TERMS & CONDITIONS
The Acknowledgement, Invoice and Terms & Conditions, together with all relevant drawings and specifications, constitute the entire agreement between the Purchaser (herein referred to as “Customer”) and E.A. Dion, Inc. (herein referred to as “Dion”).
Changes or cancellations of Customer purchase orders in process will be subject to costs incurred to date.
Any date of delivery furnished by Dion to Customer is determined from the date of Dion’s receipt of Customer’s purchase order and its agreement to payment terms as shown below. The date is only an estimate of the date of delivery and is not a guarantee of a particular delivery date, unless agreed to in writing. Dion shall not be liable for a failure or delay in shipment
All Dion products will be shipped by whatever means and carrier that Dion considers the most appropriate method of transportation, unless otherwise directed by Customer. Standard shipping is United Parcel Service (UPS) Ground. Charges, including insurance coverage, will be added to Customer’s invoice. Dion’s UPS Shipping program offers an insurance limit that far exceeds the limits for shipping jewelry via normal UPS rates. If Customer desires to use their own shipper number, or an alternative shipping method, please alert your Account Manager. If using Customer’s shipping number, risk of loss shall pass to Customer upon delivery by Dion to the carrier. If using Dion’s shipping number, risk of loss shall pass to customer upon delivery by carrier to the destination.
Errors or omissions in any Dion quotation, acceptance, specification or other document shall be subject to correction at Dion’s discretion.
Customer agrees to pay all costs and expenses, including, without limitation, reasonable attorney’s fees and expenses incurred, or which may be incurred, by Dion in connection with the enforcement of the Acknowledgement, Invoice and Terms & Conditions.
The language of all parts of the Acknowledgement, Invoice and Terms & Conditions will in all cases be construed as a whole in accordance with its fair meaning and not strictly for or against any party hereto. If any provision hereof shall at any time be declared illegal and/or unenforceable between the parties hereto by a final decree of a court of competent jurisdiction, or by statute, then said part, and that part only, shall be deemed invalid and inoperative between the parties, it being understood and agreed that said remaining parts shall retain full force and effect between the parties.
The Acknowledgement, Invoice and Terms & Conditions contain the entire understanding between the parties and supersede all prior communications and understandings with respect thereto. The Acknowledgement, Invoice and Terms & Conditions may not be superseded, amended, or modified except by a writing signed on behalf of all parties. Customer expressly agrees to these Terms and Conditions.
Payment Terms and Credit Applications
Payment terms are net 30/no discounts unless otherwise covered by special quotation. All payments to be in US funds. Credit Check required prior to production scheduling.
Credit card payments are subject to a 3% service charge.
Any balance due which is not paid within thirty (30) days shall bear interest at the rate of one and one-half (1.5%) percent per month on the unpaid balance.
If Dion shall commence any action to collect amounts due, Customer shall indemnify and hold harmless Dion from any and all costs or expenses of collection, including, but not limited to, reasonable attorney’s fees.
Any and all claims regarding quality and/or quantity of shipments must be made within 2 business days of receipt of merchandise.
Credit applicants authorize Dion to verify all information provided on the application, including running credit reports, contacting references, etc. All information obtained will be held in the strictest confidence.
Accounts needing a credit limit of $10,000 or more may be required to provide additional financial information to allow account approval.
Personal Guarantees or Bank Letters(s) of Credit may be required for orders over $10,000.
Accounts more than 15 days past due (45 days from original invoice date) may be placed on COD status without notice, until a satisfactory resolution is reached.
Certain orders may require a deposit with order and are not cancelable.
In the event of default, collection costs and/or attorney fees will be borne by the Customer.
The Account Manager is the primary contact for all Customer project needs. If you do not know who your Account Manager is, our receptionist can direct you. If you do not have an Account Manager, one will be assigned.
The following are average lead times. Please consult Account Manager for time sensitive projects.
Price Adjustment Factor (PAF)
Pricing on quotes will be valid for 3 months from the date of the quote with exception of diamond and precious metal markets.
Precious metal prices change regularly. Therefore, quotes for precious metal products will state the "Market Price" that the quote is based on, and an adjustment factor to advise you how to calculate the amount of change to the price of that item, based on future Market Prices.
File Format & Art Concept Costs
Art designs can be turned around much faster, and the integrity of a company’s logo maintained, if our Design Dept. gets the original logo in a useable file format and at a high enough quality that they can use.
What do we mean by a high quality, acceptable file format? Here are some tips:
Art Concept Costs – Art fees may apply depending on the type of product, the quantity of concepts and complexity of the project. Please discuss your specific project needs with your Account Manager.
It is the responsibility of the Customer to obtain authorization to reproduce or use for any purpose legally restricted or otherwise trademark, logo, design, or copyright from the rightful owner of, or authorized agent for, the owner of the same. Dion assumes no liability for the use, including reproduction, or infringement of any registered trademark or copyright.
All Dion products are warranted for life to be free of manufacturing defects or they will be repaired or replaced at no charge, excluding damage as a result of normal wear and tear or abuse.
Tooling Service Fee
Die, tool and/or mold fees are service fees. Payment of service fee does not convey ownership. All dies/tools/molds or materials necessary for the manufacture of products ordered shall remain the property of Dion, and as such are guaranteed to remain available for your exclusive and continued use unless conditional use arrangements have been made at time of order. Dion further guarantees the working condition of dies/tooling/molds made by Dion as long as they remain on our premises. We reserve the right to dispose of any dies, tools or molds without notice if a period of 5 years has elapsed without a reorder, or we have not been notified to hold them for a longer period.
Die Service fees vary. Simplicity or complexity of the design, medal, coin, buckle or medallion size and depth of relief are several of the variables at play. Please discuss specific project with your Account Manager to determine exact costs.
Standard packaging is individual polybag unless otherwise indicated.
Precious metal items will be shipped at exact P.O. quantity.
Base metal items will be considered complete at +/- 5%. We will invoice the quantity shipped.