Terms and Conditions

Please read the following terms and conditions of use carefully before using this website. All users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

COPYRIGHT: The entire content included in this site is copyrighted under the laws of United States and other copyright laws, and is the property of Alpha Specialties & Awards.

Copyright 2019, Alpha Specialties & Awards ALL RIGHTS RESERVED.

Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Alpha Specialties & Awards or purchasing Alpha Specialties & Awards products. Any other use is strictly prohibited, unless authorized by Alpha Specialties & Awards.

TRADEMARKS: All trademarks of Alpha Specialties & Awards used in the site are registered trademarks of Alpha Specialties & Awards

WARRANTY DISCLAIMER: This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible by law, Alpha Specialties & Awards disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Alpha Specialties & Awards does not warrant that the functions contained in the site will be uninterrupted, error-free, or the defects will be corrected, or that this site or the server that makes the site available is free of viruses or other harmful components. Alpha Specialties & Awards does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

LIMITATION OF LIABILITY: Alpha Specialties & Awards shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Alpha Specialties & Awards has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

TYPOGRAPHICAL ERRORS: In the event that an Alpha Specialties & Awards product is mistakenly listed at an incorrect price, Alpha Specialties & Awards reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Alpha Specialties & Awards reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Alpha Specialties & Awards shall issue a credit to your credit card account in the amount of the incorrect price.

TERMINATION OF THESE TERMS: These terms and conditions are applicable to you upon your accessing the site. These terms and conditions, or any part of them, may be terminated by Alpha Specialties & Awards without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

NOTICE: Alpha Specialties & Awards may deliver notice to you by means of e-mail, or by other reliable method to the address you have provided to Alpha Specialties & Awards.

GENERAL USE OF THIS SITE: Your use of this site shall be governed in all respects by the laws of the state of Florida, U.S.A., without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Alpha Specialties & Awards products) shall be in the state or federal courts located in Osceola County, Florida. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Alpha Specialties & Awards products) must be commenced within one (1) year after the claim or cause of action arises. Alpha Specialties & Awards failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Alpha Specialties & Awards may assign its rights and duties under this Agreement to any party at any time without notice to you.

Harassment in any manner or form on the site, including via e-mail, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an Alpha Specialties & Awards employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. Alpha Specialties & Awards has the right to terminate access to this site by any customer at any time without cause or notice given to the customer.

INDEMNIFICATION: You agree to indemnify, defend, and hold harmless Alpha Specialties & Awards, its owners, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your internet account.

THIRD PARTY LINKS: Alpha Specialties & Awards links this web site to sites operated by third parties. However, even if the third party is affiliated with Alpha Specialties & Awards, Alpha Specialties & Awards has no control over these linked sites, all of which have separate privacy practices, independent of Alpha Specialties & Awards.

DEFINITIONS: The following definitions are used in and form part of these Terms and Conditions:

“The Supplier” shall mean Alpha Specialties & Awards, its owner and all persons connected with Alpha Specialties & Awards for the purposes of trading. “The Supplier” and “Alpha Specialties & Awards” are interchangeable.

“Goods” and/or “Services” shall mean products supplied, by the Supplier, to any Third Party, and shall include but not be limited to services of items which are the property of any Third Party.

“The Customer” shall mean any Third Party to whom Goods and Services are supplied, have been supplied or are to be supplied.

“Enquiries” shall mean any request for information from a Third Party to the Supplier, whether or not that request results in an Order.

“The Order” or “An Order” shall mean confirmed requests for Goods and Services from a Customer, for which, by placing the Order, the Customer has agreed to pay in full, within the time or times specified by the Supplier.

“Artwork” shall mean any image supplied by any Third Party to the Supplier by physical or electronic means.

“Delivery” and “Collection” shall mean the time at which the Customer takes possession of Goods or Services and these words may be interchangeable in these terms.

“In Writing” shall mean any non-verbal communication written by hand, typewritten onto paper or transmitted by electronic and/or digital means.

“The Supplier Will/Shall Not Be Liable” shall mean that, to the fullest extent permitted by law the Supplier will not be liable for damages of any kind. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation), compensatory, direct, indirect or consequential damages, loss of data, income or profit, of or damage to property and claims of third parties.

