Terms and Conditions

Terms & Conditions

Before continuing with the checkout process, you must agree to the following Terms & Conditions of Sale:

PURCHASING AGREEMENT

The limit of the responsibility of Marker Factory.com and its affiliates (the “Seller”) for all purchases that you make through the Seller web site (this “Site”) is expressed in this binding Purchasing Agreement, bound by the Terms and Conditions of Sale and the Terms of Use for this Site, which are incorporated herein by reference, and they may be amended from time to time. When purchasing a product, you (the “Buyer”) agree to all of these terms and conditions by clicking on the “I agree” button.

These Terms and Conditions of Sale constitute the entire agreement between the Seller and the Buyer and may be changed only by the written authorization of a properly authorized representative of the Seller. Buyer hereby agrees that there are no conflicting terms and conditions on the Buyers Purchase order.

YOUR ORDERS

Your orders and overall satisfaction are very important to us. If you have any questions or comments, please send an e-mail to our Customer Service Department

All orders received are acknowledged via e-mail, with expected shipping date and prices.

When orders are shipped, we will send you a notification via e-mail. If the order is shipped via UPS, the notification will include a tracking number.

PRICES & PAYMENTS

All prices listed on the Site are subject to change without notice. Pricing errors may be corrected at any time. The Seller may at any time and without obligation, suspend performance or require payment in cash when, in the sole opinion of the Seller, the circumstances warrant such action.

Prices listed are FOB factory unless otherwise stated, and do not include sales tax.

Unless arrangements have been made in advance through a duly designated representative of Marker Factory, payment for your order must be made via credit card at the time of purchase. Invoice will be sent with your shipment. If you wish to receive an invoice by e-mail, you may request it by contacting us at our Customer Service Department.

Customers who would like to establish corporate accounts (30 days terms, place blanket orders, or negotiate annual purchasing agreements) are encouraged to contact our friendly Sales Department to make specific arrangements. Credit check, minimum order quantities and other conditions may apply.

TAXES AND DUTIES

The Buyer will be charged all applicable taxes and duties. If the purchase is tax exempt, the Buyer must provide the Seller with an exemption certificate.

SHIPPING & HANDLING

Most orders are shipped via UPS ground to the 48 contiguous states and most parts of Canada. Please allow appropriate delivery time (for orders to Hawaii, Alaska and Puerto Rico, please see “International Orders” below).

Shipping dates given by Seller are not binding. We do ship most orders within one working day of receipt, and we use our best efforts to meet scheduled dates, but cannot guarantee to do so. Sellers failure to meet a scheduled date does not entitle Buyer to damages of any sort.

Shipping methods can be upgraded at your discretion at an additional charge. Some markers are considered flammable liquids so be advised that some restrictions and additional charges will apply when shipping these items by air.

Risk of loss: products are sold FOB factory. It is the Buyers responsibility to process claims of loss or damage with carriers.

INTERNATIONAL ORDERS

Orders for locations outside the 48 contiguous states and most parts of Canada are dealt on an individual basis. If you are an international customer, you may place your order by sending an e-mail to the good people in our Sales Department, and we will contact you with cost and estimated shipping charges prior to shipping, and wait for your approval.

RETURNS

All returns will require our written authorization. Please contact the Customer Service Department for an RMA number. Items returned without an RMA number will be returned to Buyer. Items must be returned freight prepaid, in original containers, and in full lots only within 30 days of receipt. Returned items are subject to a 20% restocking charge and to our inspection. Please see our limited warranty below.

LIMITED WARRANTY

Products are warranted to be free from defects in material and workmanship at the time of purchase. Seller has no control over the use, transportation or storage of our products; therefore we cannot assume any responsibility or liability in connection with the use, or inability to use them. This warranty is in lieu of all other warranties, expressed or implied: we will replace to the original purchaser all products proved to be defective within one year from the date of purchase. Any other warranty, including, without limitation, any warranty of merchantability, or fitness for a particular purpose is hereby disclaimed. We specifically disclaim and exclude any liability for indirect, special or consequential damages. All statements and technical information provided are based on tests and sources that we believe to be reliable, but their accuracy is not guaranteed: buyers are encouraged to test our products for their intended use and make their own decision of suitability. Our warranty does not cover defects that are not reported on a timely basis, or defects arising from improper use, storage, modification, or other tampering with the product.

PRIVACY POLICY

We respect your privacy and any personal information gathered on our website will be kept in the strictest confidence. We will never voluntarily distribute said information to any company or individual without your express written consent. The information will be used solely to ensure that you receive your order in a timely manner and that we receive payment for our products. If you feel we have failed to live up to this policy, please contact us immediately.