JOB TERMS. PLEASE READ.
A quotation not accepted within thirty days is subject to review.
2. ORDER CANCELLATION
In the case of an order cancellation, if the printer has already commenced working on the order, he shall be entitled to full reimbursement for any costs already incurred, including penalties or restocking charges that sellers suppliers may charge him. This reimbursement shall be taken from the advanced deposit and the balance refunded to the customer.
3. EXPERIMENTAL WORK
Experimental work performed at the customer’s request, such as sketches, drawing, composition, screens, presswork and materials, will be charged for at current rates and may not be used without consent of the printer
4. PREPATORY WORK
Sketches, cop, dummies, and all prepatory work created or furnished by the printer, shall remain his exclusive property and no use of the same shall be made, nor any ideas obtained therefrom be used, except upon compensation to be determined by the printer
5. CONDITION OF CUSTOMER SUPPLIED ARTWORK
Estimates for printing are based on supplying same size or larger black and white artwork that is “camera ready” or “scanner ready” and requiring no touch-up or clean-up. Additional time needed to make artwork ready shall be billed at current rates.
6. PREPATORY MATERIALS
Artwork, type, screens, negatives, positives, color separations and other items when supplied by the printer shall remain his 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.
Proofs shall be submitted with original copy. Corrections are to be made on “master set,” returned marked “O.K.” or “O.K. with corrections” and signed by the customer. If revised proofs are desired, request must be made when proofs are returned. Printer regrets any errors that may occur through production undetected but cannot be held responsible for any errors if the work is printed per customer’s O.K. or if changes are communicated verbally. Printer shall not be responsible for errors if the customer has not ordered or has requested to accept proofs or has instructed printer to proceed without submission of proofs.
9. PRESS PROOFS
Unless specifically provided in the printer’s quotation, press proofs will be charged for at current rates. An inspection sheet of any form can be submitted for customer approval, at no charge, provided customer is available at the press during the time of make-ready. Any changes, corrections or lost press time due to customer’s change of mind or delay will be charged for at current rates.
10. COLOR PROOFING
Because of differences in equipment, garments, inks and other conditions between color proofing and production pressroom operations, a reasonable variation in color between color proofs and the completed job shall constitute acceptable delivery.
11. OVERRUNS AND UNDERRUNS
Overruns or underruns not to exceed 10% on quantities ordered and/or the percentage agreed upon over or under quantities ordered shall constitute acceptable delivery. Printer will bill for actual quantity delivered within this tolerance. If customer required guaranteed “no les than” delivery, percentage tolerance of overage my be doubled.
12. CUSTOMER’S PROPERTY
The printer 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 printer’s possession; printer’s liability for such property shall not exceed the amount recoverable from such insurance.
Unless otherwise specified, the price quoted is for a single shipment, without storage, F.O.B. local customer’s place of business or F.O.B. printer’s platform for out-of-town customers. Proposals are based on continuous and uninterrupted delivery of complete order, unless specifications distinctly state otherwise. Charges related to delivery from customer to printer, or from customer’s supplier to printer, are not included in any quotations unless specified. Special priority pickup or delivery service will be provided at current rates upon customer’s request. Materials delivered from customer or his suppliers are verified with delivery ticket as to cartons, packages or items shown only. The accuracy of quantities indicated o such tickets cannot be verified and printer cannot accept liability for shortage based on supplier’s tickets. Title for finished work shall pass to the customer upon delivery to carrier at shipping point o upon mailing of invoices for finished wok, whichever occurs first.
14. PRODUCTION SCHEDULES
Production schedules will be established and adhered to by customer and printer, provided that neither shall incur any liability or penalty or delays to state of war, riot, civil disorder, fire, strikes, accidents, actions of Government or civil authority and acts of God or other causes beyond the control of customer or printer.
15. CUSTOMER FURNISHED MATERIALS
Garments, stock, camera copy, film, color separations and other customer furnished materials shall be manufactured, packaged and delivered to printer’s specifications. Additional cost due to delays or impaired production caused by specification deficiencies shall be charged to the customer.