GOODS AND SERVICES: The Supplier shall, at their absolute discretion, obtain products which they will produce or assemble and supply in accordance with orders placed by customers, subject to the substitution clause in these terms.

QUALITY OF SUPPLIED GOODS: The Supplier will supply only goods from established and reputable sources, unless otherwise specified by the Customer.

CUSTOMERS OWN GOODS: Customers supply goods entirely at their own risk. The Supplier Will Not Be Liable for damages arising out of or in connection with the use of Alpha Specialties & Awards.

SUBSTITUTION: All items obtained by the Supplier on behalf of the Customer are subject to availability. The Supplier reserves the right to substitute products when those ordered are unavailable. Prices will be agreed between the Supplier and the Customer before any substitutions are made.

DELIVERY TIMES: The Supplier completes all Orders as soon as possible but Customers should allow up to 2 weeks for delivery from the date of acceptance of an order by the Supplier. Any likelihood of a longer production time will be notified to the Customer at the earliest possible time.

SPECIAL DEADLINES: The Supplier will try to meet any special deadlines the Customer may have, but will not accept any deadlines which may prove detrimental to pre-existing customers.

OWNERSHIP, COPYRIGHT AND ACKNOWLEDGMENT OF ARTWORK: Notwithstanding and regardless of Artwork, the ownership and copyright of all digitized designs provided by the Supplier is asserted and remains the property of Alpha Specialties & Awards. This assertion extends to the website in which these terms and conditions appear.

The responsibility for ensuring that copyright and ownership laws are maintained in respect of all Artwork supplied by Customer for inclusion in an Order remains with the Customer. To the fullest extent permitted by law the Supplier Shall Not Be Liable for claims arising from the misuse or breach of copyright and/or ownership of Artwork.

ORDER AND ORDERING: The Customer can only make an Order for Goods from the Supplier by electronic mail using this website or by means of a postal, telephone order or in person. The Supplier will issue an Order Confirmation with an appropriate order number. From the time an order is accepted and an order number issued, the Customer is considered to have entered into a contract with the Supplier, which is binding upon both parties.

The Customer shall check the Order Confirmation and notify the Supplier of any errors or discrepancies within 24 hours, (excluding weekends). The Supplier Will Not Be Liable where the Customer has not, within 24 hours, (excluding weekends) notified the Supplier of errors or discrepancies in the Order Confirmation.

The Customer shall supply to the Supplier all required Artwork in either physical or electronic form at or before the time of the Order.

Where Artwork is supplied by mail on CD or in physical form, items are submitted entirely at the Customers own risk. No responsibility can be accepted by the Supplier for loss or damage to such items, howsoever caused. Additionally, The Supplier Shall Not Be Liable for damages arising from the loss or damage to any item supplied either by postal mail or electronic mail.

The Customer is responsible for ensuring the accuracy of the Order. By placing an Order for Goods and Services the Customer shall be deemed to have accepted and agreed to be legally bound by these Terms and Conditions.

ACCEPTANCE OF ORDERS: The Supplier will normally accept Orders for Goods and Services subject to the exclusions listed in these Terms and Conditions.

EXCLUSIONS: The Supplier reserves the right to refuse to accept any Order which contains, in the Supplier’s opinion pornography of any description, either textual or graphic, even if it would otherwise be considered “soft”. Also, material which is racist, sexist, offensive, defamatory, libelous or material of a nature which may encourage, support or promote any illegal or banned organization. Material of a nature which may encourage, support or promote any contraband or; any other illegal or banned substance, item or activity. Material which may encourage, support or promote cruelty of any nature, either to humans or to any animal.

This list may not be exclusive and the final decision on whether or not to accept Artwork lies solely and absolutely with the Supplier. The Supplier reserves the right to refuse to accept any Order on any grounds whatsoever without assigning a reason.

PRICES: Prices and information being shown in this website form part of these Terms and Conditions unless otherwise stated. The Supplier reserves the right to vary prices without notice at his absolute discretion. Where a price has been varied following the issue of a quotation, the Supplier will notify the Customer as soon as possible.

QUOTATIONS: Validity of quotations is at the Suppliers absolute discretion and may vary from quote to quote.

