1Agreement to These Terms
These Terms & Conditions (“Terms”) are a binding agreement between you (“you,” “Customer”) and Sparta Pewter USA, Inc., a Florida corporation with its principal place of business at 5924 Sandphil Road, Sarasota, FL 34232-6301 (“Sparta Pewter,” “we,” “us”).
By accessing our websites, submitting a request for quote, placing an order, approving an art proof, or accepting delivery of goods, you agree to these Terms. If you do not agree, do not use our websites or place an order.
If you are acting on behalf of a company, agency, or military unit, you represent that you are authorized to bind that entity, and “you” means that entity.
2Products and Custom Manufacturing
We manufacture and supply custom-decorated and custom-manufactured goods, including pewter castings, minted challenge coins, engraved awards and plaques, drinkware, apparel, bags, giftware, and display products. Most goods we supply are made to your specifications and are not stock items.
Product images, samples, and descriptions are representative only. Because our goods are custom manufactured, variation is inherent and expected.
3Quotes, Orders, and Formation of Contract
- Quotes. Quotes are estimates and invitations to order, not offers. Unless stated otherwise on the quote, quotes are subject to change, including for material and freight cost fluctuations.
- Quotes exclude applicable taxes, freight, setup and tooling charges, rush fees, and shipping insurance unless expressly stated.
- Order acceptance. Your submission of an order is an offer. No contract is formed until we accept it in writing (including by order acknowledgement or invoice). We may decline any order for any lawful reason, including artwork we are unwilling or unable to reproduce under Section 11.
- Minimum order quantities apply to most products. Any applicable minimum will be communicated to you by a member of our team during quote creation and stated on your final quote, which you must agree to and pay before production begins.
- These Terms prevail. Any conflicting or additional terms in your purchase order, vendor portal, or other document are rejected and have no effect unless we accept them in a signed writing. This clause does not apply to mandatory clauses required by U.S. federal government contracts, which are addressed in Section 21.
4Pricing, Charges, and Taxes
- Prices are in U.S. dollars unless stated otherwise.
- Setup, tooling, die, plate, mold, and screen charges are quoted separately and are generally non-refundable once production tooling has been made.
- Pricing errors. If a price is stated incorrectly on our websites or in a quote due to a typographical, clerical, or system error, we may correct it and cancel or re-quote any affected order, even after acknowledgement. We will notify you and give you the option to cancel before proceeding.
- Taxes. Prices exclude sales, use, VAT, GST, excise, and similar taxes, which are your responsibility. If you claim exemption — including as a government or military purchaser — you must supply a valid exemption certificate before invoicing. You remain responsible for any tax later assessed if a certificate is invalid.
5Payment Terms
Payment terms are stated on your quote, order acknowledgement, or invoice.
6Artwork, Proofs, and Your Approval
This section is important. Please read it carefully.
- We provide an art proof for your approval before production begins. We do not begin production without your written approval.
- You are solely responsible for reviewing and approving the proof, including spelling, grammar, names, dates, ranks, unit designations, numbers, layout, sizing, placement, and color selections.
- Once you approve a proof, you accept the order as shown. We are not responsible for errors contained in an approved proof, including errors originating in files you supplied. Corrections requested after approval may require new tooling and additional charges.
- Approval requested after our stated cutoff, or delayed approval, will extend the production schedule.
- Art charges. All custom artwork, vectorization, and revisions are free of charge. However, Sparta Pewter USA, Inc. reserves the right to refuse further revisions, or to apply an additional charge, where revisions on a client’s order exceed a total of five (5) for the same SKU-numbered product.
7Production Tolerances and Variation
- Over-runs and under-runs. We do our best to deliver the exact quantity ordered, but in some cases minor over-runs or under-runs may occur.
- Color. We match to PMS/Pantone references within commercially reasonable tolerances. Exact color matching cannot be guaranteed across different substrates, decoration methods, dye lots, or production runs. Colors displayed on screen are not accurate representations. Metallic, fluorescent, and specialty colors are subject to wider variance.
