XpressMats.com Policies

    Terms and Conditions
Privacy Policy
Payment Terms
Price and Product Specifications
Purchase Orders
Post Order Paperwork
Delivery
Title and Risk of Loss
Shipping
Claims
Returns of Stock Products
Returns of Custom Products
Order Cancellations
Sales Tax
Shopping Cart
Customer Service
Intellectual Property
Termination
Disclaimer
Indemnification
Limitation of Liability
Entire Agreement/Ammendments/Assignment
Force Majeure
Notices
Waiver
Compliance with Laws
Severability
Relationship of Parties
Construction of Agreement
Governing Law/Jurisdiction/Venue
Headings
SmartSign Best Price Guarantee
Sign Durability Guarantee
Terms and Conditions The following terms and conditions (the 'Terms and Conditions') shall constitute the agreement (the 'Agreement) between XpressMats.com a SmartSign Store ('SmartSign,' 'Seller' or us) and purchaser (you or 'Purchaser') with respect to the sale of products by Seller to Purchaser. This Agreement incorporates the product type, quantity and shipment date terms set forth in your electronic or written purchase order, when accepted by SmartSign. All other terms set forth in the purchase order, including but not limited to, terms related to express or implied warranties, are superseded and replaced by these Terms and Conditions. In the event of any conflict between the terms contained in the purchase order and these Terms and Conditions, these Terms and Conditions shall control.

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Privacy Policy Summary We value your privacy.

We only gather personally identifiable data, such as names, addresses, etc. when you voluntarily submit them to us. Email addresses are used for routine business communications and to send you information if you have requested it. We only use cookies to improve your online experience by allowing you to order and design online. We do not share email addresses or your telephone number, but may selectively provide customer information, including names, and mailing addresses to reputable third parties (non-profit organizations, catalog mailers providing products/services and direct mail marketing companies) whose products or services we think may interest you.

If you want to change your address, if you do not want the information you provide us to be shared with nonaffiliated third parties for marketing purposes, or if you do not want to receive correspondence from us, you may call us at (800) 952-1457, write us at 32 Court St, Suite 2200, Brooklyn, NY 11201 or visit the My Account area of this website.

For a full explanation of our Privacy Policy and Security, click here.

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Payment Terms
Net invoice amount will be due and payable upon receipt of goods for accounts in good standing. Orders may also be prepaid by Check, Cashier's Check, or Credit Card (Visa, MasterCard, Discover or American Express cards are accepted). We do not accept COD orders. For your added security, we use encrypted payment systems (128 bit SSL) on our website so no clear text copies of your credit card number are transmitted over the internet. Because XpressMats.com is a SmartSign Store, your credit card statement will show the name, SmartSign. We reserve the right to require a deposit of up to fifty percent (50%) of the order value for all orders over one-thousand dollars ($1,000) before beginning production. A late charge of one and one-half percent (1.5%) per month, eighteen percent (18%) per year will be applied to account balances not paid in accordance with our terms. Any account balances still owing six (6) months after delivery of goods will be declared delinquent and we reserve the right to take any and all collection steps, as we in our sole discretion deem necessary or appropriate, to collect the delinquent balance, up to and including any and all appropriate legal or equitable action. The cost of such collection efforts, including but not limited to attorneys' fees, costs and expenses, will be charged to the customers account.

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Price and Product Specifications

  All Prices are shown in U.S. Dollars. All prices are F.O.B. Seller's facilities. Prices, minimums, quantities and specifications are subject to change without notice. Partial orders of products may be shipped from time to time so long as the ordered quantity is shipped by the shipment date. Actual color of the products may vary from those shown, due to limitations of computer transmission and printing process.

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Purchase Orders
We accept purchase orders for orders over two-hundred dollars ($200). Please contact us by phone or email to set up a new account. We will not accept purchase orders unless you already have an account established with us. Orders under two-hundred dollars ($200) require a credit card. Placement of an order does not constitute an offer to sell. Each order shall be reviewed on its merits and is subject to acceptance by Seller.

