Terms & Conditions

PLEASE READ OUR TERMS AND CONDITIONS CAREFULLY. BY STARTING AND/OR PLACING AN ORDER WITH US, YOU AGREE TO BE BOUND BY OUR TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE BY US, WITHOUT NOTICE AND IN OUR SOLE AND ABSOLUTE DISCRETION. OUR TERMS AND CONDITIONS APPLY TO AND CONTROL ANY AND ALL ORDERS, SALES AND OTHER TRANSATIONS AND COMMUNICATIONS BETWEEN US AND YOU, INCLUDING BUT NOT LIMITED TO, ANY AND ALL REQUESTS FOR QUOTATION, QUOTATIONS, INVOICES, PURCHASE ORDERS, EMAILS, AND ALL OTHER DOCUMENTS, CORRESPONDENCE AND FORMS. ALL ORDERS, SALES AND OTHER TRANSACTIONS PERTAINING TO GOODS OFFERED FOR SALE OR SOLD BY US ARE EXPRESSLY LIMITED TO, AND MADE CONDITIONAL UPON, OUR TERMS AND CONDITIONS. WE DO NOT AGREE OR CONSENT TO THE IMPOSITION BY YOU OF ANY TERMS AND CONDITIONS THAT CONFLICT WITH, ARE IN ADDITION TO, OR, IN ANY WAY, ARE DIFFERENT FROM OUR TERMS AND CONDITIONS, WHETHER SUCH OTHER TERMS AND CONDITIONS ARE IN A REQUEST FOR QUOTATION, QUOTATION, INVOICE, PURCHASE ORDER, EMAIL, OR ANY OTHER DOCUMENT, CORRESPONDENCE OR FORM. ALL SUCH OTHER TERMS AND CONDITIONS ARE HEREBY REJECTED AND SHALL BE VOID AND OF NO EFFECT.

CUSTOM ORDERS

We produce goods with map designs customized according to your specifications (“Your Custom Printed Product(s)”) which can also be imprinted with your name, logo or other designation (“Your Logo”).
Due to the nature of our business, once Your Custom Printed Products are produced, such Products have no value to anyone other than to you—the entity or individual who placed the order. Your Custom Printed Products cannot be restocked.
All orders are accepted with the understanding that they are subject to our then current manufacturing schedules and to government regulations, orders, directives, and restrictions that are in effect or may be put into effect from time to time.
Any price quotation or other estimate provided by use relating to a proposed or possible order, is not a firm offer and may be changed or revoked by us at any time

MAKING AN ORDER/CONFIRMATION OF ORDER

The ordering process may be started through the website, www.MaptGear.com, or via email or telephone communication, subject to written confirmation. Commercial distributors are required to create an account before being able to access special pricing and marketing materials. Commercial distributor accounts can be requested here.
Retail customers are not required to create an account to place an order.
You will receive an order confirmation/receipt via e-mail shortly after an order is placed. Please review the e-mail carefully to ensure that all the information is accurate and if it is, reply to the order confirming same.
For any corrections or concerns relating to the order, reply to that email setting forth the specific corrections or concerns, so that we may promptly correct any information prior to proceeding with processing of the order and otherwise address your concerns.
Once we have confirmation from you that an order is accurate, we will proceed to the next stage of the process—the preliminary proof—as set forth immediately below.

