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TERMS

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This document defines the terms and conditions of our working relationship. By requesting us to perform services and produce products for you, you are agreeing to this document without modification. You are responsible for reviewing our terms and conditions prior to submitting request to work. We will begin work upon your approval of the written estimate. Your written approval will constitute an agreement between us.

 

ACCURACY OF SPECIFICATIONS:

CHANGES TO OUR TERMS AND CONDITIONS POLICY:

Estimates are based on the accuracy of specifications provided to us by you. If we discover after accepting a digital file that there are corrections or modifications needed, we will notify you immediately, at which time a decision will be made whether there will be additional costs and how you wish us to proceed. We make every effort to quote a job accurately; but in the event of unforeseen circumstances or costs, we will notify you if delays will result.

we reserve the right to change, modify, add or remove portions of our terms and conditions without notice, and any changes will become effective immediately upon being posted unless we state otherwise. This policy was last changed on 11 November 2013.

CLAIMS:

ADDITIONAL PROVISIONS:

The validity and enforceability of this agreement will be interpreted in accordance with the laws of the state of Georgia applicable to agreements entered into and performed in the state of Georgia. This agreement is our entire understanding and may not be modified in any respect except in an executed agreement. If we must retain attorneys to collect our invoices, we will be entitled to reasonable attorney’s fees, court costs and interest at the maximum rate permitted by law.

By accepting a completed job, you acknowledge that the performance is satisfactory. You must inspect the product upon receipt. No part of a product can be used if you are putting in a claim against the order. We keep a copy of the job on file for 30 days. Claims for defects or damages must be made by you, IN WRITING, within 7 days from receipt. If we determine that such claim is valid, we will be given a 30 day opportunity in which to correct and resolve any disputes prior to any legal action or credit returns.

AFTER MARKET NON-OEM PAINT JOB:

COPYRIGHT:

We use only the finest high-performance vinyl. The graphics material is designed to be removed without damaging the paint. However we will not install any graphics on a vehicle with an after-market non-OEM paint job for a minimum of 2 weeks after paint is applied. Reflective vinyl has different requirements. During cold-weather months, we will not install any vehicle graphics unless the paint has had the proper temperature (65 degrees or higher) in which to cure for a minimum of 72 hours. Furthermore, we will not be held liable if, during the installation of the graphics, the clear coat of the vehicle begins to peel off.

CHANGES/CORRECTIONS/ERRORS:

We reserve the right to correct inaccuracies, omissions, prices, descriptions, errors relating to productions, availability and update information at anytime, with or without prior notice.

According to copyright lay (viewable online at www.copyright.dov), the rights to all designs and artwork, including but not limited to photography and or illustration created by independent photographers or illustrators obtained by us, or purchased from a stock agency on your behalf, remains with the individual designer, artist, photographer or illustrator. It is your responsibility to verify that your images are legally reproduced and that you have in you possession written approval of owners. Unless a “Purchase of All Rights” (a buyout) is negotiated with us and/or our authorized representative, you may not use or reproduce the design or images therein for a purpose other than the one(s) originally stipulated. If you wish to use the design we have created and/or the images within it for another purpose or project, including a reprint or exhibition, you must contact us to arrange the transfer of rights and any additional fees before proceeding. If printing or other implementation is done through your vendors, you agree to return to us all our original mechanicals and artwork (slides, print, drawings, separations, etc.) within 2 weeks, and to provide us with printed samples of each product.

We reserve the right to photograph and/or distribute or publish for our firm’s promotional and marketing needs any work we create for you, including mock-ups and comprehensive presentations, as samples for out portfolio, newsletter, brochures, slide presentations and similar media.

ESTIMATES/QUOTES:

Prices are subject to change without notice. Estimates/quotes are valid for 2 weeks unless otherwise stated. Changes requested by you will be billed additionally. You will be notified of any price changes.

CREDIT CARD FORCED REFUND/CHARGE-BACK POLICY:

EXACT COLOR MATCHING:

All credit card issues and/or disputes on products or services purchased by your credit authorization from us shall be dealt with between you and us. By agreeing to these terms and conditions, you agree to never charge-back a purchase for any reason.