- Materials. Natural and cast materials, including pewter, leather, wood, and stone, vary in grain, tone, and finish. Such variation is not a defect.
- Reorders. We cannot guarantee an exact match to a prior run.
8Production Lead Times and Delivery Dates
Stated production times run from the date of art approval and are separate from transit time. Lead times are estimates in good faith and are not guaranteed unless we expressly agree to a firm in-hands date in writing, which may carry a rush charge. We are not liable for delays caused by late art approval, late payment, supplier delay, carrier delay, customs, or any event under Section 19.
9Customer Content and Intellectual Property Warranties
“Customer Content” means any artwork, logos, trademarks, service marks, insignia, seals, crests, photographs, text, names, or other material you supply or direct us to reproduce.
You represent and warrant that:
- you own, or hold all necessary licenses, permissions, releases, and authority to use and to authorize us to reproduce, all Customer Content;
- the Customer Content, and our reproduction of it as instructed, does not and will not infringe or misappropriate any copyright, trademark, trade dress, patent, right of publicity, right of privacy, moral right, or other right of any third party;
- the Customer Content does not violate any law, regulation, licensing requirement, or contractual restriction, including those in Section 11; and
- you have obtained any consents required for names, likenesses, or personal information included in the Customer Content.
You grant us a limited license to use, reproduce, modify, and store the Customer Content solely to produce and fulfill your order and to retain production records for reorders.
We do not verify ownership of or rights in Customer Content, and we do not conduct trademark, copyright, or licensing clearance searches. That responsibility is yours.
10Portfolio Use
Unless you notify us in writing to the contrary at the time of order, we may photograph finished goods and display them in our portfolio, website, catalogs, showroom, trade-show displays, and marketing materials. We will not disclose your order quantities, pricing, or confidential information. Government and military customers may direct us in writing to exclude their items, and we will honor any operational security or contractual restriction on publicity.
11Government, Military, and Licensed Marks — Special Conditions
Reproduction of United States government and military marks is restricted by federal law and by the trademark licensing programs of the individual service branches. Restrictions may arise under, among others, 18 U.S.C. § 701 (unauthorized manufacture or sale of agency badges, identification cards, and insignia, and colorable imitations thereof), 18 U.S.C. § 704 (military decorations and medals), 18 U.S.C. § 506 and § 1017 (unauthorized use of federal seals), 10 U.S.C. § 2260 and 32 C.F.R. Part 507 (Army trademark licensing and heraldic quality control), and the trademark licensing programs of the Department of Defense and each service branch.
Accordingly, where your order includes any government seal, agency insignia, service mark, unit crest, distinctive unit insignia, military decoration, or other government-controlled mark, you additionally represent and warrant that:
- you hold, or the end user holds, all licenses, approvals, and written authorizations required by the relevant department, agency, service branch, or licensing program to reproduce the mark on the goods ordered, in the quantities ordered, for the intended use;
- the intended use does not imply endorsement by any agency or service branch where none has been given; and
- by directing us to reproduce any such logo, emblem, crest, brandmark, or insignia, you assume sole responsibility for holding all authorization and licensing required for its use. We are under no obligation to request, review, or verify authorization documentation, and we are not responsible or liable where you do not, in fact, hold the required authorization.
We reserve the absolute right, in our sole discretion, to decline or halt any order where we believe reproduction may not be authorized. Responsibility for authorization rests solely with you, and we do not review or verify licensing documentation. If we halt an order on this basis, our sole obligation is to refund amounts paid for work not yet performed; tooling and setup charges already incurred remain payable.
Where we produce items under our own licenses, we do so subject to the terms of those licenses, which may limit design, quantity, distribution, and resale.
12Shipping, Title, and Risk of Loss
- Unless otherwise agreed in writing, shipments are FOB Origin. Title and risk of loss pass to you upon our delivery of the goods to the carrier.
- You are responsible for freight charges unless quoted otherwise. Shipping insurance is available on request at additional cost; uninsured shipments travel at your risk.
