Terms of Sale
LetterBank + MyDIYsigns create original art (which includes art time, typesetting and proofs) and physical goods which may be made to order and/or custom printed and finished, and as such these are non-refundable assets due when an order is placed. [LetterBank + MyDIYsigns is hereafter referred to as "agency" or "we"]
Basic Terms of Sale Summary:
If we modify it, contract for its manufacture, design it, cut, sew or assemble it, it’s not refundable. If it’s “off the shelf” as defined by agency AND you report an issue within 48 hours (2 days) of receipt, we are able to do something about it on your behalf.
1. Estimates and quotes
An estimate not accepted within twenty (20) days demands a new quotation.
2A Orders cannot be canceled except in writing and upon terms that will compensate agency against loss for any work done up to the cancellation is received and recorded.
2B Orders involving any art or proof time, purchase of logo or other original artwork modification, creation, addition or subtraction thereof, once contracted by payment is not refundable.
2C Orders for non-customized goods may be eligible for the limited refund policy. See "refunds".
3. Experimental and/or speculative work
Experimental work performed at customer's request to include sketches, drawings, compositions, renderings, mock-ups, cutting and materials will be charged at prevailing rates and may not be used without consent of the agency.
4. Prep work et al
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, derivative or style obtained therefrom be used, except upon compensation to be determined by the agency.
5. The condition of copy and copywriting
Estimates for art and typesetting are based on the receipt of original copy or manuscript clearly sent in a qualifying file format: rtf, pdf or ai. Copy that deviates from this standard is subject to a library charge and pricing review by agency at the time of submission of copy, unless otherwise specified in estimate.
6. PREPARATORY MATERIALS
Artwork, type, computer digitizing and scanning, artwork rendering and cleanup [make-ready] time, mock-ups and other items when supplied by the agency shall remain agency's exclusive property unless otherwise agreed in writing for a specific price.
7. ALTERATIONS AND EDITOR'S CHANGES
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.
8. PROJECT PROOF
8A One set of proofs shall be submitted only upon prior request after a deposit or payment is received. Any change or correction demands additional billable art time. A deposit or retainer is necessary to obtain additional proofs. Agency regrets any errors that may get through production undetected but cannot be held responsible for errors or delays if the work as provided by customer for production without a proof is not accepted by customer. Agency shall not be responsible for errors if the customer has not ordered or has not replied in a timely manner to accept proofs or has failed to return proofs with indication of changes or has instructed the agency to proceed without submission of proofs.
8C NON-IMPRINTED WORK
10. CUSTOMER PROPERTY
10A 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; The agency's liability for such property shall not exceed the amount recoverable from such insurance.
Agency may contract work to a third party and is not liable for failure to perform where the third party does not comply with order.
Unless otherwise specified, the price quoted is F.O.B. agency's physical or contractual platform. Proposals are based on continuous and uninterrupted delivery of a complete order unless agency specifications distinctly state otherwise. Additional charges related to delivery and/or storage from customer to agency, or from customer's supplier to the 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 the 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 the agency cannot accept liability for shortage based on supplier's tickets. The title for finished work shall pass to the customer upon delivery, to the 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. No agency or party shall incur any liability or penalty for delays due to causes beyond the control of client or agency. Work may be contracted and contractee determines their own policy, timetables and costs. Client schedules requiring overtime work, subcontractor-imposed rush charges or adjustment of pre-existing production schedule are subject to additional charges.
13. CUSTOMER FURNISHED MATERIALS
Customer furnished materials shall be created, 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.
Terms of sale are accepted implicitly once payments are made in full or as 50% deposit with order, balance due prior to shipping, unless otherwise provided in writing. All claims for defects, damages or shortages must be made by the customer in writing immediately or within 24 hours (1) day after delivery AND DIRECTLY TO THE SHIPPER AT THE TIME OF DELIVERY. Failure to make such claim within the stated period shall constitute an irrevocable agreement that the customer is financially 100% accepting of a complete and final delivery. As security for payment of any sum due or to come due under the terms of Agreement, agency shall have the right to, if necessary, retain possession of and have a 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 amounts of money 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.
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 a reaction of anything or anyone in contact with that product.
Failure to perform: If a product is not as represented and customer has specified and attribute which is not present, or If a product which has been used as designed and intended with no mistreatment or negligent harm does expire before it's written warranty, if any, agency will, at its option, repair or replace the defective item, when verification as to cause of failure is determined.
The 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 the 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 shipper. A 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 SHIPPER AND AGENCY. The shipping company must make restitution to you directly: It is your responsibility to place an order for a replacement product with the agency. False claims and default on payment are considered intent to commit fraud on the agency and are subject to legal remedies. Returning items does not relieve you of this responsibility. ITEMS RETURNED WITHOUT AGENCY 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) ELECTRONIC OR PHYSICAL ON A QUOTATION, ON EXPERIMENTAL ARTWORK OR OTHER FORM INCLUDING BY PAYMENT IS A GUARANTEE OF COMPLIANCE BY BUYER TO THE TERMS LISTED. FAILURE TO COMPLY IS A MANDATE TO TAKE WHATEVER 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. The agency assumes no responsibility for damages arising from use or misuse of products, or liability for a 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 warranty,