ACCOUNT APPLICATION

• To purchase Meihong USA LLC. dbs Color Imaging (“CI”) products a Customer Account Application must be made with and accepted by CI (“Customer”).  U.S.A. and    non-U.S.A. Customer applications are available on the CI website www.colorimaging.com/index.php/forms.html .
• U.S.A. Customers must furnish a sales tax (resale) permit or certificate with their application.
• International, payment and shipping policies for non-U.S.A. Customers are available upon request.

PAYMENT TERMS

• Net Terms are available upon completion of a CI credit application that is approved by CI’s credit department. The application must be signed by an officer/principal of the applicant’s company prior to submission in order to be considered for Net Terms.
•  Credit cards: In order to accept a credit card, the Credit Card Authorization Form must be completed (available upon request or online at the CI website). Credit card(s) will be charged on the day the product is shipped. Visa, MasterCard, Discover and American Express credit cards may be accepted for an order(s). If order(s) are paid by credit card at a time other than when the order is shipped/invoiced, a credit card surcharge of 2.25% will be applied.
• C.O.D., Cash in Advance or Wire Transfer in Advance is required in some cases. If paying by C.O.D company check, a signed CI credit application with bank references must also be on file. A US$9.00 C.O.D. charge is added to all orders shipped C.O.D.
• Accounts may be placed on credit hold and or charged a finance charge of 1.5% monthly if any invoices become past due. Accounts sent for collection are subject to reasonable collection and attorney fees and other applicable charges.
• There will be a US$25.00 charge for any check returned NSF (Non-sufficient funds). All NSF checks must be replaced with a cashiers’ check,money order, cash (in-person), wire transfer, or one of the credit cards listed above.

PLACING ORDERS & MINIMUM ORDER

• Orders may be placed with any CI sales representative or customer service staff member by email, fax, phone, or via the CI on-line website. Our The CI Order Desks are staffed from 8:00am – 5:00pm EST Monday through Friday.
• To assure accuracy when placing an order, please have available:
• Your account number with CI
• The respective CI stock code or part number and a brief description of each item.
•  All orders less than US$50.00 will be charged a US$5.00 small order handling fee.
• In the event back ordered product(s) when shipped result in an invoice amount of less than US$50 the small order handling fee is waived.

• Confirmed back orders for product not in stock at the time of the original order was shipped will be shipped and charged to Customer using the same shipping method and related charge as that of the original order. Additional charges applicable to a change in shipping method are Customer’s responsibility.
• Drop ship orders must be placed via email, fax, or on-line via the CI website.
• Local Customers may utilize CI’s Will Call department. Please call ahead and allow a minimum of one (1) hour for order processing depending on the time of day and the complexity of the order.
• Customer represents and covenants that it shall ensure that any goods purchased hereunder shall not be, directly or indirectly, exported or re-exported, or otherwise used for the benefit of or on behalf of, (a) Cuba, Iraq, Iran, Libya, North Korea, Sudan or Syria, (b) any persons or entities prohibited from receiving U.S. exports (including those (i) on the Bureau of Industry and Security Denied Parties List or Entity List, (ii) on the Office of Foreign Assets Control list of Specially Designated Nationals and Blocked Persons, and (iii) involved with missile technology of nuclear, chemical or biological weapons), as the foregoing lists may be amended from time to time by the relevant governmental authorities.   

PRODUCT PRICING & TERMS

• Due to the volatile, component, shipping, and corrugated markets, all pricing (standard and quoted), terms, and conditions ar e subject to change without prior notice unless otherwise stated in a written contract agreement signed by both parties.

• Prices and product specifications are subject to change without notice. Confirm all product prices, specifications and availability prior to placing an order.

FREIGHT & SHIPPING

•  All freight is F.O.B. Color Imaging, Norcross, GA (Ex-works), making all orders subject to freight charges unless special freight terms are approved by CI management.

• Domestic orders are normally shipped by Fedex or commercial trucking. Customers requesting other shipping methods such as UPS Next Day, 2 Day, 3-Day Service, DHL, or any other carrier may have additional charges applied.

