The Fine Print
- Terms of SaleTerms of Sale
1. GENERAL TERMS.
1.1 Binding Contract. These General Terms and Conditions of Sale (the “Conditions”) apply to and shall be incorporated into each contract of sale (the “Contract”) entered into by Charm City Laser (the “Company”) and a Buyer (the “Buyer”) of the Company’s goods, including but not limited to premade and custom-manufactured laser-cut, laser-engraved, or laser-machined products. No Contract shall be deemed to have been entered into by the Company unless and until accepted and signed by a duly authorized officer of the Company. No revision to any Contract shall be valid unless in writing and signed by a duly authorized officer of the Company. These Conditions are subject to revision by the Company without notice. Acceptance of goods shall be conclusive evidence of acceptance of these Conditions.
1.2 Buyer’s Conditions Excluded. Except as otherwise specifically set forth in the Contract with the Buyer, these Conditions shall govern the rights and obligations of the parties to the exclusion of any other terms and conditions, including, without intended limitation, any terms or conditions contained in any purchase order or confirmation submitted to the Company by the Buyer, unless such terms or conditions shall be accepted on behalf of the Company in writing by a duly authorized officer of the Company.
1.3 Plans, Drawing and Illustrations. Contract pages, catalog and website illustrations, and preliminary drawings are submitted only to show the general style, arrangement and approximate dimensions of the goods. The Company reserves the right to make such changes of design, construction or arrangement as it deems necessary to achieve the specifications contained the Contract.
1.4 Proprietary and Confidential Information. The design, drawings, specifications, other information, and material (whether orally disclosed, printed, handwritten, typed, numerically or computer generated, computer stored, or otherwise) furnished to the Company by the Buyer shall remain the proprietary and confidential property of the Buyer, and shall be used by the Company only with respect to the goods covered by the Contract. Such proprietary and confidential information shall not be shown or otherwise made available to any third party at any time without the Buyer's prior consent.
3. ORDERS; CHANGE REQUESTS; RIGHT TO WITHHOLD DELIVERY OR CANCEL ORDERS; DELIVERY DATE NOT OF THE ESSENCE, RETURNS AND REFUNDS.
3.1 All orders shall be made on the Company’s standard order form, website form, or other purchase order form. No order shall be deemed to be accepted unless and until accepted in writing by a duly authorized officer of the Company, although in the case of established customers, telephone orders may be accepted by arrangement; provided, however, that such telephone order shall be subject to these Conditions. The quantity, quality, and description of and any specification for the goods shall be set out in the Company’s quotation or the Buyer’s order (if accepted by the Company). The Company reserves the right to make any changes in any specification for goods submitted by the Buyer that are required to conform with any applicable safety or other statutory requirements. There is a minimum order requirement of $25.00.
3.2 The Buyer has the right to ask for variation in the scope of supply. To this end the Buyer shall inform the Company in due time in writing about any details of such request (“Change Request”). The Company shall, within 14 working days from the receipt of the Change Request, advise the Buyer of any increase in the purchase price, modified delivery periods, etc. If a longer period of time from 14 days is required to determine the delay or cost increase necessitated by the requested change, then the Company will advise the Buyer within such 14 days and proceed diligently thereafter to determine the additional costs and time required. In case the Buyer accepts the requested change, the Company shall perform the agreed modifications subject to changes being made to the purchase order or Contract to reflect the Company’s response to the Change Request. Notwithstanding the foregoing, the Company shall not be required to accept any change which the Company believes in good faith is technically impractical or unsafe or would violate the intellectual property rights of a third party.
3.3 Cancellation of Order. The Buyer must contact the Company in writing if Buyer wishes to cancel an order for custom product. The Company may in its discretion, refund a portion of the purchase price for cancelled orders for custom products. Any completed order refused by the Buyer will be reshipped at the Buyer’s expense.