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Post Order Paperwork One of the reasons our prices are so competitive is that we keep our overhead to a minimum. The Internet allows us to keep our distribution and paperwork costs extremely low. Except for providing a W-9 and/or an invoice, we will not countenance any requests from our customers to comply with their post order paperwork needs. So if your purchasing procedures require your suppliers to complete a questionnaire, certify that they have not bribed a foreign government, register, provide bank account information or references, or even just sign a purchase order, we suggest you take your business elsewhere. By ordering on our Website you agree that you are liable to pay for the goods we sell you even if we do not meet any of your post order paperwork demands.

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Delivery We begin processing all orders the day that you finish your design. Most orders of stock items are shipped in one (1) to three (3) days. Most custom orders are shipped in two (2) to seven (7) working days. For rush orders, please contact our CSR department. Use our tracking feature in the 'Order Status/Tracking' section of the tab My Account to view the status of your order.

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Title and Risk of Loss
Title and risk of loss shall pass to Purchaser at the time of delivery to the carrier for shipment. This provision shall apply even if a price is quoted F.O.B. destination.

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Shipping
Most products can be shipped to all fifty (50) states, as well as APO and FPO addresses, Puerto Rico and to certain international locations. However, the following restrictions apply:

• Free Shipping offers only apply to the contiguous forty-eight (48) states. Our free shipping offer is not applicable for shipments to Hawaii, Alaska, Puerto Rico, the Virgin Islands and to international locations.

• We ship to all Canadian provinces except NT - Northwest Territories, NU - Nunavut and YT - Yukon. Shipping costs to Canada are higher, of course, to account for raised shipping costs from our US warehouse, as well as the result of customs tax and additional entry fees.

• APO/FPO orders are shipped via standard delivery only.

• Heavy or oversized products can be shipped only to the contiguous forty-eight (48) states. They cannot be shipped to APO/FPO addresses or internationally.

• Certain items can only be shipped to the continental forty-eight (48) states via standard delivery, and cannot be shipped to APO/FPO addresses.

• Due to dramatically higher fuel and freight costs, we do not extend our Free Shipping offer to a limited number of very heavy items.

• For certain orders, a signature will be required upon delivery.

If you have a question on shipping availability of a product, please contact Customer Service.
All prices are shown F.O.B. Seller's facilities. Shipping charges will apply to all orders at the current rate and shall be added to the invoice. To save you money, we reserve the right to use the lowest cost carrier on your behalf, unless otherwise specified on your order. For most orders, the following shipping charges apply:

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Claims
Our responsibility for the shipment of merchandise ends when the carrier accepts the products. All claims for damage or shortages must be made directly with the carrier, within seven (7) days after your receipt of the merchandise, after which, the merchandise will be deemed accepted. Claims made after this time period will not be honored. All shipments should be inspected immediately upon receipt of, and prior to any use of, the merchandise. The filing of such a claim in no way alters the terms of payment due.

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Returns of Stock Items
For Domestic (USA) Shipments: We know you will be pleased with our products! For stock products, we even give you twenty-one (21) days to make up your mind. If you are not satisfied, just call us within twenty-one (21) days from your receipt of the merchandise. When you call please ask for a 'Return Authorization'. Return requests made within twenty-one (21) days from your receipt of the merchandise will be accepted but a ten dollar ($10.00) service charge will be added, plus, for orders under $1,000, a restocking fee of twenty-five percent (25%) of the order value. For orders over $1,000 of stock items, the restocking fee is at the Seller’s discretion. Shipping costs for returns are the Purchaser's responsibility. If more than twenty-one (21) days have passed since your receipt of the merchandise, Seller may, in its discretion, accept returns of undamaged merchandise and replace or issue credit for any merchandise so returned. Any authorized return of undamaged merchandise, either returned or refused, more than twenty-one (21) days after your receipt of the merchandise will be subject to a thirty percent (30%) restocking fee and appropriate freight charges. No undamaged merchandise will be accepted after thirty (30) days from delivery date. Credit will not be issued on worn or used products. No return merchandise will be credited without a return authorization issued by Seller.

