Terms and Conditions
- QUOTATION: Quotations are valid for 90 days. Prices published are subject to change without notice. Every effort will be made to notify clients of published price increases in advance.
- ORDERS: By placing an order with Dec-O-Art, you: (i) represent and warrant that you have all necessary permission, right and authority to place an order with Dec-O-Art and; (ii) are authorizing Dec-O-Art to print such order on your behalf. Orders placed verbally or written cannot be canceled except upon terms that will compensate Dec-O-Art against loss incurred and; (iii) understand that ordered products are not-for-resale unless explicitly authorized by Dec-O-Art.
- REVISION LEVELS: When a revision level is noted on a customer’s purchase order, we will verify that we are producing that part to the appropriate level. Whenever the revision levels do not match, we will not proceed with the order until the discrepancy is resolved. This delay may affect the overall production time required.
- PROTOTYPE WORK: Prototype, Production Part Approval Process (PPAP) parts, or preliminary work performed at the customer’s request will be charged at current rates. These prices can be estimated prior to actual production. Approval of these prototypes must be acknowledged by the customer, in writing, prior to a production run.
- CREATIVE WORK: Creative work, such as drawings, approval prints, prototypes, and all preparatory work developed and furnished by Dec-O-Art shall remain their exclusive property and no use of the same shall be made, nor any ideas obtained therefrom be used, except upon compensation, to be determined by Dec-O-Art, and not expressly identified and included in the selling price.
- CONDITION OF ORIGINALS: Upon receipt of the original file, artwork, or drawings, should it be evident that the original art differs from that which had been described and consequently quoted, the original quotation shall be rendered void and a new quotation issued. If your originals are deemed unacceptable, you will be notified promptly and permitted to change the content or layout to fit our requirements or furnished a good-faith estimate for Dec- O-Art to provide the alterations.
- PREPARATORY MATERIALS: Negatives, positives, dies, screens, computer files, and other items, when supplied by Dec-O-Art, Inc., shall remain their exclusive property unless otherwise agreed in writing.
- APPROVAL PROOFS: Approval Proofs are submitted to the customer prior to production. You are 100% responsible for the accuracy of your Approval Proofs. Please proofread all Approval Proofs carefully. Corrections and/or changes are to be made on the master set, signed and returned by the customer. If revised proofs are desired, a request must be made when proofs are returned. Dec-O-Art cannot be held responsible for errors under any or all of the following conditions: if the work is printed per customers OK; if changes are communicated verbally; if the customer has failed to return proofs with indication of changes, or if the customer has instructed Dec-O-Art, Inc. to proceed without submission of proofs.
- COLOR PROOFS: Because of differences in equipment, processes, substrates, lighting, ink pigments, and other conditions between color proofing and production pressroom operation, a reasonable variation in color between color proofs and the completed job shall constitute acceptable delivery.
- OVERRUNS AND UNDERRUNS: Overruns or underruns not to exceed 10% on quantities ordered, or the percentage agreed upon, shall constitute acceptable delivery. Dec-O-Art will bill for actual quantity delivered within this tolerance. Requests for exact quantities will affect pricing and such requests may invalidate the quotation. Please let us know if you need exact quantities before quoting.
- CUSTOMERS PROPERTY: Dec-O-Art will maintain extended coverage insurance for theft, fire, vandalism, malicious mischief on all property belonging to the customer, while such property is in Dec-O-Art’s possession. Dec-O-Art’s liability for such property shall not exceed the amount recoverable from such insurance. The customer’s property of extraordinary value shall be insured through mutual agreement.
- DELIVERY: The price quoted is for a single shipment, without storage; FOB Dec-O-Art, unless specifications distinctly state otherwise. Charges related to delivery from the customer to Dec-O-Art, or from customer’s supplier to Dec-O-Art, are not included in any quotations unless specified. Special priority pickup or delivery service will be provided at current rates upon customer’s request. The customer is responsible for all customs, duties or fees related to an international shipment. Dec-O-Art is not liable for damage caused by a service carrier. Dec-O-Art accepts no responsibility for tracking the delivery of packages shipped. Pickup orders will be kept for 30 days from the delivery of the pickup notification email. If the order has not been picked up from Dec-O-Art within 30 days, it will be shipped directly to the customer and the customer will be billed for the applicable ground shipping rates. Materials delivered from the customer or the customer’s suppliers are verified with delivery tickets as to cartons, packages, or items shown only. The accuracy of quantities indicated on such tickets cannot be verified and Dec-O-Art cannot accept liability for shortage based on supplier’s tickets. Title for finished work shall pass to the customer upon delivery to the carrier at shipping point or upon mailing of invoices for finished work, whichever occurs first.
