Terms of Service. Longer than we’d like, but an attempt to keep everything clear. The general idea: Perfection is something we strive for, but something no one can truly guarantee. We try to be reasonable; if you do too, we should get along fine!
Terms and Conditions
These Terms and Conditions are subject to revision at any time.
Most recent revision: January 2013
Our products & services are offered only under the following terms & conditions. Placing an order with us signifies that you agree to these terms & conditions.
In these Terms and Conditions, “we,” “printer,” and “Rockwell” refer to Rockwell Art House, its owners, employees, and representatives, and “you,” “customer” and “the customer” refer to any party or parties who approach Rockwell Art House for services and/or goods, or for the sake of engaging in any other business transaction.
These Terms represent the full agreement between you & Rockwell Art House; no further contract exists unless it is in writing and signed by an authorized representative of Rockwell Art House, and includes an explicit statement regarding its relationship to these terms.
You affirm that you are of legal age and competence to be bound by this agreement, and to transact business with us. Any minors wishing to transact business with us must do so under the supervision of a legally responsible adult, such as a parent or guardian, who agrees to these Terms, and who accepts responsibility for said minors interactions with us. MINORS: BY INTERACTING WITH US, YOU STATE THAT THIS IS THE CASE. We shall not be held responsible for misrepresentations made to us by our customers.
All quotes/estimates are subject to change at any time prior to payment.
At any time prior to initial payment the customer is free to cancel the order. Cancellation after payment shall be allowed only at printer’s discretion and, if allowed, any refund will be less printer’s expenses & fees. Printer reserves right to cancel order after payment; if printer is forced to cancel an order through no fault of the customer, printer shall refund full deposit to the customer.
All production schedules and turnaround times we give are estimates only. We shall not be liable for delays due to third parties, inclement weather, natural disasters, illness, civil or technological disruption, government action, acts of God, or any other causes beyond our control.
Any changes to original specifications resulting in additional work or expense will be charged accordingly.
Preparatory Work and Materials
All sketches, mockups, art samples, artwork, and all other intellectual property and materials supplied by Rockwell shall remain our exclusive property, and no derivative works may be created without our express written permission.
Customer Supplied Artwork
Unless otherwise specified, estimates for orders are based on customer supplying artwork that meets the printer’s requirements for “print ready” art. Additional time needed to make artwork ready shall be billed at current rates. Also, by supplying artwork, customer affirms his right to use the artwork and authorize its use, and grants such authorization to the printer for use on the customer’s behalf.
Artwork Supplied by Rockwell
When we create or design artwork, copyright to that work is maintained by us. When artwork is created at request of customer, customer receives the right to use the artwork for orders printed by Rockwell. Transfer of copyright or licensing for reproduction to be done by another party must be agreed to in writing and signed by printer and customer. Artwork provided for uses other than printing by Rockwell is licensed for a maximum of 10,000 impressions, unless otherwise specified. (Web promo graphics used exclusively for online promotion are excluded from this limitation.) Additionally, artwork we create may include elements not created by us, usage of which may be governed by other licenses.
Generally, art proofs shall be submitted for customer approval prior to production, usually via email. Approvals and corrections are to be returned via email. If revised proofs are desired, request must be made when proof corrections are returned. When customer supplies “print ready” art, no proofs will be given. We shall not be liable for any errors may occur through production undetected if the work is printed per customer’s approval or if changes are communicated verbally. We shall not be responsible for errors if the customer has not ordered or has refused to accept proofs or has failed to return proofs with indication of changes or has instructed printer to proceed without submission of proofs.
Color Accuracy & Consistency
Because of the many variables existing between color proofing and actual printing operations, a reasonable variation between color proofs, specifications for color matching, and/or past orders, and the completed job shall constitute acceptable delivery. Likewise, we have no control over the blank garment dying process, and cannot guarantee consistency of color on garments.
Overruns or Underruns
Due to the nature of custom imprinting, exact quantities cannot be guaranteed. Overruns or underruns not to exceed 10% (or 3 items, whichever is greater) on quantities ordered shall constitute acceptable delivery. For “shorted” items, we offer prorated credit which will be applied to your next order, and which remains valid for one year.
Rockwell reserves the right to substitute materials of equal or better quality. If customer wishes to approve substitutions or desires that none be made, such must be specified when order is placed. Any delays which occur while waiting for customer approval may be charged at current rates.
We reserve the right to print and retain samples, at our own expense, of any artwork or finished items, for personal use and/or for public display of any kind; and to refer to the customer for whom the work is done without notification to customer, unless other arrangements are made with the customer in advance.
