Terms and Conditions of Sale
Please pay special attention to the highlighted areas
1) Orders ~ Acceptance of orders is subject to credit approval and contingencies such as fire, water, strikes, theft, vandalism, acts of God, and other causes beyond provider's control. Canceled orders will incur an $80.00 cancellation fee and require compensation for incurred costs and related obligations.
2) Accuracy of Specifications ~ Quote Calculator is based on the accuracy of the specifications provided. DiggyPOD, Inc will requote the job at the time of submission if input materials do not conform to the information on which the original quotation was based.
3) Venue ~ In the event of suit regarding this contract, the venue and jurisdiction therefore shall be in Municipal Court, as appropriate, of the county of Lenawee, Michigan. The parties agree and stipulate that the essential terms of this contract are to be performed in said County.
4) Electronic Manuscripts/Images ~ It is the customer's responsibility to maintain a copy of the original file. DiggyPOD, Inc is not responsible for accidental damage to media supplied by the customer or for the accuracy of furnished input or final input. Until digital input can be evaluated by DiggyPOD, Inc, no claims or promises are made about DiggyPOD, Inc's ability to work with jobs submitted in digital format, and no liability is assumed for problems that may arise. Any additional translating, editing, or programming needed to utilize customer-supplied files will be charged at prevailing rates.
5) Alterations/Corrections ~ Customer alterations include all work performed in addition to the original specifications. All such work will be charged at DiggyPOD, Inc's current rates.
6) Proofs ~ DiggyPOD, Inc can also provide a Printed Proof or an online PDF Proof if requested by customer. In both cases, the customer should examine the proofs carefully DiggyPOD, Inc will not be responsible for undetected production errors if: Upon request, DiggyPOD, Inc can also provide a Printed Proof after the online PDF Proof has been approved. In both cases, the customer should examine the proofs carefully, and respond with either "Approved -- O.K. to print as is" or "Rejected -- corrections required."
Proof-reading of material will be the responsibility of the customer for spelling and layout accuracy.
DiggyPOD, Inc will not be responsible for undetected production errors if:
- Proofs are not required by the customer, or
- The work is printed per the customer's OK, or
- Request for changes are communicated verbally.
7) Color Proofing ~ Because of differences in equipment, paper, inks, and other conditions between color proofing and production pressroom operations, a reasonable variation in color between color proofs and the completed job is to be expected. When a variation of this kind occurs, it will be considered acceptable performance. If you have critical color-matching requirements on your order, DiggyPOD, Inc highly recommends that you request a Printed Proof.
8) Customer's Property ~ DiggyPOD, Inc will only maintain fire and extended coverage on property belonging to the customer while the property is in DiggyPOD, Inc's possession. DiggyPOD, Inc's liability for such property will not exceed the amount recoverable from the insurance. Additional insurance coverage may be obtained if it is requested in writing and if the premium is paid to DiggyPOD, Inc.
9) Delivery ~ Unless otherwise specified, the price quoted is for a single shipment, without storage, F.O.B. DiggyPOD, Inc. Tecumseh, MI 49286. Proposals are based on continuous and uninterrupted delivery of the complete order. If the specifications state otherwise, DiggyPOD, Inc. will charge accordingly at current rates. Charges for delivery of materials and supplies from the customer to the DiggyPOD, Inc., or from the customer's supplier to DiggyPOD, Inc, are not included in quotations unless specified. Title for finished work passes to the customer upon delivery to the carrier at shipping point, or upon mailing of invoices for the finished work or its segments, whichever occurs first.
10) Production Schedules ~ Production schedules will be established and followed by both the customer and DiggyPOD, Inc. There will be no liability or penalty for delays due to a state of war, riot, civil disorder, fire, strikes, accidents, action of government or civil authority, acts of God, or other cases beyond the control of DiggyPOD, Inc. In such cases, schedules will be extended by an amount of time equal to the delay incurred.
Production speed starts after DiggyPOD, Inc, receives approved proofs or correct files.
Production speed is based on working days(Monday thru Friday), excluding holidays.
If you send your order in before 2:00 p.m. EDT, on Monday and choose "48 hour production speed", your order will ship on Wednesday.
If you send your order in after 2:00 p.m. EDT, on Monday and choose "48 hour production speed" it will ship on Thursday.
