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Terms & Conditions of Sale 

 

✽  Acceptance of Terms

  • By placing an order with BH Emblems LLC (“Company”)—whether by quote approval, purchase order, email, phone, or otherwise—the customer (“Customer”) agrees to be bound by these Terms & Conditions (“Terms”). These Terms constitute the entire agreement between the parties and supersede all prior discussions or agreements unless otherwise agreed to in writing by the Company.

    Orders are not considered accepted until confirmed by the Company in writing or production has commenced. 

✽  Authorized Reseller Policy

  • BH Emblems LLC manufactures custom products primarily for authorized distributors, dealers, retailers, and qualified commercial customers. The Company reserves the right to decline any order at its sole discretion, including orders from individuals or organizations that do not meet its customer qualification requirements. 

✽  Pricing & Payment Terms

  • All prices are quoted in U.S. dollars and are valid for the period stated on the quote. Also, unless noted, prices do not include any shipping costs from BH Emblems to the final destination.

    Deposit Requirement:
    Unless otherwise agreed in writing, a 50–75% deposit is required prior to ordering materials or beginning production.

    Final Payment:
    The remaining balance is due and charged at the time the order ships.

    Credit Terms (Net 30):
    Net 30 terms may be extended only after submission and approval of a completed credit application. Approval of credit terms is at the sole discretion of the Company and may be revised or revoked at any time based on payment history or credit risk.The Company reserves the right to suspend production or shipment for nonpayment and to revert accounts to prepayment terms. 

✽  Sales Tax & Exemption Certificates

Customer is responsible for the payment of all applicable federal, state, and local taxes associated with the purchase of products unless a valid exemption applies.

Customers claiming exemption from sales tax must provide BH Emblems LLC with a valid and properly completed resale certificate, exemption certificate, or other documentation acceptable under applicable law before an order is invoiced or shipped.

If a valid exemption certificate is not on file at the time of invoicing, BH Emblems LLC reserves the right to collect all applicable sales tax.

If Customer subsequently provides acceptable exemption documentation, any adjustment or refund of sales tax will be made only to the extent permitted by applicable law and only if BH Emblems LLC is able to recover or offset the tax previously remitted to the taxing authority.

Customer agrees to indemnify and hold harmless BH Emblems LLC for any taxes, interest, penalties, or assessments resulting from inaccurate, expired, incomplete, or invalid exemption documentation provided by the Customer.

✽  Artwork, Design & Proof Approval

  • Customer is responsible for providing accurate artwork, specifications, and instructions. The Company may make minor adjustments to artwork to ensure manufacturability and quality.

    Proof Approval Responsibility:
    By approving any artwork proof (digital or physical), Customer confirms that all details—including design, size, spelling, colors, layout, placement, backing, and quantities—are correct and approved for production.

    Once a proof is approved, the Company is not responsible for errors or changes requested thereafter, and any revisions or remakes may be subject to additional charges.

✽  Custom Orders, Cancellations & Deposits

All custom products are manufactured to Customer specifications. 

  • Custom orders are non-refundable once production has begun or proofs have been approved. 
  • Orders cancelled prior to production may be subject to cancellation fees covering artwork, tooling, materials, and labor incurred to date. 
  • Deposits are non-refundable once production begins.

✽  Quantity Variance

Due to the custom manufacturing nature of the products, all orders are subject to a quantity variance of plus or minus two percent (±2%). 

  • The final invoiced quantity will reflect the actual quantity produced and shipped. 
  • Overages or shortages within this variance are considered acceptable and do not constitute a defect or error. 
  • If a shortage occurs within the ±2% variance, the balance will not be remade or replaced. 

By placing an order, Customer agrees to accept this quantity variance.

✽  Workmanship Guarantee

  • BH Emblems LLC stands behind the quality of its workmanship and guarantees that products will be manufactured in accordance with the approved proof and order specifications.

    If Customer is not 100% satisfied due to an error caused by BH Emblems LLC, the Company will, at its option, repair, remake, or refund the affected products at no additional cost to the Customer.

    This guarantee applies only to errors resulting from the Company’s workmanship or failure to follow the approved proof or existing sample.

✽  Customer-Caused Errors & Exclusions

The workmanship guarantee does not apply to issues resulting from Customer actions or approvals, including but not limited to: 

  • Spelling, grammar, or wording approved by the Customer
  • Design, layout, size, color, backing, or placement approved by the Customer
  • Changes requested after proof approval
  • Requests to change artwork or specifications after production has begun
  • Errors, limitations, or inaccuracies in artwork, files, or instructions supplied by the Customer

Once artwork and specifications are approved, Customer assumes full responsibility for the accuracy of all details. Products manufactured in accordance with an approved proof shall be deemed accepted, and remakes or refunds will not be issued for customer-approved errors.

✽  Uniform, Insignia & Restricted-Use Products

  • Certain products (including but not limited to law enforcement, military, public safety, security, and agency insignia) may be restricted.

    Customer represents and warrants that it is authorized to purchase, reproduce, and use the designs and items ordered and has obtained all required permissions from the applicable rights holder. The Company may request written authorization and may refuse or cancel any order if legitimacy cannot be reasonably confirmed. Customer remains responsible for costs incurred prior to refusal or cancellation.

✽  Intellectual Property & Indemnification

  • Customer represents that it owns or is authorized to use all artwork, logos, trademarks, badges, seals, and designs provided to the Company.

    Customer agrees to indemnify and hold harmless BH Emblems LLC from any claims, damages, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from infringement, unauthorized use, or Customer’s breach of these Terms.

    Customer retains ownership of its intellectual property. The Company may use submitted artwork solely for the purpose of fulfilling the order unless otherwise agreed.

✽  Inspection & Claims

  • Customer shall inspect all products immediately upon receipt. Any claim for shortages, shipping damage, manufacturing defects, or nonconforming products must be submitted in writing within fourteen (14) days after delivery. Products may not be returned without prior written authorization from BH Emblems LLC. Failure to notify BH Emblems LLC within this period constitutes acceptance of the products as delivered.

✽  Production, Shipping & Risk of Loss

  • Production timelines and ship dates are estimates and not guaranteed. The Company is not responsible for delays caused by carriers, customs, weather, supply chain disruptions, or other factors beyond its control.

    Risk of loss transfers to the Customer when goods are delivered to the shipping carrier.

✽  Limitation of Liability

  • To the fullest extent permitted by law, the Company’s liability for any claim arising from an order shall be limited to the amount paid for the affected products.

    The Company shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including lost profits or business interruption.

✽  Governing Law & Venue

  • These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict-of-law principles.

    Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in San Diego County, California, and the parties consent to jurisdiction and venue therein.

✽  Amendments & Severability

  • The Company may update or modify these Terms at any time. The most current version shall govern all orders unless otherwise agreed in writing.

    If any provision is deemed unenforceable, the remaining provisions shall remain in full force and effect.

✽  Communication & Records

  • Customer agrees to receive communications related to orders, invoices, approvals, and account status electronically. Electronic records and approvals shall be deemed valid and binding.

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