General Information - Terms & Conditions

PRESENTATION ASSISTANCE
Representatives from Black Forest are available to travel to your location and provide technical support for your sales presentation. Charges for this service are cost of travel, lodging, meals etc. Discuss this option with your sales representative.

QUOTES
Black Forest will honor a written price quote for 30 days unless otherwise specified in writing by Black Forest. All precious metal orders will be adjusted to current gold market price on the “work day” after the purchase order is received using a “Gold Variation Factor”. No verbal quotes will be considered binding unless validated by written confirmation. Quotes are subject to change if audit reveals obvious errors of calculation or misprint. Such errors must be resolved prior to acknowledgment. Quotes are considered canceled if components or supporting services needed to produce the order are discontinued or become unavailable during the term of the quote.

ORDER ACKNOWLEDGMENT
Your signed purchase order will be acknowledged by mail, fax, or by electronic data transfer. It is important that you review the acknowledgment carefully and notify Black Forest immediately of any discrepancy. Black Forest will not be responsible for specification errors after production begins and you may incur unnecessary charges as a result of unresolved discrepancies. Unsigned or verbal purchase orders will not be accepted and Black Forest reserves the right to refuse any order prior to acknowledgment. Any changes presented to Black Forest after acknowledgement will void all terms of the previous acknowledgement until a revised, written, acknowledgement is completed.

SET-UP SERVICE CHARGES
Standard set-up costs will be billed when they are completed and all charges will become due net 30 days with approved credit. Prior arrangements must be made to have any portion of the costs billed with the production order. All set-up technology and fixtures remain the exclusive property of Black Forest. All production technology is the exclusive property of Black Forest. “Paid in full” dedicated set-up technology and fixtures will not be used for any “for sale” production without the express written permission of the established owner of the set-up fixtures. Black Forest reserves the right to use any set-up fixtures to produce sample items for use by Black Forest to demonstrate or display product at any time. If you wish to purchase set-up fixtures or technology from Black Forest, ask your salesperson for details and costs. Payment in full may be required prior to the production of those fixtures. Absolutely no discounted set-up fixtures will be released without full payment of any discounts including advertised specials which were extended to produce the set-up.

REVISIONS
A request for change of specifications must be submitted in writing to Black Forest at our factory. A revised quote and acknowledgement will be issued to reflect charges incurred to-date and any revisions of charges necessary to accommodate modification of set-up or changes in production costs.

PRODUCTION SCHEDULE
Due to custom designs used to produce unique recognition products, there can be a wide variance in the time required for the elements of design, set-up and production. Standard production time for set-up fixtures is 3-4 weeks after final art approval including revisions. Standard production time for most orders is 3-4 weeks after final set-up is approved. Since quantities directly effect production time requirements a specific production schedule will be furnished with your quote and confirmed in your order acknowledgement. Every effort will be made to complete your order on or before the date provided, however, Black Forest, will not be liable for delay caused by any circumstances such as material shortages, set-up breakage, “acts of God”, war or terrorism, or any other condition which is beyond the control of Black Forest. Short schedule services are available. Please discuss details and charges with your salesperson.

CANCELLATION
In the event of a cancellation, all charges incurred, plus re-stock charges or a minimum charge of $100.00 whichever is greater will become due and payable.

SHIPPING
All shipments are billed FOB, our factory. Ship dates and methods are acknowledged with the best information available; however Black Forest will not be liable for unavoidable delays or other failure by shipping carrier. “Drop Ship” service is available at $10.00 per package. International drop-ship is $28.00 per package. Applicable duties and tariffs will be charged.

TERMS
There shall remain in effect a fully enforceable “lien” against all product shipped until paid in full. Payment terms are net 30 days upon credit approval. Orders without credit approval will require a payment prior to shipment and may require a deposit prior to production. A charge of $35.00 will apply for any NSF checks received. A monthly service fee of $30.00 on past due accounts and interest of 1.75% monthly on balances over 30 days will be charged. All costs of collection and legal fees required to collect unpaid past due accounts or repossess liened product will be due upon invoicing. Set up costs will be billed upon completion and these charges will become due in accordance with standard payment terms extended to you. All open or limited credit terms will be reevaluated and may be revoked immediately when your account becomes “past due”. Production may be halted and shipment delayed pending satisfaction of the past due amounts. All open credit must be reapproved after cancellation.

RETURNS
Returns will not be accepted by the factory without a “Return Goods Authorization” issued by Black Forest. Acceptance of returned goods does not constitute a credit or refund. All authorizations for returns other than those which are specifically for consideration of applicable workmanship or material defects as determined by Black Forest must be requested within 10 days of shipment. You may incur unnecessary charges if you ship product to Black Forest without prior authorization.

ART CHARGES
Prices are each: Ring, Emblem, Medallion, Buckle, Watch.
Black & White sketch  - 30.00
Colored Presentation Art  - 90.00
Art Board or other art medium  -Quoted Upon Request

Note: Black & White camera-ready art is required for any detail such as logos which must be closely reproduced. Combination price discounts may be available. Ask your sales representative.

QUANTITY ORDERS
Since quantity orders present the opportunity to utilize more efficient manufacturing methods, each quote is based on the specifications and requirements of the order. Call for details.

TRADEMARKS
It shall be the sole responsibility of the client to obtain authorization to reproduce or use for any purpose the legally restricted or otherwise exclusive trademark, logo, design, or copyright from the rightful owner of, or authorized agent for, the owner of the same. Black Forest assumes no liability for the use, including reproduction, or infringement of any registered trademark or copyright. All costs to resolve disputes including litigation shall be the sole responsibility of the client and will be promptly paid by the client to Black Forest.

LIMITED WARRANTY
Black Forest will at it’s option replace, repair, or refund an amount not to exceed the original purchase price of products, not including the cost of precious stones, constructed of at least 10k precious metal quality in the event of a workmanship or material defect for a period of one year from date of shipment. All other metal products are warranted to be free from manufacturing defect at the time of shipment from the factory and are not warranted for tarnish or discoloration. Workmanship or material failure of synthetic stones will be covered by replacement at no cost or refund or an amount not to exceed the original purchase price for a period of 1 year from the date of shipment. Abuse, neglect, discoloration or oxidation of base metal, gold products of less than 10k value, or Sterling silver products will not be covered. Precious stones are warranted to be free from defect at the time of shipment from the factory. There is no warranty for loss of precious stones. Black Forest shall not be liable for any other damage whatsoever, including lost profits or any other incidental or consequential damages, by reason of defect, delay, or other breach or claimed breach of these terms, and disclaims any liability for such damage to the full extent. Such disclaimers are protected by Minnesota’s enactment of the Uniform Commercial Code, Minnesota Statutes Section 336.2-719. Any product requiring warranty consideration must be returned in accordance with “Returns” policy to our factory for evaluation. You may incur unnecessary charges if you ship product to Black Forest without prior authorization. Items returned without authorization will be disposed 30 days after receipt. A quote for repairs not covered will be furnished before any repair is started. “This warranty gives you specific legal rights and you may also have other rights which vary from state to state.”

NOTE:
The prices, conditions and terms shown in this “Price List” may be revised or revoked at any time by Black Forest without notice, and are subject to audit for accuracy at any time by the General Accountant. All previous price guides are superceded by this (January 2004) publication and are considered invalid.