An advanced deposit of 50% of the total order price is required on all custom orders. Pinter will not commence work until this amount has been paid. Unless otherwise arranged, buyer shall pay the balance due on the order at the time of delivery.
17. GENERAL WARRANTY
Printer shall disclaim any and all express or implied warranties of merchandisability or warranty of fitness for a particular purpose. Although the printer uses quality materials, due to the wide variation in laundering conditions and detergents, printer does not guarantee against fading or shrinkage of garments during laundering.
18. DYE LOT
Due to the practice batch processing knitted goods when they are dyed, printer cannot guarantee consistency of color on garments from dye lot to dye lot or from on order to the next.
Printer reserves the right to substitute materials of equal or better quality with notification, unless advance notification is previously agreed to in writing.
Buyer shall have the right to purchase reject material at a reduced cost to be determined by the printer. If buyer declines to purchase rejects, printer has the right to sell them as seconds or irregulars in any manner he sees fit. If buyer provided the goods to print on he shall be entitled to all rejects. Reject rates on buyer’s goods shall be within accepted industry standards. Printer shall not be obligated to purchase rejects from buyer unless a specific reject rate ceiling is agreed to in writing.
Unless otherwise noted, all items shall be “bulk” packaged. Individual folding, tagging, bagging, etc., shall be charged at current rate.
The customer shall indemnify and hold harmless the printer 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 printer on grounds alleging that the said printing 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 printer has contributed to the matter. The customer agrees to, at the customer’s own expense, promptly defend and continue the defense of any such claim, demand, action or proceeding that may be brought against the printer, provided that the printer shall promptly notify the customer with respect thereto, and provided further that the printer shall give the customer such reasonable time as the urgency of the situation may permit in which to undertake and continue the defense thereof.
All returns must be made within seven days of delivery. Items in accordance with quoted instructions and specifications cannot be returned. Items used or worn cannot be returned.
Screens can be destroyed immediately after print but are generally kept for up to 1 week after delivery. Reorders within this time will not require new screen charges if screens are available, however, a $10 prep charge will be required.
24. SOCIAL MEDIA
All pictures and images of the produced items that are created during and after the printing process can be posted on the business Social Media outlets. Customers can request that no images can be used and any such images will be taken down immediately.
User Agreement SECTION 2
Terms of service: an agreement between you and Tee Rabbit to enter and use this website and services
Welcome to the Tee Rabbit website and services.
We hope you enjoy your use of our facilities. Please appreciate and understand that this is a legal world and that you, by not immediately leaving this website now or immediately after reading our terms of service are accepting our services under the terms of this agreement.
It is your obligation to keep your self informed of any changes that may occur between visits, as using our services each time is under the condition that you accept all our terms and conditions. We may change our terms and conditions from time to time without expressly informing you.
1 Tee Rabbit Services:
Create, design, customize products that are listed for sale.
Buy products that are listed for sale
Save and share designs that your may have created.
Use our fun picture and design tools.
Save created images and designs into public and personal galleries.
Post your created images to social networks or bloggs that you have the legal right to do so
Registering to subscribe to special offers and use of galleries.
2 Using our Tee Rabbit Services and Website:
2.1 ELIGIBILITY CHILDREN UNDER 18.
Tee Rabbit will only knowingly provide products or services to persons who can lawfully enter into and form contracts under applicable law.
Children under the age of 13 may view the Website but MAY NOT ORDER PRODUCTS OR SERVICES.
2.2 Definitions and Interpretation
Intellectual Property Rights means all industrial, commercial and intellectual property rights (including equivalent, neighbouring or proximate rights anywhere in the world that currently exist or are recognised in the future).
A person means any form of legal entity as well as any quasi-legal entity.
A User means any person using the website and/or services provided by Piki Print
A reference to any document, material, information or data includes that document, material, information and data howsoever stored, recorded or embodied, including in any electronic or digital media or otherwise.