*If printing color text pages and choosing rush or fast production, please call to confirm that we can meet your deadline
11) Payment Terms ~ Payment is net cash, and must be paid in full before we begin production of your order. DiggyPOD, Inc will not print your order until payment in full is received. We accept Visa, MasterCard, Discover and American Express, as well as Google Checkout. Regular checks and money orders can also be sent, but this may delay your order.
12) Claims for defects ~ Claims for defects, damages, or shortages must be made by the customer in writing no later than 10 calendar days after delivery. If no such claim is made, DiggyPOD, Inc and the customer will understand that the job has been accepted. By accepting the job, the customer acknowledges that DiggyPOD, Inc's performance has fully satisfied all terms, conditions, and specifications. DiggyPOD, Inc's Liability will be limited to the quoted printing and binding price of defective goods without additional charge for special or consequential damages. As security for payment of any sum due under the terms of an agreement, DiggyPOD, Inc has the right to hold and place a lien on all customer property in DiggyPOD, Inc's possession. This right applies even if credit has been extended, notes have been accepted, trade acceptances have been made, or payment has been guaranteed. If payment is not made, the customer is liable for all collection costs incurred.
13) Liability Disclaimer of Express Warranties ~ DiggyPOD, Inc warrants that the work is as described as placed on DiggyPOD, Inc's website. The customer understands that all sketches, copy, dummies, and preparatory work shown to the customer are intended only to illustrate the general type and quality of the work. They are not intended to represent the actual work performed.
Disclaimer of Implied Warranties ~ DiggyPOD, Inc warrants only that the work will conform to the description contained in the purchase order. DiggyPOD, Inc's maximum liability, whether by negligence, contract, or otherwise, will not exceed the return of the amount invoiced for the work in the dispute. Under no circumstances will DiggyPOD, Inc be liable for specific, individual, or consequential damages.
14) Indemnification ~ The customer agrees to protect DiggyPOD, Inc from economic loss and any other harmful consequences that might arise in connection with the work. This means the customer will hold DiggyPOD, Inc harmless and save, indemnify, and otherwise defend DiggyPOD, Inc against claims, demands, actions, and proceedings on any and all grounds. This will apply regardless of responsibility for negligence.
15) Copyrights ~ The customer also warrants that the subject matter to be printed is not copyrighted by a third party. The customer also recognizes that because subject matter does not have to bear a copyright notice to be protected by copyright law, absence of such notice does not necessarily assure a right to reproduce. The customer further warrants that no copyright notice has been removed from any material used in preparing the subject matter for reproduction. To support these warranties, the customer agrees to indemnify and hold DiggyPOD, Inc harmless for all liability, damages, and attorney fees that may be incurred in any legal action connected with copyright infringement involving the work produced or provided.
16) Personal or Economic Rights ~ The customer also warrants that the work does not contain anything that is libelous or scandalous or anything that threatens anyone's right to privacy or other personal or economic rights. The customer will, at the customer's sole expense, promptly and thoroughly defend DiggyPOD, Inc in all legal actions on these grounds as long as DiggyPOD, Inc promptly notifies the customer of legal action, and gives the customer reasonable time to undertake and conduct a defense. DiggyPOD, Inc reserves the right to use its sole discretion in refusing to print anything DiggyPOD, Inc deems libelous, scandalous, pornographic, improper, or infringing on copyright law.
17) Storage ~ DiggyPOD, Inc retains copies of production files used for a period of three years. If requested by the customer, intermediate materials will be stored for an additional period at an additional charge. DiggyPOD, Inc is not liable for any loss or damage to stored material beyond what is recoverable by DiggyPOD, Inc's fire and extended insurance coverage.
18) Taxes ~ All taxes and assessments levied by any governmental authority are the responsibility of the customer. All amounts due for taxes and assessments will be added to the customer's invoice. No tax exemption will be granted unless the customer's "Exemption Certificate" (or other official proof of exemption) accompanies the purchase order. If, after the customer has paid the invoice, it is determined that more tax is due, then the customer must promptly remit the required taxes to the taxing authority or immediately reimburse DiggyPOD, Inc for any additional taxes paid.
19) Telecommunications ~ Unless otherwise agreed, the customer will pay for all transmission charges. DiggyPOD, Inc is not responsible for any errors, omissions, or extra costs resulting from faults in transmission.