The Company shall be entitled to cancel any accepted order or withhold delivery of the goods subject to any accepted order if the Buyer is in breach of any obligation to the Company or if the Buyer’s credit limit (if any) is or would be exceeded. The Company shall be entitled to resell all or any portion of the goods in respect of which delivery is withheld or cancelled pursuant to this Section 3.3. The Company shall be entitled to cancel or postpone delivery of any accepted order in whole or any part if any goods subject to such order are not available or delayed due to a cause reasonably beyond the Company’s control as set forth below.
3.4 Delivery date. Every effort will be made to adhere to stipulated delivery dates. However, the parties hereto agree that time of delivery shall not be of the essence of any Contract.
3.5 Returns and refunds. Because CCL focuses on custom projects, we do not accept returns nor offer refunds for finished products that meet the specifications in the Company's quotation. If the finished product is not to specifications, at our discretion we will replace it free of charge or refund your payment (less artwork and material charges).
4. COMPLIANCE WITH LAWS.
The goods purchased from the Company shall comply with all applicable laws, rules, regulations, codes and standards of all federal, state, local and municipal governmental agencies having applicable regulatory jurisdiction, as such laws, rules, regulations, codes and standards are in effect on the date of the Contract, provided that: (i) the Buyer will include in its specifications or will bring to the attention of the Company in writing any state, local or municipal laws, rules, regulations, codes or standards which are different from those imposed by the federal governmental agencies and authorities; and (ii) if any such federal, state, local or municipal laws, rules, regulations, codes or standards are changed, or if new laws, regulations, codes or standards or interpretations thereof are enacted or adopted subsequent to the date of the Contract, which require a change in the Company’s goods, an equitable adjustment shall be made to the Contract price, delivery schedule, and payment terms.
5. PRICE; PAYMENT; CREDIT TERMS; SECURITY INTEREST.
5.1 Price. The price payable for goods shall be stated in the Company’s current order form unless otherwise stipulated in writing by the Company. The price for the goods or work will include 6% Maryland sales tax, all which shall be the sole responsibility of the Buyer.
5.2 Surcharges. Unless otherwise noted in Company’s Contract, all prices quoted are subject to surcharges. If shipment should be delayed by Buyer beyond sixty (60) days or as specified in the Company’s Contract, the price may be increased to the price in effect at the time the goods are shipped.
5.3 Price adjustments. The Company has the right to increase the cost or price, apply surcharges, vary the delivery period, vary the scope of supply, or cancel the order at any time.
5.4 Credit. Credit terms are offered entirely at the discretion of the Company, and the Company reserves the right to suspend or cancel any existing credit, discount, or supply arrangements at any time.
5.5 Forms of Payment. Unless the Company requires otherwise, or unless provided in the Contract with the Buyer, all invoices are payable via PayPal, in cash, by credit card (Visa, masterCard, American Express, Discover) or by check payable to the order of the Company no later than the due date on the invoice.
5.6 Finance Charges. Invoices not paid in full by the due date may be subject to a finance charge compounded at the rate of 1.5% per month (18% per year) on all unpaid amounts, including any accrued interest on any unpaid amount from the due date until payment is received from the Buyer.
5.7 Costs of Collection. The Buyer shall pay all of the Company’s costs of collection of overdue payments, including, without limitation, the Company’s legal fees.
5.8 Late payments. In case of late payment, the Company may suspend its performance of the Contract until it receives payment. If the Buyer has not paid the amount due within three months, the Company shall be entitled to terminate the Contract by notice in writing to the Buyer and to claim compensation for the losses and damages it has incurred.
