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1. Agreement. All sales by IMAGE ZONE ("seller") to the customer ("Customer") shall be governed by the provisions hereof. Special conditions contained on Customer's order forms that are at variance with or in additional to the terms and conditions contained herein are not binding on Seller unless specifically accepted by Seller in writing. The signature of Customer, or Customer's authorized representative constitutes the Customer's acknowledgment and acceptance of the terms and conditions hereof. 2. Terms of Payment. Customer shall issue to Seller a 50% deposit and provide signature on IMAGE ZONE's order form. The balance is due either prior to shipping or upon pick up at IMAGE ZONE's office. Every order is subject to plus or minus 5%. Client will be invoice for actual quantity shipped. In addition, Customer is responsible for the ultimate payment of all taxes, including without limitation sales and uses taxes, stamp charges, licenses, duties and government executions by whatever name which may be assessed or levied on or account of the goods purchased by Customer. Any unpaid amounts after 45 days from the date of the invoice shall begin to accrue interest at a rate eighteen per cent (18%) per annum. Customer shall pay all attorneys' fees, court costs, and all other costs incurred by Seller in collecting and overdue amount, including interest. 3. Order Placement. A signed order form, 50% deposit, all components (e.g. master, artwork files, completed IPR with any necessary attachments), a California sales tax resale certificate constitutes an order placement. Any other method of order placement must be arranged prior to placement to ensure a timely completion date. It is the responsibility of the customer to determine their requirements and make necessary adjustments. While all efforts will be made to work within customer requirements, IMAGE ZONE is not responsible for any customer instructions that are communicated verbally at any time - before or during production. Customer must provide written instructions either on order form or via email. It is the customer's responsibility to ensure that their request has been received at IMAGE ZONE's office. At that time IMAGE ZONE will evaluate request and respond accordingly. 4. Warranties and disclaimer of warranties. Seller disclaims any and all express and implied warranties in any way relating to the goods purchased by seller, whether based on breach of contract, negligence, strict liability or otherwise including without limitation any implied warranties of merchantability or fitness for a particular purpose except that the goods shall meet seller's quality standards. Seller warrenties product to be free from materials or workmanship defect as defined by industry standards. Defect within the provided materials from customer is not warrented by Seller. Customer assumes all risk and liability resulting from the use of such goods whether used singly or in combination with other goods. 5. Claims. The Customer may only reject all or part of the goods, revoke its acceptance of all or part of the goods or assert a claim or defense based on the quality of all or part of the goods if, within five (5) days after receipt of the goods, Customer send to Seller at 41555 Cherry Street, Unit E. Murrieta, CA 92562 by prepaid parcel post or express delivery (1) a letter specifying the nature of the complaint and (2) a small sample of the goods alleged to be defective or inferior. No charges or expenses incident to any claims will be allowed unless approved by an authorized representative of Seller. Other than the small sample, goods shall not be returned to Seller without Seller's permission. Compliance by the Customer with these conditions precedent shall not constitute an admission by the Seller of the merits or amount of the Customer's claim or defense. 6. Seller's Liability. No claim of any kind whether as to goods delivered or for non-delivery of goods, shall exceed the purchase price of the goods for which such damages are claimed. In no event shall Seller be liable for lost profits or consequential damages. Seller neither assumes nor authorizes any person to assume for Seller any other liability in terms and conditions in connection with the sale or use of the goods. 7. Ownership and sale of Property. Materials provided by the Customer in connection with the goods will remain Customer's property. The Seller shall not be liable for loss or damage to Customer's property after the order regardless of the nature of loss or damage; Customer is responsible for insuring its property or retaining final digital files for output. Seller reserves the right to withhold Customer's property until full amount is paid Seller for the goods. The Customer has authority to grant a lien as agent for Customer's client. If Customer fails to pay or fails to claim its property within six months, Seller may dispose of Customer's property in any manner Seller deems appropriate. IMAGE ZONE is not responsible for materials left beyond 12 months from the date of the last order of that title. 8. Non-Waiver. The Seller's failure to exercise any right or take any action permitted hereunder, or to insist upon strict performance of any provision hereof, shall not be deemed a waiver thereof or of other rights, remedies, breaches or subsequent defaults by the Customer in the performance of or compliance with any of the terms contained herein. 9. Delay in Performance. Seller shall not be liable for delay in performance caused by circumstances beyond the control of Seller, including without limitation storm, flood, act of God, fire, war, riot, government action, labor strike or lockout or other labor trouble or shortage, or inability to obtain material equipment or transportation. If a rush order suffers from either source defect or manufacturing failure, this is deemed beyond the control of the Seller. 10. Customer Representations. Customer represents and warrants (1) that they are the sole owner and/or has the right to possession, use and duplication or reproduction of any and all materials delivered to Seller for duplication or reproduction; (2) that neither materials delivered to Seller for duplication, reproductions or use of the same in any way defames or violate or infringes any copyright, trademark, patent or other proprietary or other right of any person or entity; and (3) such materials are not obscene or otherwise violative of any state or federal low or regulation. Customer holds officers and employees harmless from and against any and all manner of actions, causes of actions, accounts, claims or demands arising out of or in connection with the duplication distribution, publishing, processing, use, contents or exhibition of the materials supplied by Customer or goods purchased from Customer.
