These terms and conditions apply only to those jobs sold foil stamped.
See general terms and conditions of sale in main section of this website.
Corrections: Client
corrections include all work performed in addition to
the original specifications. All such work may be billable.*
Client's Property: The
supplier will only maintain fire and extended coverage
on property belonging to the client while the property is
in the supplier's possession. The supplier's liability
for this property will not exceed the amount recoverable
from
the insurance. Additional insurance coverage may be
obtained if it is requested in writing, and if the premium
is paid to the supplier.
Delivery: Delivery will be by UPS (United Parcel Service).
Indemnification: The
client agrees to protect the supplier from economic loss
and any other harmful consequences that could arise in
connection with the work. This means that the client
will hold the provider harmless and save, indemnify, and
otherwise
defend him/her against claims, demands, actions, and
proceedings on any and all grounds. This will apply
regardless of responsibility for negligence.
Copyrights: The
client warrants that the subject matter to be printed is
not copyrighted by a third party. The client also
recognizes that because subject matter does not have to
bear a copyright notice in order to be protected by copyright
law, absence of such notice does not necessarily assure
a right to reproduce. The client further warrants that
no copyright notice has been removed from any material
used in preparing the subject matter for reproduction.
To support these warranties, the client agrees to
indemnify and hold the supplier harmless for all liability,
damages, and attorney fees that may be incurred in any
legal action connected with copyright infringement
involving the work produced or provided.
Personal
or economic rights: The
client also warrants that the work does not contain
anything that is libelous or scandalous,
or anything that threatens anyone's right to privacy or
other personal or economic rights. The client will,
at the client's sole expense, promptly and thoroughly
defend the supplier in all legal actions on these
grounds as
long as the supplier promptly notifies the client of the
legal action and gives the client reasonable time to undertake
and conduct a defense. The client reserves the right to
use his or her sole discretion in refusing to print anything
he or she deems illegal, libelous, scandalous, improper,
or infringing upon copyright law.
Disclaimer
of Express Warranties: The
supplier warrants that the work is as described in the
purchase order. The
client understands all computer simulated preview "dummies",or other preparatory work shown to the client are intended only
to illustrate the general type of work.
They are not intended to represent the actual work performed.
Disclaimer
of Implied Warranties: The
supplier warrants only that the work will conform to the
description contained in the purchase order. The supplier's maximum liability,
whether by negligence, contract, or otherwise, will
not exceed the amount specified in the contract. Under
no circumstances will the provider be liable for specific,
individual, or consequential damages.
Order: Acceptance
of order shall not be effective until accepted by
supplier. Acceptance by supplier may be either by notification
to client or by commencing to produce work on the
merchandise ordered. Canceled orders require compensation
for incurred cost and related obligations.
Over-runs or Under-runs: Over-runs
or under-runs will not exceed 10% of the quantity purchased.
Preparatory
Materials: Artwork,
type, plates, negatives, positives, tapes, disks, and
all other items supplied by the supplier remain the supplier's
exclusive property.
Prepress
Proofs: NO PROOF will be submitted by supplier.
Production
Schedules: Production
schedules will be established and followed by both the
client and the supplier. There will be no liability
or penalty for delays due to state of war, riot, civil
disorder, fire, strikes, accidents, action of government
or
civil authority, acts of God, or other causes beyond the
control of the supplier. In such cases, schedules will
be extended
by an amount of time equal to delay incurred.
Taxes: All
amounts legally due for taxes and assessments are the responsibility of the client and paid at the time the order is placed. If, after the
client has paid for their order, it is determined that more tax
is due, the client must promptly remit the required
taxes to the taxing authority, or immediately reimburse
the supplier for any additional taxes paid.
Telecommunications: The supplier
is not responsible for any
errors, omissions, or extra costs resulting from faults
in the transmission.
Terms/Claims/Liens: Payment is by credit card and full payment is made at time of order. Claims for errors made on our part must be made by the client in writing no
later than 5 calendar days after delivery. If no
such claim is made, the supplier and the client will
understand that the job has been accepted. By accepting
the job,
the client acknowledges that the supplier's performance
has fully satisfied all terms, conditions, and specifications.
The
supplier's liability will be limited to the selling price of defective goods only, without additional
charge for special
or consequential damage or as specified. * As
security for payment of any sum due under the terms of
the agreement,
the supplier has the right to hold and place a lien on
all client property in the supplier's possession. This
right applies even if credit has been extended, notes
have been accepted, trade acceptances have been made, or
payment has been guaranteed. If payment is not made, the
client is liable for all collection costs incurred.
* Additonal charges may apply. |
