CleggPromo – Sound, Light & Fun
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Safety and Compliance

Ordering Custom Products, Safety

Placing Orders:
All orders and all changes to orders must be submitted in writing (mail, fax, e-mail).

Packaging:
Any special packaging requirements must be confirmed in writing on your purchase order.

Production Time:
Begins upon receipt of purchase order and approved art.  Contact factory for additional information and rush services that are available.

Returns & Claims:
Returns must be made within 10 days of receipt of goods and be accompanied with a Return Merchandise Authorization Number (contact factory). At its sole discretion, Clegg shall have the right to give credit, repair or replace any product returned according to instructions given when RMA is assigned and confirmed to be defective. Clegg shall not be liable for any incidental or consequential damages resulting from any alleged breachor failing of Clegg.

Art Charges:
If the artwork requires revision, an alteration fee of $60 (v) per hour will be applied. You will be notified of any additional art charges before work proceeds.
We will make every attempt to deliver on original in-hand dates.

Matchprints/Proof:
Should you require an actual color proof for our offset printed products, we will provide a matchprint proof to show accurate colors, size and position.  Please check the matchprint for  accurate positioning of all elements, and submit written approval and/or revisions with the return of the matchprint.
See specific product for pricing.

Sound Studio:
Take advantage of Clegg’s sound studio and voice over talent. To create your own custom sound or message: $250 (x) per hour. See page 95 for instructions on submitting custom sound

Overruns/Underruns:
While we attempt to ship exact quantities, we reserve the right to ship 5% over or under

General Requirements & Safety-Related Information

U.S. Customs Copyrights Compliance:
For all overseas production which includes an imprinted copyrighted corporate logo or message, U.S. Customs requires an “authorization to release” letter upon submission of purchase order and prior to final delivery.
1. End user to provide authorization on company letterhead.
2. Letter must specify the logo or message, quantity and arrival date.
3. Clegg customer service will contact you with any other requirements.

Suitability Of Products, Safety and Limitation On Warranties:
In general, CleggPromo products are intended to be used solely by adults as promotional products that are sold through a business to business channel.  Most of CleggPromo’s products have not been tested for any particular use other than as promotional products to be used by adults.  Certain uses, including any children’s promotions or promotions involving food, will require additional environmental or safety testing.  If your promotion is intended for children or relates to food, please notify your CleggPromo Rep so we can review costs and lead times for further testing.

For promotions directed specifically to children, CleggPromo offers a limited number of products that have been tested for children as appropriate under federal regulations including ASTM F963: lighted pens, bracelets, rings, necklaces, strobes, wands, yoyos, balls and wind-up toys and puzzles. Please check www.cleggpromo.com for additional safety information.

DETERMINATION OF SUITABILITY OF OUR PRODUCT FOR THE INTENDED USE IS OUR DISTRIBUTORS’ RESPONSIBILITY.  CLEGGPROMO SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM ANY PROJECT. AT ITS SOLE DISCRETION, CLEGGPROMO SHALL HAVE THE RIGHT TO GIVE A CREDIT OR REPAIR/REPLACE ANY NON-CONFORMING GOODS. THIS WARRANTY IS THE EXCLUSIVE REMEDY AVAILABLE TO ALL CUSTOMERS AND, TO THE EXTENT ALLOWED BY LAW, ALL OTHER WARRANTIES ARE HEREBY DISCLAIMED.

Arbitration:
Any dispute or claim between the parties hereto in any way related to or arising out of this Agreement or this project shall, upon the written request of one party served on the other, be submitted to arbitration, and such arbitration shall comply with and be governed by the provisions of California Code of Civil Procedure Sections 1282 through 1294.2. Costs and Attorneys’ Fees: In the event of any dispute with respect to the terms of this Agreement, the prevailing party shall be entitled to all of its costs and attorneys’ fees (including arbitrators’ fees, reasonable attorneys’ fees and expert witnesses’ fees, if any) in resolving the dispute.

Clegg has not sought clearance for any custom art, music or sound in connection with this project. As the supplier, Clegg assumes that you have obtained all of the appropriate rights for the project.

Safety

U.S. Printing:
The vast majority of our orders are printed at our factory in Gardena, California.  The inks and paints we use are made in the U.S. and are tested for compliance with all applicable Federal and State regulations.  This includes lead, cadmium and phthalate contents.

Testing Facilities:
 
CLEGGPROMO has strong working relationships with several third-party laboratories that are fully accredited by the U.S. Consumer Product Safety Commission.  Full product evaluations, including regulatory verification and custom test protocols, are available upon customer request.  Pricing and lead-time will be confirmed on a case-by-case basis.

California Proposition 65:
CLEGGPROMO is committed to providing our customers with high quality, and safe products that meet all applicable regulatory requirements as enforced by the U.S. Food and Drug Administration, the Consumer Product Safety Commission, and the Federal Communications Commission.

California also subjects products to Proposition 65, known as the “Safe Drinking Water and Toxic Enforcement Act of 1986.”  CA Prop 65 requires the State of California to publish a list of chemicals known to cause cancer or birth defects or other reproductive harm. All products sold or distributed within California that contain a listed chemical must comply with Prop 65 requirements for risk exposure and/or labeling.

Even though safe harbor limits are associated with each of the chemicals listed, Prop 65 does not include regulatory limits for the amount of chemical that would be contained in the product.  Therefore, CLEGGPROMO does not test for all 850+ chemicals on the list.

To avoid liabilities for products shipped to California, a warning label can be added that reads “WARNING: This product may contain chemicals known to the state of California to cause cancer, birth defects or other reproductive harm.”  Please advise your CLEGGPROMO account manager if such a label is required for a specific order.

Please speak with your CLEGGPROMO representative for more details, or to discuss specific needs.

ASI 45450, PPAI 111692, SAGE 50715