The word includes in any form is not a word of limitation.
3 User's Obligations
Users are and shall be wholly and exclusively responsible, at their own cost, for:
all telecommunications lines, modems, communication controllers, routers, multiplexers, terminals and all other equipment, hardware and software necessary to access and use the Website and services;
the use that it makes of the Website , including any article, material, literary or artistic work, design or other matter that they author, invent, create, develop or produce;
complying with all laws, regulations and rules in the uses country or jurisdiction;
complying with any recommendations or guidelines issued by Tee Rabbit with respect to the use of the Website and/or services and
3.2 Restrictions on Users
Users shall not and has no right to either:
reproduce, publish, distribute, sub-license and/or resell either the Website and/or service to any person; or
use either the Website to supply any service to any person; or
modify, adapt, disassemble, recompile and/or reverse engineer either the Website or service;
access or use either the Website and/or service to create, author, design, manufacture, market, publish, transmit, broadcast, distribute or sell any article, product, material or other matter that either:
infringes the rights of any person, including, without limitation, Intellectual Property Rights, trade secrets, rights of privacy and publicity.
is libellous, defamatory or slanderous,
condones, promotes, contains or links to adware, cracks, hacks or similar utilities or programs,
contains explicit sexual content,
does or may denigrate or offend any ethnic, racial, gender, religious or other group, through use of language, images, stereotypical depiction or otherwise,
is designed to or does harass, threaten, defame or abuse others,
exploits images or the likeness of minors,
encourages the use of drugs or the under-age use of alcohol or cigarettes, or
is generally offensive or in bad taste;
use "Spam", "blast-faxes" or recorded telephone messages to market or sell any products or services,
use, transfer or implant a virus, routine or any computer program or technology that disrupts, disables, interferes with or otherwise has a detrimental affect on the Website and/or the PIKIWAREÂ® Platform,
take any action that imposes any unreasonable or disproportionately large load on the Website or the Service,
use a robot, spider or other device or process to monitor the activity on or copy pages from the Website or the Service,
collect electronic mail addresses or other information from our Website,
impersonate another person or entity,
engage in any activity that interferes with any persons ability to use or access the Website and/or services, or
frame or link or otherwise use or display the Website in such a manner so that it appears to be part of its own or someone else's website, without specific agreement.
4. Tee Rabbit Obligations
User acknowledges that Tee Rabbit has no obligation to user to provide any training or other support in relation to the use or operation of the Website and/or services.
4.4 Modification of the Website.
Tee Rabbit reserves the right to modify the organization, structure, content or "look and feel" of the Website and/or the services, and may change, suspend, or discontinue any aspect of the Website and/or the service at any time without notice or any liability to user or any person. Tee Rabbit shall have complete discretion over the features, functions and other terms and conditions on which the Website and the service is made available.
5. Intellectual Property Rights
5.1 Reservation of title
5.2 Prohibition on infringement
User acknowledges and agrees that Tee Rabbit does not permit, authorise or condone and hereby expressly prohibits user from accessing or using the Website and/or the services in a manner that infringes, or is likely to infringe, the Intellectual Property Rights, or any other rights or privileges, of any person anywhere in the world.
5.3 Derivative material
Subject to clause 5.2, user shall own any Intellectual Property Rights in any original material that it authors, designs or creates using the functionality provided by the Website. If the user chooses to add any item to a public gallery, In consideration of the authorisation granted under clause 4.1, User hereby grants to Tee Rabbit an irrevocable, perpetual, non-exclusive, world-wide licence to do all acts and things (including to authorise other persons to do all acts and things) comprised within the said Intellectual Property Rights.
User Account, Password, and Security You will receive a password and account designation upon completing the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Tee Rabbit of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Tee Rabbit cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.
7.1 Users warranties
User represents and warrants to Tee Rabbit that, in its use of the Website and the Services provided, it:
will not infringe the Intellectual Property Rights, trade secrets, rights of privacy, rights of publicity or other legal right of any person, and
will comply with all applicable laws, rules, and regulations.