PRELIMINARY PROOF

After an order is complete, clear and confirmed by us and you provide us with the information stated immediately below, we will provide you, at no charge, with a preliminary proof (“Preliminary Proof”), in electronic form, of the display of Your Custom Printed Products.
In order to generate a Preliminary Proof, you must:
- Select (a) a specific product on which the map is to be displayed, (b) a specific map, and (c) a specific style for the map display;
- Select an area from the chosen map (the “Map Area”) which you wish to be displayed on the selected product;
- If you want to have one or more “pinpoint” locations displayed in the Map Area, select a specific location (or locations) on that Map Area where you wish the “pinpoint” to be displayed. A “pinpoint” is a graphical element denoting the location(s) on the Map Area the customer wishes to call out;
- If you want to have Your Logo displayed on Your Custom Printed Products, provide Your Logo to be used for that purpose; and
- Select where you wish Your Logo to be displayed on the map as shown on Your Custom Printed Products: (a) top—center, left or right; (b) middle—center, left or right; (c) bottom—center, left or right; or (d) center.
The Preliminary Proof will show a general impression of: the map style, the Map Area, the pinpoints (if any are ordered), and the display of Your Logo (if such Logo display was ordered). We will seek to provide the Preliminary Proof within five (5) business days after we receive a complete and clear order, which includes but is not necessarily limited to the information stated immediately above. However, that timeframe cannot be guaranteed.
If, in our opinion, any part of the order form or other information is not complete or clear, we cannot begin the processing of the Preliminary Proof. In such cases, we will contact you to complete and/or clarify the order form and other information. Once that has been achieved to our satisfaction, we will provide a Preliminary Proof as stated above.
The Preliminary Proof will be sent to the email address associated with the order.
- After we provide you with the Preliminary Proof, you should carefully review the custom imagery and its display and all other details and information relating to the order.
- If changes are desired to the Preliminary Proof, you must specify to us, in writing, what those are. There will be charges for an additional Proof, which shall be determined in our sole discretion and shall be paid before an additional Preliminary Proof is generated.
- Once those changes are made to your satisfaction or if no other changes are desired, you must notify us, in writing, that the Preliminary Proof is approved.
- Once the Preliminary Proof has been approved, if you ask for any changes thereto, including but not limited to design changes, such changes may require the design approval process to begin again, which is to be decided in our sole discretion. Should the design approval process have to begin again after the Preliminary Proof has been approved, there will be additional charges, to be determined in our discretion.
This Preliminary Proof is not intended to be, nor should it be taken as, an exact representation of how the final product will appear on Your Custom Printed Products. It is provided as a courtesy to give a general impression of the graphics you have selected and to allow you to correct errors in such graphics before the order process proceeds further.

CAD IMAGE

Once we have your written approval of the Preliminary Proof, we will create a CAD for your approval showing in greater detail how the custom imagery will look on Your Custom Printed Products. A “CAD” is a representative rendering of the graphical elements as they will appear on the selected Product. There is a fee per CAD, which currently is $120 although that amount is subject to change. If you are interested in having a CAD produced, kindly contact us and we will confirm the amount of all then current fees. Those fees must be paid before the CAD is produced.
The CAD will be sent to the email address associated with the order.
After we provide you with the CAD, you should carefully review the custom imagery and its display and all other details and information relating to the order.
If changes to the CAD are desired, additional fees will apply for the production of a new CAD. We will provide such fees to you in the event such circumstances arise.
If you desire changes to the CAD, you must specify to us, in writing, what those are.
Once those changes are made to your satisfaction or if no changes are desired, you must notify us, in writing, that the CAD is approved.
Once the CAD has been approved, if you ask for any changes thereto, including but not limited to design changes, such changes may require the design approval process to begin again, which is to be decided in our sole discretion. Should the design approval process have to begin again after the CAD has been approved, there will be additional charges, to be determined in our discretion.
A CAD will be produced promptly after we receive both your written approval of the Preliminary Proof and payment of all CAD fees. We will use our best efforts 4 to provide the CAD within five (5) business days after we receive such approval and fees, although that timeframe cannot be guaranteed.

PREPRODUCTION SAMPLE

Once a CAD has been approved by you in writing and confirmed by us, we will move to the next stage of the process which is: providing one representative preproduction sample of Your Custom Printed Product (the “Preproduction Sample”) and finalizing a purchase order for the full order (the “Purchase Order”), both for your approval.
There is a fee for each Preproduction Sample. The amount for such Sample(s) must be paid in full before the Preproduction Sample is made. Please contact us for Preproduction Sample costs.
If the Sample is to be produced overseas, the Preproduction Sample cost includes the cost of airfare from the overseas factory to our current warehouse(s), one of which is currently in New Jersey, or we may, in our discretion, decide to use warehouses in other locations. All shipping costs from that warehouse to your chosen destination are your responsibility and must be paid in full before shipment of such Sample(s) will be made.
All Preproduction Samples are subject to scheduling with the factory making the Sample and the availability of materials. Accordingly, precise turnaround times on such Samples cannot not be provided in advance. We, however, will seek to have the Preproduction Sample made promptly although that cannot be guaranteed.

