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Terms and Conditions

1.         APPLICATON OF TERMS AND CONDITIONS. TLN will deliver only to entrepreneurs within the meaning of § 14 BGB and to the following terms and conditions. The following terms and conditions apply to all product sales and the Customer, in placing an order with TLN, thereby accepts these terms and conditions.
2.         ACCEPTANCE OF ORDERS.  Each order for goods is subject to acceptance in writing by a duly authorized officer of TLN. Any written acknowledgement of receipt of an order shall not, in and of itself, constitute such acceptance.
3.         PRICES. Orders are billed at the prices in effect at the time of shipment.  Prices will be as specified by TLN and will be applicable for the period specified in TLN's quote.  If no period is specified, quoted prices will be applicable for thirty (30) days.  The catalogue or website reflects latest pricing information available at the time of printing.  Prices shown in the catalogue or website are subject to change without notice.  Prices are subject to increase in the event of an increase in TLN's costs or other circumstances beyond TLN's reasonable control.  If Customer does not purchase the quantity upon which quantity prices are based, Customer will pay the non-discounted price for the quantity actually purchased and/or a cancellation fee and restocking fee for stock items.  Prices are exclusive of taxes, impositions and other charges, including sales, use, excise, value-added and similar taxes or charges imposed by any government authority, international shipping charges, forwarding agent's and broker's fees, bank fees, consular fees, and document fees and Customer is responsible for payment of same. All prices are quoted in Canadian Dollars. All prices quoted are F.O.B. manufacturer's facility. 
4.         TERMS OF PAYMENT. Customer agrees to pay the entire amount of each invoice from TLN pursuant to the terms of each invoice, without offset or deduction. In absence of any term to the contrary, invoices are due and payable upon receipt by Customer and interest will accrue in 30 days after the date of the invoice if unpaid on receipt. Orders are subject to credit approval by TLN, which TLN may in its sole discretion at any time change the terms of Customer's credit, require payment in cash, bank wire transfer/EFT or by official bank check, and/or require payment of any or all amounts due or to become due for Customer's order before shipment of any or all of the Products. If TLN reasonably believes that the Customer's ability to make payments may be impaired or if Customer fails to pay any invoice when due, TLN may suspend delivery of any order or any remaining balance thereof, until such payment is made or cancel any order or any remaining balance thereof. Customer will remain liable to pay for any Products already shipped. Customer agrees to submit such financial information as TLN may reasonably require for determination of credit terms and/or continuation of credit terms. Checks are accepted subject to collection and the date of collection will be deemed the date of payment. Any check received from Customer may be applied by TLN against any obligation owing by Customer to TLN under any contract, regardless of any statement appearing on or referring to such check, without discharging Customer's liability for any additional amounts owing by Customer to TLN. The acceptance by TLN of such check will not constitute a waiver of TLN's right to pursue the collection of any remaining balance. Invoices not paid when due will bear interest to date of payment at the monthly rate of two (2%) percent per month. If Customer fails to make payment when due, TLN may pursue any legal or equitable remedies, in which event TLN will be entitled to reimbursement of legal costs for collection and all attorneys' fees expended.
5.         DELIVERY.  Please allow 2 to 4 weeks for production and delivery after the time of final approval of purchase order and artwork. Orders may be expedited at the request of Customer. Risk of loss of goods shall pass upon delivery to Customer.  Unless otherwise agreed by TLN in writing, Customer shall pay all freight, handling, delivery and insurance charges for shipment of goods.  Choice of carrier and shipping method and route shall be at the election of TLN unless specifically designated by Customer.  TLN shall not be liable for delays in delivery or for failure to perform due to causes beyond the reasonable control of TLN, which causes shall include, without limitation, acts of God, acts of omissions of Customer or civil or military authorities, fire, strikes, epidemics, flood, earthquakes, riot, war, delays in transportation or inability to obtain necessary labour, materials or supplies.  In the event of any delay, the contractual date of delivery, if any, shall be extended for a period equal to the time lost as a consequence of such delay without penalty to TLN.  TLN shall be entitled to refuse or to delay shipments for failure by Customer to pay promptly any payments due to TLN, whether on this or any other contract between TLN and Customer.  TLN shall have the right to deliver all goods covered herby at one time or in portions from time to time, within the time for delivery provided in such order.
