TERMS OF SERVICE
This Terms of Service applies to FlatOut Fulfillment's ("FlatOut") fulfillment services. Specifics will be addressed in the Service Agreement.
QUOTATION
A quotation not accepted within 5 days of being presented to a client or prospective client is no longer binding on FlatOut and may be changed in FlatOut's sole discretion.
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 FlatOut's control. Canceled orders require compensation for incurred costs and related obligations.
ACCURACY OF SPECIFICATIONS
All work will be performed based upon the quote accepted by the client. FlatOut can re-quote a job at time of submission if, materials provided by the client or quantity stated do not conform to the information on which the original quotation was based.
ELECTRONIC MANUSCRIPT OR IMAGE
It is the client's responsibility to maintain a copy of any original files. FlatOut is not responsible for accidental damage to media supplied by the client, or for the accuracy of furnished input or final output.
ALTERATIONS/CORRECTIONS
Client alterations include all work performed in addition to the original specifications. All such work will be charged at FlatOut's current rates.
CLIENT'S PROPERTY
FlatOut will only maintain fire and extended coverage on property belonging to the client while the property is in FlatOut's possession. FlatOut's liability for this 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 FlatOut.
PRODUCTION SCHEDULES
Production schedules will be established and followed by both the client and FlatOut. In the event that production schedules are not adhered to by the client, delivery dates will be subject to renegotiation. There will be no liability or penalty for delays due to state of war, riot, civil disorder, fire, strikes, accidents, action of government or civil authority, acts of God, or other causes beyond the control of FlatOut. In such cases, schedules will be extended by an amount of time equal to the delay incurred.
TERMS/CLAIMS/LIENS
Payment is net cash, set number of days from date of invoice based on terms established and approved credit lines. Otherwise, pre-payment in full is required. Claims for defects, damages or shortages must be made by the client in writing no later than 5 calendar days after delivery. If no such claim is made, FlatOut and client will understand that the job has been accepted. By accepting the job, the client acknowledges that FlatOut's performance has fully satisfied all terms, conditions, and specifications.
FlatOut's liability will be limited to the quoted selling price of defective goods, without additional liability for special or consequential damages. As security for payment of any sum due under the terms of an agreement, FlatOut has the right to hold and place a lien on all client property in FlatOut'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 client is liable for all collection costs incurred.
LIABILITY
Disclaimer of Express Warranties. FlatOut warrants that the work is as described in the purchase order. The client understands that all sketches, copy, dummies, and preparatory work shown to the client 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. FlatOut warrants only that the work will conform to the description contained in the purchase order. FlatOut's maximum liability, whether by negligence, contract, or otherwise, will not exceed the return of the amount invoiced for the work in dispute. Under no circumstances will FlatOut be liable for specific, individual, or consequential damages.
INDEMNIFICATION
The client agrees to protect FlatOut from economic loss and any other harmful consequences that could arise in connection with the work. This means that the client will hold FlatOut harmless and save, indemnify, and otherwise defend him/her against claims, demands, actions, and proceedings on any and all grounds. This will apply regardless of responsibility for negligence.
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Copyrights. The client also warrants that the subject matter to be printed is not copyrighted by a third party. The client also recognizes that because subject matter does not have to bear a copyright notice in order to be protected by copyright law, absence of such notice does not necessarily assure a right to reproduce. The client 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 client agrees to indemnify and hold FlatOut 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.
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Personal or Economic Rights. The client 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 client will, at the client's sole expense, promptly and thoroughly defend FlatOut in all legal actions on these grounds as long as FlatOut:
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Promptly notifies the client of the legal action.
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Gives the client reasonable time to undertake and conduct a defense.
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FlatOut reserves the right to use its sole discretion in refusing to print anything it deems illegal, libelous, scandalous, improper or infringing upon copyright law.
STORAGE
FlatOut will retain intermediate materials until the related end product has been accepted by the client. If requested by the client, intermediate materials will be stored for an additional period at additional charge. FlatOut is not liable for any loss or damage to stored material beyond what is recoverable by FlatOut's fire and extended insurance coverage.
TAXES
All amounts due for taxes and assessments will be added to the client's invoice and are the responsibility of the client. No tax exemption will be granted unless the client's "Exemption Certificate" (or other official proof of exemption) accompanies the purchase order. If, after the client has paid the invoice, it is determined that more tax is due, then the client must promptly remit the required taxes to the taxing authority, or immediately reimburse FlatOut for any additional taxes paid.
TELECOMMUNICATIONS
Unless otherwise agreed, the client will pay for all transmission charges. FlatOut is not responsible for any errors, omissions, or extra costs resulting from faults in transmission.