PRODUCTION OF FULL ORDER

Once you have received the representative Preproduction Sample, you should examine such Sample in detail. If there are any details not conforming to the prior CAD and other written specifications that have been confirmed by us as having been received and agreed to, it is your responsibility to advise us of such details.
We will not proceed with production of the full order unless and until we have received written confirmation from you that the Preproduction Sample and Purchase Order are both approved and, also, have received payment as specified immediately below.
Production of the full order will not begin until we have received a payment of fifty percent (50%) of the amount set forth on the Purchase Order. The remaining fifty percent (50%) balance is due before the order is packaged for shipping. Both payments are non-refundable.
There is very little opportunity to make any changes to the order once the representative Preproduction Sample has been approved. If production of the full order has not yet begun, it may be possible to place a stop on full production going forward and then make changes to the order, but the feasibility of doing so is in our sole discretion.
If we decide that it is feasible to stop full production from going forward, any changes to the order, including but not limited to design changes, will require the design approval process to begin again. This means that we may decide, in our sole discretion, that it is necessary to produce a new preliminary proof, CAD and/or preproduction sample for your approval before full production can begin. In the event that a new proof, CAD and/or preproduction sample are needed, there will be additional charges relating thereto and, in the case of a sample, there will also be charges for shipping. All such charges must be paid by you before full production is begun. In addition, changes to the order and/or the restarting of the design approval process will result in more lead time prior to the commencement of full production.
Once full production of the order has begun, it is not possible to make any changes to the order.

PAYMENT

Where sales taxes are due, they will be added to the Purchase Order as a charge to be paid by you. Prices are subject to change without notice except in the case where a Preproduction Sample has been approved and we have received the fifty percent (50%) deposit within thirty (30) days of that Sample approval.
However, if we did not receive such deposit within thirty (30) days of Sample Approval, there is the possibility that the prices have changed, which shall be determined in our sole discretion. If prices have changed, we will issue a new purchase order.
Once production has been completed, you shall be notified by email. The full order will not ship until the remaining fifty percent (50%) balance has been paid and received by us.
The aforesaid fifty percent (50%) balance is to be paid within five (5) business days of such notification. In the event the balance is not paid in that timeframe, then the past due amounts are subject to service charges of one-and-a-half (1.5) percent per month and we may at any time thereafter suspend shipments, demand cash payments in advance, or terminate any contract in total, and you shall be liable for all costs incurred by us including, but not limited to, attorney fees and collection agency fees.

CANCELLATION POLICY

An order, once placed with and accepted by us, can only be cancelled with our consent, in writing, and upon terms that will protect and indemnify us against loss.
No order may be cancelled if production has already begun.
If an order is cancelled before production has begun, fifteen percent (15%) of the order will not be refundable. That amount is to cover costs incurred by us up to the notice of cancellation, which may include but not be limited to artwork and set-up costs. Also, if the screens have already been created for your order, in addition to the fifteen percent (15%) mentioned above, you will incur an additional fee for the costs of creating the screens, which costs vary by factory and product involved.