DELIVERY/SHIPPING:

Quoted prices do not include shipping or handling fees, unless otherwise stated on our estimates. Shipping can be arranged, upon request, calculated on the weight shipped. We are not responsible for damages incurred during shipping. If insurance is required with the carrier, we recommend that you advise us in advance. FOB is HAYWARD CA

ELECTRONIC IMAGES:

There will be a difference between what you see on your computer monitor and what is produced. The differences are caused by a variety of

reasons, such as paper type, in equipment, etc. We will perform our production work as determined by generally

accepted trade technical methods. We do not guarantee an exact color match to artwork submitted. If art is submitted as any color mode other than CMYK, it will be converted to CMYK. We are not responsible for any color shifts if artwork is not submitted properly. Credit or refund will not be given for non-matching colors or shifts. Please review our Artwork Requirements for suggestions on how to get the best color for work submission. Inkjet and laser prints will look different than offset printing, and different form wide format printing. We will produce pleasing colors using standard ink densities. The finished product quality will be the best we can produce according to our equipment abilities.

 

You are responsible for keeping the originals of hard copies and digital files of artwork, transparencies and instructions of all requested work. We are not responsible for accidental loss or damage to media supplied by you or for errors on supplied artwork files, hard copies, etc. You are responsible for proofing copy/files prior to submitting for reproduction. We make no claims or promises about our ability to complete a job until we have had time to review. We assume no liability for problems that may arise because of content or condition of information given by you. Unless otherwise requested, your work request will be fulfilled as submitted. Upon you request and for a fee, we will review you submission (disc or hard copy) and point out problems that may affect quality of work. You must resubmit corrected work with a written request to perform.

ERRORS AND OMISSIONS:

It is your responsibility to carefully study the proofs for accuracy in all respects, ranging from spelling to technical illustrations, before authorizing work to begin. Your signature or that of your authorized representative is required on all artwork prior to release for print or production. You are responsible for all costs incurred due to any design changes after the proof has been approved and signed. Changes may include, but are not limited to replacement of materials already printed and/or cut out, labor, ink, cleaning agents, tools and supplied used. We are not liable for errors or omissions.

FILE TYPE:

Refer to our Artwork Requirements for preferred file types. It is your responsibility to provide or purchase quality, high-resolution images for large-format printing. We can purchase high-resolution images for you, and additional charges will be added to the balance of your project.

FEES:

Depending on the product specifications, additional fees may apply: $35.00 Rip Fee, $65.00 Design Fee and $25.00 Layout Fee. The fees listed are not a complete list. Fees are determined and based on your specifications, difficulty of work, etc. If we discover that your project will require additional fees, we will notify you prior to production work.

CONTENT:

We reserve the right to refuse inappropriate submissions, as determined by us.

INDEMNIFICATION:

OUT-OF-POCKET EXPENSES:

You declare that you hold the legal copyright and/or trademark permissions for any text, images and/or data supplied to us, and that you have the legal right to produce or reproduce all printed materials ordered from us. By supplying images, text, or any other data to us, you grant us permission to use this material freely in the pursuit of the design. In the event that a

charge, claim or demand, or arbitration, action or proceeding (collectively, a “Claim”) is made or commenced against us based upon, related to or arising from the alleged wrongful acts of you, or alleging that the printing performed or product produced by us that was ordered by you: (a) infringes any copyright, patent or proprietary right of any person; or (b) contains matter that is libelous, slanderous,

defamatory, scandalous or obscene, then you shall indemnify and hold us and our employees, partners, affiliates, subsidiaries and suppliers harmless from and against any loss, damages, liability, cost and expense arising from or related to the claim including without limitation:

a) defending us against any such claim: (b) paying any judgment or award against you; and (c) reimbursing us for

any legal fees and expenses we reasonably incur in responding.

 

Fees for professional services do not include outside purchases such as, but not limited to, printing, photography, color printouts, illustrations, separations, purchase of images for you, shipping and handling or courier service. Expenses are itemized on each invoice. Expenses are subject to Columbia County, Georgia sales tax unless (1) you are a non-profit organization; or (2) the work is for resale and you have submitted a resale certificate to us. If consultant or supervisory services are required in out-of-town locations, we will bill lodgings, meals and transportation at cost. Reimbursement for mileage is calculated at current allowable rates.

OVER RUNS AND UNDER RUNS:

We follow generally accepted trade practices and strive to produce the exact amount requested. If there are over runs, we will offer them to you at a reduced price. If you need an exact amount, suggest a minimum of 5% overage be ordered at the time the order is placed.

