Terms and Conditions

This section sets forth the Terms and Conditions of sale for Lungsal International, Inc. (Lungsal). Lungsal reserves the right to update or modify these Terms and Conditions at any time and without prior notice. By placing an order with Lungsal, the purchasing party (Purchaser) agrees to follow and be bound by the following Terms and Conditions.

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General Terms

All prices and services featured on Lungsal's website and catalogs are quoted in U.S. Dollars, are valid and effective only in the U.S. Every effort has been made to ensure the accuracy of prices, item numbers, availability and dimensions; however, Lungsal is not responsible for typographical errors. Lungsal reserves the right to correct any errors or omissions. The total order amount, including tax and delivery charges will be charged to Purchaser's credit card in full at the time the order is placed.

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Artworks

  • All artwork submissions should be in Adobe Illustrator, PDF, EPS, TIF, or CorelDraw format at 300 dpi or higher.
  • Purchaser accepts that any alterations to the art will be charged $40.00(v) per logo.
  • Lungsal will only keep the artwork on file for a maximum of 2 years for all repeat orders.
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Order Acknowledgement

All orders are acknowledged via email or fax. All changes must be confirmed in writing. All new or repeat orders will receive a final proof within a reasonable amount of time from Lungsal by email or fax. Purchaser accepts full responsibility to follow up with a final proof approval after Purchaser receives the final proof. Lungsal will not be responsible for any delayed shipment due to the fact that final proof approval was not received from the Purchaser.

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Changes or Cancellations

All changes or cancellations of any completed or processed order(s) must be authorized by Lungsal and Lungsal reserves the right to charge a cancellation fee up to the amount of all costs incurred to date.

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Sample/Proofs

  • Paper Proof:Signature is required to begin production. All paper proof must be reviewed carefully. Lungsal is not liable for any incorrect artwork or layout once it's approved.
  • Spec/Pre-Production Samples: Highly recommended for large quantity orders or PMS color matching orders. $40.00 (v) charge per color/position on laser or silkscreen plus product cost and shipping. PMS match will be $40.00 (v) per color (exact matches are not guaranteed).
  • Random/Blank Samples: With sufficient inventory, Lungsal will ship within 48 hours and charge Purchaser shipping cost. Up to 5 pen samples can be requested at no charge if a shipper account is provided. All sample requests must be faxed/emailed to ensure accuracy. Purchaser's accepts the duty to follow up on the sample request if no confirmation is received within 24 hours or if further information is necessary to fulfill the request.
  • Repeat Orders: $25.00 (v) per color/position. Purchaser agrees to reference previous purchase order when placing orders.
  • Personalization: Setup is $40.00 (v) plus $1.00 (v) laser running charge per name. No minimum quantity for personalization. Stock engraving style available: Arial, Times New Roman, Times New Roman Italic, Script
  • Emailed Paper Proofs: Lungsal will furnish PDF or JPEG (black & white) virtual proofs at no charge.
  • Virtual/Digital-Samples: A Virtual Sample is a computer generated sample in PDF or JPEG format via e-mail. A virtual sample's color and size may vary with the actual product, and is not meant to be exactly like the actual product. An EPS artwork must be submitted.
  • PMS Match: Add $100.00 (v) for custom made special PMS color matches. Please note that a true PMS color match may sometimes not be possible due to the imprint method, surface of the item, and the color of the item itself. A spec/pre-production sample is highly recommended to ensure customer satisfaction (see above for spec/pre-production sample pricing). The PMS match fee will be waived for orders over 2000 pieces.
  • Fountain Pens: we make any of our rollerball (cap off) pens into a fountain pen for an additional $1.25 (R)
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Shipping

  • Transit time is not included in production time.
  • Shipping Methods: Orders will ship via FedEx or UPS ground unless otherwise specified. Lungsal can also use purchaser's own shipping account if provided.
  • Shipping Handling Charge: Lungsal reserves the right to add $8.00 per carton.
  • Drop/Split Shipment Charge: $8.00 (z) will be added per additional address after the first. Please submit quantity per address in purchase order.
  • International Shipment: Purchaser agrees to provide commercial invoice with declared value and UPS or FedEx account for duties, taxes, entry fee and freight billing purposes. $25.00 (v) handling fee and $40.00 (v) for wire transfer fee.
  • Post Office shipment: $20.00 (v) per carton will be added.
  • Pallet charge: $35.00 (v).
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Price and Terms

