1. QUOTATION. A quotation not accepted within THIRTY (30) days may require a new quotation. Actual charges 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 LetterBank (hereafter known as the agency) against loss. 2B Purchase of logo or other original artwork as part of a sign 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 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. Estimates for art and typesetting are based on the receipt of original copy or manuscript clearly typed, doubled spaced on 8 1/2 x 11 uncoated, unlined stock, one side only. Condition of copy that deviates from this standard is subject to re-estimating and pricing review by agency at the time of submission of copy, unless otherwise specified in estimate. 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. 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. 8A One set of proofs shall be submitted, only if requested, before 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 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.
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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 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. 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. Payments shall be made as 50% deposit with order, balance due at pickup or COD, unless otherwise provided in writing. Claims for defects, damages or shortages must be made by the customer in writing within ten (10) 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. |
16. PRODUCT SUITABILITY 16A 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 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. 17. STORAGE 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. 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 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. 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,
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