RETURN POLICY

Once an order is placed, we have a no refund policy. Thus, all Your Custom Printed Products are not subject to return for credit, refund or replacement. This policy is the industry standard for customized products, which dictates a no return and a no refund policy with the exception of items that have clear production defects.
All Your Custom Printed Products must be inspected upon your receipt. If you receive an order including items claimed to have production defects, you must contact us within five (5) business days of receiving your order. If within the aforesaid five (5) business days, you do not provide written notification of the specific issues, the order will be deemed complete and accepted by you and all claims or potential claims for production flaws, shortages, and other issues of every and any kind shall be deemed waived and released by you.
In no event should any of Your Custom Printed Products be returned to us without first obtaining our return authorization. As a first step, within the timeframe stated above, you should notify us via email, stating full particulars as to the items claimed to have production defects. We require photographic evidence of each and every item claimed to have production defects. We also have the right to require that all such items be returned to us for further inspection.
If we authorize the return of products that you contend have production defects, such goods must be securely packed by you in order to reach us without damage and returned through a carrier we authorize. If we have authorized the return as set forth above, we will be responsible for reimbursing you for the return shipping cost provided that upon our receipt and direct visual examination of the products, we deem them, in our sole and absolute discretion, to have clear production defects. If upon direct, visual examination, we determine that any or all of the products returned to us do not have such production defects, you shall be responsible for all associated shipping costs.
We will, at our sole option, either replace the goods we determine have clear production defects, upon their return and inspection by us, or refund the purchase price of such goods.

SHIPPING POLICY

We will use commercially reasonable efforts to ship the full order by your desired ship date, but we do not guarantee ship dates and we are not responsible for delays in delivery due to inclement weather, customs or other causes beyond our control. Some of our products, including representative preproduction samples are made overseas; some are made in the United States. For those made overseas, shipping takes more time and costs more. A customer may be given the option of choosing shipping by air or sea. In the event that air is chosen, higher shipping prices will apply. Air and sea shipping charges will be included in the price quotes for the full order.
When you place the order, one of our representatives will discuss shipping details and associated charges with you.
We do not ship, or arrange for shipment, on weekends or holidays.
We do not guarantee what a shipping carrier does with your order after it leaves our warehouse or the production facility or guarantee that the carrier delivers the order by a certain date or time. Delivery is up to the individual carrier of an order. If a carrier does 7 not deliver in time for an event or other time sensitive use, we are not responsible for any loss or damages you may incur.

SHIPPING DAMAGE

We are not responsible for, and cannot be held liable for, any damage to the products after it leaves our warehouse(s) for delivery to you.
All Your Custom Printed Products must be inspected by you at the time of delivery for any damage that may have occurred in transit.
It is your responsibility to file a claim with the carrier. We are happy to provide any information needed for you claim.
Damaged shipments should be signed for as “damaged” on the carrier’s delivery record at the time the shipment is received by you. We must be notified immediately of the damage with the carrier name, package tracking number and inventory of damaged items.
If your shipment is damaged, please provide us with pictures of the unopened shipment, pictures of the damaged product(s), and a description of the product that was damaged. The original box and packaging should also be held by you as the carrier may want to inspect same.
We do not offer refunds or discounts on products delayed or damaged in shipping.
We strongly suggest you purchase insurance from your shipping carrier to cover the costs of Your Custom Printed Products in the event of damage in shipping.

FORCE MAJEURE

We are not liable or in breach of contract due to force majeure, an event or effect that cannot be reasonably anticipated or controlled. Without limiting the generality of the foregoing, Force Majeure events include acts of God, war, terrorist acts, criminal acts, embargos, natural disasters, weather conditions, fires, earthquakes, worker strikes, work place lockouts, health epidemics, riots, power failures, water shortages, lack of or inability to obtain labor or materials for the goods, and circumstances resulting from compliance with any law or other governmental action, requirements, regulations or restrictions. Force majeure events may result in production or delivery delays or cancellations by us of orders.

INTELLECTUAL PROPERTY

You represent and warrant to us that all materials provided by you to us in connection with Your Custom Printed Products, including but not limited to Your Logo, do not infringe on any patent, trademark, copyright or other proprietary or analogous right, at common law or otherwise, of any third party and do not relate or give rise to a claim of infringement, unfair trade practices, unfair competition or other related or analogous causes of action. In addition to other remedies afforded to us, you shall indemnify and hold us harmless from, and release and not make claims or suits against us because of, any and all suits, claims, losses, expenses (including reasonable attorney fees), or other liability made against or suffered by us and/or you arising from or relating to claims of infringement of patent, trademark, copyright or other proprietary or analogous right, at common law or otherwise, and/or claims of unfair trade practices, unfair competition or other related or analogous 8 cause of action, resulting from, or occasioned by the use, possession, sale, or delivery of Your Custom Printed Products.