For International Shipments: We do not accept returns for items shipped outside the US, in that it is prohibitively expensive to ship back and forth from international addresses. Please keep this in mind if you are an international customer.

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Returns of Custom Items
For Domestic (USA) Shipments: Due to their unique nature, we are unable to accept returns of customized products, unless, a defect in manufacturing is present as reasonably determined by us. Please make sure that you approve the online proof and check material specifications.

For International Shipments: We do not accept returns for items shipped outside the US, in that it is prohibitively expensive to ship back and forth from international addresses. Please keep this in mind if you are an international customer.

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Order Cancellations
For stock products, cancellation notices must be received by Seller in writing, at least twenty-four (24) hours prior to the shipment date and may be subject to a re-stocking charge in Seller's discretion. If you cancel a custom order before production has started, we may be able to accommodate your request. However, we in no way guarantee that we will be able to accommodate custom order cancellation requests. Once a custom order reaches the factory floor, we are unable to issue any refund. Given our fast turnarounds, this generally occurs within a day or two of your approval. We reserve the right to deny profane, obscene, abusive, offensive, objectionable, unintelligible language to be printed on custom signs.

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Sales Tax Since we are located in Brooklyn, NY, USA, we have sales tax collection obligations for New York State. This means, any shipments within New York State will be taxable. You may be responsible for sales or use tax within your own jurisdiction.

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Shopping Cart   For performance reasons, we delete unordered items from customers shopping carts after sixty (60) days.

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Customer Service   Any questions pertaining to your order may be directed to Customer Service.

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Intellectual Property

  Purchaser shall not use Seller's intellectual property, whether tangible or intangible, including, but not limited to, Seller's designs, descriptions, illustrations, artwork, photographic layouts, trademarks or trade names ('Intellectual Property'), without Seller's prior written approval. No license or right to use Seller's Intellectual Property is implied or granted herein.

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Termination

  Seller may terminate this Agreement if Purchaser breaches or is in default of any obligation hereunder, which default is incapable of cure; or which, being capable of cure, has not been cured within five (5) days after receipt of notice of such default; or such additional cure period as Seller may authorize. Seller may terminate this Agreement without notice and may regard Purchaser as in default of this Agreement, if Purchaser becomes insolvent, makes a general assignment for the benefit of creditors, files a voluntary petition of bankruptcy, suffers or permits the appointment of a receiver for its business or assets, or becomes subject to any proceeding under any bankruptcy or insolvency law, whether domestic or foreign, or has wound up or liquidated its affairs. Upon termination for nonpayment, Seller shall be entitled to cease filling orders in addition to any other remedies to which it may be entitled.

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Disclaimer Summary

  SELLER HAS NOT MADE AND DOES NOT MAKE, NOR SHALL SELLER BE DEEMED TO HAVE MADE OR GIVEN, AND HEREBY EXPRESSLY DISCLAIMS, ANY WARRANTY, GUARANTY OR REPRESENTATION, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANDISE DESIGN, VALUE, CONDITION, QUALITY, DURABILITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY, OR EXPRESS OR IMPLIED WARRANTIES AS TO QUALITY OR CORRESPONDENCE WITH PRIOR DESCRIPTION OR SAMPLE. IF MERCHANDISE IS PURCHASED BY WAY OF A PURCHASE ORDER OR SIMILAR DOCUMENT, THAT DOCUMENT IS DEEMED TO INCLUDE THIS DISCLAIMER OF EXPRESS AND IMPLIED WARRANTIES, REGARDLESS OF WHETHER THE PURCHASE ORDER OR DOCUMENT IS SILENT OR CONTRARY TO THIS DISCLAIMER.

