Terms and Conditions
1. Conditions
1.1. These conditions supersede all previous conditions, overriding any terms in the Buyer’s order, and may only be changed by a written agreement signed by the Seller.
1.2. Definitions:
1.3. Ordering Work from the Seller confirms the Buyer’s acceptance of these terms.
2. Delivery
2.1. The Seller is not liable for delivery delays. The Buyer must accept and pay for the Work regardless of delay.
2.2. The Work is delivered electronically unless otherwise agreed.
2.3. The Seller may deliver in installments, each invoiced separately. Non-payment may lead to suspension or termination of the contract.
3. Payment
3.1. Quotations may be adjusted based on updated information.
3.2. Taxes are not included in quotations; the Buyer is responsible for any taxes.
3.3. All Work is chargeable, even if the Buyer does not proceed with production.
3.4. Extra costs will be charged for defective or incomplete Buyer-provided materials.
3.5. Payment is due before Work begins unless credit is granted.
4. Credit Facilities
4.1. Payment is due 30 days from the invoice date, or earlier if agreed. Late payments will incur interest and collection costs.
4.2. Credit is granted at the Seller’s discretion and may be revoked at any time.
5. Materials Supplied by the Buyer
5.1. The Buyer must retain copies of Electronic Files. The Seller is not liable for errors in Buyer-provided materials unless otherwise agreed.
5.2. The Seller may refuse unsuitable materials and charge for related costs. If the Buyer insists on proceeding with unsuitable materials, the Seller accepts no liability.
5.3. The Buyer is responsible for the risk and storage of materials provided to the Seller.
5.4. Risk of the Work passes to the Buyer upon dispatch.
6. Materials Supplied by the Seller
6.1. Seller-owned materials remain the property of the Seller.
6.2. The Seller retains the right to destroy certain materials after completion of Work.
7. Proofs & Variations
7.1. The Buyer must check and approve all information before production; the Seller is not liable for unapproved errors.
7.2. Variations and additional copies will incur extra charges.
7.3. The Buyer is responsible for reviewing the completed Work before submission.
7.4. All warranties regarding Work quality are excluded.
8. Insurance
The Buyer should insure against risks related to delivery, storage, and other specified issues.
9. Acceptance of the Work
The Work is deemed accepted upon delivery. The Buyer must inspect it within 8 hours and report defects within this timeframe.
10. Exclusion and Limitation of Liability
10.1. The Seller is not liable for consequential losses.
10.2. The Seller’s liability is limited to the Work’s agreed price.
10.3. If the Seller offers to replace defective Work, the Buyer must accept unless there is a valid reason to refuse.
11. Cancellation
11.1. The Buyer may cancel before Work starts but must reimburse the Seller for related costs.
11.2. A reasonable administration charge may apply for cancellations.
12. Reservation of Title
12.1. The Seller retains ownership of the Work until full payment is received.
12.2. The Buyer must return the Work upon request.
12.3. The Seller may sell the Work to recover debts if necessary.
13. Illegal Issues
13.1. The Seller can refuse Work that violates laws or third-party rights.
13.2. The Buyer indemnifies the Seller against claims arising from unlawful material or intellectual property infringement.
14. Force Majeure
The Seller is not liable for delays or losses due to events beyond control, such as natural disasters or strikes.
15. Rights of Third Parties
These conditions do not grant enforceable rights to third parties under U.S. law.
16. Jurisdiction
This contract is governed by U.S. law, and disputes are subject to U.S. court jurisdiction.
17. Estimating Services
17.1. The Buyer must provide clear specifications and timely responses.
17.2. Intellectual Property generated by the Seller belongs to the Buyer, but the Seller can retain copies for marketing.
18. Data Protection
18.1. The Buyer warrants that it has the right to provide any personal data to the Seller.
18.2. The Seller removes personal data after completion of service.