doing business with Pop! Promos
Please see below for some helpful information on doing business with Pop! Promos. If you have any additional questions, please email your Account Rep or direct questions to firstname.lastname@example.org for assistance. Thank you!
Prop 65 & CPSIA Compliance
Authorization & Indemnification
Pop! Promos cannot be liable for delays in delivery or product availability due to customs, shipping or natural disasters. Pop! Promos reserves the right to make minor changes to product design over time to improve quality or performance.
California Proposition 65 & CPSIA Compliance
Pop! Promos is committed to upholding the highest safety standards for its products. Pop! Promos requires all products purchased to meet our design specifications which are reviewed and revised as necessary. We take all necessary steps to ensure that our products meet applicable Federal and state regulations including Prop 65 and CPSIA. In short, samples of any products intended for use by children under the age of 12 are tested by 3rd party laboratories for compliance with CPSIA and samples of all of our products are tested annually for lead and other carcinogens regulated under Prop 65.
For more details on our Prop 65 policy, please continue reading below.
Prop 65 Policy
All products shipped by Pop! Promos into the State of California are subject to Proposition 65 (“Prop 65”) or The Safe Drinking Water and Toxic Enforcement Act of 1986. “Prop 65” was created through the ballot initiative process and was intended to protect California citizens and the State’s drinking water from a State determined list of over 850 chemicals that are “known” by the State to cause cancer, reproductive harm, or birth defects. This list and other information regarding “Prop 65” can be accessed at http://oehha.ca.gov/prop65.html.
Prop 65 requires that a “clear and reasonable warning” be provided by a Person/Company in the course of doing business, who manufactures, produces, assembles, processes, handles, distributes, stores, sells, or otherwise transfers a consumer product which he or she knows to contain a chemical known to the state to cause cancer or reproductive toxicity to any person to whom the product is sold or transferred.
The lead state agency handling Proposition 65, the Office of Environmental Health Hazard Assessment (OEHHA; www.oehha.ca.gov), has established safe harbor levels which include No Significant Risk Levels (NSRLs) for cancer-causing chemicals and Maximum Allowable Dose Levels (MADLs) for chemicals causing reproductive toxicity for many of the 850 chemicals listed under Proposition 65. Exposure levels and discharges to drinking water sources that are below the safe harbor levels are exempt from the requirements of Proposition 65. A document that provides the status of OEHHA’s adoption or development of NSRLs and MADLs is available below.
For chemicals that do not have published or established safe harbor levels, the burden is on the defendant to establish an appropriate MADL or NSRL, and to show that the exposures in its products do not exceed these levels. For exposures to consumer products, such as promotional items, the level of exposure to the listed chemical is calculated using the reasonably anticipated rate of intake or exposure for average users of the consumer product.
Companies are becoming increasingly vulnerable to lawsuits for Proposition 65 indiscretions. Proposition 65 may be enforced by the California Attorney General, public enforcers such as district attorneys, and private plaintiffs suing in the public interest (after they have first served a 60-day notice of violation on all public prosecutors and no public prosecutor proceeds to enforce the alleged violation). A plaintiff may seek injunctive relief as well as penalties of $2,500 per violation per day. A more general California statute allows most successful plaintiffs to recover their attorneys’ fees as well. It is important to note the very long reach of Proposition 65 liability. One need not be doing business in California to be in the chain of Proposition 65 litigation. Indeed, you could be a New Jersey distributor of products sold to you by a Massachusetts supplier, and your client could be doing business in New York, with no California affiliation. Should one of the items you sold to your client end up in California, you and your supplier and your client could be named as defendants in a Proposition 65 lawsuit, and the venue would be in California. Pop! Promos is fully committed to providing the highest quality, safest products for our clients and all Pop! Promos products meet applicable federal safety and warning requirements, standards and regulations as enforced by the Consumer Product Safety Commission, the U.S. Food and Drug Administration, and the Federal Communications Commission. While procedures have been established as part of our ongoing Product Safety initiatives throughout our supply chain to insure the purchase and use of materials that will meet Prop 65 standards, our efforts have to date been focused on the Third Party testing of our products for lead and other Prop 65 listed chemicals as recommended by our Accredited Lab Partners.
Because we cannot test every piece of every order that we ship to California for every one of the Proposition 65 listed 850 chemicals, you may continue to have concerns about compliance with Proposition 65. If so, then the safest option is to include a label on each product that may ship to the State of California which we will do free of charge upon request. The label will read as follows and will ensure full compliance with California Proposition 65 requirements:
WARNING: Cancer and Reproductive Harm - www.p65warnings.ca.gov.
For a plain language version of the Proposition 65 regulations, please visit: http://www.oehha.ca.gov/prop65/background/p65plain.html.
Authorization & Indemnification
By placing an order with Pop! Promos, you represent and warrant that you have the authority to order, purchase and /or distribute merchandise containing the names, trademarks, logos, copyrights, etc. identified and/or submitted with your order. You also agree to indemnify, defend and hold harmless Pop! Promos, its affiliates and representatives, from and against all claims, liabilities and expenses (including attorney fees), arising out of or related to an actual or alleged infringement or misappropriation of any trademark, copyright or any other proprietary right of such merchandise. This provision will remain in effect after delivery of your order.
Products in our marketing materials may be patented, have patents pending or be subject to various copyright and/or property rights of Pop! Promos and/or its owners and principals. These products may not be reproduced in any way (in whole or in part) without express written permission from Pop! Promos.
All merchandise is sold FOB and becomes the customer’s property upon delivery to the freight carrier.
Logos shown on this website are for illustrative purposes only, do not imply endorsement and are not for sale except by authorized owner. By submitting order and artwork to Pop! Promos, the customer represents that the use or display of artwork will not violate any applicable laws or client restrictions. Customer hereby agrees to hold Pop! Promos harmless of all claims.
We reserve the right to ship +1% of the quantity ordered and invoice accordingly.
Net 30 days upon credit approval. Payments not received by the due date are subject to a 1.5% per month late payment charge. First orders will require full payment before order shipment. Large orders may require a deposit at order placement.
All items are warranted against defects in material and workmanship for a period of one year from date of shipment. In the event of a breach of warranty, buyer’s sole and exclusive remedy is a return of the item for repair or replacement. Pop! Promos disclaims all other warranties, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
Due to the custom nature of our products, Pop! Promos does not accept returns on any decorated merchandise.
Accounts requiring collection will be liable for all the collection costs, including all fees, costs and expenses incurred.
Prices are subject to change without notice. All quotes will be honored for 30 days unless otherwise noted.
Unused and/or unclaimed credits may be voided after 6 months.
For only $10/box, you can Safe Ship™ with Pop! Promos.
In the event UPS/FedEx loses or damages your product in transit, we will remake the missing portion of your order, free of charge.
To read all the details of our Safe Ship program, please click here.
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