PAYMENTS/ESTIMATES:

INSTALLATION:

We prefer to use out facility for installation. If you elect to have installation elsewhere, we will not be held liable for any issues related to improper installation conditions such as temperature of dust, and any all down time will be billed at $65.00 per hour (prorated in 15-minute increments)

You agree to pay us in accordance with the terms specified in each proposal/estimate. Accounts that have not submitted a credit application and been approved by our credit department, will be required to pay a 50% of the project cost before work can begin. Unless otherwise specified, all subsequent balances due are payable upon collection or delivery/shipment of the order. Interest on past due balances is 2% of the total compounded daily. We reserve the right to refuse completion or delivery of work until past due balances are paid.

INSTALLATION APPOINTMENT:

In the event you miss an installation appointment without providing us a 24-hour notice, a charge of $60.00 will be added to your bill.

LIABILITY:

IOur workmanship and quality follow the general industry standards. We warrant that our products meet industry standard. We ill not be held liable for the surfaces to which our products are applied. We make no  other warranties, and no actions or words or our officers, employees or agents shall constitute a warranty.

PAYMENT TERMS:

We accept major credit cars, cash and company checks only. NO PERSONAL CHECKS. A fee of $35.00 will be charged for return checks, in addition to amount due. Purchases made by credit card will show White Tiger Graphics as the vendor and will have a 4% processing fee added to the final total.

PLASTIC/RUBBER PARTS:

PRODUCTION SCHEDULES:

The material used for vehicle wraps does not stick well to textured plastic or rubber parts such as window trim, side plastic moldings and plastic door handles. It is advised that these areas NOT be wrapped with adhesive vinyl. Initially the vinyl will stick. Over a short period of time (a few months), the vinyl may fall off of those areas, however, we will not be held liable.

PRINTING/INSTALLATION PROCESS:

Production schedules will be established and adhered to by both you and us, provided that neither shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, civil disorder, fire, labor trouble or strike, accident, energy failure, equipment breakdown, delay in shipment by suppliers or carriers, action of government or civil authority, acts of God or other caused beyond your control or ours. Where production schedules are not adhered to by you, final delivery date or dates will be adjusted accordingly.

Once the design is completed and approved by you, we can print the graphics. Depending on our production schedule, prints take approximately 3 business days, including drying and laminating time, before they are ready to be installed. Installations are all done by hand and take time to achieve perfect placement. In cases of curves, handles, deep grooves and rubber molding/trim, on the spot adjustments may be made by the installer to assure maximum readability or alignment. The installation process often takes no longer than a day or two, but we reserve to right to take an additional day for issues such as transportation, weather conditions or other conditions beyond our control.

PRINT-READY FORMAT:

PROOFS:

Proofs are created on a flat surface and viewed at a relatively tiny size on computer monitors and 8-inch printed paper. Often there are slight differences between the printed flat-paper proof and three-dimensional curved vehicle wrap. Before the production can begin, it is essential that you review and approve the proof we provide you of your project, paying special attention to any variations with the actual vehicle (for example: style of lights, positioning of license plates and other minor variations). All approvals must be in writing, returned to us marked “OK” or “Revised Proof Required” signed by you. WE WILL NOT ACCEPT VERBAL APPROVALS. If proofs are waived, we are not responsible for undetected errors.

All work undertaken is under the condition that a complete high-resolution file is supplied, complete with a color proof, pantone references and exact measurements and specifications. Where artwork is supplied by you, it is your responsibility to ensure the artwork is in a “print-ready” format. It is the responsibility of your designer to check the dimensions and layout of the actual project(s). Please review our Artwork Requirements.

PRINT-READY PROOFS:

PROPERTY:

We agree to store electronic artwork files for a period of 6 months beyond the delivery of a job. Thereupon, we reserve the right to disregard them. While we are in possession of the property you entrust to us, we will take all reasonable precautions to safeguard it. In the absence of negligence on out part, however, we are not responsible for loss, destruction, damage or unauthorized use by others of such property.

We charge a fee for pre-printing proof jobs that require specialty printing and/or your pre-approval (including digital files, etc.) are paid in advance.

REFUND/RETURN POLICY:

PRIVACY STATEMENT:

We will not share or sell any information that has been gathered during order processing with anyone. We use our customer information in house, for the sole purpose of order fulfillment.

There are no refunds on completed custom orders. Preproduction canceled orders require compensation for incurred costs and related obligations at the time of cancellation. The amount will be calculated and subtracted from the upfront payment. We will refund any amount that remains. Should our costs exceed that amount, you are still obligated to make payment in full.