5.9 Security Interest. The Company hereby reserves, and by acceptance of the goods, the Buyer hereby grants to the Company, a security interest in all goods supplied to the Buyer hereunder and all cash and non-cash proceeds and goods thereof, including, without limitation, all documents, instruments, accounts, chattel paper, goods, and equipment (as each such term is defined in the Maryland Uniform Commercial Code), as security for (i) the prompt payment of the invoice price for the goods and any and all other unpaid accounts under the Contract of which these Conditions form a part and (ii) the prompt performance by the Buyer of all of its other obligations under the Contract. The Company shall be entitled to file or send financing statements and any and all other documents as may be required to perfect and protect the security interest in the goods and proceeds. In the event that the Buyer shall fail to make any such payment when due and payable or fail to perform any other such obligation when due for performance, the Company shall have all rights of a secured party under Title 9 of the Maryland Uniform Commercial Code – Secured Transactions and any other applicable law.
6. TRANSPORTATION; INSURANCE; RISK OF LOSS.
6.1 Shipping costs. The Contract is a shipment contract and the Buyer shall be responsible for all shipping costs. All goods shall be delivered F.O.B. at the Company’s place of business in Baltimore, Maryland. The Buyer shall bear the risk of loss or damage to the goods after delivery of the goods to the F.O.B. point and the Buyer shall at its expense and in the joint names of the Buyer and the Company insure all goods at the risk of the Buyer pursuant hereto for their full value against all normal risks and shall receive in trust for the Company any monies paid as proceeds of such insurance and upon payment thereof to the Company, the Company shall credit the invoice for such goods.
6.2 Risk of Loss. Notwithstanding that the Company reserves a security interest in goods and work supplied to the Buyer, the Buyer shall bear the risk of loss or of damage to the goods or work in its possession and the Buyer shall remain liable for the full price thereof despite any loss or damage thereto until the invoice price therefor shall be paid in full.
7. COMPANY’S REMEDIES; RIGHTS AT LAW NOT RESTRICTED.
7.1 Buyer's insolvency. In the event of the insolvency of the Buyer, the Company reserves the right to cancel the sale as well as the right to stop delivery of the goods and to resell same. Such a right shall not restrict or otherwise impair the Company’s remedies for damages in the event of the Buyer’s breach.
7.2 Company's remedies. Should the Buyer fail to comply with the terms and conditions set forth herein, or if any writ or execution be levied on any of the Buyer’s property, or a receiver be appointed, or if a petition in bankruptcy be filed by or against the Buyer, the Company may, in its sole discretion, demand payment of the entire purchase price stated herein or may without notice or demand by process of law or otherwise, take possession of all or any of the goods, wherever located, and retain all monies theretofor paid as compensation for the reasonable use of such goods. If the Contract is breached and is placed in the hands of an attorney for collection of any balance due or enforcement of any other of the Company’s remedies, the Buyer agrees to pay all reasonable attorneys’ fees and other expenses involved therein paid or incurred by the Company. The Buyer hereby waives any and all claims, damages and demands against the Company arising out of the repossession, retention and repair as aforesaid.
7.3 Rights not Restricted. The rights and remedies of the Company under these Conditions shall in no way minimize the Company’s rights and remedies at law; all such rights and remedies shall be cumulative (not exclusive); and the Company shall not be bound to exercise any such rights and remedies in any particular sequence.
The exclusive representation and warranty of the Company with respect to the goods is that the goods shall conform to the specifications set forth in the Company’s quotation for the goods or an order therefore accepted by the Company. UNLESS OTHERWISE EXPRESSLY STATED THEREIN, THE COMPANY MAKES NO OTHER WARRANTY, EXPRESSED OR IMPLIED, WITH RESPECT TO THE GOODS, AND THE COMPANY DISCLAIMS FOR ITSELF AND ON BEHALF OF ALL OF ITS SUPPLIERS, ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, STABILITY, OR PERFORMANCE.
