Terms & Conditions

Acknowledgement
All our products and service are intended for use by ages 13 and older.
All first orders and re-orders will be promptly acknowledged in writing by fax or email by PromoCharger Inc. (hereafter called “PromoCharger”). If customers do not receive order confirmation from PromoCharger, they must notify PromoCharger immediately, otherwise their order status will be inactive. It is also the customer’s responsibility to inform PromoCharger in a timely fashion regarding any changes or discrepancies in the order details or specifications.

Order Acceptance
Orders must be complete when submitted to PromoCharger. Definition of complete is:
A hard-copy purchase order must be submitted. Customers can send a PO via e-mail, but PromoCharger cannot accept an e-mail in place of PO. The PO must contain:
- Ship-to address
- Full item description
- Correct pricing
Vector art: jpg, gif, tiff or other non-vector art will not be accepted. Note: In the case of full-color process, an ultra-high resolution jpg can be accepted. The way to tell if art is vector is that it maintains crisp, clean lines when zoomed in or out. Common types of vector graphics include Adobe Illustrator, Macromedia Freehand, and EPS files.
Preload data (usb orders): If preload is requested, the data must be submitted along with the PO and art. The order cannot be processed and held to await data
Any order submitted with incorrect/missing purchase orders, art or preload data will not be accepted or processed and will not be considered a valid order. Pricing will not be held pending receipt of the PO, art or data; the current pricing at the time of processing will be applied.

Order Approval and Confirmation Process
To insure the accurate and on-time delivery of all orders the following process must be followed.
Within 24 hours of the receipt of the customer’s P,O, PromoCharger will send a production proof and order confirmation letter to the customer.
Customer must approve and re-confirm order according to production proof and order confirmation description of the order.
If customer approval and confirmation is not received by PromoCharger the order will be placed on “pending” status. After three days in “pending” status the order is subject to a price increase or even cancellation unless the order has been prepaid. When order is in “pending” status, PromoCharger cannot guarantee original delivery date and order will be subject to delay.
The official order “turn-around-time" begins only after customer order approval and confirmation has been received by PromoCharger.
This procedure also applies to repeat orders. All repeat orders must be re-confirmed and approved by the customer after they receive new production proofs and order confirmation letters.
Strict adherence to this policy is in the best interest of the customer and insures accuracy of production and on-time delivery.

Product Color and Imprint Color 
In order to better serve you and make color selection easier we have provided the Pantone Color Guide on our website. But this is only an approximation of the color and should not be taken as an exact color match. If the color you select for the product or imprint must be exactly matched then an additional surcharge will be applied to your order. We always recommend that you consult your customer care representative on critical issues such as exact color matching.

Shipping, Delivery and Turnaround Time
PromoCharger Turnaround Time means the total time beginning with the confirmation of artwork or approval of a pre-production sample, and ending with the delivery of merchandise to the customer’s dock. Every effort will be made to meet the turnaround time quoted. However, the standard turnaround times as noted in the catalog, or agreed upon at time of order, may have to be adjusted due to unforeseen circumstances associated with “custom” manufacturing and shipping. Please inform PromoCharger if the merchandise must arrive by a certain date so that extra attention can be given to your delivery requirements. Any delay in returning the approval of virtual proofs, artwork, or the photo/physical samples to PromoCharger will affect the delivery schedule of the order and delivery deadlines. The customer is responsible for the additional expense, cost and time resulting from any delays in PromoCharger’s receipt of their complete approval. PromoCharger is not responsible for any delays caused by shipping carriers or customs clearance.


International Orders
PromoCharger's pricing and delivery schedule is structured around North American shipping requirements. If you or your client require a delivery outside of North America, PromoCharger does not offer import services. If placing an order for International delivery, the customer must cover all import and duty costs. The customer's importer information should be provided so that PromoCharger's shipping team can work with them to get orders shipped and cleared to their final destination in a timely manner. In addition, the International Order policy does not allow for exact in-hands dates to be met due to foreign customs delays that occasionally occur.


