Please read these Terms &
Conditions; by ordering with us, you state that you agree to them.
(Sorry they're a bit tedious.)
Terms, and Conditions
These Terms and Conditions are subject to revision at any time.
Most recent revision: May 2007
By ordering with Rockwell, you
state that you agree to these Terms & Conditions. If you don't
agree, please don't order. (But please talk to us & let us
Rockwell Merch is the imprinted
merchandise division of Rockwell Art House. In these Terms and Conditions, "printer,"
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.
A quotation not accepted within fourteen (14) days is subject to
3 Order Cancellation
At any time, either party shall have the right to cancel the
order. In the case of an order cancellation, if the printer has
already commenced working on the order, he shall be entitled to
full reimbursement for any costs already incurred, including
penalties or restocking charges that printer's suppliers may
charge him. This reimbursement shall be taken from the advanced
deposit and the balance refunded to the customer. If, prior to
payment, any preliminary work has been done at the desire of the
customer, and the order is not continued, customer will be charged
accordingly. Cancellation of an order after work has been
completed may result in full charge to the customer. If the
printer is forced to cancel an order through no fault of the
customer, printer shall refund full deposit to the customer.
4 Production Schedules
Production schedules will be established and adhered to by
customer and printer, provided that neither shall incur any
liability or penalty or delays due to state of war, riot, civil
disorder, fire, strikes, accidents, inclement weather, action of Government or civil
authority and acts of God or other causes beyond the control of
customer or printer.
Alterations represent work performed in addition to the original
specifications. Such additional work shall be charged at current rates and be supported with documentation upon request.
6 Experimental Work
Experimental work performed at customer's request, such as
sketches, drawings, composition, screens, presswork and materials,
will be charged for at current rates and may not be used without
consent of the printer.
7 Preparatory Work
Sketches, copy dummies and all preparatory work created or
furnished by the printer, shall remain his 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 the printer.
8 Preparatory Materials
All artwork, type, screens, color separations, and other items when supplied by the printer shall remain his
exclusive property unless otherwise agreed in writing.
9 Condition of Customer Supplied Artwork
Unless otherwise specified, estimates for orders are based on
customer supplying artwork that meets the printer's requirements
for "camera 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.
When printer creates or designs artwork, copyright to that work is maintained by printer. 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.
Art proofs shall be submitted for customer approval prior to
production, usually via email. Approvals and corrections are to be returned via email (or on paper proofs, if supplied) according to printer's specified proofing procedure, marked "Approved" or "Approved with corrections" and include the date and customer's name. (Email proof approval substitutes for signed approval.) If revised proofs are desired, request must be made when proof corrections are returned.
When customer supplies "camera ready" art, no proofs
will be given. Printer regrets any errors that may occur through production undetected, but cannot be held responsible for errors if the work is printed per customer's approval or if changes are communicated verbally. Printer 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.
12 Color Proofing
Because of differences in equipment, materials, garments, inks and other conditions between color proofing and actual printing operations, a reasonable variation
between color proofs (including, when applicable, specifications for color matching) and the completed job shall constitute acceptable delivery.
13 Dye Lot
Due to the practice of batch processing knitted goods when they are dyed, printer cannot guarantee consistancy of color on garments from dye lot to dye lot or from one order to the next.
14 Overruns or Underruns
Due to the nature of custom imprinting, exact quantities cannot be
guaranteed. Overruns or underruns not to exceed 10% on quantities ordered and/or the percentage agreed upon over or under quantities ordered shall constitute acceptable delivery. Printer will bill for actual quantity delivered within this tolerance. If customer requires guaranteed "no less than" delivery, percentage of tolerance of overage must be doubled.
Printer 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 will be charged at current rates.
Printer reserves the right to print and keep samples of any order for display and personal use, on his own materials, at his own expense. Printer also reserves the right to show samples of artwork and finished items in person, on the Web and in other formats and to refer to the customer for whom the work is done without notification to the customer, unless other specific arrangements are made with the customer in advance.
It is the printer's option to dispose of or destroy reject material. Printer
may, at his discretion, offer them to buyer at a reduced cost to be determined by the
printer. In any event, printer has the right to sell rejects as seconds or irregulars, donate them to charity,
or to discard them in any manner he sees fit. If buyer provided the goods to print on he shall be entitled to all rejects. Printer shall not be obligated to purchase rejects from buyer. Unless otherwise
specified in writing by printer, buyer bears all risk for supplied goods.
18 Customer-Furnished Materials
Garments, stock, copy, computer files, film, color separations and
other customer furnished materials shall be manufactured or
generated, packaged and delivered to printer's specifications.
Additional cost due to delays or impaired productions caused by
specification deficiencies shall be charged to the customer.
19 Customer's Property
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.
Depending on order specifications, shipping charges may be included in original quote, or may be added later. Customer shall pay for shipping, unless local delivery by printer is arranged with
customer. Title for finished work shall pass to the customer upon delivery to carrier at shipping
point or upon delivery to customer by printer. Special priority pickup or delivery service may be provided at current rates upon customer's
request if available. 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.
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.
Due to the custom nature of this work, full payment of price quoted must be made in advance. Printer 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 printer.
24 General Warranty
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 during laundering. Likewise, due to various possible applications and conditions, lifespan, durability, and lightfastness of non-garment items are 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.
26 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.
27 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.