General Information

ACCEPTANCE OF ORDERS

All orders must be received by fax or e-mail. All orders are accepted subject to our standard delivery terms. Any deviation from the stated production lead-time will need to be pre-authorized and rush charge may be applied.

New orders will need deposit and/or full payment before order is shipped.

Any changes made to purchase orders must be done by fax or e-mail, and submitted no later than 48 hours prior to the ship date. If the change affects work or services already performed on the order, additional costs for the work done up to that point will be incurred.

Quotations issued by Sunny USA Co. are for price and delivery only and do not guarantee automatic acceptance of order.

Order cancellations will incur a charge of $30.00 (V), plus all production charges for work performed up to that date.

All Set-Up Charges, PMS Color Match Charges, and Re-Order Charges are "per color", and/or, "per position".

Re-orders are considered to be valid if the artwork is an exact repeat and new order placed within 2 years of original purchase order. Any repeat order with changes is considered a new order.

All prices shown in the catalog and in this web site are F.O.B. factory, Southern CA. Freight and insurance will be added to the invoice.

Sunny USA Co. will only guarantee shipping date as requested by Purchase Orders which are accepted subject to our standard production time. We will not be held responsible for any consequences that result from freight carriers’ delays or failures.

DROP SHIPMENTS: A charge of $10.00 (V) for domestic destinations, $15.00 (V) for international destinations, for each location after the first two, will apply, in addition to the freight/insurance charges.

THIRD PARTY OR CONSIGNEE BILLINGS: We all add $4.00 (Z) per package handling charge. We are not responsible for insurance on these packages.

OVERUNS AND UNDERRUNS: We reserve the right to ship up to 3% over or under the quantity ordered and to invoice accordingly.

PAYMENT TERMS: Our standard open account terms are NET 30 days, from the date that the order was shipped, upon approval of credit.

PRE-PAYMENTS: We accept VISA or MasterCard for pre-payment order with distributor’s approval. Credit care payment method can only be used for prepayment for deposit, not for invoices that with open account.

All past due invoices are subject to a late payment charge of 2% per month as liquidated damages.

Merchandise found to be incorrect or defective due to Sunny USA Coompany's error will be replaced at no additional cost, only if returned within 30 days of receipt of goods. Any replacement will be shipped only by UPS ground, with freight prepaid by Sunny USA Co.

No returns will be accepted without a prior return authorization from the factory, and a written "authorization form" which will be sent to distributors and must be enclosed in the master carton. No credit will be issued for merchandise that is not authorized to be returned to Sunny USA Co.

Random blank samples will be charged at next column pricing. Random blank samples are not returnable. You may only return the sample if the order is confirmed, and we will use the returned sample as part of your confirmed order.

Spec samples are invoiced for the cost of the individual item, the cost of the set-up charges will also be added to the invoice.

Pre-production samples are charged at $50.00 (V), plus product cost and freight. If changes are made to the original artwork after receipt of the pre-production sample, the additional set-up charges will also be added to the invoice.

Set up charges: $65.00(V) per location, per color. Re-set up: $55.00 (V) per location, per color.

Personalization for writing instruments: $1.20(V)/pc. Personalization for all other products: $9.00(V)/pc up to three (3) lines of texts. Please add $9.00(V) for each additional three (3) lines.

LESS THAN MINIMUM

Select items within the catalog are available at less than minimum qualities. Please call customer support for confirmation for which products are available. Less than minimum charge: $25.00(V).

RUSH CHARGES: Please call factory for details.

A $5.00(V) proof fee will be charged for the first two (2) paper proofs. $4.00(V) will be charged for each additional paper proof after the first two.

All products carry a one year from purchase limited repair or replacement warranty against defects in material and workmanship when they are used as intended. Certain products in the line are made of natural materials or are hand made, and will vary slightly from item to item. All prices are subject to change without notice.

Sunny USA Co. warrants that all the products delivered by it will be of the kind designed or specified by Buyer. No other warranty by Sunny USA Co. is given or shall be implied. The liability of Sunny USA Co. arising out of the sale of such goods to Buyer, whether for warranty, contract, negligence or otherwise, is limited to the repair or correction at Sunny USA Co.’s expense of any defect or non-conformity or, at the option of Sunny USA Co., to the replacement at its expense of any good which is defective or non-conforming with a similar item free from such defect or non-conformity, or to the repayment or crediting to Buyer with an amount to the equal to the purchase price of the defective or non-conforming good. The foregoing shall constitute the sole and exclusive remedy of the Buyer and the sole and exclusive liability of Sunny USA Co.. Under no circumstances shall Sunny USA Co. be liable for any incidental or consequential damages, loss or expenses directly or indirectly arising from the sale, handling or use of any goods purchased hereunder or from any other cause relating thereto. The maximum liability of Sunny USA Co. shall not in any case exceed the sale price for the good involved. THE WARRANTIES STATED IN THIS PARAGRAPH ARE IN LIEU OF ALL OTHER WARRANTIES, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING EXPRESSES THE SOLE WARRANTY OF SUnny USA Co. AND EXCLLUSIVE LIMITATION OF ITS LIABILITY, NOTWITHSTANDING ANY TERMS OR CONDITIONS EXPRESSED IN THE BUYER?S PURCHASE ORDER OR OTHER DOCUMENTS OF SALE ISSUED BY THE BUYER, AND WHETHER OR NOT OCCASIONED BY Sunny USA Compnay's NEGLIGENCE THIS WARRANTY SHALL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY Sunny USA Co.. No representation or other affirmation of fact nor set for the herein, including but not limited to statements regarding capacity, suitability for use, or performance of any good involved, made by any sales representatives or other agent or representative of Sunny USA Co. shall be deemed to be a warranty, expressed or implied, by Sunny USA Co. for any purpose, nor be deemed to give rise to any obligation or liability whatsoever by Sunny USA Co.. (In the event the provision in this paragraph relieving Sunny USA Co. from liability for its negligence should for any reason be help ineffective, the remainder of this paragraph shall remain in full for and effect).

