Terms &
Conditions

By submitting a quote request, placing an order, or engaging Promo Gear Exchange ("PGX", "we", "us", "our") in any business transaction, you ("Customer", "Client", "you") agree to be bound by these Terms and Conditions in their entirety. If you do not agree to these Terms, do not submit any order or inquiry.

These Terms apply to all transactions between PGX and any customer, including but not limited to online quote requests, phone orders, email orders, and in-person orders. These Terms supersede any customer purchase orders, forms, or documents unless PGX has specifically agreed in writing to modified terms.

PGX reserves the right to update or modify these Terms at any time without prior notice. The version of the Terms in effect at the time of your order confirmation shall govern that specific transaction.

No contract, obligation, or agreement of any kind exists between PGX and a Customer until PGX has issued a written order confirmation explicitly accepting the order. Quote requests, online form submissions, verbal agreements, email inquiries, and phone discussions do not constitute a confirmed order and are not binding on PGX.

An order is confirmed only when PGX has issued a written order confirmation, the Customer has approved all artwork proofs in writing, and payment or an approved payment arrangement has been confirmed in writing by PGX.

PGX reserves the right to decline any order at its sole discretion, for any reason, at any time prior to issuing a written order confirmation. PGX is not obligated to provide a reason for declining an order.

Any changes to a confirmed order must be agreed upon in writing by both parties. PGX is not bound by any oral or electronic modifications not confirmed in writing.

All prices quoted by PGX are estimates only until confirmed in a written order confirmation. Quoted prices are subject to change based on final artwork, final quantity, material availability, freight costs, and any other factors that may affect the final cost of the order.

PGX's website, catalogs, and marketing materials display approximate pricing for reference purposes only. These prices are not guaranteed and are subject to change without notice.

Pricing confirmed in a written order confirmation is binding only for the specific order described in that confirmation. It does not guarantee pricing for future orders.

All prices are exclusive of applicable taxes, duties, shipping, and handling unless explicitly stated otherwise in the written order confirmation. The Customer is responsible for all taxes, duties, and fees applicable to the order.

Production will not begin on any order until the Customer has approved all artwork proofs in writing. PGX will not accept verbal or implied artwork approval.

The Customer is solely responsible for reviewing and approving all artwork proofs for accuracy, including but not limited to spelling, grammar, colors, dimensions, logo placement, and overall design. Once artwork is approved in writing, PGX is not responsible for any errors, omissions, or discrepancies in the approved artwork.

PGX will make reasonable efforts to reproduce approved colors accurately, but exact color matching is not guaranteed. Variations in color may occur due to differences in materials, printing processes, screen displays, and production techniques. PGX is not liable for color variations that fall within industry-standard tolerances.

Customer-supplied artwork must meet PGX's artwork specifications. PGX reserves the right to charge artwork setup fees for artwork that does not meet specifications or requires significant modification. These fees will be disclosed before work begins.

All product specifications, dimensions, and descriptions provided by PGX are approximate. Minor variations in size, weight, color, and materials may occur between different production runs, different suppliers, or due to manufacturing tolerances. PGX is not liable for minor product variations that fall within industry-standard acceptable ranges.

Product samples shown on PGX's website, in catalogs, or in marketing materials are representative only. Actual products may vary in appearance, color, texture, and finish from samples or digital representations.

PGX reserves the right to substitute equivalent materials, components, or products if the originally specified materials become unavailable. PGX will notify the Customer of any material substitutions prior to production where reasonably practicable.

Payment terms will be specified in the written order confirmation. Unless otherwise agreed in writing, full payment is required before production begins. PGX does not accept responsibility for holding production capacity, materials, or inventory until payment has been confirmed.

PGX accepts payment methods as stated in the written order confirmation. PGX reserves the right to decline any payment method at its sole discretion.

All payments are non-refundable once production has begun, except where PGX has made a material error in the order. Customer-initiated cancellations after production has begun may be subject to cancellation fees as determined by PGX, covering costs already incurred.

Overdue accounts may be subject to interest charges, collection costs, and suspension of service. PGX reserves the right to pursue any legal remedies available for non-payment.