  • All prices are F.O.B. Lungsal's warehouse in Brea, California.
  • All first orders require a 100% deposit to run order.
  • All less than minimum orders will be subject to a $40.00 (v) charge.
  • All prices are subject to change without notice.
  • All prices are in accordance with Lungsal's most recent catalog, we are not liable for any incorrect, published prices elsewhere.
  • All payments must be made by check in US Dollars. Purchaser agrees to pay a $30.00 additional charge for each bounced check.
  • Co-Op Pricing: Please call Lungsal for Co-Op Pricing.
  • Prepaid orders via credit cards are accepted with no fees.
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Warranty & Returns

All returns must be authorized by Lungsal. Any defective merchandise must be reported via email to Lungsal within 10 working days from the receipt of merchandise. Purchaser agrees to hold Lungsal not liable for damages to the product caused by Purchaser or 3rd party's misuse or negligence. Lungsal's liability under this warranty is limited to the cost of the defective product, the repair of the defective product (parts and labor) or the replacement of the defective product with a like product. Lungsal reserves the right to repair/replace only the quantity of merchandise returned. Both parties hereby expressly waive any explicit, statutory, or implied warranties other than the one mentioned here in this agreement.

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Refills

  • Black medium point ink refill is Lungsal's standard refill color for all pens. Blue refill exchange is available upon request, please add $0.20 (v) per pen insert fee for metal pens and $0.10 (A) per pen for plastic pens.
  • Ballpoint refill (BR02) can be upgraded to rollerball refill (BR03) or gel refill (BR05), please add a $0.35 (v) per pen exchange fee for BR03 or $0.25 (v) per pen for BR05.
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Production

  • Blank Product: With sufficient inventory, blank products ship within 48 hours and are priced at EQP.
  • Regular Orders:7-10 working days upon paper proof or spec/pre-production sample approval.
  • Rush Orders: Please check with customer service for availability. If available, add $40.00 (v) for 1-3 business days rush order charge.
  • Over / Under Runs: We reserve the right to ship any order over/under by 5%.
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Miscellaneous

Purchaser accepts that for all wooden products, the natural wood, color, grains, and stains may vary. Brass ballpoint pens can be made into matching mechanical pencils, please add $1.25 (v) per unit base on the ballpoint style of your choice and allow 10-15 working days for production. Lungsal prohibits anyone from using our Website or any of the Lungsal's databases for illegal spam activities.

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Trademarks and Indemnification

All logos in this catalog are for demonstrative purpose only. Imprints, logos or trademarks displayed on products in this catalog are solely for the purpose of showing imprinting capabilities on these products. They are not intended to reflect or imply endorsement of the products by the companies. The imprints represented and are not available for sale to anyone other than the parties expressly authorized by the owner of such designs. Lungsal does not endorse any goods, services, companies, manufactures or their agents and representatives.
By uploading and approving an artwork for production, Purchaser agrees that it has all rights to order the production of the artwork. If any third party claims that a Lungsal product infringes its trademark or licensing rights because of the logo, text, or name that is decorated on the product, Purchaser will indemnify and hold Lungsal harmless against damages, judgments or settlements (including costs and reasonable attorney fees) resulting from the claim, provided that Lungsal promptly notifies Purchaser in writing of the claim.
Certain collection names are proprietary and are owned by Lungsal. Lungsal's website and catalogs and all their contents are protected under copyright by Lungsal International, Inc. with all rights reserved.

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Payments

All credit card transaction must have an authorization signature, matching billing address, and 3-4 digits security code.
Purchaser agrees to pay all the whole balance owed to Lungsal on time and pursuant to the agreed to payment terms between Lungsal and Purchaser.
Lungsal issues net 30 day terms only available to customers with prior credit approval. Lungsal reserves the right to revoke any credit terms in the event a payment becomes past due or in the event where the Purchaser has not placed any orders within the last 6 months.

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Governing Law and Jurisdiction and Attorney's Fees

All questions with respect to these Terms and Conditions and the rights and liabilities of the parties hereto shall be governed by the laws of the State of California. Any suit to interpret or enforce the terms of these Terms and Conditions shall be brought only in Orange County, State of California, and the parties hereto consent to jurisdiction and venue in Orange County, State of California. In the event judicial proceeding is required to enforce the terms of these Terms and Conditions, the prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorneys' fees incurred in enforcing these Terms and Conditions.

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Severability

The invalidity or unenforceability of any provision of this agreement shall not affect the validity or enforceability of any other provision. No failure or delay in exercising any right, power or privilege under this Agreement operates as a waiver, nor does any single or partial exercise preclude the further exercise of any right, power or privilege under this agreement.