WARRANTY

CI warrants that all Products (as defined below) sold by CI shall materially conform to CI’s product specifications during the applicable warranty period. CI’s toner Products have only been qualified to be compatible with OEM toner and components, and CI offers no representation or warranty with regards to the Products performance or suitability with respect to its use with any third party’s toner products or component s.   As used herein, “Products” mean (1) printer or copier parts, OPCs, drum units, imaging unit chips, waste containers and filled cartridges (“Finished Products”), and (2) toner and or carrier, including MICR toner, in bottles, bags or drums (“Bulk Products”). The warranty period for Finished Pro ducts is one year following the shipment date of the Finished Product, and the warranty period for Bulk Products is six months following the shipment date of the Bulk Product.  If a Product does not meet the warranty specified above (a “Defective Product”) and the Customer complies with CI’s product return policy below, CI will, at its option, (i) replace the Defective Product with a conforming Product free of charge, (ii) give Customer an in-house credit for the amount actually paid to CI for the Defective Product, or (iii) refund to Customer the amount actually paid to CI for the Defective Product.  This warranty does not cover damage to the Products caused by accident, abuse, misuse, natural disaster, human error, improper storage or handling, unauthorized disassembly, repair, or modification. Any claims for breaches of warranty not asserted by Customer in accordance with the product return policy below shall be deemed waived by Customer.

DISCLAIMER; LIMITATION OF LIABILITY

EXCEPT AS PROVIDED HEREIN, COLOR IMAGING DOES NOT MAKE, AND HEREBY EXPRESSLY DISCLAIMS, ANY AND ALL OTHER WARRANTIES WITH REGARD TO THE PRODUCTS, WHETHER EXPRESSED, IMPLIED, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR WARRANTY THAT THE PRODUCTS MEET THE REQUIREMENTS OF CUSTOMER.

IN NO EVENT SHALL COLOR IMAGING BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR PUNI TIVE DAMAGES, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE, RESULTS OF USE, INABILITY TO USE, OR RETURN OF THE PRODUCTS, INCLUDING, WITHOUT LIMI TATION, LOSS OF DATA, LOST PROFITS OR REVENUES, OR LOSS OF USE, REGARDLESS OF WHETHER COLOR IMAGING HAS BEEN ADVISED OF THE POSSIBILI TY OF SUCH DAMAGES. IN NO EVENT SHALL COLOR IMAGING’S LIABILITY WITH REGARD TO THE PRODUCTS EXCEED THE AMOUNT PAID BY CUSTOMER FOR THE PRODUCT GIVING RISE TO SUCH LIABILITY.

PRODUCT RETURNS

• CI is not required to accept the return of a Product unless the Product is a Defective Product.

• All returns, whether for a Defective or non-Defective Product, must be made during the applicable warranty period described above.

• Returns of non-Defective Products are at CI’s discretion.

• Before returning any Product (Defective or non-Defective), the Customer must first contact CI to obtain a Return Merchandise Authorization

• (RMA) Number and other shipping instructions.

• Returns without a Return Authorization Number will be refused.

• Unless otherwise agreed by CI, returns must be made at Customer’s cost, provided such return costs shall be reimbursed by CI if the returned

Product is determined by CI to be a Defective Product.

• All returns of non-Defective Products accepted by CI are subject to a 20% restocking fee and must be unused and returned in the original condition and packaging. CI may assess an additional charge if there is private label packaging.

• Toner or toner cartridges being returned due to printing problems must be accompanied with test prints showing the defect and a short explanation of the problem.

• Returned MICR toner must be accompanied by at least two voided MICR documents.

• OPC Drums being returned due to print defects must be accompanied by at least three test prints showing the defect

DAMAGED IN TRANSIT, SHORT SHIPMENTS OR DISCREPANCIES

All claims must be submitted in writing. All shipments become the property of the carrier company during shipment until signed for by the recipient. Claims for damages while product is in transit are to be settled between the consignee and the carrier. If noted at time of delivery, it must be documented on the receiving paper work or bill of lading. Damaged product/packaging subject to review must be accompanied by detailed pictures. Customer will assume all liability if damaged freight is not reported within 24 hours of receipt or the next business day. All short-shipments and discrepancies must be reported within 24 hours of receipt of shipment or by the next business day.

EU REACH DISCLAIMER

REACH stands for Registration, Evaluation, Authorization and Restriction of Chemicals. If entered into force in the EU on 1 June 2007, and it is a regulation adopted to improve the protection of human health and the environment from the risks that can be posed by chemicals. A Customer of Color Imaging (CI), importing CI’s products into the EU (“EU Importer”), has responsibility for compliance with REACH, and REACH places the burden of proof on the EU Importer for REACH compliance.

