TERMS AND CONDITIONS:
*For the Provider/Seller: Fresh Printz® LLC. and all subsidiaries or aliases thereof.
WHOLESALE RIGHTS: Fresh Printz LLC. is the exclusive provider and producer of all wholesale standard items (i.e. T-shirts, Hoodies, Beanies, Hats, Long sleeve, Sweatpants, Shorts, Scarves as well as any and all wearable product), without limitation to: retail, online, licensing and touring merchandise rights in and to the Artist's name, likeness, logo, etc.), for the manufacture, distribution and sale of merchandise throughout the Territory - Worldwide.
PROJECT REQUISITIONS AND QUOTATIONS: Project requisitions and quotations are subject to change after thirty (30) days from the issuance of the original project requisition and/or quotation.
PURCHASE ORDERS: Acceptance of purchase orders is subject to various contingencies such as fire, water, theft, vandalism, acts of God, and/or other causes beyond the provider’s control. Cancelled purchase orders require compensation for incurred costs and related obligations pertaining to the cancelled purchase order.
PRELIMINARY WORK: Preliminary or experimental work performed as per customer’s request will be charged to the customer at the current rates of the provider. Preliminary or experimental work cannot be used without written consent from the provider.
ARTWORK OWNERSHIP: Designs, copies, proofs, and templates of artwork developed and created by the provider are the exclusive property of the provider. The provider must provide written approval for all use of the aforementioned items and for any derivation of ideas from it.
QUOTATION ACCURACY OF SPECIFICATIONS: Project requisitions and/or quotations are based on the accuracy of the specifications provided. The provider can re-quote a project at time of submission if project materials do not conform to the information on which the original quotation was based.
PREPARATORY MATERIALS: Any and all project materials supplied by the provider remain the provider’s exclusive property.
ELECTRONIC MEDIA AND FILE STORAGE: It is the customer’s sole responsibility to maintain a copy of the original file. The provider is not responsible for accidental damage to media supplied by the customer or the accuracy of furnished input or final output. Until digital input can be evaluated by the provider or agreements are made about the provider’s ability to work with projects submitted in digital format, no liability is assumed for problems that may arise. Any additional translating, editing, or programming needed to utilize customer-supplied files will be charged at the provider’s existing current rates.
AMENDMENTS/ CORRECTIONS: Customer amendments include all work performed in addition to the original specifications. All such amendments will be charged at the provider’s existing rates.
PREPRESS PROOFS: The provider shall submit prepress proofs for the customer’s review and approval. Until the prepress proof is returned by the customer to the provider, no additional work will be performed. The provider will not be held responsible for undetected production errors if: (9A) proofs are not required by the customer, (9B) the project is printed as per the customer’s approval, and/or requests for changes are communicated orally.
PRESS PROOFS: Press proofs will not be produced unless they have been required in writing in the provider’s project requisition/quotation. A press sheet can be submitted for the customer’s approval as long as the customer is present at the press during production. Any press time lost or corrections made because of the customer’s delay or change of mind will be charged at the provider’s existing current rates.
COLOR PROOFING: Because of differences in computer screen resolution and color management from computer to computer, a reasonable variation in color between color proofs to the finished product is to be expected.
CUSTOMER PROPERTY: The provider will only maintain fire and extended coverage on property belonging to the customer while the property is in the provider’s possession. The provider’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 provider.
DELIVERY: Charges for delivery of materials and supplies from the customer to the provider, or from the customer’s supplier to the provider are not included in project requisitions/quotations unless specified. Title for finished products passes to the customer upon delivery to the carrier at shipping point; or upon mailing/electronic mailing of invoices for the finished work, whichever occurs first.
PRODUCTION SCHEDULE: Production schedule will be established and followed by both the customer and the provider. In the event that production schedules are not adhered to by the customer, delivery dates will be subject to renegotiation. There will be no liability or penalty for delays due to state of war, riot, civil disorder, fire, strikes, accidents, actions of government or authority, acts of God, or other causes beyond the control of the provider. In such cases, schedules will be extended by an amount of time equal to delay incurred.
TERMS, CLAIMS & LIENS: Payment is due upon receipt or before project begins. Claims for defects, damages or shortages must be made by the customer in writing no later than 7 calendar days after delivery. If no such claim is made, the provider and the customer will understand that the business transaction has been accepted. By accepting the transaction, the customer acknowledges that the provider’s performance has fully satisfied all terms, conditions, and specifications. The Provider’s liability will be limited to the quoted selling price of defective goods, without additional liability for special or consequential damages. As security for payment of any sum due under the terms of an agreement, the provider has the right to hold and place a lien on all customer property in the provider’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 customer is liable for all collection costs incurred.
LIABILITY: (16A) Disclaimer of Express Warranties – Provider warrants that the finished product is as described in the purchase order. The customer understands that all preliminary work shown to the customer is intended only to illustrate the general type and quality of the work. Preliminary work is intended to represent the actual work performed. (16B) Disclaimer of Implied Warranties – The provider warrants only that the finished product will conform to the description contained in the purchase order. The provider’s maximum liability, whether by negligence, contract, or otherwise, will not exceed the return of the amount invoiced for the work in dispute. Under no circumstances will the provider be liable for specific, individual, or consequential damages.
INDEMNIFICATIONS: The customer agrees to protect the provider from economic loss and any other harmful consequences that could arise in connection with the work. This means that customer will hold the provider harmless and safe, 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. (17A) Copyrights – The customer also warrants that the subject matter to be printed is not copyrighted by a third party. The customer 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 produce. The customer 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 customer agrees to indemnify and hold the provider 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. (17B) Personal or Economic Rights – The customer 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 customer will, at the customer’s sole expense, promptly and thoroughly defend the provider in all legal actions on these grounds as long as the provider: (1) promptly notifies the customer of the legal action; (2) gives the customer reasonable time to undertake and conduct a defense. The provider 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.
STORAGE: The provider will retain intermediate materials until the related end product has been accepted by the customer. If requested by the customer, intermediate materials will be stored for an additional period at additional charge. The provider is not liable for any loss or damage to stored material beyond what is recoverable by the provider’s fire and extended insurance coverage.
TAXES: All amounts due for taxes and assessments will be added to the customer’s invoice and are the responsibility of the customer. No tax exemption will be granted unless the customer’s “Exemption Certificate” (or other official proof) accompanies the purchase order. If, after the customer has paid the invoice, it is determined that more tax is due, then the customer must promptly remit the required taxes to the taxing authority, or immediately reimburse the provider for any additional taxes paid.
TELECOMMUNICATIONS: Unless otherwise agreed, the customer will pay for all transmission charges. The provider is not responsible for any errors, omissions, or extra costs resulting from faults in the transmission.
PAYMENT PROCESSING (Point of Sale): Due to the nature of customization and unique design concept creation, all online sales via organizational, individual and/or team transactions are final. Payment processing at point of sale via credit card swipe practices are accepted through the preferred methods of the provider: paypal, stripe, xero and/or square.
*The aforementioned terms and conditions represent the operation values of Fresh Printz® LLC., as well as any and all subsidiaries or aliases thereof. By using any and/or all of our connected electronic stores, one agrees to the aformentioned terms and policies.