Storage Fees
PromoCharger reserves the right to apply storage fees for any order unable to ship due to delay by the customer. The storage fees will be calculated based upon the number of days the order is delayed past the original ship date:
• After 1st 30 days: 2% of order total per month ($1 per day minimum)
• After 60 days: 4% of order total per month ($2 per day minimum)
• After 90 days: 6% of order total per month ($3 per day minimum)
• After 120 days: 8% of order total per month ($4 per day minimum)

Blind Shipping, Drop Shipping and Split Shipping
As a premium service, PromoCharger can provide drop shipping, blind shipping and/or split shipping at the lowest cost possible to enhance your competition edge. However, in certain special cases, PromoCharger or the factory information must be displayed on the shipping documents for security, insurance or other customs requirements. Please always consult and confirm with PromoCharger the details when any of these special shipping services are requested or required.
 
Change restrictions
A revised PO must be submitted to PromoCharger for any changes to be accepted.
 
Quantity change
Unit quantity can be increased within 3 business days after the order is booked. NOTE: Due to the fluctuation of chip pricing, the new units will be priced at current price at the time of increase. No combined pricing/bundle pricing allowed.
 
Shipping Address Changes
The ship-to address should be determined before the PO is placed with PromoCharger. Any change after the Order Confirmation is issued may lead to additional cost and will be subject to reconfirmation from PromoCharger. As premium service, we will try to change the ship to address whenever possible. But we will re-evaluate the shipping cost and charge extra when applicable. Also, the change request must be presented to PromoCharger in writing 5 business days before ship date for air shipping and 10 business days before ship date for sea shipping. A $30 surcharge will be applied. Any address changes requests received after the above time frame will be subject to delays in the ship date and PromoCharger reserves the right to reject the change request if not feasible.
 
Other Change Requests
Due to the custom nature of the business, all change-order requests need to be presented to PromoCharger in writing within 3 business days after the order is booked. Material costs associated + a $30 surcharge will be applied to any change requests occurring after 3 days. Any change requests received after the above time frame will also be subject to delays in the ship date and PromoCharger reserves the right to reject the change request if not feasible.


Custom Tools, Dies, Samples, Films and Moulds
All tools, dies, samples, drawings, films and moulds are maintained for the exclusive use of the original customer, but remain solely the property of PromoCharger who may dispose of any die without notice because of damage or otherwise. PromoCharger will make every attempt to maintain dies for customer's orders for a maximum of one year. After one year all dies are disposed of regardless of how many reorders have been placed. The dies wear out and have a limited shelf life. Die charges appearing in this catalog are estimated costs only. Exact die charges will be determined when final artwork or an exact sample is received from the customer.


Over-runs/Under-runs
Unless expressly stated on the purchase order, PromoCharger reserves the right to ship 1.5% over or under the quantity ordered. Invoices and packing lists will reflect the exact quantity shipped and billed. However, every effort is made by PromoCharger to produce and ship the exact quantities ordered.

Payment Terms
PromoCharger requests full payment prior to shipment for your custom decorated or custom made order. We can offer a weekly payment program and other terms for regular repeat customers for an easy payment process. Only one invoice will be issued for each order for easy billing and payment tracking. For your convenience PromoCharger accepts VISA, MASTERCARD and DISCOVER as well as Electronic Transfer for orders under $3000.00. For orders over $3000.00 a 2.5% processing fee will apply when using these payment methods. Also, PromoCharger makes it easy for you to pay by check with various delivery options (regular mail or UPS shipping) and will work with you so that the order is not held up as we wait for the payment to arrive. Existing customers who have been extended NET terms are subject to periodic credit reviews. We accept standard bank checks, money orders and cashier checks without an additional charge. It is the customer’s responsibility to make sure the check arrives no later than the invoice due date. Any delay on payment may lead to the holding of merchandise or additional finance charges. Delayed payments may also be subject to additional finance charges of 1% monthly compounded from the balance due date. 

Pre-Productions Sample
To ensure complete hassle free products, it is PromoCharger’s recommendation for customers to order actual pre-production samples. The pre-production sample fee, including the artwork, die, set-up and shipping will be firmly quoted. Pre-production charges are non-refundable. However, when the order ensues, the pre-production charges will be fully or partially rebated to the customer. Any changes after a pre-production sample has been approved will result in additional pre-production and die charges. The additional pre-production charges for revising the sample are solely the customer’s responsibility.

Price
The prices shown in the PromoCharger catalog and price list are effective from the publishing date shown and subject to change without notice. Official PromoCharger quotes will be honored per the valid date as specifed in the quote documents.
Pricing is available by logging onto the PromoCharger website or by calling your account representative and is subject to changes without notice.

