The Fine Print; Effective September 2011
Spinneret Graphics LLC Terms and Conditions of Service
1. Warranty. Spinneret Graphics LLC (hereafter referred to as “SG”) warrants that materials produced by SG meet generally accepted industry standards as well as our own strict quality standards and specifications. If any materials produced by SG are found to be defective in quality, or are shipped or labeled in error, SG will replace or repair the defective materials or refund a portion or all of the invoice total for that job if (1) a written notice reporting the defects is received by SG within 10 days of shipment of the materials to the customer by SG and (2) as SG long as the defects did not result from a defect or error in materials provided by or on behalf of the customer. If requested, the customer must also return defective materials to SG within 10 days of said request. Corrective actions to be taken will be decided upon solely by SG and validity of complaints by customer is to be determined solely by SG. Failure of the customer to deliver a written statement of defect within 10 days of receipt or to return requested materials within 10 days of said request will result in SG being exempted from all liability for the defects or errors in question.
2. Automatic Approval. Any and all product that is used or displayed by the customer gives automatic and expressed approval and acceptance of product to SG. And upon such actions of approval, SG becomes automatically exempt from any of the above terms.
3. Quotes. Price quotes are valid for 7 days. If an order is placed more than 7 days after the accompanying quote is submitted to the customer, the quote is subject to review by SG.
4. Order Cancellation. In the case of an order cancellation, SG is entitled to payment for any costs already incurred, including penalties, restocking fees (usually 20%), shipping fees, and labor costs. This reimbursement shall be taken from the advanced deposit and the balance shall be refunded to the customer.
5. Condition of Customer Supplied Artwork. Estimates for printing are based on the customer supplying artwork at final print size or larger that is print ready. In order for artwork to be considered print ready, there must be no alternations (see 6. below) or “touch-ups” of any kind required. In order for a digital file of artwork to be considered print ready, it must be submitted as either vector art or as bitmap art at a resolution of 300 dpi/ppi or higher and at print size or larger. Artwork not submitted up to these standards may be subject to an art fee at our current hourly rate.
6. Alterations. Alterations represent work performed in addition to the original specifications or any other deviation from original specifications that result in extra work. Such additional work shall be charged at current rates and be supported with documentation upon request.
7. Digital Proofs. After artwork is submitted and before we go to press with your project, we will e-mail you a PDF proof or mockup for your approval. Any requests for corrections must be made in writing. Once a proof is approved by the customer and all specifications (including the placement of prints on garments) are agreed upon in writing, SG is not responsible for any dissatisfaction of products produced within the specification that have been approved. If the overall size, dimensions, or placement of your design is to be different on certain garments, we need to know! It may affect the cost of your order. We base our ink colors on the Pantone formula guide solid coated. Every computer monitor is different! Colors may appear different on your monitor than the proposed ink color. SG will keep sending you proofs until you’re happy. We cannot go to press with your project until you approve your proof(s).
8. Press Proofs. Press proofs (i.e., physical proofs) can be provided if requested by the customer and will be charged for at current rates. Any expenses or loss of time due to customer’s change of mind or delay will be charged for at current rates.
9. Color Proofing. Because of differences in equipment, garments, inks and other conditions between color proofing and production pressroom operations, there will some variation in color between color proofs and the completed job and shall constitute acceptable delivery. A “Photoshop perfect” color gradient is NOT possible with a screen-printed print. Each print will vary and the ink will blend differently over the length of the run.
10. Production Schedules. SG’s average turnaround time is 5 days. However, all turnaround times are estimated, and SG is not liable for any loss or damages in business due to possible delays. It is the responsibility of the customer to see that all artwork and/or supplies (garments, etc.) are properly provided to SG in a timely fashion in the beginning of the project to ensure the quickest possible turn time.
11. Customer Furnished Materials. On any orders placed where the customer is providing the substrates, a 3% misprint tolerance must be granted to SG by the customer. It is strongly suggested that the customer provide extra substrates to accommodate for the possibility of misprints. SG shall not be held responsible for any quality issues, damage or defects on customer provided substrates.
12. Payment and Order Pickup Terms. Once a price has been agreed upon and an order has been invoiced, the price is final and non-negotiable. Customers whose orders are being shipped to them are required to pay 100% of the balance before production begins. Customers receiving their orders in person are required to pay a deposit upon placement of the order and the remaining balance must be paid upon receipt of order. Customers picking up their orders must do so within 7 days of being alerted by phone or email that the order is completed. All balances due and unpaid after 7 days from the time of completion will be subject to a late charge of 2% per week. SG will not be responsible for orders not picked up after 30 days. The customer will be responsible for all collections and/or legal fees that may come from past due invoices.
13. General Warranty. SG shall disclaim any and all expressed or implied warranties of merchandise or warrant of merchandise suitability for a particular purpose. Although SG uses quality materials, due to various methods of manufacturing and laundering, SG cannot guarantee against fading or shrinkage of garments during laundering.
14. Dye Lot. Due to the practice of “batch processing” used in the dying of knitted goods, SG cannot guarantee consistency of color of garments from dye lot to dye lot or from one order to the next.
15. License. SG retains the right to display any printed product commissioned by the customer in any means of advertising or display that SG sees fit. Any customer who wishes not to have their work displayed must submit a written request to SG, and we will respect that customer’s wishes.
16. Intellectual Property Rights. The customer represents and warrants to SG that the customer is the true and rightful owner of, or is licensed or otherwise possesses legally enforceable rights to use all materials provided to SG. The customer warrants to SG that the customer is the rightful owner or has the legal right to the registered rights, titles, and interests in and to any United States or foreign trademarks, service marks, trade names, copyrights, or other intellectual property rights relating to all materials provided to SG by the customer. The customer represents and warrants to SG that no work submitted by the customer, nor any work done for the customer by SG, will be in violation of any intellectual property rights of third parties. In the case of any such violation, 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 SG.