User further represents and warrants to Tee Rabbit that:
there are no claims, demands or any form of litigation pending, or to the best of its knowledge, threatened with respect to any content used or proposed to be used by user;
Tee Rabbit will not be required to make any payments or compensation to any person in connection with its use of such content; and
such content does not contain viruses or any other programs or technology which disrupts or damages the Website and/or the Services provided.
7.2 Tee Rabbits warranties
be uninterrupted or free of errors and inaccuracies;
meet users requirements; or
operate in the configuration or with the hardware or software used by user.
User acknowledges and agrees that the Website and the service (as with technology generally), may have errors (or bugs) and may encounter unexpected problems. Accordingly, user may experience downtime and errors in the use or operation of the Website and/or services provided.
Tee Rabbit does not and cannot control the flow of data and information through the internet, and such flow depends on the performance of persons and entities whose actions or inactions may produce situations in which connections to the internet (or portions thereof) are impaired or disrupted and for which Tee Rabbit is not liable.
Tee Rabbit does not warrant that any data, information or other content provided on the Website, whether concerning any goods or services or any other subject, is complete or accurate.
7.4 Exclusion of implied warranties
SUBJECT ONLY TO CLAUSE 8.1, ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE WEBSITE AND/OR ANY OTHER GOODS OR SERVICES THAT MAY BE PROVIDED BY Tee Rabbit, THAT WOULD OTHERWISE BE IMPLIED BY STATUTE, LAW, EQUITY, TRADE CUSTOM, PRIOR DEALINGS BETWEEN THE PARTIES OR OTHERWISE (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SUITABILITY, FITNESS FOR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT) ARE HEREBY EXPRESSLY EXCLUDED.
7.5 No representation or reliance
8. Exclusion and Limitation of Liability
8.1 Subject to law
(c) liability for fraud or deceit; or
(d) liability for death or personal injury caused by the negligence of either party.
8.2 Exclusion of liability
(a) malfunctions, failures, defects, acts or omissions or any other default or liability caused directly or indirectly by:
any third party;
actions of user that were not expressly authorised by Tee Rabbit;
accident, misuse or abuse by anyone other than Tee Rabbit;
alteration or modification of the Website and/or the service, or any component or part of the Website and/or the service provided, by anyone other than Tee Rabbit;
products (including any hardware or software) or services not licensed or supplied by Tee Rabbit;
power surge or failure,
events of force majeure or events outside Tee Rabbits actual control; or
any other condition not arising under normal operating conditions;
(c) any loss of profit, business interruption, loss of or damage to goodwill, and/or any expectation benefit;
(d) Subscribers liability to any person; or
(e) incidental, indirect, consequential, special, exemplary or punitive damages of any nature, whether such liability is asserted on the basis of common or civil law or in equity, including pursuant to any statute, contract, tort (including negligence or strict liability) or otherwise and notwithstanding that Tee Rabbit has been advised of the possibility of any particular loss or damage.
Tee Rabbit may, in its sole and unfettered discretion, and without users consent, place links on the Website to other websites that are owned or operated by other persons. User acknowledges and agrees that Tee Rabbit is not responsible for the operation of or content located on any such website, and Tee Rabbit cannot and does not warrant that the content of such websites is accurate, complete, legal and/or inoffensive. By choosing to link to these other websites, user acknowledges and agrees that it may not make any claim against Tee Rabbit for any damages or losses of any kind arising from the other website and/or the link.
8.4 Limitation of liability
9.2 Effect of termination
(a) it shall be read down or severed in that jurisdiction only to the extent that it is void, invalid or unenforceable; and
(b) it does not effect the validity or enforceability of that term or clause in another jurisdiction or the remaining terms or clauses in any jurisdiction.
10.5 Governing Law and Jurisdiction
(b) Each party irrevocably submits to the exclusive jurisdiction of the courts of Delaware, and the courts competent to determine appeals from those courts, with respect to any proceedings that may be brought at any time relating to these.