Terms of Use


LEGAL CLAIM

NOTICE. PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS & CONDITIONS STATED BELOW. IF YOU DO NOT AGREE TO THE TERMS & CONDITIONS STATED BELOW, PLEASE DO NOT ACCESS THIS WEBSITE. PARCEX RESERVES THE RIGHT TO CHANGE, MODIFY OR AMEND THESE TERMS AND CONDITIONS WITHOUT ANY NOTICE.

DISCLAIMER OF WARRANTIES

THIS SITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. PARCEX DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.

COPYRIGHT

All material and software Copyright (c) 2017 ParcEX. All rights are reserved worldwide. It is strictly prohibited to redistribute, copy or republish any of the material and software contained on the ParcEX website and/or its subsidiaries or the copyrighted property of parties from whom ParcEX has licensed such property.

You may not place or reproduce any trademarks, service marks, or logos that are not owned by you or licensed to you onto materials and merchandise to be printed via ParcEX. Words, names, and designs used to identify services or products are considered trademarks, service marks, and/or logos. The same policy is applicable for copyrights. You cannot use unlicensed copyrighted materials from photographers, artists, publishers, composers, writers, and other authors of original works. The copyright owner’s exclusive rights prohibit the reproduction of any original work. ParcEX policy also states that you cannot use explicit language or pornography on printed materials and merchandise.

GOVERNING LAW

The internal laws of the State of California shall govern the performance of the Agreement, including these Terms and Conditions, without regard to such state’s conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the courts located in Los Angeles County, California for all disputes arising out of, or relating to, the Agreement, including these Terms and Conditions and use of this Site.

LEGAL FEES

If any suit or action or other proceeding is commenced to enforce or interpret any of the terms or provisions of this Agreement, the prevailing Party in such suit or action or other proceeding shall be entitled to an award against the other Party for the prevailing Party’s reasonable attorney’s fees and costs incurred both at trial and on any appeal.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PARCEX – INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, ASSIGNS OR AFFILIATES (COLLECTIVELY, THE “COVERED PARTIES”) – BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE COVERED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE), ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED THE AMOUNT PAID BY YOU TO PARCEX.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Covered Parties and all parties from whom ParcEX has licensed portions of the Content, from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to (A) your use of the Site, (B) your breach of the Terms and Conditions, (C) your dispute with another user, (D) the unauthorized access to any protected area of the Site, and (E) any image or content being reproduced as part of your order. If using the Site on behalf of a third party, you agree to defend, indemnify and hold harmless the Covered Parties as described on behalf of yourself and any third party.

SHIPPING & DELIVERY

Please allow one additional business day for receipt of labeling and billing information before counting turnaround time for shipping. For example, if you are quoted a shipping time of 3 business days from February 3rd, please allow the first day for ParcEX to relay your information to the shipping carrier for the arrival scan, and the following 3 business days/non-holidays for your shipment to arrive.

Please note, some orders may receive tracking information on a Saturday, although the order will not leave our facility until the following business day. In the case of a Monday holiday, the order will leave our facility the following business day.

Please be advised that we do not combine different items or orders for shipping. Due to the nature of gang-run printing, each item may be placed on a separate batch, and each batch may be completed at a different time than the rest of the items on the order. Thus, we ship each item separately to ensure you receive your products as soon as they are ready. We may combine shipping for items that have the same options, such as paper stock, quantity, etc.

Shipping suggestions are estimated and cannot be guaranteed.

Please note: Due to size limitations, we will not ship to PO Boxes.

NEXT DAY AM/PM SERVICE SHIPPING METHOD

Next Day AM/PM delivery is available to all 50 states and Puerto Rico, with some limitations in Alaska and Hawaii (Metro Alaska and Hawaii only).

FREIGHT SERVICE SHIPPING METHOD

Please note that Lift Gate Service adds an additional fee of $75 for Freight orders. Trade Show services also add an additional fee of $125 for Freight orders. Prices are subject to change.

It is the customer’s responsibility to ensure there is truck accessibility at the destination. You must have a dock to receive the shipment. The delivery point needs to be on the ground level. If no one is available at time of delivery, shipment will be sent back and will require a re-shipping cost.

If your shipment requires a Trade Show Service but you do not select the required options upon checkout, we may charge you for those additional charges at any time. It is the customer’s responsibility to ensure all necessary services are added to the order upon checkout.

It is the customer’s responsibility to ensure there is truck accessibility at the destination. You must either have a dock to receive the shipment, or choose Lift Gate Service if you do not have a dock. If your location falls under an area with limited access, you must choose “Limited Access Locations” service. For freight orders, the delivery point needs to be on the ground level, unless you choose “Freight Not Adjacent to Vehicle (Including Inside Pickup or Delivery)” service. Lastly, if you require your shipment to be sorted or segregated, please choose “Sorting and Segregating of Shipments.”