Less Than Minimum
We understand how important small orders are for our customers to win more business. Our less than minimum policy is as follows. The less than minimum order surcharge is $83.50(C). Not every product line is eligible for this policy, please make sure you receive an official order acknowledgement from PromoCharger as confirmation that your order has been accepted.

Warranty
All of our products are designed to be used for general promotional usage purposes. If you are looking for differing quality standards, please contact us for a custom solution prior to your order. Our warranty does not cover quality standards that do not meet stated expectations. 

For different items, we offer different warranties. Each warranty does not cover cosmetic damage or damage due to acts of God, misuse, abuse, accidents, or negligence. Any physical damages after use are not covered under any warranty. Please be aware that any imprint can wear off eventually depending on usage. This list is not all-inclusive and additional stipulations are subject to review by authorized PromoCharger representatives. This warranty is only valid in the United States of America. 

Replacement of Goods
PromoCharger accepts no returns of merchandise. 

Defective goods are subject to inspection by PromoCharger and will be replaced if it is determined that defect is a material or production problem. PromoCharger’s authorization must be obtained prior to the replacement of merchandise for any reason. Prior to a replacement authorization several samples that illustrate the customer’s complaint must be sent to PromoCharger for evaluation. Any claims and replacement requests must be made within 10 days of the receipt of merchandise. Otherwise the merchandise will be considered accepted as-is by the customer.

When contacting PromoCharger, please be sure to have the following information available: 
Item description (USB memory size, Powerbank battery size, etc.)
Applicable error messages or issues
Details on how the item is being used
Return Address and Contact Info.

Most orders are tested within 3 business days. The end-user is responsible for all shipping costs.


Service Level Agreement
It is the goal of PromoCharger to get each order delivered on time, as expected on Purchase Orders. Unfortunately, there are still instances wherein orders cannot be delivered as expected. Our Service Level Agreement (SLV) is created to better serve the customer and give prompt responses to a customer's claim when we have service failure of any type. The SLV also serves as a guideline for the customer to see what the maximum compensation expected can be when abnormalities happen.


Variance 
Variance on the imprint color and the customer accepts the order: 5% credit.
Variance on the product color and the customer accepts the order: 5% credit.
Incorrect direction of the imprint but the customer accepts the order: 10% credit.
Incorrect imprint: Item Vendor replaces if the customer requests higher credit than 20%.


Order errors
Incorrect accessories and the customer accepts the order: credit the accessory charge with an additional 5% credit.
Incorrect capacity or specification and the customer accepts the order: credit the difference with an additional 10% credit. 
Incorrect packaging and the customer accepts the order: credit the difference with an additional 5% credit.


Service or operation failures 
Missed the in-hand date (as per PromoCharger's provided in-hand date) and the customer accepts the order: 10% credit.
Missed the in-hand date (as per PromoCharger's provided in-hand date) and the customer does not accept the order: full refund pending the full order's return. 
Customer complaint on the service failure of Customer Care Representative or Account Manager: 5% credit with a report of the failure to the Senior Management Team.


Incorrect address
If we ship to the incorrect address and get the order re-routed, but missed the in-hand date: 10% credit. 
Note: PromoCharger will re-route shipments using the PromoCharger shipping account. We may offer a credit of 5% if the customer prefers to ship using their own account.


Rush Service
PromoCharger offers rush service at the lowest cost possible as a premium service to our customers to meet time-sensitive delivery dates. Rush service time depends on the specific item being ordered. An additional cost will be quoted based on the items and quantities ordered. Once the artwork or samples are sent to factory, no changes can be accepted on rush orders.

Trademarks & Promotion
PromoCharger assumes no responsibility for determining who holds title to any trademark or copyright. All liabilities of this nature rest with the customer. The artwork, design, and other trademarks on products in our catalog, website, or other media are reproduced for display proposes only, and do not imply/suggest endorsement by the trademark owner, or that the item was originally produced for the trademark owner. The customer agrees to hold PromoCharger harmless for any claims of damages, costs or expenses resulting from using any unauthorized logos or trademarks. We do reserve the right to use all products produced by our company in our advertising and displays unless specified in writing to the contrary at time of receiving the customer’s order.

Custom Product Design
Whereas PromoCharger can assist a customer in developing a new product design, the customer takes full responsibility for any patent infringement that results from PromoCharger copying an existing product design supplied by the customer. The customer agrees to hold PromoCharger harmless for any claims of damage, costs or expenses resulting from any patent or copyright infringement claim.