ESTIMATES: The Supplier may offer informal costing estimates from time to time, either verbally or in writing, but these are not binding upon any party in any way whatsoever.

PAYMENT TERMS: Payment terms are normally Cash or Credit Card with the Order. At their absolute discretion, the Supplier may offer Cash on Delivery, Cash on Receipt of an Invoice or 30-Days Credit Terms. The Supplier will specify terms at the point into which a contract is entered.

CREDIT TERMS: Credit terms are offered to customers at the Supplier absolute discretion, but will normally be limited to business customers with whom the Supplier has already dealt successfully. The period of credit is strictly 30 days Net, commencing with and including the date upon which an invoice is issued.

OVERDUE ACCOUNTS: Alpha Specialties & Awards reserves the right to charge compound interest at 5% of the gross invoice value per month on overdue invoices, commencing on the 31st day following the invoice date. Alpha Specialties & Awards will seek debt recovery by any legitimate and lawful means including, but not limited to, claims in the County Court and/or the employment of a licensed debt recovery agency.

CHECKS WITH INSUFFICIENT FUNDS: Alpha Specialties & Awards reserves the right to charge a minimum administration fee of $30.00 for any checks that are issued to us with insufficient funds. This is the minimum charge and may vary, depending upon costs actually incurred by Alpha Specialties & Awards in recovering the debt.

DISCOUNTS: The Supplier may, from time to time and at his absolute discretion, offer discounts based upon order quantity or for any other reason which the Supplier may assign. Discounts are not a right of the Customer and may be withdrawn at any time. Discounts are not negotiable. Initial Setup and Shipping Charges are not included in discounts.

COMPANY CHECKS: Checks from legitimate businesses and unincorporated organizations, made payable to Alpha Specialties & Awards, are accepted by arrangement.

SHIPPING AND HANDLING: See our separate Shipping and Handling policy in this web site. The shipping and Handling Policy is also considered part of these Terms & Conditions.

RETURNS AND EXCHANGES: See our separate Return Authorization and Exchange policy in this web site. The Return Authorization and Exchange policy are also considered part of these Terms & Conditions.

CONTRACT AND SPECIFICATIONS: No Contract will subsist between the Supplier and Customer for the sale of any Goods unless and until the Supplier accepts the order by e-mail, telephone, letter or other means.

While the Supplier makes every effort to ensure that any and all Goods descriptions and illustrations supplied by him are accurate and current, the Supplier is dependent upon the requirements of each individual Customer. Completed Goods may therefore differ slightly from advertised descriptions.

The Supplier cannot guarantee product availability. Should Goods ordered be temporarily unavailable the Customer shall be notified of the delay in delivery and given the option to cancel the order. If the Customer does not cancel the Order, the Customer shall be deemed to have accepted the new delivery date.

By placing an order for Goods and/or Services from the Supplier, the Customer acknowledges that he, she or they have read fully and understood these Terms and Conditions and is entering into a contract based upon these Terms and Conditions by which he, she or they agree to be legally bound.

WARRANTIES AND LIABILITY: The Supplier always uses good quality products, but cannot guarantee nor offer a warranty upon the quality of any products nor upon the conditions in which the Goods are transported during delivery. If the Customer should discover (within 2 days of delivery) that an item is faulty then the Supplier will replace the Goods, subject always to the terms and conditions listed in our Returns Authorization & Exchange Policy.

Every care is taken to ensure that all Goods submitted by a Customer are returned in the condition in which they were received. However, any and all items submitted to the Supplier, which are the property of the Customer or any Third Party on whose behalf the customer is acting, are submitted entirely at the customers own risk.

GENERAL: If any provision of these Terms and Conditions is declared by any judicial or any other competent authority to be void, voidable, illegal or otherwise unenforceable or indications to that effect are received by either party from any competent authority then that provision shall be limited or eliminated to the minimum extent necessary so these Terms and Conditions shall otherwise remain in full force and enforceable.

These Terms and Conditions supersede any prior agreements between the parties whether written or oral.

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida and shall have non-exclusive jurisdiction to decide any dispute concerning these Terms and Conditions or the subject matter of these Terms and Conditions.

No waiver by the Supplier of any breach of these Terms and Conditions by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provisions.