- Loss or damage in transit is a claim against the carrier. We will provide reasonable documentation to support your claim. Report visible damage to the carrier at delivery and notify us promptly.
- Split and partial shipments may be made and invoiced separately.
- Storage. If you delay shipment of completed goods, we may invoice the order in full and charge reasonable storage.
13International Orders
- Unless expressly agreed otherwise, international shipments are made on Ex Works or FCA (Incoterms 2020) terms, and you are the importer of record.
- You are responsible for all customs duties, import taxes, VAT, brokerage, clearance fees, and compliance with the import requirements of the destination country. We do not ship Delivered Duty Paid unless expressly agreed in writing and quoted.
- Goods refused or abandoned at customs remain payable in full.
- Delivery estimates for international orders exclude customs clearance time, which is outside our control.
14Export Compliance and Sanctions
Our goods are predominantly commercial promotional items and are generally classified as EAR99 under the U.S. Export Administration Regulations. Nevertheless:
- You agree to comply with all applicable U.S. export control and economic sanctions laws, including the Export Administration Regulations and the regulations of the Office of Foreign Assets Control.
- You will not export, re-export, transfer, or divert the goods to any embargoed or sanctioned country, region, entity, or individual, or to any party on a U.S. restricted or denied-party list, or for any prohibited end use.
- You represent that you are not a restricted or denied party and are not acting on behalf of one.
- Items with military, technical, or controlled characteristics may require separate authorization; you are responsible for identifying any such requirement applicable to your intended use or destination.
15Cancellations, Changes, and Returns
Our cancellation, return, and replacement process is set out in our Refund & Return Policy, which is incorporated into these Terms. In summary: orders may be cancelled before art approval, subject to payment of setup, tooling, and material costs already incurred; because goods are manufactured to your specifications, custom goods cannot be returned or exchanged for change of mind or ordering error; and goods that are defective or do not conform to the approved proof will be repaired, replaced, or refunded as described in the Refund & Return Policy.
16Limited Warranty
We warrant that goods will be free from defects in materials and workmanship and will conform to the art proof you approved. This warranty does not cover normal wear, misuse, abuse, improper storage or care, alteration after delivery, variation permitted under Section 7, or errors contained in an approved proof.
Your exclusive remedy, and our entire liability, for breach of this warranty is repair, replacement, or refund of the purchase price of the affected goods, at our option, as described in our Refund & Return Policy.
17Disclaimer of Other Warranties
EXCEPT FOR THE LIMITED WARRANTY IN SECTION 16, THE GOODS AND THE WEBSITES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, SPARTA PEWTER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you. Nothing in these Terms excludes any warranty or right that cannot lawfully be excluded, including the statutory rights of consumers in the EEA and United Kingdom described in Section 22.
18Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, SPARTA PEWTER WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST GOODWILL, OR COSTS OF SUBSTITUTE GOODS, ARISING OUT OF OR RELATING TO THESE TERMS, THE GOODS, OR THE WEBSITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO ANY ORDER WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID TO US FOR THE GOODS GIVING RISE TO THE CLAIM.
We are specifically not liable for losses arising from missed events, deadlines, ceremonies, or deployments, whether or not we were told of the date.
Nothing in this section limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be limited.
19Indemnification; Force Majeure
Indemnification. You will defend, indemnify, and hold harmless Sparta Pewter, its affiliates, and their officers, directors, employees, and agents from and against any claim, demand, action, loss, liability, damage, fine, penalty, cost, and expense (including reasonable attorneys’ fees) arising out of or relating to: (a) Customer Content, including any claim that it infringes or misappropriates a third-party right; (b) any breach of your representations and warranties in Sections 9 and 11, including those relating to government and military marks; (c) your breach of Section 14; (d) your misuse of the goods; or (e) your breach of these Terms.
Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, fire, flood, hurricane, epidemic or pandemic, war, terrorism, civil unrest, labor dispute, supplier or subcontractor failure, raw-material shortage, utility or telecommunications failure, cyberattack, carrier delay, customs action, embargo, or governmental order. Affected obligations are suspended for the duration of the event.