Safe Product Commitment
PROMOCHARGER is committed to producing and distributing products that are compliant with applicable Product Safety standards established by the Consumer Products Safety Administration (CSPA). Our products utilize many different component and raw materials including copper, brass, iron, zinc alloy, enamels, epoxy, lead, cotton, acetate, nylon, polyester, plastisol inks, PVC (poly vinyl chloride), paper, scents, lead crystal, and batteries.
To achieve the appearance and effect desired by our customers at effective price points, it is necessary to utilize materials that contain small amounts of chemicals and elements that appear on the list of materials that are restricted to levels considered safe by the CSPA. These materials include nickel, phthalates and lead.
Our factory purchases raw materials in large quantities and all raw materials are tested upon receipt to ensure that they comply with ASTM guidelines established by the CSPA. Due to the nature of our highly customized product, the fact that end users for our products are ordinarily adults and the relatively small size of most individual orders it is not economically feasible to comply with the more stringent CPSIA standard at published prices.
CPSIA standards apply to products intended for distribution to consumers under the age of 12 years. PROMOCHARGER is eager to provide products for these applications. In order to comply with the more stringent CPSIA standards, the materials we must utilize are more costly. In addition, utilization of restricted manufacturing techniques to ensure no contamination by contact with ambient nickel, lead and phthalates that may be present on equipment and in the manufacturing environment is required. It is also necessary to re-test the completed product and its component parts to ensure compliance with the CPSIA standard if the product is intended for distribution to an audience under the age of 12 years.
For the protection of both PROMOCHARGER and our Distributors we require that we be notified at the time of quotation to the end user if the product is intended for distribution to consumers covered by the CPSIA. We will be pleased to provide custom quotation for these applications. Divergences from our published prices for these applications will include a modest increase in the unit cost as well as costs for the required Product Safety testing. These additional costs will be invoiced to our Distributors on a per order basis. In this way safe products that achieve the goals anticipated by our Distributors and their end user customers will be achieved, avoiding exposure to Product Safety liabilities.
 
Cancellation Policy
 Since PromoCharger provides a full customization service, all materials and services are dedicated and purchased especially for your specific order at the time of the Order Confirmation. It is therefore the customer's full responsibility for all charges incurred for the order. This includes all costs incurred for materials, art work, dies or setups, production, labor and shipping charges up until the order is officially cancelled.
 
Calculation of cancellation fee
 For 24-Hour Production/Ship or 5-Day Delivery programs, once the order has been acknowledged and artwork sent to the factory, it CANNOT be cancelled due to the rush nature of the job.
For other programs, the cancellation fee will be calculated based on the order implementation stage at the time of cancellation request is received and approved.
Orders canceled BEFORE virtual approval stage: a $30 cancellation fee plus a minimum 5% service will be charged.
Orders canceled AFTER mass production starts: a $30 cancellation fee plus all the costs incurred resulting from PromoCharger's order execution department.
Orders CANNOT be cancelled after the order has already shipped (a shipping tracking number will be provided).
Once you have agreed on all the fees, please fill out the attached cancellation request in writing and return to PromoCharger by either e-mail or Fax. You will receive a cancellation approval number confirming the fact that your order is officially cancelled.
 
Timeline
 Once the Order Cancellation Request form is submitted successfully, the customer will receive a cancellation approval number in 1 to 2 business days along with an Invoice showing all cancellation charges and all incurred costs to date in detail.
Your money will be refunded according to the following schedule:
If the order was paid by a credit card, it generally takes 3 - 5 business days for the refund to show up on your banking statement after you get the approval number. For a check payment, it generally takes 1 - 2 weeks for a refund check to be issued and mailed.
When PromoCharger receives payment in full for all cancellation fees, the cancellation will be officially complete and a refund issued.
*Phone cancellation requests will not be accepted.
*Your order is not cancelled until you receive a cancellation approval number.


Delay Waiver
Seller shall under no circumstances be responsible for failure or delay in filling any order or orders when due to: fires; floods; riots; strikes; embargoes or transportation delays; shortage of labor; inability to secure fuel, material, supplies or power thereof; acts of God or of the public enemy; any existing or future laws or acts of any Federal, State or local Government (including specifically but not exclusively any orders, rules or regulations issued by any official or agency of any such government) affecting the conduct of Seller's business with which Seller in its judgement and discretion deems it advisable to comply as a legal or patriotic duty; or to any cause beyond the Seller's control.