9. OTHER REMEDIES; LIMITATIONS OF LIABILITY.
9.1 Failure to Conform. In the event that the Buyer shall determine that any of the goods fail to conform to the specifications set forth in the Contract or an accepted order therefor, or the Buyer asserts any other claim against the Company related to the goods, the Buyer shall give prompt written notice to the Company thereof, and the Company shall, at its sole option either replace such non-conforming goods with goods conforming to the specifications set forth in the Company’s quotation or the accepted order therefore at no cost to the Buyer, or refund or adjust the invoice price paid by the Buyer for any such goods; it being agreed that the foregoing shall be the sole and exclusive remedy of the Buyer for all claims hereunder or related hereto. Notwithstanding anything contained therein which may be inconsistent or to the contrary, in no event shall the liability of the Company for any claim related to the goods exceed the invoice price paid by the Buyer for such goods giving rise to the claim.
9.2 Limited Liability. In no event shall the Company or its suppliers be liable to the Buyer in contract or tort, including negligence and strict liability, for any special, punitive, indirect, incidental, or consequential damages of any kind of character, including replacement of goods, loss of profits or production, loss of revenue or use of revenue, property damage, or expenses or damages incurred in connection with or arising out of the Company’s or its suppliers performance or non-performance hereunder, whether suffered by the Buyer or any third party, or for any loss or damage arising out of the sole or contributory negligence of the Buyer, its employees or agents or any third party.
9.3 Shortages, Overages, Damages. All shortages, overages, and damages must be reported to the Company within 25 hours of receipt of an order.
10. FORCE MAJEURE.
The Company shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of delay in performance, or failure to perform any of the Company’s obligations in relation to the goods, if the delay or failure was due to any cause beyond the Company’s reasonable control including but not limited to an: (a) act of God, explosion, flood, tempest, fire, or accident; (b) war or threat of war, sabotage, insurrection, civil disturbance, or requisition; (c) acts, restrictions, regulations, by-law, prohibitions, or measures of any kind on the part of any local or deferral governmental authority; (d) import or export regulations or embargoes; (e) strikes, lock-outs, or other industrial actions or trade disputes (whether involving employees of the Company or of a third party); (f) difficulties in obtaining raw materials, labor, fuel, or parts of machinery; or (g) failure or breakdown of machinery.
If the goods are to be manufactured or there are any processes to be applied to the goods by the Company in accordance with a specification submitted by the Buyer, the Buyer shall indemnify the Company against all losses, damages, costs, and expenses awarded against or incurred by the Company in connection with or paid or agreed to be paid by the Company in settlement of any claim for infringement of any patent, copyright, design, trademark, or other industrial or intellectual property rights or any other person which result from the Company’s use of the Buyer’s specifications.
12. GOVERNING LAW.
The parties hereto agree that upon acceptance of the Buyer’s order by the Company, their Contract and these Conditions shall be deemed to have been entered into in the State of Maryland and all rights and obligations of the parties shall be governed by and resolved in accordance with the laws of the State of Maryland, without regard to its principles of conflicts of laws. The United Nations Convention on Contracts for the International Sale of Goods expressly does not apply to this sale of goods.
If any provision of the Contract or these Conditions or part thereof shall be held invalid or unenforceable, such provision or part shall be deemed severed and the remained shall be given full force and effect.
Neither the Contract nor any duty or right under it shall be delegated or assigned by the Buyer without the prior written consent of the Company. Any purported delegation or assignment without such consent shall be void and of no effect.
15. WAIVER OF BREACH.
No waiver by the Company of any breach on the part of the Buyer of any obligations herein contained shall constitute a waiver of any subsequent breach or of any breach of other obligations.
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- CopyrightCharm City Laser's Proprietary Rights
Notices and Procedures for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to CCL.
CCL respects the intellectual property of others, and asks its users and visitors to do the same. CCL will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, CCL will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in any way that constitutes copyright infringement, please provide all of the following information:
- a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and email address and all other information reasonably sufficient to permit CCL to contact you;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
By mail: Charm City Laser
3500 Boston Street – Suite 318, MS-71
Baltimore, Maryland 21224
By Email: info@CharmCityLaser.com
(Please include “Notice of Infringement” in the subject line.)
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING CCL THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.