custom tshirts, custom printed apparel, Policies
UBMERCH.COM POLICIES
CUSTOM ORDER TERMS & CONDITIONS
The customer represents and warrants to Ultimate Image : (a) that it is the true and rightful owner of, or is licensed or otherwise possesses legally enforceable rights to use the registered and unregistered 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 the materials provided to Ultimate Image by the customer under this agreement, including but not limited to the right to reproduce, manufacture and otherwise use the materials: (b) that the customer and Ultimate Image are not, or will not be, as a result of the execution and delivery of this agreement or the performance by Ultimate Image of the obligations hereunder, in violation of any intellectual property rights of third parties; and (c) that no claims with respect to the customer's intellectual property rights or third party intellectual property rights in the materials are currently pending, nor to the knowledge of the customer, are threatened by any person, nor, to the customer's knowledge, do any grounds for any claims exist. Customer agrees to indemnify, defend, protect, and hold harmless Ultimate Image and its subsidiaries and their respective officers, directors, agents, affiliates, distributors, franchisees, and employees (collectively, "indemnified parties") against any liabilities, losses, claims, damages, punitive damages, causes of action, lawsuits, administrative proceedings (including interest from the date of such damages), and costs and expenses (including without limitation reasonable attorneys' fees and disbursements of every kind, nature, and description) (collectively, "damages") suffered, sustained, incurred, or paid by the indemnified parties in connection with, resulting from, or arising out of, directly or indirectly (i) any claim, demand, proceeding, or lawsuit by a third party based on any assertion that the services provided to the customer under this agreement breaches the patent, copyright, trademark, trade secret, or other proprietary right of such third party and (ii) any breach of any representation or warranty of the customer set forth in this agreement or the form, Intellectual Property Ownership Agreement, Purchase Order, or in any other form or document in connection herewith. If Ultimate Image determines, or has reason to believe, that the customer does not have the authority to produce the products sought hereunder, Ultimate Image will have no further obligations to the customer to provide any products or any other services with respect to such materials, and Ultimate Image will return such materials to the customer.
Pricing and Delivery
All quoted delivery times are AFTER APPROVAL of the artwork / sample by the customer. NO ORDERS WILL BE MANUFACTURED WITHOUT WRITTEN/EMAIL APPROVAL. The order may be delayed if the customer has failed to provide to Ultimate Image all necessary materials required to produce the product. Quoted / acknowledged delivery dates are only estimated dates of delivery. Ultimate Image specifically disclaims liability for delays in delivery and any resulting consequential damage or losses. Upon completion of any custom printing order Ultimate Image will retain certain production masters (e.g. original graphics files, and other materials needed to manufacture the product to the customer's specification) for a period of 12 months from the date the product was last ordered or reordered. After this time the materials may be discarded. Customer reorders placed after more than 12 months of inactivity may incur additional setup charges.
Payment Terms
All payments must be made in full before manufacturing. A delay in payment may cause a delay in reaching customer specified shipping times. Warranty of product, limitation of liability, and indemnification Ultimate Image warrants that material produced and delivered by Ultimate Image meets Ultimate Image ' standard specifications for the material or such other specifications as described in its catalog and meets generally accepted industry standards. All custom-manufactured and/or printed Ultimate Image products are unconditionally guaranteed against defects in quality and workmanship. If any custom-manufactured product produced by Ultimate Image from or through the use of materials is found to be defective in quality, or is shipped or labeled in error, Ultimate Image will replace or repair defective product and/or correct error in shipment or labeling at its own expense or, at Ultimate Image ' option, refund to customer part or all of the purchase paid to Ultimate Image , on the condition that a) written notice of such defect or error is received by Ultimate Image at its office within two (2) days of recieving your order, and b) the defect or error did not result from a defect or error in the materials supplied by or on behalf of the customer. If said notice is not received by Ultimate Image within the date indicated above, Ultimate Image will be deemed to be released by customer from any and all liability regardless of fault. The customer shall return any defective product to Ultimate Image should Ultimate Image so request. No merchandise may be returned to Ultimate Image without written return authorization by Ultimate Image. Products returned without authorization will not qualify for a refund, reprint or any other action by Ultimate Image. Product reruns or purchase price refunds will be prorated based on the quantity of defective merchandise returned. Ultimate Image is not responsible for any loss of revenue or profit or other financial damages of any kind whatsoever, whether direct or indirect, suffered by the customer for any reason whatsoever.
Order Acknowledgment & Order Cancellation - Products will be manufactured to the specifications outlined on the attached order acknowledgment. All change orders must be in writing.
Orders for custom products are subject to cancellation fees as follows: Artwork completed 50% of total project. Manufacturing started 100% of total project In any case the customer will be responsible for all costs incurred by Ultimate Image related to pre-manufacturing or manufacturing of any product, prior to receipt of notice of cancellation. After such cancellation, the customer's materials and any completed product may be delivered to the customer only after all sums owed to Ultimate Image have been paid in full by cash or check. Products will be manufactured to the specifications outlined on the attached order acknowledgment. All change orders must be in writing.
Orders for custom products are subject to cancellation fees as follows: No work has been preformed by Ultimate Image 0 % of total project Artwork completed 50% of total project Manufacturing started 100 % of total project In any case the customer will be responsible for all costs incurred by Ultimate Image related to pre-manufacturing or manufacturing of any product, prior to receipt of notice of cancellation. After such cancellation, the customer's materials and any completed product may be delivered to the customer only after all sums owed to Ultimate Image have been paid in full by cash or check.
All sales are final. Proofs are provided to show size and location. Your actual print image may vary from the proof and original image based on the quality and complexity of your design.