- PRODUCTION SCHEDULES: Quoted Lead-Times start only after Dec-O-Art receives your final approval, with no further changes or revisions required, and a valid purchase order is also received. Dec-O-Art quoted Lead-Times are in working days and do not include Dec-O-Art observed holidays, weekends, or scheduled shutdown days. (Please allow additional time for delivery; the number of delivery days is dependent upon the type delivery service you select.) First time orders may have 2 days added to lead-time to allow for Art, Engineering, and tooling. Acknowledged Shipment dates are guaranteed. Dec-O-Art’s guarantee is “On-Time, Right Each Time” which means we will pay 3% for every day we are late fulfilling a customer’s order up to 30 days. See Dec-O-Art’s “On-Time, Right Each Time” guarantee for more information. Production schedules will be established by Dec- O-Art and may not incur any liability or penalty for delays due to state of war, riot, civil disorder, fire, labor trouble, strikes, accidents, energy failure, action of government or civil authority and acts of God or other causes beyond the control of customer or Dec-O-Art. Where production schedules are not adhered to by the customer final shipment date(s) will be subject to renegotiations. Your order may arrive late due to unforeseen delays in delivery service, natural disaster, bad weather, etc.
- CUSTOMER-FURNISHED MATERIALS: Raw materials, substrates, inks, film, tooling, and other customer furnished materials shall be manufactured, packed, and delivered to Dec-O-Art’s specifications. Additional costs due to delays or impaired production caused by specification deficiencies shall be charged to the customer. See “Imprinting Customer Supplied Materials” for more information.
- RETURN GOODS POLICY: In all instances, authorization must be secured from Dec-O-Art before any returns will be accepted. Returns will not be allowed after 30 days. The lot number and manufactured date, as labeled on the packaging, will also be required for quality management issues. If a return is for a non-quality issue of an inventoried item, it must be in the original condition and packaging with lot ID and date. It will be in Dec-O-Art’s sole discretion to credit the customer based upon the condition and salability of the product.
- TERMS: Payment shall be whatever was set forth in the quotation or invoice unless otherwise provided in writing. Any amounts past terms will incur 1.5% interest per month. Claims for defects, damages, or shortages must be made by the customer in writing within a period of 30 days after delivery of all or any part of the order. Failure to make such claim within the stated period shall constitute irrevocable acceptance and an admission that they fully comply with terms, conditions, and specifications.
- LIABILITY: The liability of Dec-O-Art, if any, for damages for any claim of any kind whatsoever regardless of the legal theory, with regard to any order placed by a customer shall not be greater than the total amount of fees payable by the customer to Dec-O-Art for its products and services. In no event will Dec-O-Art be liable for any special, incidental or consequential damages or compensation, reimbursement or damages on account of the loss of present or prospective profits, expenditures, investments or commitments, whether made in the establishment, development or maintenance of business reputation or goodwill or for any reason whatsoever. As security for payment of any sum due or to become due under terms of any Agreement, Dec-O-Art shall have the right, if necessary to retain possession of and shall have a lien on all customer property in Dec-O-Art’s possession including work in process and finished work. The extension of credit or the acceptance of notes, trade acceptance or guarantee of payment shall not affect such security interest and lien.
- INDEMNIFICATION, DAMAGES: You agree to indemnify and hold Dec-O-Art and its parent companies, subsidiaries, affiliates, officers, directors, employees and independent contractors harmless from any claim, demand, damages, liability, costs and expenses including but not limited to attorneys’ fees made by any third party due to or arising out of any claim alleging that the printed work violates any copyright, trademark, intellectual property, proprietary or privacy right of any person or entity. You hereby represent and warrant that you own or have properly licensed all the necessary rights to use the image(s) being reproduced. You acknowledge and understand that copyrighted materials, per Canada & USA Copyright law, do not have to bear a copyright notice in order to be protected by such laws. You also warrant and represent that no copyright notice has been removed or altered in any manner from any images or materials used in preparing your content for reproduction by Dec-O-Art. (DO NOT send any “one-of-a-kind” transparencies, prints or artwork. Although we take every precaution to safeguard your materials, we are NOT responsible, financially or otherwise for loss or damage to customer supplied images or artwork.) You agree that any claim or lawsuit relating to this Agreement must be filed within one (1) year of the date of the alleged breach by Dec-O-Art. You hereby waive any Statute of Limitations to the contrary.
- MARKETING/ADVERTISING: Any parts produced by Dec-O-Art may be used for internal training and/or marketing/advertising purposes by Dec-O-Art. In cases of a sensitive nature, a non-disclosure agreement may be requested by the customer. In cases where a non-disclosure is not needed, the customer may still request in writing that their parts not be used for advertising/marketing however, the customer’s parts may still be used for internal training.
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