Any agreed delivery date shall be the best possible estimate of when the goods will be shipped, based upon its current inventory and anticipated manufacturing capabilities. The agreed date or time of shipment or delivery of goods by Sunny USA Co. shall not be of the essence of this Agreement, or of any agreement of sale subject hereto, unless otherwise expressly agreed to in writing by Sunny USA Co., and Sunny USA Co. assumes no liability in the event it is unable to make shipment on the agreed date or time. Shipments made within sixty (60) days following the agreed date of shipment or delivery shall be considered timely, absent an express, written and signed agreement by Sunny USA Co. to the contrary.

Sunny USA Co. shall not be liable for any delay in delivery or for non-delivery caused in whole or in part by the occurrence of any contingency beyond the control of Sunny USA Co. or its suppliers, including but not limited to acts of God, floods, fires, war, sabotage, acts of civil disobedience, failure or delay in transportation, import quota restrictions, governmental laws, ordinances, rules and regulations, whether valid or invalid (including, but not limited to, priorities, requisitions, allocations and price adjustment restrictions), delay in clearing customs, labor disputes, shortage of labor, fuel, or raw materials, or machinery or technical failure. If any such contingency occurs, Sunny USA Co. may allocate production and deliveries among its various customers, including Buyer.

If Sunny USA Co., in its sole discretion, determines that any sale of goods subject to this Agreement would results in a loss of Sunny USA Co. as computed under its normal accounting procedures because of causes beyond the control of Sunny USA Co., then Sunny USA Co. may terminate this Agreement in whole or in part without the liability for any delay in the delivery of or failure to deliver the goods. Sunny USA Co. further reserves the right to fabricate the entire quantity of goods ordered in one production run, alright shipments are to be made in accordance with the schedule and dates specified by the Buyer.

All diagrams, specifications and other information received by Sunny USA Co. from Buyer shall be deemed non-confidential and non-proprietary, and not to involve any trade secrets, unless such information is clearly identified as confidential, proprietary and/or trade secret information by Buyer and an officer of authorized managing agent of Sunny USA Co. has specifically signed a confidentiality agreement relating to such information. Sunny USA Co.’s sales persons and other representatives of Sunny USA Co. are not authorized to accept any information form Buyer in confidence.

RISK OF LOSS

Delivery shall occur and risk of loss shall pass to Buyer upon delivery of the goods to the carrier at Sunny USA Co. plant, irrespective of whether delivery is to be made at a point other than the Sunny USA Co. plant. Transportation shall be at Buyer’s sole risk and expense whether the carrier has been selected by Buyer or by Sunny USA Co., and any claim by Buyer for loss or damage in transit shall be against the carrier only. In the event Buyer fails to take delivery of any goods after notice from Sunny USA Co. that such goods are available, Sunny USA Co. may at its option, without notice to Buyer, impose a storage charge of $60.00 (Z) per diem.

In the event that any goods are manufactured in accordance with specifications received by Sunny USA Co. from Buyer, Buyer agrees to indemnify, defend and hold Sunny USA Co. harmless from and against any claims, losses, damages or judgments for patent, trademark or copyright infringement which related in any way to Buyer’s specifications.

This agreement shall be governed by and construed in accordance with the laws of the State of California, including the California Uniform Commercial Code. Any cause of action arising from this Agreement, or breach of it, must be commenced within one year after the causes of action occurs. In the event that legal action should be brought to collect any sum owed by Buyer to Sunny USA Co. with respect to a sale of goods subject hereto, the prevailing party shall be entitled to recover its attorneys? Fees and costs incurred in connection with such actions.

Any artwork or material submitted by the Buyer will be accepted by the factory as being in complete compliance with all laws regarding trademark, service mark, copyright, right of privacy, patent or similar protection. The Buyer, by submitting such information, represents that the information used by the factory will not violate any laws, and Sunny USA Co. disclaims any liability for compliance with such laws in using the Buyer’s artwork or material. The Buyer agrees to hold the factory harmless from any damages, costs, and/or expenses should they arise as a consequence of the factory’s use of said artwork, copy and other materials. All art works, designs, and trademarks imprinted on the products displayed in this catalog are produced only as examples of the type and quality of the decorated products available from our line of products. They are not intended to represent that the products are either endorsed by, or produced for the owners of the artwork, designed or trademark.