11. Technology Clause - while IMAGE ZONE specifies what is needed to complete the project in terms of digital files or master formats it should be understood that this is what it takes to run your project today. At a later date should you wish to reorder, you may need to provide different formats or require us or someone else to perform production work at billable rates to convert what previously was used into a newly workable format. IMAGE ZONE is not responsible for changes in technology and how they would relate to your order. 12. Entire Contract. This instrument contains the entire agreement of the parties hereto with respect to the sale, purchase and shipment of goods and no modification or waiver of these terms and conditions shall be of any force unless such modification or waiver shall be in writing and signed by the Seller's authorized representative. 13. Governing Law. This agreement is entered into in the State of California and it shall be construed and governed by according to the laws of the State of California, without regard to conflict of laws principles.Addendum - Archival PolicyArchival ProceduresWhen IMAGE ZONE provides production on your ORDER, you can normally expect : * A backup on hard drive for approx 10 days * A file retreival CDR copy made for you if requested for .25¢ per megabyte or $25 minimum (within 10 days of completion) * Please note that after 10 days there is a chance that your files are no longer available in any digital form * We do not guarantee you will be able to open or use the files without having compatible software. Image Zone uses high quality industry standard software which may not be on your system. It is always our intention to be of service to you. It is in your BEST interest to have your own copy since hard drives can fail or be hit by power surges or damaged in such as way as to make retrieval of your data impossible. Keeping a backup of the computer files is the equivalent of having a safety DAT or additional CDR of your final master. A proactive stance will always be your best protection.If you desire to have a back up of your files and the project is more than 10 days completed and we have it on our system, there will be a .35¢ per megabyte or $75 minimum archive retrieval fee in addition to the fee to burn the CDR. Please note again that it is likely that after 10 days we will not have your files in any digital form and will not be able to complete your request.If you need our production files converted to a file format you can use, we can convert files for $15 per file. (some files are not able to convert depending on the program we use, please specify at time of order if you are uses the files with a specific program) Computer alterations requested after project has been completed. * For those who have computer backup - minor changes run between $25-50. If changes are extensive and will require a proofing stage, a quote will be provided. * For those who did not obtain a CDR backup, there is a .25¢ per megabyte or $25 minimum archive retrieval fee in order to locate computer files if they are still available plus one (1) hour minimum to make computer changes. This is subject to review once the specific changes are specified.Leftover print, films or materialsPlease note that all materials left at IMAGE ZONE are stored free of charge. They remain the customer's property and are left at the customer's risk. Under normal conditions you can reasonably expect that your materials will be stored and available for up to one year from your initial order. You will be notified if and when we are cleaning out files. After one year, should any items be missing or damaged regardless of it being at IMAGE ZONE, it is the customer's responsibility to replace when needed . IMAGE ZONE does not have a budget to return customer property. If you wish to have your materials returned after completion of your order, please allow UPS fees to recover your materials.OriginalsIMAGE ZONE can never be responsible for originals. i.e. artwork, watercolors, masters, pictures, films of artwork of which you do not have a backup etc. If your project uses these items it will be customer's responsibility to secure these items from IMAGE ZONE either in person or by writing and at customer's expense.We strive to keep you 100% in the loop when it comes to what we do for you. If you have any questions about any of this information, we welcome the opportunity to talk with you and clarify anything regarding these policies.
41555 Cherry Street, Unit E | Murrieta, CA 92562
Mailing Address: P.O. Box 165 | Murrieta, CA 92564
951-304-1330 | 1-866-503-1330 | Fax: 951-304-1350
All contents copyright 1997-2019, Image Zone All right reserved.