It is the printer’s option to dispose of reject or excess material. We may, at our discretion, offer them to the customer at a reduced cost to be determined by us. In any event, we shall have the right to sell such material as seconds or irregulars, donate them to charity, destroy them, or to discard them in any manner we see fit. If customer provided the goods he shall be entitled to all rejects, if accepted at time of order completion. Printer shall not be obligated to purchase rejects from buyer. Customer bears all risk for supplied goods.
In the case of customer-supplied materials, all art files, information, physical items and other materials furnished by customer must be provided in accord with our specifications. Costs due to delays or impaired production caused by specification deficiencies shall be charged to the customer.
In the case of customer-supplied goods, everything pertaining to those goods and not otherwise specified in the order is the responsibility of the customer. Charges related to delivery from customer to printer, or from customer’s supplier to printer, are not included in any quotations unless specified. 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 on such tickets cannot be verified and printer cannot accept liability for shortage based on supplier’s tickets. (Overages will be charged for at current rates.) Prior to complete and accurate delivery to printer, customer shall be responsible for the resolution of any problems pertaining to his/her goods, including shipping claims, quantity discrepancies, improper delivery, etc.
The printer is not liable for any damages to, or loss of, property belonging to the customer, while such property is in the printer’s possession. If this should at any point prove unenforceable, the printer’s liability shall not exceed the wholesale cost of the physical property that has been damaged.
Unless otherwise noted, all items shall be “bulk” packaged. Individual folding, tagging, bagging, etc., shall be charged at current rate.
Shipping charges are typically included in order price, unless otherwise noted. If expedited shipping is desired, customer must inform us ahead of time, and will be charged accordingly. Title for finished work shall pass to the customer upon delivery to carrier at shipping point or upon delivery to customer by printer. Normally, a deliverable address should be provided by customer prior to paying for order. If this is not done, and the customer fails to provide a deliverable address in keeping with printer’s expectations in a timely manner, the order may remain undelivered, and all printer’s obligations shall be considered fulfilled.
Due to the nature of rush orders, on-time delivery of such orders cannot guaranteed. In the unlikely event of a missed deadline, rush fees will not be refunded, since out-of-the-ordinary work will have been undertaken nonetheless.
If misprinted or defective goods are inadvertently delivered to customer, printer will replace the defective item(s), or refund or credit the customer the cost of the item(s). Customer must follow printer’s instructions for reporting and returning defective goods in order to be eligible for compensation.
Terms of Payment
Due to the custom nature of this work, full payment of price quoted must be made in advance. We will not commence work until payment is made. If actual price varies from quote, customer will be refunded or credited for any amount overpaid, or billed for any amount underpaid. In the case of special arrangements where a lesser deposit is allowed, customer shall pay balance due on order prior to shipment or at time of delivery when delivered by in person; or prior to delivery of final files for design work.
Printer will deliver order according to order specifications, in keeping with the parameters of these Terms & Conditions. Printer shall disclaim any and all express or implied warranties of merchantability 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 or printing during laundering. Likewise, due to various possible applications and conditions, lifespan, durability, and light-fastness of any product is not guaranteed.
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 to the customer such reasonable time as the urgency of the situation may permit in which to undertake and continue the defense thereof.
Limitation of Liability
Except for failure to meet specifications of an order for which the printer has accepted payment, the printer shall be free from all liability. Where order specifications are not met, whether through defect, misprint, improper shipment, missed delivery dates, or any other occurrence, the following applies: In no event shall the printer ever be liable for more than the money already paid to the printer on the specific order in question. Customer agrees that if a less costly resolution cannot be agreed to by both parties, the printer’s full reimbursement of the money already paid by customer on the order in question shall constitute a full and equitable settlement, and that no further claims shall be made against the printer. Customer specifically agrees that the printer shall not be liable for any loss of profit or similar claims, regardless of circumstance.
Right to Refuse
Printer reserves the right to refuse any job for any reason and shall not be required to disclose reasons for refusal. Additionally, acceptance of artwork is at the discretion of the printer. Printer will not print art that is sexually-oriented, obscene, vulgar, or hate-related, contains profanity or gratuitously violent or gory imagery, or conflicts with the printer’s personal beliefs and convictions.
If printer should choose to make a temporary exception to any aspect of these Terms and Conditions, such exception does not constitute a permanent alteration or waiver of that aspect, nor does it constitute a waiver of these Terms and Conditions in general. Such exceptions are entirely at the discretion of the printer. Failure to enforce any portion of these Terms and Conditions does not constitute a waiver of them, nor does it nullify them in whole or in part.
If any portion of these Terms proves unenforceable, the remaining portion shall be interpreted in keeping with the general intent of these Terms.