WARRANTY

Claims for Your Custom Printed Products that contain production defects, for shortages in the order, and for any and all other causes and reasons, shall be deemed waived and released by you unless made in writing to us within five (5) business days after arrival of Your Custom Printed Products. We warrant that we will convey good title to the goods free from any valid security interest, lien, or other encumbrance unknown to you. Goods furnished by us are subject to our standard tolerances for variations. WE MAKE NO WARRANTIES EXPRESSED OR IMPLIED, INCLUDING WARRANTIES AS TO THE GOODS, THEIR MERCHANTABILITY AND THEIR FITNESS FOR ANY PARTICULAR USE OR PURPOSE, AND SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, DIRECT OR INDIRECT, OR ARISING FROM THE USE OF SUCH GOODS, OR FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

DISCLAIMER OF CONSEQUENTIAL DAMAGES

IN NO EVENT SHALL WE, THE SELLER, BE LIABLE FOR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY TRANSACTION INVOLVING THE GOODS PROVIDED OR SOLD BY US, INCLUDING WITHOUT LIMITATION, BREACH OF ANY OBLIGATION IMPOSED ON US HEREUNDER OR IN CONNECTION HEREWITH. CONSEQUENTIAL DAMAGES FOR PURPOSES HEREOF SHALL INCLUDE, WITHOUT LIMITATION, LOSS OF USE, INCOME OR PROFIT, OR LOSSES SUSTAINED AS THE RESULT OF DELAY, INJURY (INCLUDING DEATH TO ANY PERSON), OR LOSS OF OR DAMAGE TO PROPERTY (INCLUDING WITHOUT LIMITATION PROPERTY HANDLED BY THE USE OF THE GOODS). YOU HEREBY INDEMNIFY US AGAINST ALL LIABILITY, COST OR EXPENSE WHICH IS OR MAY BE SUSTAINED BY US ON ACCOUNT OF ANY SUCH LOSS, DAMAGE OR INJURY CAUSED BY OR RELATED TO YOUR ACTIONS AND/OR ANY TRANSACTION INVOLVING THE GOODS PROVIDED OR SOLD BY US.

LIMITATIONS OF LIABILITY

OUR LIABILITY (WHETHER UNDER THE THEORIES OF BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE, OR STRICT LIABILITY) FOR OUR GOODS SHALL BE LIMITED, AT OUR SOLE AND EXCLUSIVE OPTION, TO REPAIRING OR REPLACING GOODS DETERMINED TO HAVE FACTORY DEFECTS OR TO REFUNDING THE PURCHASE PRICE OF SUCH GOODS, ALL OF WHICH SHALL BE IN ACCORDANCE WITH THE TERMS AND CONDITIONS HEREUNDER INCLUDING BUT NOT LIMITED TO OUR “RETURN POLICY”.

ENTIRE AGREEMENT

The Terms and Conditions set forth herein shall constitute the entire agreement between us. No other documents, forms of agreement, statements, correspondence, or other terms shall modify, amend or affect the terms hereof, except that the specific quantity of goods ordered by you and all associated fees and charges as well as all changes that we disclose or provide to you during the ordering process shall be deemed to be included in the Terms and Conditions. No changes to these Terms and Conditions shall be valid unless approved 9 by us, and these Terms and Conditions govern and control any and all transaction(s) between us and you. No waiver by us of a breach of any provision hereof shall constitute a waiver of any other breach of such provision or any other provision.

GOVERNING LAW/SEVERABILITY/FORUM

You hereby agree that any dispute arising from or relating to this Agreement and/or to a sales order, invoice or other matter relating to any goods purchased hereunder shall be governed by and according to the laws of the State of New York without regard to rules governing conflict of laws. You further hereby consent to the exclusive jurisdiction of the courts of the State of New York, County of Westchester, and that any action to enforce or interpret this Agreement, any invoice and/or order related hereto and/or any other related transaction or any portion hereof shall be exclusively commenced and prosecuted in the courts of the State of New York, County of Westchester.

ASSIGNMENT

Any and all orders placed with us are not assignable by you in whole or part without our prior written consent.