For our full disclaimer, click here.

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Indemnification

  PURCHASER SHALL INDEMNIFY, DEFEND AND HOLD SELLER HARMLESS FROM AND AGAINST ALL ACTUAL OR ALLEGED LIABILITY, LOSS, DAMAGE, COST AND EXPENSE, INCLUDING ACTUAL ATTORNEY'S FEES AND COURT COSTS, TO THIRD PARTIES RESULTING FROM PURCHASER'S BREACH OF THIS AGREEMENT, OR FROM THE USE OF MERCHANDISE WHILE SUCH MERCHANDISE IS IN PURCHASER'S, OR PURCHASER'S END-USER'S, POSSESSION OR CONTROL. IN ADDITION, PURCHASER AGREES TO DEFEND, INDEMNIFY AND HOLD SELLER HARMLESS FROM ANY AND ALL LIABILITY, LOSS, DAMAGE, COST AND EXPENSE, INCLUDING ACTUAL ATTORNEY'S FEES AND COURT COSTS, WHICH SELLER MAY SUFFER OR INCUR ARISING FROM PURCHASER'S RESALE OF MERCHANDISE, PURCHASER'S OR END-USER'S LABELS, PACKAGING, SPECIFICATIONS, SALE OR USE OF MERCHANDISE, INCLUDING BUT NOT LIMITED TO, ACTUAL OR ALLEGED PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT.

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Limitation of Liability

  Seller's maximum liability for any breach of this Agreement, or any other claim related to the merchandise, shall be limited to the price of the merchandise or portion thereof sold to Purchaser hereunder. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES FOR LOST PROFITS OR BUSINESS OPPORTUNITIES OR DAMAGE TO REPUTATION.

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Entire Agreement/ Ammendments/ Assignment

  Any other previous oral or written communications, representations, agreements or understanding between the Seller and Purchaser are no longer of any force and effect; this Agreement supersedes and replaces all prior agreements between Seller and Purchaser, and constitutes the entire agreement and understanding between the parties, concerning the sale and purchase of merchandise. This Agreement shall not be modified or amended orally, or by any course of dealing or trade usage, but only in writing executed by both parties, and shall not be assigned by Purchaser without the express written consent of Seller. The terms and conditions of this Agreement shall be binding upon each parties successors and assigns, as applicable. Seller may, without the consent of Purchaser, assign its rights hereunder, including its rights to collect and receive payment of amounts due hereunder.

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Force Majeure

  If Seller's ability to deliver merchandise is impaired due to circumstances beyond Seller's reasonable control, including but not limited to fire, flood, government action, accident, labor disputes or shortage, or inability to obtain from its usual sources raw material, materials (including energy), finished goods, equipment, or transportation, Seller shall be excused without liability from making delivery to the extent of such impairment. If Seller's ability to deliver a product is reduced due to any such circumstances, Seller may reduce the contract quantity upon written notice to Purchaser, in which case Purchaser's obligation to purchase merchandise from Seller hereunder shall be reduced and adjusted accordingly.

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Notices

  All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing and shall be deemed to have been properly given or served by (i) depositing in the United States Mail, postpaid and registered or certified return receipt requested, (ii) hand delivery; or (iii) reputable express courier providing written receipt of delivery, and addressed to the addresses of the parties set forth herein or on purchaser's purchase order. All notices, demands and requests shall be effective upon the date of actual receipt of the notice, demand or request by the addressee thereof. Rejection, or other refusal to accept, or the inability to deliver because of changed address of which no notice was given, shall be deemed to be receipt of the notice, demand or request sent. By giving at least thirty (30) days written notice hereof, both parties shall have the right from time to time and at any time during the term of this Agreement to change their respective addresses.

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Waiver

  The failure of either party to insist, in any one instance or more, upon the performance of any of the covenants or conditions of this Agreement, or to exercise any right or privilege herein conferred, shall not be construed as thereafter waiving any such covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect.