6.         INSPECTION AND ACCEPTANCE OF GOODS.  Customer shall be responsible for conducting the final inspection and tests on the goods, if necessary, which shall be completed promptly and in no event later than 2 days after delivery to Customer.  The goods shall be deemed accepted by Customer unless Customer notifies TLN in writing of Buyer's rejection of the goods and the reason for rejection within 2 days of delivery to Customer.

7.         OVER-RUNS AND UNDER-RUNS. Bulk order sales are subject to a plus or minus 5% variation in quantity from the amount stipulated in Customer order. Lanyards may vary 10% and paper and plastic bags may vary 20%. Customer is deemed to accept such variations in quantities for such bulk orders without liability to TLN. TLN will endeavour to minimize such variations in orders and, in the event that Customer requires exact number counts, Customer shall specify the same on such Customer orders. All such orders will be subject to a special levy to cover additional costs incurred for exact product counts.
8.         SECURITY INTEREST IN UNPAID GOODS. Customer herby grants TLN a security interest in the goods shipped under this agreement, including all accessories to and replacements of such goods, and the proceeds thereof, to secure the payment of the purchase price of such goods and all other amounts owing under this agreement, all as described and set forth on each invoice for such goods shipped pursuant to this agreement.  Customer agrees that its signature on the purchase order and thereby, its acceptance of TLN's Standard Terms and Conditions of Sale, can and may be used by TLN for facilitation of filing a financing statement in any location deemed necessary or advisable to perfect TLN's security interest in the goods and their proceeds, without the necessity to obtain an additional signature on the actual financing statement. Customer agrees to cooperate fully with TLN in executing any additional documents, instruments, financing statements.
9.         WARRANTIES AND REMEDIES.  Customer acknowledges that TLN is acting solely as a third party distributor of the products covered under this agreement and that the manufacturer or licensor of the products shall be solely responsible for all liability, claims, damages, obligations, and costs and expenses related to the products distributed by TLN.  In no event shall TLN be liable to Customer or any third party for any liability, claims, damages, obligations, and costs, or expenses, including without limitation, any special indirect or consequential damages (including lost profits, business losses, personal property damage, and personal injury) arising out of or relating to this agreement and the products or any related services provided to Customer. Customer agrees to look solely to the manufacturer or licensor of the products for compliance with the manufacture's or licensor's warranty.  The warranty delivered to TLN by the manufacturer or other vendor thereof shall be assigned to Customer, to the extent such assignment is permitted by the terms thereof.
10.       TRADE MARK & COPYRIGHT. Customer represents and warrants to TLN that Customer owns or is licensed to use all trade mark and copyright material provided to TLN for replication on goods provided by TLN and Customer will indemnify TLN for all losses and damages, including legal expenses incurred by TLN, resulting from any related trade mark or copyright infringement.
11.       CANCELLATION OF ORDERS. Orders accepted by TLN shall not be cancelled by Customer without written consent of TLN.  In the event of cancellation or other withdrawal of an order for any reason, without limiting any other remedy which TLN may have as a result of such cancellation or other withdrawal, Customer shall pay all reasonable cancellation charges and all expenses incurred by TLN and, in any event, will forfeit all deposits or advanced payments made to TLN unless otherwise agreed to in writing by TLN. Notwithstanding the foregoing, no cancellations of orders or refunds or exchanges are permitted after printed goods are produced and Customer shall be liable for full payment with respect to same.
12.       LAW AND VENUE. This agreement shall be construed and governed under the laws of the Province of British Columbia and applicable Federal Laws of Canada. The parties consent to submit to the jurisdiction of and venue of the courts of Germany and the federal Courts located in Mainz, Germany.
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