Substances which are not registered in accordance with REACH will become unavailable to downstream users. This means that the only substances which will be available to downstream users in the future have either:

– been registered, or – been pre-registered and therefore have a later registration deadline, or – are exempted from registration, or – are produced/imported in amounts below 1 metric ton per year.

Material Safety Data Sheets (“MSDS”s or “SDS”s) are available from CI on our eCommerce website or upon request for our products containing toner mixtures.

REACH HAS MANDATORY POINTS OF COMMUNICATION AND REQUIRES EXACT DOCUMENTATION. REACH COMPLIANCE SUPPORT, PROVIDED SOLELY AT CI’S OR CI’S SUPPLIER(S)’ OPTION(S), IN CONNECTION WITH ARTICLES, SUBSTANCES OR MIXTURES CONTAINED WITHIN CI PRODUCTS IS NOT INTENDED AS, NOR DOES IT OFFER ANY EU IMPORTER, LEGAL OR OTHER PROFESSIONAL ADVICE, NOR DOES IT COMMIT OR OBLIGATE CI OR CI SUPPLIER(S) IN ANY WAY TO REGISTER ANY SUBSTANCE CONTAINED IN CI’S PRODUCTS WITH THE EUROPEAN CHEMICAL AGENCY (“ECHA”) OR MAINTAIN THE COMPLIANCE OF ANY ARTICLE PROVIDED WITH CI’S PRODUCT(S). CI ENCOURAGES EU IMPORTER TO CONSULT WITH APPROPRIATE LEGAL OR TECHNICAL ADVISORS IN EU IMPORTER’S JURISDICTION IN THAT REGARD. THE LEGAL REQUIREMENT RESTS WITH THE EU IMPORTER TO HAVE PERMISSION TO MAKE USE OF THE ONLY REPRESENTATIVE’S (“OR”’S) PRE-REGISTRATION / REGISTRATION OF ANY SUBSTANCE AS WELL AS A VALID DOWNSTREAM USER AGREEMENT WITH CI AND REQUISITE AGREEMENT(S) WITH CI’S SUPPLIERS’ ONLY REPRESENTATIVES.

 PRODUCTS WITH CI REACH COMPLIANCE SUPPORT:

The products for which REACH support (for either their articles and if applicable their toner mixtures) is provided by either CI or CI’s suppliers are denoted in CI’s catalog and or price lists with the following symbol: •. An updated catalog or price list reflecting the most current status of CI’s products not having REACH compliance support are available upon request.

TERMS OF USE OF OUR WEBSITE, INCLUDING B2B

By accessing, browsing and/or using the CI website  www.colorimaging.com (“Site”), user (“User”) acknowledges that User has read, understood, and agrees to be bound by the Terms of Use and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If User does not agree to these Terms and the other terms and conditions of use of CI’s Site, User must not use the Site. By using the Site on behalf of any third party User are represents to CI that User is an authorized representative of that third party and that User’s use of the Site represents the third party’s acceptance of these Terms. If User is not able to make the representation in the preceding sentence User is prohibited from using the Site, however, any unauthorized use of the Site by User shall be subject to the Terms until such unauthorized use has been terminated. User may be required to register and create an account (“Account”) with CI in order to access certain features of the Site and/or place orders for products or services.  Information gathered through the registration process and information related to User’s Account will be subject to these Terms as well as to our Privacy Policy.  User represents and warrants that all information provided by User when creating an Account is true, accurate and complete and that User will maintain, at all times, true, accurate and complete information related to User’s Account. Information related to User’s Account, including the username(s) and password(s) associated with User’s Account, should be maintained by User in a confidential manner, as User is solely responsible for the usage of User’s Account by any third parties. It is User’s responsibility to advise CI if User is aware of any unauthorized access to User’s Account or if User’s Account information has been made available by User to third-parties in a manner that may result in unauthorized usage of the Account. In CI’s sole and absolute discretion, CI may terminate User’s Account for any reason (including for reasons related to unlawful or unauthorized usage) and CI is under no obligation to retain a record of User’s Account. The terms and conditions of use of CI’s Site in their entirety can be found on CI’s Site and by this reference be and hereby is incorporated herein.