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Compliance with Laws

  Seller represents and warrants that products sold to Purchaser pursuant to these Terms and Conditions and Purchaser's purchase order shall comply with applicable federal, New York and Borough of Brooklyn, New York laws and rules and regulations. Purchaser represents and warrants its performance hereunder and subsequent actions with respect to the products will comply with all applicable laws.

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Severability

  If for any reason any provision contained in this Agreement is held to be invalid, illegal, unenforceable, or otherwise void by a court of competent jurisdiction, the remaining provisions of this Agreement shall not be affected and shall continue in full force and effect.

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Relationship of Parties

  Nothing contained herein shall be construed to create an association, joint venture, trust, or partnership, or impose a trust or partnership covenant, obligation, or liability on or with regard to the parties. Each party shall be individually responsible for its own covenants, obligations, and liabilities under this Agreement.

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Construction of Agreement

  Any ambiguities or uncertainties in the wording of any provision of this Agreement shall not be construed or interpreted for or against any party because that party drafted or caused its legal representative to draft the provision. Unless expressly stated otherwise in this Agreement, words used in the singular include the plural, the plural includes the singular, and the neuter gender includes the masculine and the feminine.

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Governing Law/ Jurisdiction/ Venue

  This Agreement shall be governed by and construed in accordance with the laws of the State of New York without reference to its conflict of laws principles, and shall be deemed entered into at Seller's place of business. The parties hereto hereby consent to the adjudication of any controversy arising under the contract by the Courts of the State of New York located in Kings County, New York.

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Headings

  The headings used herein are for convenience purposes only and shall not be used to interpret the Agreement.

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SmartSign Best Price Guarantee   SmartSign is committed to providing our customers with the best price available online! At SmartSign we work hard to offer the most competitive pricing available, but if you find a lower price online, let us know and we'll match it! In fact, if you find a lower price within 30 days of your original purchase date, we'll refund you the difference.

Call 1-800-952-1457 to get a price match quote or refund.

Best Price Guarantee Terms and Conditions:

• Item must be the identical model from an authorized U.S. dealer. Specifically, the product must have the same U.S. product specifications, turn-around time, printing method and warranty. SmartSign will price match only stock and standard sized custom products.

• For custom quoted items, please submit a formal quote, on competitor's branded form, detailing size, description, material specifications, and price.

• SmartSign reserves the right to verify another online company's product availability and price before issuing a price match.

• SmartSign does not match auction websites or refurbished products.

• The Best Price Guarantee does not apply to obvious pricing errors or clearance/close-out items.

• Best Price Guarantee applies to the total purchase price of the item. Total purchase price includes shipping, handling, taxes or other discounts.

• Price match does not cover targeted promotions for repeat orders from past SmartSign customers or from other SmartSign stores. This price match is not extended to orders over $2,000.

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Sign Durability Guarantee

  Peace of mind is important and we want to assure you that your signs will last outside. SmartSign warrants that our aluminum and reflective aluminum signs will perform satisfactorily for a period of 10 years after purchase when applied to a flat surface in a non-abusive environment. Typographical or spelling mistakes, found either on SmartSign’s stock or customer designed signs, are not causes for a warranty claim. The warranty is limited to conditions making the sign unreadable and unsuitable for it's intended purpose when viewed under normal conditions. This warranty does not cover signs that are modified or damaged due to improper storage, abuse, accident, vandalism, neglect, mishandling, cleaning with a pressure washer or objects being blown against the sign in high winds. SmartSign’s sole liability under the terms of this warranty is credit for the sign or replacement of the sign, at our option. This warranty does not cover labor to install or replace the sign. We may require samples of the defective product before a claim is evaluated for approval. The warranty claim is limited to $2,000 for a given customer in any one year. For larger warranties contact our CSR team at the time of the order and, often together with 3M, we will issue a more specific contract and certification.

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