Sorting and Segregating of Shipments or Transfer of Shipments Loaded on Pallet(s), Platform(s), Rack(s), Skid(s) or Other Similar Devices on Delivery

1. Loading and unloading services does not include any of the following services. Any request for such service shall be subject to a charge of $95.00 per shipment. Charges for these services shall be the responsibility of the party requesting the service, and if uncollectible, Carrier reserves the right to assess the charges against the payor of the freight charges. In all cases, the responsibility for payment of these charges will be irrespective of whether the shipment is prepaid or collect.

  1. Sort or segregate shipments by size, brand, flavor or other distinguishing characteristics.
  2. Assembling freight in such a manner to create a shipment.
  3. Inspecting, dismantling, packing, unpacking of any freight.
  4. When the product terms of sale requires a shipment be sorted or segregated in any manner, but the Shipper fails to tender the shipment in that manner.

2. No sorting or segregating charge will apply when:

  1. The only service performed is a count necessary to determine the extent and identity of shortages or overages as may have been ascertained by Carrier’s employee.
  2. The shipment tendered to Carrier on pallet(s) and delivery in the same palletized manner in which the freight was tendered to Carrier.

Pickup or Delivery – Limited Access Locations

1. Before attempting pickup or delivery at Limited Access Locations, Carrier must reach agreement with the consignor or consignee regarding the date and time (approximate) of such pickup or delivery. This arrangement for pickup or delivery shall be made before pickup, or tender of delivery is initially attempted, and shall include at least the following:

  1. The shipment may be delivered to the address on the bill of lading or may be picked up by the consignee at Carrier’s terminal.
  2. Carrier’s next delivery schedule for the delivery area and the delivery requirements, including:
  1. The shipment weight, number of packages and payment requirements
  2. Additional services that may be available and the respective charges, including delivery to positions not immediately adjacent to Carrier’s vehicle (item 566) and lift gate services (item 892)

2. When Carrier is requested or required to arrange for a pickup or delivery at a location with limited access, the following charge shall apply: $120.00 per shipment
3. In the case of delivery, the charge provided for in this Item will include an initial notification to make delivery arrangements. Any additional notifications will be subject to the provisions of Item 647 and assessed to the party requiring the additional notice.
4. Unless the bill of lading is specifically endorsed to show prepayment of these charges, they will be collected from the party who authorized the additional services or the party responsible for the payment of the freight charges. The charges will apply separately for pickup and separately for delivery and will be in addition to all other charges.
5. The term Limited Access Locations includes, but is not limited to the following:

  1. Churches and all houses of worship
  2. Commercial establishments not open to the walk in public during normal Business Hours
  3. Construction sites (see Note 2)
  4. Fairs and carnivals
  5. Farms and ranches
  6. Individual (Mini) storage units
  7. Military bases / installations
  8. Mine sites (see Note 3)
  9. National parks
  10. Oil fields (see Note 4)
  11. Prisons or other correctional facilities
  12. Schools with no loading dock

Other similar locations where pickup or delivery is restricted or limited (see Item 753 for Residences).

Note 1: Not applicable on Urgent shipments (as defined in Item 822) moving “out-of-network.” 
Note 2: Construction site is the site of any construction of buildings, roads or bridges or other structures including the entire property upon which the construction is taking place, and delivery to any facility (such as warehouses, depots, supply houses or similar facilities) located on such property. 
Note 3: Mine site is the site of any pit, excavation, shaft or deposit at which coal, ore or minerals is, has been, or will be extracted. Such site or “mine” shall include the entire property upon which the mine is located, and delivery to any facility (such as mine warehouses, mine deposits, mine supply house, mine tipples or similar receiving facilities) located on such property will be considered as delivery to a mine. On shipments involving stop offs, charges apply to each portion of the shipment delivered to a mine site. 
Note 4: Oil field is the site of any pit, excavation, shaft, deposit (including tar/oil sand) or rigging at which crude oil, natural gas or other fossil fuel is, has been, or will be extracted. Such site or oil field shall include the entire property upon which the site is located, and delivery to any facility (such as, but not limited to, field warehouses, field deposits, field supply house or similar receiving facilities) located on such property will be considered as delivery to an oil field. On shipments involving stop offs, charges apply to each portion of the shipment delivered to an “oil field” site. 

Please note: Shipments destined to certain zip codes will be subject to a per shipment surcharge. This surcharge will be in addition to all other applicable rates and charges, and will be added to the freight bill as a separate line item. The surcharge will be billed to and shall be the responsibility of the party who is responsible for payment of the line haul freight charges. Upon checkout, if your zip code requires a surcharge, the surcharge will be added to the total freight cost.

SHIPPING ERRORS & LOST PACKAGES

Lost or damaged claims can only be filed for shipments over $50.00 in value and can only be done within 30 days from package shipment. ParcEX is not responsible for 3rd party shipping errors, omissions or damaged shipments.

CUSTOMER SUPPLIED INCORRECT ADDRESS

When a package is not delivered due to an error made by the customer in submitting the proper shipping address, ParcEX will reship the package with corrected address and charge an additional shipping fee for the shipment.