Payment in the amount of 50% of the purchase price shall be required at the time of placement of the order. Seller does not have the responsibility to commence work until this amount is collected. Unless provided for in advance, the balance of the purchase price is to be paid pior to shipment by seller or his/her agent, by cash, certified check or money order payable to the seller. Claims for tax exemption must be supported by a tax number or certificate at the time of order placement. No refunds shall be made if a certificate is provided subsequent to the transaction.
-Non Payment According to Agreed Upon Terms
Buyer agrees to pay a late payment charge on all overdue balances in an amount not to exceed the legal limit. Should seller choose to pursue collection of this debt in a court of law, and should seller prevail, buyer further agrees to pay the reasonable legal and collection expenses of the seller. Until payment is received, seller shall have the right to retain possession of and shall have a lien upon all of buyers property, or property for which buyer is a custodial or third party agent, (in the case of an ad agency agreement with a third party end user) which is in the possession of the seller, including but not limited to artwork, films, raw materials, substrates, work in progress and finished work.
-Ownership of Artwork and Materials
All artwork, sketches, copy, films and screens created by or furnished by the seller remain as sellers exclusive property. No use of same shall be made, nor ideas obtained therefrom be used, except upon compensation to be determined by the seller, or unless otherwise agreed to in writing. Written artwork approval is required on all new art including customer furnished pieces.
-Copyright IndemnificationIn the event that seller is to imprint at the request of buyer a likeness of a person, product, or any other thing, either provided by the buyer or provided by the seller at the buyer's request, buyer hereby represents that said likeness is being produced with the knowledge and consent of the individual or entity having the rights thereto. On request by seller, buyer shall provide evidence of authority to produce such likeness. Buyer agrees to hold seller free and harmless from all liability and indemnify seller from the loss, damage or injury which he may suffer as a result of the reproduction of the likeness requested by the buyer.
Seller warrants that the goods are as described in this agreement. However, seller disclaims all express and implied warranties of merchantability and warranty of fitness for a particular purpose, unless specifically agreed upon in writing and made part of this agreement.
Due to market conditions and mill variances beyond the seller's control, seller cannot guarantee consistency of dye colors throughout an individual order or from one order to the next.
Custom Color mixing or PMS matching is possible at a charge of $25.00 per color. PMS matching is only a guideline. Due to the differences between paper and textiles or other substrates this is not guaranteed.
-Minimums & Reorders
Due to the time involved in setting up an order we require a minimum of 15 pieces per screen. Reorders are required at the same rate.
Seller reserves the right, when necessary, to substitute material of equal or better quality without notification.
-Overruns or Underruns
Overruns and underruns not to exceed 5% of the amount ordered will constitute acceptable delivery unless otherwise specified. An appropriate charge or credit will be made for the over or under amount. All overruns or underruns shall be charged at the unit price of the order. If buyer is guaranteed 'no less than' delivery, the percentage tolerance of the overage must be doubled.
-Purchase of Rejects
Buyer shall have the right to purchase goods rejected for cause at a discount of 25%. As to those goods not purchased by buyer, seller shall have the right to sell them as seconds, unless the buyer has furnished the goods on which the printing has been done, in which buyer shall have the right to the goods.
Special care should be taken in the laundering of all imprinted textiles, regardless of the 'manufacturer's care' label. Generally, garments should be washed in warm water with a mild detergent and lightly tumble dried in a warm dryer with the imprinted side turned in, or the alternative, air dried. Seller can not assume the responsibility for imprinted garments which are ironed either in the household or commercially. Due to varied water conditions, the effects of harsh detergents, bleach and hot water, seller does not guarantee against fading or shrinkage of garments during laundering.
-Goods Supplied by Buyer
Goods on which printing is to be done and furnished by buyer shall be properly packed, free from dirt, grit, torn fabric or materials and of proper quality for printing requirements. Additional costs due to delays or impaired production because of improper packing or quality of goods furnished by buyer shall be charged to buyer at prevailing shop rates. Any goods supplied by buyer are at his risk based on differences in wash fastness and absorption qualities of fibers. Stock provided by buyer for four color process printing shall be white or light tan. Any other colors supplied by buyer shall be imprinted at buyer's risk as to color, color balance and tonal presentation.
-Storage of Buyer's Merchandise and Completed Work
When buyer's merchandise or completed work is gratuitously held and stored by seller at buyer's request, notwithstanding seller's negligence, buyer shall assume full risk of loss. When storage is charged for at current rates, seller shall maintain fire, extended coverage, vandalism, malicious mischief and sprinkler leakage insurance on all property belonging to the buyer while in the seller's possession. Seller's liability for such property shall not exceed the amount recoverable from such insurance.
-Claims and Remedies
In the event of a breach by seller, claims for defects, damages or shortages not related to transportation, must be made in writing by the buyer within five (5) days after delivery. Failure to make such a timely claim shall constitute complete and irrevocable acceptance of the shipment. Claims must specify in detail the objections of the buyer. No claims shall be made except for defects therein or for non-conformity with some material provision of the order. The sole option of the buyer as to any order property rejected will be to ship such goods to seller within five (5) days following written authorization. In all cases, seller's liability shall be limited to the stated selling price of the product, or at seller's option replacement of the merchandise. Buyer shall have no right to recover by procuring replacement goods. In no event shall seller be liable for special or consequential damages, including profits lost, whether or not caused by or resulting
from seller's negligence.
In cases of misunderstanding or disagreement in interpretation of specifications, or where new conditions arise where seller and buyer are unable to agree, the disputes shall be submitted to a special arbitration committee of three, one member representing the seller, one the buyer and one selected and agreed upon by the representatives of the seller and the buyer. The majority decision of the committee shall be binding upon the buyer and the seller.
In the event seller takes legal action concerning the terms of this agreement, or if seller retains an attorney to secure collection of all or any portion of an account, whether or not the matter proceeds to judgement, seller shall be entitled to reasonable attorney's fees and out of pocket costs incurred.