20Governing Law, Forum, and Dispute Resolution
- Governing law. These Terms and any dispute arising out of them are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
- Exclusive forum. You and Sparta Pewter submit to the exclusive jurisdiction of the state and federal courts located in Sarasota County, Florida, and waive any objection to venue or forum non conveniens.
- Jury trial waiver. To the fullest extent permitted by law, each party knowingly and voluntarily waives any right to a trial by jury.
- Informal resolution first. Before filing, you agree to contact us and attempt in good faith to resolve the dispute for at least 30 days.
- Consumer carve-out. Nothing in this Section 20 deprives a consumer of the protection of mandatory provisions of the law of their country of habitual residence, or of the right to bring proceedings in their local courts, where such rights cannot be waived by agreement. See Section 22.
21U.S. Federal Government Orders
Orders placed under our General Services Administration contracts (GS-03F-039CA and GS-03F-040CA) or other federal contract vehicles are governed by the terms of the applicable contract and by mandatory Federal Acquisition Regulation clauses, which prevail over any conflicting provision of these Terms to the extent of the conflict. Sections of these Terms that do not conflict continue to apply.
22Consumers in the European Economic Area and United Kingdom
If you are a consumer resident in the EEA or UK, the following applies in addition to, and where inconsistent in place of, other provisions of these Terms.
- Right of withdrawal. You generally have the right to withdraw from a distance contract within 14 days of receiving the goods, without giving a reason.
- Exception for customized goods. This right of withdrawal does not apply to goods that are made to your specifications or are clearly personalized. Because the majority of goods we supply are custom manufactured or custom decorated to your order, the 14-day withdrawal right will not apply to most orders you place with us.
- Non-personalized goods. Where you purchase stock, undecorated goods, you may exercise the withdrawal right by contacting us at sales@spartausa.com within 14 days of delivery and returning the goods within 14 days thereafter. We will refund the price and standard delivery cost within 14 days of receiving the goods or proof of return. You bear the direct cost of return.
- Statutory rights preserved. Your statutory rights regarding goods that are faulty, not as described, or not fit for purpose are unaffected by these Terms, including Sections 16, 17, and 18.
- Jurisdiction. Nothing in Section 20 restricts your right to bring proceedings in the courts of your country of residence, or your entitlement to the mandatory consumer protections of that country’s law.
23Website Use
- Our intellectual property. The websites and their content, including text, graphics, product photography, page design, code, and the Sparta Pewter name and logos, are owned by us or our licensors and protected by intellectual property laws. You may not copy, reproduce, scrape, republish, or create derivative works without our written permission.
- Accounts. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us immediately of unauthorized use.
- Acceptable use. You will not use the websites to violate any law; upload malware; attempt to gain unauthorized access; scrape, harvest, or use automated means to extract data; interfere with site operation; or upload content that is unlawful, infringing, obscene, or that you lack the right to submit.
- Availability. We do not warrant that the websites will be uninterrupted or error-free, and we may modify or discontinue any part of them at any time.
- Third-party links. Links to third-party sites are provided for convenience; we do not control and are not responsible for them.
24Privacy
Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.
25General
- Entire agreement. These Terms, together with our quote, order acknowledgement, Refund & Return Policy, and Privacy Policy, are the entire agreement between us regarding their subject matter and supersede prior discussions.
- Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions continue in effect.
- No waiver. Our failure to enforce any provision is not a waiver of it.
- Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.
- Notices. Notices to us should be sent to the address in Section 26. Notices to you may be sent to the email or postal address on your order.
- No third-party beneficiaries. These Terms do not confer rights on any person other than you and us.
- Changes. We may revise these Terms at any time by posting an updated version with a new “Last Updated” date. Changes apply prospectively to orders placed after the effective date. The version in effect when you placed your order governs that order.
26Contact
Sparta Pewter USA, Inc.
5924 Sandphil Road
Sarasota, FL 34232-6301
United States
Telephone: 888.923.2999 (toll-free) / 941.379.9696
Email: sales@spartausa.com