle Tents makes every effort to provide accurate information on
its website, but Swaggle Tents assumes no responsibility for the accuracy of the information. At
any time, Swaggle Tents may change the services or products mentioned on its website. We do not
endorse or recommend non-Swaggle Tents goods or services, which are mentioned solely for
educational purposes. Under no circumstances is Swaggle Tents liable for damages of any kind,
either express or implied, including, but not limited to, merchantability or fitness for a
particular purpose or infringement. Swaggle Tents makes no guarantees about the following:
This domain may include technical or other mistakes, inaccuracies, or typographical errors.
Swaggle Tents may alter the materials and services available at this site, including the
descriptions and pricing of any items listed, at any time without notice. The materials and
services at this site may be out of date, and Swaggle Tents makes no commitment to update
them.
Swaggle Tents and its suppliers shall not be liable to you or any third party for any
special, incidental, indirect, or consequential damages of any kind, or any damages, whatsoever,
including but not limited to those resulting from loss of use, data, or profits, whether or not
Swaggle Tent shas been advised of the possibility of such damages, and whether or not the
damages were foreseeable. Because some jurisdictions do not allow the exclusion or limitation of
liability for consequential or incidental damages, the above limitations may not apply to
you.
Any materials downloaded or acquired through the website are at your own risk and
responsibility, and you promise to bear the damages to your computer system or data loss
resulting from the download or acquisition of such materials. The terms of use do not make any
guarantees except those explicitly stated herein. In addition, any advice or information
obtained from Swaggle Tents or through or from the website shall not constitute a
warranty.
This website links third-party sites outside of Swaggle Tents control. Please be
aware that Swaggle Tents has no control over any other site to which you may have access through
this website. When you access a non-Swaggle Tents site, you do so at your own risk. Swaggle
Tents is not responsible for the validity or reliability of any information, data, opinions,
advice, or statements. These links are provided as a convenience, but we do not endorse or
accept any responsibility for the content or use of these sites.
This site may reference
Swaggle Tents products, services, and programs in countries outside of the one in which they
have been announced. These references do not imply that Swaggle Tents will ever announce such
products, services, or programs in your country.
Your Personal Information
You have the right to access and update your
information. You may do so by e-mail, or telephone. Please include your name, address, and email
address when inquiring about our services. Please note that Swaggle Tents is not responsible for
the content or privacy policies of non-Swaggle Tents websites to which any Swaggle Tents website
may link.
Copyright Notice
Any unauthorized use of materials or services on this site
may violate copyright and other intellectual property laws. Unless explicitly stated herein,
Swaggle Tents and its suppliers do not grant you any implicit or express right under any
patents, copyrights, trademarks, or trade secrets regarding the materials and services.
Notification of Copyright Infringement
Swaggle Tents may, in appropriate
circumstances, terminate the accounts of users who infringe on others’ intellectual property
rights. Please provide Swaggle Tents copyright agent a Notice containing the following elements
if you believe that your work has been copied or used in a way that constitutes copyright
infringement:
You can reach our Copyright Claims Department:
By Phone: 832.699.0685
By
Email: info@swaggletents.com
Indemnity
You guarantee to protect Swaggle Tents and its affiliates,
subsidiaries, officers, attorneys, contractors, and employees, from any claim or demand,
including court fees, arising from or related to the content you post, submit, or transmit
through this site, your use of this site, your connection to this site, your violation of the
rules, or your infringement of another's rights.
You agree to indemnify, defend and hold
harmless Swaggle Tents, its officers, directors, employees, agents, suppliers, and any
third-party information providers to this site from and against all losses, expenses, damages,
and costs, including attorney's fees, resulting from any violation of these rules (including
negligent or wrongful conduct) by you or anyone accessing this site.
Governing Law & Jurisdiction
All issues pertaining to this site
(excluding linked sites) are governed by the statutes and laws of the state of Texas, United
States, excluding matters regarding your access to, or use of, this site. By accessing this
site, you and Swaggle Tents agree that all matters relating to your access to, or use of, this
site shall be governed by the Texas statutes and laws, regardless of conflicting law principles.
Swaggle Tents makes no statement that materials on this site are appropriate or available for
use in other locations. Accessing them from regions where their contents are illegal is
prohibited. We urge you to obey the laws of your locality if you choose to access this site from
elsewhere.
Cookies
A cookie is a small data file that a site may write to your hard
drive when you visit it. It may contain information about the pages you've visited but only
personal information you've supplied yourself. Your cookie cannot read data off your hard drive
or see cookie files created by other sites. This page uses cookies to track user behavior to
determine the usefulness of our content and to see how effective our navigational structure is
in helping users reach it. We do not share this information or sell it to any third party.
Swaggle Tents does not link user behavior data with information about individual users, nor does
it share it or sell it.
You can set your browser to warn you before accepting cookies and
refuse the cookie if your browser alerts you to its presence. You can also disable all cookies
by turning them off in your browser. All cookie areas on the Swaggle Tents site may be accessed
via the catalog. If you do not want to accept cookies, you will not be able to make purchases
online.
Limitation of Liability
You acknowledge and agree that
Swaggle Tents shall not be liable for any damages of any kind, including but not limited to
damages for loss of profits, goodwill, data, or other intangible losses arising out of or
related to your use of the Swaggle Tents Website, any information or material contained on the
Swaggle Tents Website, or any transactions entered into through the Swaggle Tents Website,
including, but not limited to:
Under no circumstances will Swaggle Tents be held liable for: