STANDARD TERMS AND CONDITIONS

Applicability of Terms
These Standard Terms and Conditions (“Terms”) shall apply to all sales of goods (referred to herein as the “Products”) by Brown Creative, Inc. (d/b/a “Lost Luggage”) (“Seller”) to buyer ("Customer").

Prices and Payment
Except as otherwise provided by Seller in writing, Standard Products (any Products listed on Seller’s most current price list posted on Seller’s website) are to be pre-paid.  Special Order Products ((a) any Product customized by etching or screen printing, or (b) any Products with custom configurations) are priced subject to quote and are to be pre-paid.  No part of any amount due Seller hereunder may be reduced by any counterclaim, set off, adjustment or other right Customer may have against Seller, any party or otherwise. 

Order Placement and Acceptance
Except as otherwise set forth below, Customer shall place orders for Products through Seller’s e-commerce website, by phone, or by submitting a written purchase order to Seller.  All orders for Products aggregating over $5,000 must be placed with a written purchase order to Seller, which must be accepted in writing by Seller’s President, Jason Brown.  If Seller makes any modifications to Customer’s purchase order, such modification shall be noted on Seller’s written acceptance of the purchase order and shall act as a counter-offer, and Customer shall indicate its acceptance of the modified purchase order in writing to Seller. No purchase order shall be effective unless and until it has been agreed to by both parties in writing.  Orders may not be cancelled after acceptance by Seller without Seller’s written consent and at Seller’s sole discretion.

Taxes and Other Charges
Customer shall pay all taxes, fees, duties, levies or charges imposed by any governmental authority or common carrier.  Applicable sales taxes and shipping charges will be invoiced.

Delivery and Claims
For all purposes of these Terms, title and risk of loss shall pass to Customer, and delivery to Customer shall be deemed completed, upon Seller’s tender of the Products to a common carrier.  All shipments are fully insured for the benefit, and at the expense, of Customer.  In the event of loss or damage in transit, Seller will act as Customer’s agent in making any necessary insurance claims.  All delivery dates are approximate. Seller will deliver in one shipment when possible, but reserves the right to make delivery in installments, if necessary.  In the event of unreasonable delay in delivery for any cause or reason, which is not cured by delivery within twenty-one (21) days after receipt of written notice from Customer, Customer shall be entitled to cancel its purchase order and receive a refund of any monies paid to Seller.  The foregoing shall be Customer’s sole remedy for unreasonable delay or failure to deliver, and Seller shall have no other liability whatsoever to Customer for any such delay or failure.

Inspections and Returns
Customer shall inspect each Product upon receipt and shall, within five (5) days thereafter, give written notice to Seller of any error or claim that the Product does not conform with the terms of these Terms.  Neither partial shipment by Seller nor any natural or process-driven imperfections in the Products shall constitute a basis for a non-conformity claim by Customer.  Customer’s failure to give such written notice of non-conformity within the foregoing time period shall constitute Customer’s unqualified acceptance and waiver of all non-conformity claims, including any right to revoke acceptance.  Products may not be returned without Seller’s prior written consent, and at Seller’s sole discretion.  Accepted returns or cancellations are subject to the charges, terms and requirements notified in writing to Customer (which may include, without limitation, a 15% restocking fee).  No acts on the part of Seller, including but not limited to, Seller’s receipt of a returned product from Customer, shall constitute Seller’s approval and acceptance of a returned product or cancelled order, unless Seller has provided its prior written consent to Customer. 

Limited Warranty
Seller warrants all Products to be free from defects in material or workmanship under normal use for a period of ninety (90) days from the date of delivery.  During the warranty period, Products will be repaired or replaced at Seller’s sole option.  Such repair or replacement shall be Seller’s sole obligation and Customer’s sole remedy hereunder, and shall be conditioned upon Seller receiving written notice of such claimed defect prior to the expiration of the warranty period and within ten (10) days of discovery and, at Seller’s option, return of such Products to Seller, F.O.B. Seller’s facility.  The foregoing limited warranty shall be void and of no effect if the Product is not maintained or used in accordance with Seller’s instructions, or has been subject to misuse, abnormal conditions or negligent handling or operation.

WARRANTY DISCLAIMER
THE ABOVE LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES OF SELLER, EXPRESS OR IMPLIED, WRITTEN OR ORAL; SELLER DISCLAIMS AND EXCLUDES ANY IMPLIED WARRANTY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  IN NO EVENT SHALL SELLER BE LIABLE FOR LOSS OF USE, LOSS OF PROFITS, PUNITIVE DAMAGES, ATTORNEYS’ FEES AND EXPENSES, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, OR ANY OTHER DIRECT OR INDIRECT DAMAGES WHATSOEVER.  IN NO EVENT SHALL SELLER BE LIABLE FOR ANY AMOUNTS IN EXCESS OF THE PURCHASE PRICE OF ITS PRODUCTS.

Proprietary Rights
Customer acknowledges that Seller is the owner of all right, title, and interest in and to all patents, patent applications, designs, copyrights, trademarks, trade names, trade dress, and any other intellectual property rights covering the Products, including the sole right to manufacture such Products ("Intellectual Property Rights").  Except as provided in this Section, nothing in this Agreement shall give Customer any right, title, or interest in such Intellectual Property Rights.  Customer shall not (a) contest the validity or ownership of the Intellectual Property Rights; (b) modify, reverse engineer or manufacture any of the Products or (c) permit or assist any other person or entity to contest the validity or ownership of the Intellectual Property Rights or to modify, reverse engineer or manufacture any of the Products.  Notwithstanding the foregoing, Customer may use Seller's trademarks, trade names, and trade dress on a non-exclusive basis for the duration of this Agreement solely for display or advertising purposes in connection with selling the Products in accordance with the terms and conditions set forth in this Agreement and in a manner that complies with all relevant laws and regulations.  All display and advertising materials shall be approved by Seller in writing prior to use.  Customer shall comply with any guidelines for use supplied by Seller regarding use of Seller's trademarks, trade names, and trade dress and shall permit Seller to inspect Customer's facilities using connection with efforts to sell the Products in order to confirm that Customer's use of Seller's trademarks, trade names, and trade dress is in compliance with this Section. Customer further agrees that any information which is provided to Customer by Seller and identified as proprietary or confidential shall not be divulged, disclosed, or in any way distributed or used by Customer in a manner inconsistent with the terms and conditions of this Agreement.

Indemnification
To the extent permitted by law, Customer agrees to defend, indemnify and hold harmless Seller, its officers, directors and employees from and against all claims, liabilities, damages, losses and expenses, including reasonable attorney’s fees and costs of suit arising as a result of Customer’s or any of its customer’s misrepresentations regarding the Product, or as the result of any modifications to the Product by Customer or its customers.  Seller agrees to give Customer prompt notice of any third-party claims that may be indemnifiable hereunder.

Entire Agreement; Amendments
These Terms shall govern the sale of any Products by Seller to Customer and, with the identification of specific Products, quantities, prices and delivery terms set forth on a purchase order or quotation which is accepted by both parties, constitute the entire agreement between Seller and Customer and supersede all prior or contemporaneous promotional material, contracts, agreements, statements, promises, representations, warranties, purchase orders or quotations, whether written or oral.  These Terms may not be amended, altered or modified except in writing by Seller.  No other purported additions, amendments, alterations or modifications by Customer or any other person, whether oral or written shall be binding on Seller, regardless of Seller’s failure to object or Seller’s shipment of products.  In the event of a conflict between these Terms and any purchase order, quote, or other writing or communication concerning the Products, these Terms shall govern.

Governing Law; Jurisdiction and Venue; Time Limit
These Terms shall be governed by and construed according to the laws of the State of Washington, exclusive of conflicts of law provisions that would permit or require the application of the laws of a different jurisdiction.  Customer agrees that any action for enforcement of these Terms or any other dispute arising hereunder shall be filed exclusively in courts or before arbitrators sitting in King County, Washington, and Customer hereby consents and waives any objection to the jurisdiction and venue of such courts and arbitrators.  ANY ACTION HEREUNDER FOR BREACH OF WARRANTY OR CONTRACT MUST BE COMMENCED NOT LATER THAN ONE YEAR FROM THE DATE ON WHICH SUCH ACTION ACCRUES OR BE FOREVER BARRED.

Arbitration
Seller or Customer may require that any claim or dispute arising out of or related to these Terms (collectively, the “Claims”), be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”), conducted by one arbitrator sitting in King County, Washington.  If any party institutes any judicial proceeding relating to any Claim, that action shall not be a waiver of the right of any party to require submission of such Claims to arbitration.

RETURNS

Products may only be returned if you have our prior written consent. Please contact us at 1.888.LOST.456 if you desire to discuss a product return.

Personalized or custom products may not be returned under any circumstances.

All sales are subject to our Standard Terms and Conditions.

CANCELLATIONS

While we try to keep all items in stock whenever possible, the size of our studio and high quality of our product requires that we do not maintain a large inventory. Due to this fact, we must enforce a strict cancellation policy. Orders may not be cancelled after our acceptance of the order unless you have our written consent. Please contact us at 1.888.LOST.456 if you desire to discuss cancellation of your order.

We are pleased to offer product that is personalized or custom-configured to your specifications, and we encourage you to review your order carefully. Since the product is built to your specifications, the order cannot be changed, modified, or canceled once your order is in production.

All sales are subject to our Standard Terms and Conditions.

SHIPPING OPTIONS

1. UPS Ground; 1-5 Business Days. Delivery usually based on distance to destination
2. UPS 3 Day Select; 3 Business Days. Delivery by end of day
3. UPS 2nd Day Air; 2 Business Days. Delivery typically by end of day
4. UPS Next Day Air Saver; Next Business Day. Delivery typically by 3:00 p.m.
5. UPS Next Day Air; Next Business Day. Delivery typically by 10:30 a.m.
6. UPS Next Day Air Early A.M.; Next Business Day. Delivery as early as 8:00 a.m. based on location. See which Early A.M. delivery times are available in your area.