All delivery dates and timelines communicated by PGX are estimates only and are not guaranteed. PGX is not liable for delays caused by manufacturing delays, third-party carrier issues, customs clearance, weather, force majeure events, or any other circumstance outside PGX's direct control.

PGX is not liable for lost, damaged, delayed, or misdelivered shipments once goods have been handed to the carrier. Title and risk of loss pass to the Customer upon handoff of goods to the carrier.

Please refer to our full Shipping Policy at promogearexchange.com/shipping for complete information on shipping, delivery, and carrier limitations.

Due to the custom nature of all products produced by PGX, all sales are final. Returns are not accepted unless the product is proven to be defective or materially different from the approved artwork and written order confirmation.

All claims for defective or incorrect products must be submitted in writing to PGX within 5 business days of delivery. Claims submitted after this period may not be honored at PGX's sole discretion.

In the event of a valid claim, PGX's sole obligation shall be, at PGX's option, to (a) replace the non-conforming products, (b) provide a credit toward a future order, or (c) issue a refund not to exceed the amount paid for the non-conforming products. PGX is not obligated to provide any other remedy.

Order cancellations must be submitted in writing. Cancellations after production has begun will incur fees covering all costs incurred by PGX up to the point of cancellation, which may include the full order value if production is complete.

The Customer warrants that they have full right, title, and authority to use all artwork, logos, trademarks, images, and other intellectual property submitted to PGX for production. The Customer indemnifies and holds PGX harmless from any claims, damages, or expenses arising from any alleged infringement of third-party intellectual property rights.

PGX does not verify the intellectual property rights of Customer-submitted artwork. PGX is not liable for any infringement resulting from reproducing Customer-supplied artwork.

PGX retains the right to use images of completed orders in its portfolio, marketing materials, website, and social media unless the Customer has explicitly requested otherwise in writing at the time of order.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PGX'S TOTAL LIABILITY TO ANY CUSTOMER FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, ANY ORDER, OR ANY PRODUCTS OR SERVICES PROVIDED BY PGX SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE CUSTOMER FOR THE SPECIFIC ORDER GIVING RISE TO THE CLAIM.

PGX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOST DATA, REPUTATIONAL HARM, OR ANY OTHER INTANGIBLE LOSSES, WHETHER ARISING FROM CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER LEGAL THEORY, EVEN IF PGX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

PGX IS NOT RESPONSIBLE FOR ANY LOSS, COST, OR DAMAGE ARISING FROM: (A) DELAYS IN PRODUCTION OR DELIVERY; (B) CARRIER FAILURE, LOSS, OR DAMAGE TO SHIPMENTS; (C) COLOR VARIATIONS WITHIN INDUSTRY-STANDARD TOLERANCES; (D) ERRORS IN CUSTOMER-APPROVED ARTWORK; (E) FORCE MAJEURE EVENTS; OR (F) ANY OTHER CIRCUMSTANCE OUTSIDE PGX'S DIRECT CONTROL.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, PGX's liability shall be limited to the greatest extent permitted by applicable law.

The Customer agrees to indemnify, defend, and hold harmless Promo Gear Exchange, its officers, directors, employees, agents, suppliers, and successors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from or related to: (a) the Customer's breach of these Terms; (b) the Customer's use of PGX's products or services; (c) any claim that Customer-supplied artwork or content infringes the intellectual property rights of a third party; or (d) any negligent or wrongful act or omission by the Customer.

These Terms shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of law principles.

Any dispute arising from or related to these Terms or any order shall first be submitted to good-faith negotiation between the parties. If negotiation fails to resolve the dispute within 30 days, the parties agree to submit the dispute to binding arbitration in Las Vegas, Nevada, under the rules of the American Arbitration Association.

Notwithstanding the foregoing, PGX reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

The Customer waives any right to participate in any class action lawsuit or class-wide arbitration against PGX.

These Terms constitute the entire agreement between PGX and the Customer with respect to its subject matter and supersede all prior oral or written agreements, representations, or understandings.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

PGX's failure to enforce any provision of these Terms shall not constitute a waiver of PGX's right to enforce that provision in the future.

PGX may assign its rights and obligations under these Terms without notice to the Customer. The Customer may not assign its rights or obligations under these Terms without PGX's prior written consent.