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1) DISCLAIMER
Please read these terms and conditions carefully before proceeding with any order with LetsPrintBaby.com (LPB Graphics, Inc.) By accessing and using any portion of this website and its services you hereby agree to be bound by the terms and conditions below. If you do not agree to any or all of these conditions, please do not access this site or use any of the services provided by it. These terms also apply to LPB Graphics Inc. "The Retail Store." Special conditions on Buyer's purchase order in no way negate the above conditions of sale. In ordering the work described above, the Buyer accepts all these conditions whether or not noted on this purchase order.
2) QUOTATIONS/ESTIMATES
Quotes are good for 30 days. A quotation not accepted within 30 days may be changed. Quotations are based on the accuracy of the specifications provided. LPB Graphics, Inc. can requote a job at the time of submission if copy, film, disks or other input materials do not conform to the information on which the original quotation was based. Orders placed with LPB Graphics, Inc. are to the client's knowledge correct, and there are no conditions or agreements relating to the order which are not written or accompanying said order. RUSH SERVICE CHARGES WILL BE QUOTED SEPARATELY! AT THE TIME YOUR ORDER IS ACKNOWLEDGED - ONLY THEN CAN YOUR SPECIFIC NEED BY DATE BE ADDRESSED. TROUBLESHOOTING ARTWORK OR DISCS PROVIDED CAN EFFECT THIS RUSH SERVICE. NEED BY DATE MUST BE PROVIDED AT TIME OF QUOTATION REQUEST!
3 ) PAYMENT
Prepayment on all orders is required. Any other payment arrangements need to be approved by the credit department. If credit established, a 1.5% monthly service charge will be billed for late payment. Any returned check will be chargeable at $25.00.
4) FORMS OF PAYMENT
Payment can be made in several ways. LPB Graphics, Inc. accepts most major credit cards, including VISA, MasterCard, and Discover as well as company and bank checks, money orders, and cash. Please make checks payable to LPB Graphics, Inc. Please DO NOT send cash through the mail.
5) ORDERS
Acceptance of orders is subject to credit approval and contingencies such as fire, water, strikes, theft, vandalism, acts of God, and other causes beyond the provider's control. We do reserve the right to use our sole discretion in refusing to print anything we deem improper or known to be illegal.
6) APPLICABLE LAW
By visiting LPB Graphics, Inc./Let's Print Baby. Com. You agree that the laws of the state of New Jersey without regard to principles of conflict of laws, will govern these terms and conditions of use and any dispute of any sort that might arise between you and LPB Graphics, Inc. or its affiliates.
7) OVER-RUNS
Over-runs or under-runs will not exceed 10% of the quantity ordered. LPB Graphics, Inc. will bill for the actual quantity delivered within this 10% tolerance. If the customer requires a guaranteed quantity, the percentage of tolerance, if any should be stated at the time of quotation and order. A guarantee of exact quantities may increase the cost of the job if not willing to pay over-run.
8) PRODUCTION SCHEDULES
Production schedules will be established and followed by both the customer and LPB Graphics, Inc. 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, and accidents, actions of government or civil authority, acts of God or other causes beyond the control of LPB Graphics, Inc. In such cases, schedules will be extended by an amount of time equal to the delay incurred.
9) 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 a copy of the "Exemption Certificate" is furnished to LPB Graphics, Inc. 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 LPB Graphics, Inc. for any additional taxes paid.
10) TELECOMMUNICATIONS
Unless otherwise agreed upon, the customer will pay for all transmission charges. LPB Graphics, Inc. is not responsible for any errors, omissions, or extra costs resulting from the faults in the transmissions, including telephone conversations, facsimiles and electronic mail. Each fax proof is billable at $3.00. Multiple changes will result in multiple faxes.
11) SHIPPING/SHIPPING DELAYS
All freight, shipping and handling charges are additional. Customer agrees that it will not hold LPB Graphics, Inc. accountable for delays in delivery occasioned by acts of God or other circumstances over which we have no direct control. Factory shipment or delivery dates are the best estimates of our suppliers, and in no case shall LPB Graphics, Inc. be liable for any consequential or special damages arising from any delay in delivery. If you have a need by date, it is required that customer pay express handling charges as this shall reduce chances of missing your deadline. However, we are still at the mercy of the shipper and the above then still applies. Direct delivery available - please inquire! RUSH SERVICE AVAILABLE. If a need by date has been provided and customer will be picking up we take this date very seriously. If we are able to waive a rush charge and this job is not picked up by date requested, we will apply a 25% rush charge to entire order. NO EXCEPTIONS!
12) USE OF FLAT OR RAISED INK
If you are using a laser printer or copier or other output device that generates a significant amount of heat and you select flat or raised ink for your letterhead or envelopes, LPB Graphics, Inc. cannot be held responsible for damages, direct or indirect, that might result from your selection. When placing your order, you should specify laser-safe raised ink when using a laser printer, copier, or any other output device that generates a significant amount of heat, which has been specifically designed to protect your output device against harsh effects of melting ink.
13) USE OF PRODUCTS/CUSTOMER CONTENT
Users of this website are responsible for the content, copy and images printed, reproduced or processed by LPB Graphics, Inc. Content is subject to all applicable local, state and federal laws, as well as any laws pertaining to the use of the Internet and Electronic Communications. Users agree not to use LPB Graphics, Inc. to produce anything which may be deemed offensive, unlawful, harassing, threatening, libelous, obscene, malicious, harmful or otherwise inappropriate.
