10. Credit Card Forced Refund/Chargeback Policy
All credit card issues and/or disputes on products or services purchased by your credit card authorization from heightsprintstore.com shall be dealt with between the customer and heightsprintstore.com. By agreeing to these terms and conditions the customer agrees to never chargeback a purchase for any reason.
11. Store Credit
Under no circumstances will store credit be exchanged for cash. Store credit may not be combined with any current specials or other promotion.
12. Accuracy of Specifications
Quotations are based on the accuracy of the specifications provided. heightsprintstore.com can re-quote a job at the time of submission if the art does not conform to the information on which the original estimate was based. Orders placed with heightsprintstore.com are to the client’s knowledge correct, and there are no conditions or agreements relating to the order which are not written or accompanying said order.
13. Liability
heightsprintstore.com’s liability shall be limited to the stated selling price to the customer of any defective goods, and shall in no event include special, consequential, incidental, indirect or similar damages, including without limitation, lost profits. heightsprintstore.com warrants that every product manufactured meets the industry standard for that such product and is free of any material defect in workmanship. IT IS EXPRESSLY AGREED THAT THIS WARRANTY IS IN LIEU OF ALL WARRANTIES OF FITNESS FOR PARTICULAR USE AND MERCHANTABILITY. heightsprintstore.com makes no other warranty and no actions or words of heightsprintstore.com or its officers, employees or agents shall constitute a warranty.
14. Governing Law and Arbitration
Any dispute between any of the parties hereto or any claim by a party against another party arising out of or relating to this Agreement or any alleged breach thereof, shall be determined by arbitration in accordance with the commercial arbitration rules then in force with the American Arbitration Association. The arbitration shall be conducted in Houston, TX and shall be subject to the substantive law of the State of TX. The decision rendered by the arbitrator shall be accompanied by a written opinion in support thereof and shall be final, conclusive and binding upon the parties in the dispute without right of appeal. Judgment upon any such decision may be entered in any court having jurisdiction thereof, or application may be made to such court for a judicial acceptance of the decision of an order of enforcement, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys fees, to be paid by the parties against whom enforcement is ordered. The fees and expenses of such arbitration shall be borne by the non-prevailing party, as determined by such arbitration.
15. Indemnification
The customer represents that it has the legal right to produce all printed materials ordered from heightsprintstore.com. In the event that a charge, claim or demand, or arbitration, action or proceeding (collectively, a “Claim”) is made or commenced against heightsprintstore.com based upon, relating to or arising from the alleged wrongful acts of the customers, or alleging that the printing performed or product produced by heightsprintstore.com ordered by the customer: (a.) infringes any copyright, patent or other proprietary right of any person; or (b.) contains matter that is libelous, slanderous, defamatory, scandalous or obscene, the customer shall indemnify and hold heightsprintstore.com harmless from and against any loss, damages, cost and expense arising from or related to the Claim including without limitation; (1.) defending heightsprintstore.com against any such Claim (2.) paying any judgment or award against the customer; and (3.) reimbursing heightsprintstore.com for any legal fees and expenses it reasonably incurs in responding.
16. Electronic Manuscripts/Images
It is the client’s responsibility to maintain a copy of the original computer files, artwork and transparencies. heightsprintstore.com is not responsible for accidental loss or damage to media supplied by the client or for errors on supplied artwork furnished by the client. Until heightsprintstore.com can evaluate digital input, no claims or promises are made about our 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 client-supplied files will be charged at our current rates. heightsprintstore.com does not archive your work for longer than it takes to produce the final product. Please save your work!
17. Alterations/Corrections
Client alterations must be specified in writing and must include all corrections or changes from the original specifications. Such work will be charged at our current design rate.
18. Prepress/Hardcopy Proofs
When ordered by the customer, heightsprintstore.com will submit color proofs for the customer’s review and approval. Shipping charges may be assessed when sending a proof via mail, courier or any means other then pickup. To request a proof you must order it through the website shopping cart system when placing your print order. Proofs must be returned to heightsprintstore.com marked “O.K.” or “Revised Proof Required” and signed by the customer. Until the proof is returned, no additional work will be performed. heightsprintstore.com will not be responsible for undetected production errors if:
- Proofs are waived by the client;
- The work is printed per the client’s written OK;
- Requests for changes are communicated verbally.
All requests for changes of any kind must be made in writing to avoid mistakes.
19. Color Proofing
Because of differences in equipment, paper, inks, and other conditions between color proofing and production pressroom operations, a “pleasing color” variation between color proofs and the completed job [as determined by generally accepted trade technical methods] is to be expected. When such a variation occurs, it will be considered acceptable performance.
20. Overruns/Underruns
The generally accepted trade practice is plus or minus 10%.