A&W Embroidery and Screen Printing
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Terms & Conditions

TERMS AND CONDITIONS

 

1.             Invoices and Cancellation of Orders

                A&W Embroidery and Screen Printing (Vendor) prepares your order according to your specifications.  Therefore, prior to its commencement, your order is only cancelable with the Vendor’s prior written consent.  After commencement of your order (the point at which materials are assembled and work has begun), your order is non-cancelable.  Any cancellation after placing order shall incur a 15% restocking charge plus shipping.

 

2.             Customer is Solely Responsible for Proofreading

                You are solely responsible for proofreading.  Vendor does not assume any responsibility for the correctness of copy.  Therefore, you must review and sign a proof prior to our commencement of work on your order.  By signing your proof, you approve of its content and release the Vendor to commence its work.  You are solely responsible for the content of the proof once it has been signed.  However, if Vendor should make an error in producing the work as proofed, please be assured that it will be redone as quickly as possible and without charge to you.

 

3.             Delivery

                All dates promised on this invoice are approximations unless the word “firm” is written and acknowledged by the Vendor.

               The Vendor may tender any quantity of goods, which is not less than 90%, nor more than 110% of the quantity specified herein.  Such tender shall be a conforming tender and the price specified herein shall be ratably adjusted.  Vendor reserves the right to substitute similar merchandise for out of stock items. This sale is made F.O.B. point of shipment.  All goods are shipped at your risk.  You shall duly pay for, and the Vendor shall have no liability for goods damaged, destroyed or lost in transit.   Vendor shall not be liable for breach, default or delay caused by failure of a source of supplies, strike, labor disputes, fire, flood, accident, riot, terrorism, war, embargo or other cause or contingency beyond the control of the Vendor.

 

4.            LIMITED WARRANTY

Vendor warrants that the goods at the time of delivery will conform to the description on the face side hereof and that you will acquire good title to the goods.   In the event the goods are non-conforming on the date of delivery, your sole remedy shall be to return the goods to the Vendor and have the work redone without charge.

 

VENDOR MAKES NO OTHER WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, WRITTEN OR ORAL, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY.  VENDOR SHALL HAVE NO LIABILITY FOR ANY SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES YOU MAY INCURR BY REASON OF ANY BREACH BY VENDOR.

 

5.             Terms of Payment

                Upon ordering, you must give Vendor a 50% deposit.  Your balance will be due upon delivery.  Vendor may, at its sole discretion, extend credit terms to you upon approval. Invoices are considered delinquent fifteen (15) days from the date that your order is completed.  After the fifteenth day, a late charge of $25.00, together with interest accruing at the rate of 18% per annum, or the maximum rate allowable by law is assessed.  You shall be liable for all costs related to collection of delinquent invoices, including court costs and reasonable attorney’s fees. Returned Checks will be subject to a $25.00 Service Charge.

 

6.             Customer’s Acceptance of Work

                Your acceptance, either personal or through your agent(s) and/or employee(s) of the work ordered shall be deemed as full acceptance.  This means that by accepting delivery of the work, you affirm that the work substantial conforms to all specifications.

 

7.             Lost or Forgotten Work

If you do not take possession of completed work within thirty (30) days from notification of completion, then the work will be considered lost or forgotten, and Vendor will not be responsible for loss or destruction of the work.  You will be billed and responsible for payment for work that has been completed.

8.            Indemnification

You agree to indemnify and hold harmless the Vendor from and against all claims, liabilities and expenses (including reasonable attorney fees in defending any such claim) based upon an alleged infringement of any patent, trademark, copyright or other proprietary right, invasion of privacy, breach of contract or otherwise arising from the use of any picture, plate, advertising copy, specifications or material furnished to Vendor by you or prepared by Vendor at your direction.

 

9.            Ownership of Artwork and Digitizing

All artwork and digitizing prepared by Vendor in connection with your order shall remain the property of the Vendor and will be maintained at our facility for our exclusive usage in executing your orders.

Artwork and digitizing preparation charges are for the labor of preparing said artwork, and does not constitute transfer of ownership of said artwork.

 

10.          Miscellaneous

This agreement sets forth the entire agreement of the parties hereto with respect to the subject matter covered and supersedes all prior offers and agreements, oral or written.  The provisions set forth herein shall govern and displace any inconsistent provisions which may be set forth in any purchase order or other document submitted by you to Vendor.  Vendor specifically objects to any terms and conditions proposed by you which are different from or add to the terms and conditions set forth herein.