The customer represents and warrants to Ultimate Image : (a) that it is the true and rightful owner of, or is licensed or otherwise possesses legally enforceable rights to use the registered and unregistered 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 the materials provided to Ultimate Image by the customer under this agreement, including but not limited to the right to reproduce, manufacture and otherwise use the materials: (b) that the customer and Ultimate Image are not, or will not be, as a result of the execution and delivery of this agreement or the performance by Ultimate Image of the obligations hereunder, in violation of any intellectual property rights of third parties; and (c) that no claims with respect to the customer's intellectual property rights or third party intellectual property rights in the materials are currently pending, nor to the knowledge of the customer, are threatened by any person, nor, to the customer's knowledge, do any grounds for any claims exist. Customer agrees to indemnify, defend, protect, and hold harmless Ultimate Image and its subsidiaries and their respective officers, directors, agents, affiliates, distributors, franchisees, and employees (collectively, "indemnified parties") against any liabilities, losses, claims, damages, punitive damages, causes of action, lawsuits, administrative proceedings (including interest from the date of such damages), and costs and expenses (including without limitation reasonable attorneys' fees and disbursements of every kind, nature, and description) (collectively, "damages") suffered, sustained, incurred, or paid by the indemnified parties in connection with, resulting from, or arising out of, directly or indirectly (i) any claim, demand, proceeding, or lawsuit by a third party based on any assertion that the services provided to the customer under this agreement breaches the patent, copyright, trademark, trade secret, or other proprietary right of such third party and (ii) any breach of any representation or warranty of the customer set forth in this agreement or the form, Intellectual Property Ownership Agreement, Purchase Order, or in any other form or document in connection herewith. If Ultimate Image determines, or has reason to believe, that the customer does not have the authority to produce the products sought hereunder, Ultimate Image will have no further obligations to the customer to provide any products or any other services with respect to such materials, and Ultimate Image will return such materials to the customer.
Pricing and Delivery
All quoted delivery times are AFTER APPROVAL of the artwork / sample by the customer. NO ORDERS WILL BE MANUFACTURED WITHOUT WRITTEN/EMAIL APPROVAL. The order may be delayed if the customer has failed to provide to Ultimate Image all necessary materials required to produce the product. Quoted / acknowledged delivery dates are only estimated dates of delivery. Ultimate Image specifically disclaims liability for delays in delivery and any resulting consequential damage or losses. Upon completion of any custom printing order Ultimate Image will retain certain production masters (e.g. original graphics files, and other materials needed to manufacture the product to the customer's specification) for a period of 12 months from the date the product was last ordered or reordered. After this time the materials may be discarded. Customer reorders placed after more than 12 months of inactivity may incur additional setup charges.
Payment Terms
All payments must be made in full before manufacturing. A delay in payment may cause a delay in reaching customer specified shipping times. Warranty of product, limitation of liability, and indemnification Ultimate Image warrants that material produced and delivered by Ultimate Image meets Ultimate Image ' standard specifications for the material or such other specifications as described in its catalog and meets generally accepted industry standards. All custom-manufactured and/or printed Ultimate Image products are unconditionally guaranteed against defects in quality and workmanship. If any custom-manufactured product produced by Ultimate Image from or through the use of materials is found to be defective in quality, or is shipped or labeled in error, Ultimate Image will replace or repair defective product and/or correct error in shipment or labeling at its own expense or, at Ultimate Image ' option, refund to customer part or all of the purchase paid to Ultimate Image , on the condition that a) written notice of such defect or error is received by Ultimate Image at its office within two (2) days of recieving your order, and b) the defect or error did not result from a defect or error in the materials supplied by or on behalf of the customer. If said notice is not received by Ultimate Image within the date indicated above, Ultimate Image will be deemed to be released by customer from any and all liability regardless of fault. The customer shall return any defective product to Ultimate Image should Ultimate Image so request. No merchandise may be returned to Ultimate Image without written return authorization by Ultimate Image. Products returned without authorization will not qualify for a refund, reprint or any other action by Ultimate Image. Product reruns or purchase price refunds will be prorated based on the quantity of defective merchandise returned. Ultimate Image is not responsible for any loss of revenue or profit or other financial damages of any kind whatsoever, whether direct or indirect, suffered by the customer for any reason whatsoever.
Order Acknowledgment & Order Cancellation - Products will be manufactured to the specifications outlined on the attached order acknowledgment. All change orders must be in writing.
Orders for custom products are subject to cancellation fees as follows: Artwork completed 50% of total project. Manufacturing started 100% of total project In any case the customer will be responsible for all costs incurred by Ultimate Image related to pre-manufacturing or manufacturing of any product, prior to receipt of notice of cancellation. After such cancellation, the customer's materials and any completed product may be delivered to the customer only after all sums owed to Ultimate Image have been paid in full by cash or check. Products will be manufactured to the specifications outlined on the attached order acknowledgment. All change orders must be in writing.
Orders for custom products are subject to cancellation fees as follows: No work has been preformed by Ultimate Image 0 % of total project Artwork completed 50% of total project Manufacturing started 100 % of total project In any case the customer will be responsible for all costs incurred by Ultimate Image related to pre-manufacturing or manufacturing of any product, prior to receipt of notice of cancellation. After such cancellation, the customer's materials and any completed product may be delivered to the customer only after all sums owed to Ultimate Image have been paid in full by cash or check.
All sales are final. Proofs are provided to show size and location. Your actual print image may vary from the proof and original image based on the quality and complexity of your design.
Out of stock items may receive equivalent replacement unless customer chooses to wait until out of stock item is available again.
Standard colors will always be used unless otherwise requested by the customer, Ultimate Image accepts no liability for jobs that did not request a pms color match.
Standard colors will always be used unless otherwise requested by the customer, Ultimate Image accepts no liability for jobs that did not request a pms color match.