14) WEBSITE PRICING & PROMOTIONS
We reserve the right to change prices on site at anytime. While we make the best efforts to keep our site up to date, from time to time, actual market conditions may change the price of the product. We also provide unit pricing merely for reference; however, total, price specified overrules the unit pricing. Promotions and/or discounts cannot be combined with any other promotion or offer. All promotions expire at the discretion of LPB Graphics, Inc. Web promotions must be mentioned at time order is acknowledged. Discounts will not be applied upon pick-up or shipment of job. Discounts are not applicable to previous orders. As always, tax and freight are additional.
15) ELECTRONIC MANUSCRIPTS/IMAGES
It is the client's responsibility to maintain a copy of the original file. LPB Graphics, Inc. is not responsible for accidental damage to media supplied by the client or for errors on supplied artwork. Until digital input can be troubleshooted by LPB Graphics, Inc. no claims or promises are made about our ability to work with jobs submitted in digital format, and no liability is assumed for problems that may arise. Any additional translation, editing, or programming need to utilize client-supplied files will be charged at our current rates. (min. $25.00 per visit to computer)
16) ALTERATIONS/CORRECTIONS
Client alterations, which must be made in writing, include all corrections or changes from the original specifications. Such work will be charged at our current rate. (min. $25.00 per visit to computer)
17) REIMBURSEMENT
The client shall reimburse LPB Graphics, Inc. for all expenses arising from this assignment, including the payment of any sales taxes due on this assignment, if applicable. In the event of default of payment by the purchaser, purchaser agreees to pay all costs of collection, including reasonable attorney's fees and costs of suit.
18) STORAGE
LPB Graphics, Inc. will retain intermediate materials until the related end product has been accepted by the customer. If requested in writing by the customer, intermediate materials will be stored and could potentially incur additional charges. The return of these materials is billable to customer per present shipping rates and services. Storage of all final art and any printing inventory is done at the sole discretion of customer. We hold art discs or film supplied for a period of (2) two years. After that point it may be discarded.
19) PRE-PRESS PROOFS
LPB Graphics, Inc. will submit color proofs for the client's review and approval. A charge of $15.00 is required to overnight most proofs. Proofs must be returned to LPB Graphics, Inc. with signature or "revised proof required" and signed by client. Until the proof is returned, no additional work will be performed. LPB Graphics, Inc. will not be responsible for undetected production errors if
• proofs are waived by client
• the work is printed per the clients ok
• requests for changes are communicated verbally
All requests for changes of any kind must be made in writing to avoid mistakes or LPB Graphics, Inc. waives all responsibility.
20) COLOR PROOFING
Because of differences in equipment, paper, inks, and other conditions between color proofing and production pressroom operations, a 5% variation of color between color proofs and the completed job is to be expected. When such a variation occurs, it will be considered acceptable performance. These color proofs if not provided will have a billable charge depending on size and type of proof. LPB Graphics, Inc. will advise at start of order if not previously quoted.
21) ARTWORK & CANCELLATION
LPB Graphics, Inc. retains ownership of all original artwork, whether preliminary or final, unless it is purchased by a payment of a separate fee. If roughs or comprehensives are published, full fee shall be paid therefore. Cancellation of custom artwork: 50% of the fee after first proof, 75% of fee after finishes we do not do any spec work. Any work completed shall be billable. In the event of cancellation of this assignment, ownership of all copyrights and the original artwork shall be retained by LPB Graphics, Inc. and an assignment, ownership of all copyrights and the original artwork shall be retained by LPB Graphics, Inc. and a cancellation fee for work completed, based on contract price and expenses already incurred, shall be paid by the purchaser.
22) CLAIMS
Claims for defects, damages, or shortages must be made by the client in writing no later than 10 calendar days after delivery. If no such claim is made LPB Graphics, Inc. and the client will understand that the job has been accepted. By accepting the job, the client acknowledges that LPB Graphics, Inc. performance has fully satisfied all terms, conditions, and specifications.
23) LIABILITIES
The user agrees to protect the provider from economic loss and any other harmful consequences that could arise in connection with the work. This means that the customer will hold the provider harmless and save 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.
The user of this service also warrants that the subject matter to be printed is not copyrighted by a third party. The user also recognizes that because subject matter does not have to bear a copyright notice in order to be protected by copyright laws absence of such notice does not necessarily assure a right to reproduce. The user 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. For jobs involving the duplication of pictures and/or original artwork, an Authorization to Duplicate form must be filled out by the author of work and attached for processing of order to proceed. In no event shall LPB Graphics, Inc. or its officer, directors, employees or agents be liable for any special incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage and any theory of liability arising out of or in connection with the user performance of the LetsPrintBaby.com website.
24) CUSTOMER'S 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.
25) CONSENT FOR INSTALLATION OF SIGNS
The purchaser shall obtain written consent for installation of the sign(s) from the owners of the premises and adjoining premises and other tenants, whenever necessary. Purchaser shall be responsible that such consent shall not be revoked. Purchaser shall be responsible for obtaining all necessary permits and variances as required by law. Purchaser shall indemnify and hold LPB Graphics, Inc. harmless from any and all actions by such third persons for purchaser's failure to obtain the necessary permits, approvals and authorizations.
26) You must be 18 years or older to purchase from LPB Graphics, Inc. exceptions made only with the written permission of the parent or guardian.
27) ORDER ACKNOWLEDGEMENT
By signing off on our acknowledgement to proceed with your job, you are accepting all of these terms and conditions. |
