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1.
QUOTATION.
A quotation
not accepted within THIRTY (30) days, then used as a basis for an order, will be charged at the prevalent rate on the date the order is received. Actual charges will reflect current rates for
materials plus tax and shipping/handling charges.
2.
ORDERS.
2A Orders
entered; verbal, written or electronic, cannot be canceled
except upon terms that will compensate and indemnify LetterBank (hereafter
known as the agency) against loss.
2B Purchase
of logo or any original artwork as part of a sig, mockup, prototype, proof or
advertisement does not entitle buyer to use said artwork for
any purpose other than that one purpose for which it was
expressly created. This supersedes any verbal or written
claims to the contrary. Any other use by buyer or assignee
is a breach of contract and subject to fees and any and all
court and attorney expenses.
3. EXPERIMENTAL or SPECULATIVE
WORK.
Experimental
work performed at customer's request, such as sketches,
drawings, compositions, renderings, mock-ups, cutting and
materials will be charged for at prevailing agency rates and may
not be used without consent of the agency.
4. PREPARATORY WORK.
Sketches, copy, dummies
(mock-ups) and all preparatory work created or furnished by the agency
shall remain the agency's property and no use of the same shall be made,
nor any idea obtained there from be used, except upon compensation to
be determined by the agency. Use of agency artwork for printing, duplication
or other reproduction without adequate compensation to the agency is
a breach of good faith and is subject to billing by the agency at a
compensatory rate for the amount of use, the variety of uses, and an
assigned value for those uses.
5. CONDITION
OF COPY.
Estimates for art are subject to receipt and review of art or rendered idea from customer, and may accrue additional charges based upon any changes required.
6. PREPARATORY
MATERIALS.
Artwork, type, computer
digitizing and scanning, artwork rendering and cleanup time, mock-ups
and other items when supplied by the agency shall remain agency's exclusive
property unless otherwise agreed in writing.
7. ALTERATIONS
AND EDITOR'S CHANGES.
Alterations represent
work performed in addition to the original specifications. Such additional
work shall be charged at current rates and be supported with documentation
upon request.
8. PROJECT PROOF
8A One set of
proofs shall be submitted, only if requested, after deposit
is taken. Corrections are to be made on master set in red
and returned marked "O.K." or "O.K. with corrections" and
signed by customer. If revised or additional proofs are
requested, any extra artwork or changes is billable time. A deposit or
retainer is necessary to obtain additional proofs. Agency
regrets any errors that may occur through production
undetected, but cannot be held responsible for errors if the
work is produced per customer's O.K. or if changes are
communicated verbally. Agency shall not be responsible for
errors if the customer has not ordered or has refused to
accept proofs or has failed to return proofs with indication
of changes or has instructed agency to proceed without
submission of proofs.
8B COLORS.
Agency will do their best to match a color when possible,
however, due to the nature of color printin methodology, agency cannot
guarantee, nor imply a guarantee of a perfect match. Where a color is specified, either by PMS reference or other, a close proximation is considered a suitable result.
8C
NON-IMPRINTED WORK
All fabrics, materials and signage, unless clearly stated to the contrary, are custom manufactured when your order is placed, and are considered a custom order and FINAL SALE, which is not refundable.
8.5 RETURNS FROM MULTIPLE LOCATIONS
Should a project received from agency, thereafter be deemed unuseable or in need of repair, replacement or adjustment, THE AGENCY SHALL NOT BE RESPONSIBLE FOR EXTRA SHIPPING COSTS INCURRED IN THE RETURN OF PRODUCT(S) FROM MULTIPLE LOCATIONS.
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9.
OVERRUNS AND UNDER RUNS.
Overruns and
under runs not to exceed ten percent (10%) on quantities
ordered up to 1,000 copies/pieces and/or the percentage
agreed upon over or under quantities above 10,000 copies
shall constitute acceptable delivery. Agency will bill for
actual quantity delivered within this tolerance. If customer
requires guaranteed no less than delivery, percentage
tolerance of amount plus 10% must be doubled.
10. CUSTOMER PROPERTY.
The agency
will maintain fire, extended coverage, vandalism, malicious
mischief and sprinkler leakage insurance on all property
belonging to the customer, while such property is in the
agency's possession; agency's liability for such property
shall not exceed the amount recoverable from such
insurance.
11.
DELIVERY.
Unless
otherwise specified, the price quoted is F.O.B. agency's
platform. Proposals are based on continuous and
uninterrupted delivery of complete order, unless
agency specifications distinctly state otherwise. Additional
charges related to delivery from customer to agency, or from
customer's supplier to agency are not included in any
quotations unless specified. Special priority pickup and
delivery service will be provided at current rates upon
customer's request. Materials delivered from customer or his
suppliers are verified with delivery tickets as to cartons,
packages or items shown only. The accuracy of quantities
indicated on such tickets cannot be verified and agency
cannot accept liability for shortage based on supplier's
tickets. Title for finished work shall pass to customer upon
delivery, to carrier at shipping point or upon mailing of
invoices for finished work, whichever comes
first.
12. PRODUCTION SCHEDULES.
Production schedules will
be estimated and adhered to as closely as possible. Neither party shall
incur any liability for, or penalty for, delays due to causes beyond
the control of client or agency. Client schedules requiring overtime
work, vendor-imposed rush charges or adjustment of pre-existing production
schedule are subject to additional charges.
13. CUSTOMER
FURNISHED MATERIALS.
Sign materials, camera
copy, computer disks, film, print outs, separations and other customer
furnished materials shall be manufactured, packed and delivered to the
agency's specifications. Additional cost due to delays or impaired production
caused by specification deficiencies shall be charged to the customer.