1. UPS Worldwide Expedited; 2-5 Business Days
2. UPS Standard to Canada; Dependent upon origin and location
3. UPS Worldwide Express; 1-2 Business Days
4. USPS Global Express Mail®; 3-5 Days depending on location.
   To calculate your USPS international shipping costs, visit USPS.com and use the zip code 98109 as the point of origin. We will add a 15% charge for handling and a $10 packaging/box fee.

Signature is required for delivery: Most of our shipments contain very valuable products. If you will not be at the shipping address to accept delivery of your product, consider shipping the item to an address where someone you trust will be available to sign for your package. Please note that we are not able to adjust the shipping address once a package has left Lost Luggage's warehouse. Title and risk of loss to all products will pass to you upon our tender of products to a common carrier.

Undeliverable Packages: Occasionally packages are returned to us as undeliverable. When the carrier returns an undeliverable package to us, please contact us to make arrangements for reshipment.

Failed Delivery Attempts: Most of our carriers make three attempts to deliver a package. After three delivery attempts, the package will be returned to us.

All sales are subject to our Standard Terms and Conditions.

LEADTIMES

The leadtimes below are estimates based on average product availability, product production, materials supply and payment processing time. These leadtimes do not include transit time. Your order will not be placed into production until we receive all the information we need and full payment or a full authorization, and the "Order Placement and Acceptance" provisions of our Standard Terms & Conditions have been satisfied.

Standard products without personalization
We have flexible leadtimes to help you meet your deadlines.
Standard product leadtime options for in-stock products (before shipping):
  5 Business Days - FREE
  2 Business Days - $100 or 10%, whichever is greater
  1 Business Day or Overnight - $150 or 10%, whichever is greater

Standard products with personalization
Our personalization is done with exquisite care, even though our leadtimes are flexible and quick.
Standard product leadtime options (before shipping) for products with personalization:
  7 Business Days (after receipt of accepted artwork) - FREE
  4 Business Days (after receipt of accepted artwork) - $200 or 10%, whichever is greater
  3 Business Days or Less (after receipt of accepted artwork) - Product prices and service charges double.

Customized products and large quantity orders
For custom products or quantities of over 10 books, bags or slipcases, please request a lead time by emailing info@lost-luggage or calling 888.LOST.456.

Important! The following may affect your leadtime:
  Deadline for submitting your order is 12:00 noon PST
  Leadtime includes business days only - weekends and holidays do not apply
  Timely response to the Layout Approval is necessary to maintain leadtime schedule
  PDF proofs add one business day
  Resubmissions/changes add at least one business day, in addition to incurring an additional $75 fee
  Unanticipated changes in our materials supply can affect product availability.

Have a question about leadtime? Call us at 888.LOST.456.

Further details about leadtimes are outlined in our Standard Terms and Conditions.

ORDER PROCESSING

Orders placed on the weekend or on a holiday will begin payment processing the next business day.

Business days are Monday through Friday, excluding any holidays recognized by Lost Luggage.

Unanticipated changes in supply can affect product availability.

The due date on your order is an estimate based on average product availability, product production, materials supply and payment processing time. This due date does not include transit time. Your order will not be placed into productions until we receive all the information we need, full payment or a full authorization, and the "order placement and acceptance provisions of our standard terms and conditions have been satisfied.

All sales are subject to our Standard Terms and Conditions.

DAMAGE POLICY

Please note that every Lost Luggage product(s) is carefully inspected before leaving our shipping department and rejected if damage or defects aredetected. We insure all shipments for the benefit and at the expense of the buyer. In the event of loss or damage in transit, we will act as the buyer's agent in making any insurance claims.

Furthermore, once the product(s) is delivered, it's the responsibility of the recipient to inspect the contents for damage caused while in transit, within 5 days after receipt of the product(s). Lost Luggage is not responsible to claim any damaged product(s), if recipient has not inspected the package(s) and notified Lost Luggage within the indicated 5 days.

If damaged has occurred, please call Lost Luggage within 5 days after receipt of the product(s) at 1.888.LOST456. DO NOT RETURN SHIPMENT OR DISCARD PACKAGING. Lost Luggage will contact the shipping carrier and schedule an examination of the package. Lost Luggage will charge for replacement product(s), which are subject to our standard pricing and lead times as well as shipping charges. If the claim is finalized and approved a credit will be issued for the amount of the damaged product(s) and shipping costs associated with that shipment.

All sales are subject to our Standard Terms and Conditions.

Self Shipper Disclaimer: Damage to the Self Shipper or items contained in the Self Shipper while in transit is outside of our control and is not covered under our limited warranty. Other standard terms and conditions apply.

REFUNDS

In the event of a refund, store credit will be given.

LEGAL NOTICE

© Lost Luggage 2006-2010.

Hinge configuration is a registered trademark of LOST LUGGAGE.

LOST LUGGAGE is a division of Brown Creative, Inc.