 

REVISIONS AND ALTERATIONS:

REMOVALS:

New work requested by you and performed by us after an estimate has been approved is considered a revision or alteration. We will provide, at no additional charge to you, up to 3 revisions of the original design created by us. You understand that any change or set of changes requested at any one time constitutes 1 revision. Any revision(s) you request us to make beyond those 3 will be billed to you at the rate of $65.00/hour If the job changes to an extent that substantially alters the specifications described in the original estimate, we will submit a revised estimate to you, and an additional fee must be approved in writing by both parties before further work proceeds.

RIGHT TO SUBCONTRACT:

We reserve the right to subcontract or assign any portion of a job to another company.

All removals are quoted separately. A wrap removal can be very time consuming. We charge by the square foot and by the hour for labor. We will not be held responsible for any paint damage or existing stripping damage when a removal is performed. Since we cannot know the integrity of the existing paint job, the condition of the painted clear coat or the existing decals, we will not be held liable if, during the removal or the wrap, the clear coat is peeled back with the wrap. If there are existing vinyl stripes under the wrap, we will not be held liable if portions of the stripes are removed during the wrap removal. Over years of sun exposure prior to the wrap, the striping adhesive can become weak and, in some areas, the striping may come up as the wrap is removed. We do not use any steel or metal knives during the removal process.

 

RIGHTS OF OWNERSHIP:

RIGHT TO USE ARTWORK/PRODUCTS:

We and our affiliates have an unrestricted license to use, display, reproduce, modify, transmit and distribute information and designs given to us by you to the extent permitted by law. We reserve the right to use photos of your artwork/products as samples of our work we have completed for use in advertising media including, but not limited to, our brochures, signage, website, etc. We will not sell images or information given to us by you unless prior written consent has been given. We also reserve the right to use your printed products for samples or promotional advertising purposes.

We own all the original artwork files that we create for your project. Once the project is complete and paid for in full, you may choose to purchase the design files from us on a CD so they can be used in other print advertising. For a separate design fee, we will provide designs for flayers and brochures.

RUSH CHARGES:

Knowledge of your deadline is essential to provide an accurate estimate. Estimates are based on a reasonable time schedule and may be revised to take into consideration your “priority scheduling” requests. Therefore, rush charges may apply.

THIRD PARTY:

Where a third party design firm is involved on behalf of you, we will, at our sole discretion, consult and advise the third party design firm as part of our work order agreement. Additional charges may or may not be incurred. You will be responsible for all consultation fees should you decide to take the project elsewhere for printing and installation. We make no representations or warranties as to any products or services offered from a third party vendor.

VEHICLE PREPARATION:

SUPPLIER’S PERFORMANCE

We will use our best efforts to ensure quality and timely delivery of all printed pieces. Although we may use our best efforts to guard any loss to you through the failure of our vendors, media or others to perform in accordance with their commitments, we are not responsible for failure on their part.

If you select your own vendors, or other than those recommended by us, you may request that we coordinate their work. If at all possible, we will attempt to do so, but we cannot in anyway be held responsible for quality, price, performance or delivery.

You are responsible for cleaning you vehicle with soap and water 12 hours prior to installation of graphics. An additional fee will be applied if vehicle is not washed. We are not responsible for items that are contained within the vehicle. You are responsible for removing anything that is valuable from your vehicle prior to installation or drop-off.

WARRANTIES:

We make no warranties or guarantees in regard to accuracy of your submitted files. We are not responsible for damages or loss of revenue that may result from delays in shipping or production. Any of the above

limitations which do not apply to your state’s jurisdictions, in part or in whole does not void this document.

TERM AND TERMINATION:

The term of this agreement will continue for progress until terminated by either of us upon 30 days written notice. If you should direct us at any time to cancel, terminate or put on hold any previously authorized purchase, we will promptly do so, provided you hold us harmless for any cost incurred as a result. Upon termination of this agreement, we will transfer to you all you materials and property in our control and for which you have paid. You will indemnify and hold us harmless for any loss or expense (including attorney’s fees), and agree to defend us in any actual suit, claim or action arising in any way from our working relationship. This includes, but is not limited to, ascertains made against you and any of your products and services arising from the publication of materials that we prepare and you approve before publication.

You hereby agree to all the Terms and Conditions set forth:

Company/Individual:

_____________________________________

Signature: Date:

________________________ ________________

 

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