14. TERMS.
Payments shall be made
as 50% deposit with order, balance due at pickup or PRIOR TO SHIPMENT, unless otherwise
provided in writing. Claims for defects, damages or shortages must be
made by the customer in writing within TWO (2) days after delivery.
Failure to make such claim within the stated period shall constitute
irrevocable acceptance and an admission that customer fully comply with
the terms, conditions and specifications. As security for payment of
any sum due or to be come due under the terms of Agreement, agency shall
have the right to, if necessary, retain possession of and have lien
on all customer property in agency's possession including work in process
and finished art. The extension of credit or the acceptance of notes,
trade acceptances or a guarantee of payment shall not affect such security
interest and lien unless credit is established. In the event that the
customer fails to pay within the terms specified, after the delivery
of materials, and it becomes necessary for the agency to file a lawsuit
to collect any Moneys due and owing, the customer agrees to pay any
and all legal fees and expenses spent by the agency to collect said
amount due and owing.
15. INDEMNIFICATION.
The customer shall indemnify and hold harmless the agency from any and all loss, cost, expense and damages on account of any and all manner of claims, demands, actions and proceedings that may be instituted against the agency on grounds alleging that the said agency violates any copyright or any proprietary right of any person, or that it contains any matter that is libelous or scandalous or invades any person's right to privacy or other personal rights, except to the extent that the agency has contributed to the matter. The customer agrees to, at the customer's own expense, promptly defend and continue the defense of such claim, demand, action or proceeding that may be brought against the agency, provided that the agency shall promptly notify the customer with respect thereto, and provided further that the agency shall give to the customer such reasonable time as the exigencies of the situation may permit in which to undertake and continue the defense of.
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16. PRODUCT SUITABILITY
16A Products are
sold "as is" to be installed by buyer. Agency assumes no responsibility
for damages arising from suitability, use or misuse of products, or liability for
reaction of anything or anyone in contact with that product. Failure
to perform: If a product is not as represented and customer has ordered a specific weight, or If a product which has been used as designed and intended
with no mistreatment or negligent harm does expire before it's written
warrantee, if any, agency will, at it's option, repair or replace the defective
item, when verification as to cause of failure is determined.
16B FABRICS (printed or not printed), SCREEN PRINTED PRODUCTS
and DYE SUBLIMATED PRODUCTS: Fabric products are not returnable, as they are custom-cut and assembled (and may be imprinted). Customer responsibility to determine correct colors, hues, fabrics and methodology, or to assign a professional agency to do same on their behalf, PRIOR to ordering materials to be produced.
17. STORAGE
The agency is charged
warehousing and transportation costs to hold signs produced for your
order. ANY AND ALL warehousing, transportation charges and liability
insurance charges will be billed to the customer when the customer has
not paid balance of account within four business days of the date stated
as estimated shipment date. If there is no stated estimated shipment
date, then 15 business days from receipt of deposit will be considered
the date from which storage, shipping and insurance fees accrue. RATES
are prevailing shipping costs plus $50.00 handling and $55.00 per seven
day period or part thereof.
18. SHIPPING CLAIMS
Products are inspected prior to packaging and shipping. Any and all claims for damaged goods or replacement of same must be reported immediately to the company and shipper. CLAIM MUST BE FILED IMMEDIATELY WITH SHIPPER, as the damaged goods and the original package(s) MUST BE INSPECTED BY A SHIPPING AGENT. FAILURE TO NOTIFY SHIPPER IN A TIMELY MANNER IS A DEMAND TO RELEASE LIABILITY AND ANY CLAIM AGAINST THE COMPANY. Customer agrees to shipping costs, regardless of method of shipment selected, when an order is placed, and is liable for said same costs whether the product is returned or kept. The shipping company must make restitution to you directly: It is your responsibility to place an order for a replacement product with the company. False claims and default on payment are considered intent to commit fraud on the company, and are subject to legal remedies. Returning items does not relieve you of this responsibility. ITEMS RETURNED WITHOUT A COMPANY AUTHORIZATION MAY NOT BE ACCEPTED AND WILL NOT RELEASE YOU FROM YOUR CONTRACT.
18. SHIPPING COSTS
The agency contracts shipping
agencies to transport your products and uses all the best information
available when estimating an average shipping cost. As freight and shipping
companies have fluctuating rates and routes, and as shipping may utilize
two or more trucking companies to complete a delivery, agency shall
at no time be responsible for shipping costs different from those estimated, if estimated.
The actual costs are billed to the customer when they exceed the estimate
by over 5%.
THE PAYMENT
OF THIS INVOICE, A DEPOSIT, OR A SIGNATURE OF ORDER (OR
INTENT) ON A QUOTATION, ON EXPERIMENTAL ARTWORK OR OTHER
FORM IS A GUARANTEE OF COMPLIANCE BY BUYER TO THE TERMS
LISTED. FAILURE TO COMPLY IS A MANDATE TO TAKE WHAT EVER
LAWFUL MEANS ARE AVAILABLE IN A COURT OF LAW TO COLLECT JUST
AND FAIR COMPENSATION FOR TIME, COSTS, IDEA(S), MATERIAL AND
WORK PROVIDED. IT IS NOT A GUARANTEE THAT agency CAN
COMPLY WITH YOUR DEADLINES.
agency Products are
sold "as is" to be installed by buyer. agency assumes no responsibility
for damages arising from use or misuse of products, or liability for
reaction of anything or anyone in contact with that product. Failure
to perform: If a product that has been used as designed and intended
with no mistreatment or negligent harm does expire before it's written
warrantee,
agency will,
at it's option, repair or replace the defective item, when verification
as to cause of failure is determined.
©1989, 1998,
2003 LetterBank. Subject to amendment and change without notice.
See also Returns
Policy
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