Sales Contract for Circle R Screen Printing and Embroidery Services

Terms and Conditions

Payment

For all new internet customers, payment authorization for the full amount of the order is due at the time of placement of the order. We accept payments via company check, major credit card or PayPal. If paying via credit card, Circle R will "authorize" the sale amount at the time of order to verify with your bank that the fund are available and that you are the authorized cardholder. We will only "finalize" the charge to your credit card once the custom printed garments have left our shop.

Seller does not have the responsibility to commence work until this amount is collected. Unless provided for in advance, the balance of the purchase price is to be paid at the time of delivery, or attempted delivery by seller or his agent, by credit card, certified check or money order payable to the seller. Unless on account, all orders must be paid in full before goods can depart seller's location. Claims for tax exemption must be supported by a tax number or certificate at the time of order placement. No refunds shall be made if a certificate is provided subsequent to the transaction.

Non Payment According to Agreed Upon Terms

Buyer agrees to pay a late payment charge on all overdue balances in an amount not to exceed the legal limit. Should seller choose to pursue collection of this debt in a court of law, and should seller prevail, buyer further agrees to pay the reasonable legal and collection expenses of the seller. Until payment is received, seller shall have the right to retain possession of and shall have a lien upon all of buyers property, or property for which buyer is a custodial or third party agent, (in the case of an ad agency agreement with a third party end user) which is in the possession of the seller, including but not limited to artwork, films, raw materials, substrates, work in progress and finished work.

Ownership of Artwork and Materials

Circle R Printing does not own any designs or ideas you upload to our servers or any designs that we print or embroider in-house for our clients.

You retain all rights to your artwork, designs, ideas and intellecutal property that you submit for quotes or printing through Circle R Printing.

To legally operate, we need to have the ability to use the images you upload. This is called a license. Your Circle R Printing account allows you to give us a free license to use the images for the following purposes:

• Printing or embroidering onto ANY items you order from us.
• We will always say the images we use of yours are yours. We will not take any credit for your work.
• You are free to use your own images with any other printer or service.

All films and screens created by or furnished by the seller remain as sellers exclusive property. No use of same shall be made, nor ideas obtained there from be used, except upon compensation to be determined by the seller, or unless otherwise agreed to in writing. Written artwork approval is required on all new art including customer furnished pieces.

Circle R Printing agrees not to share your ideas or designs with any person or entity not employeed with or contracted by our company for the use of supplying you a quote or printing your order

Copyright Indemnification

In the event that seller is to imprint at the request of buyer a likeness of a person, product, or any other thing, either provided by the buyer or provided by the seller at the buyer's request, buyer hereby represents that said likeness is being produced with the knowledge and consent of the individual or entity having the rights thereto. On request by seller, buyer shall provide evidence of authority to produce such likeness Buyer agrees to hold seller free and harmless from all liability and indemnify seller from the loss, damage or injury which he may suffer as a result of the reproduction of the likeness requested by the buyer.

General Warranty

Seller warrants that the goods are as described in this agreement. However, seller disclaims all express and implied warranties of merchantability and warranty of fitness for a particular purpose, unless specifically agreed upon in writing and made part of this agreement.

Dye Lots

Due to market conditions and manufacturer garment mill variances beyond the seller's control, seller cannot guarantee consistency of dye colors throughout an individual order or from one order to the next.

Color Matching

PMS matching is available upon request. PMS matching is only a guideline. Due to the differences between paper and textiles or other substrates this is not guaranteed.

Minimums & Reorders

Due to the time involved in setting up an order we require a minimum of one dozen pieces per screen. Reorders are required at the same rate.

Substitutions

Seller reserves the right, when necessary, to substitute material of equal or better quality without notification. If you would not like any substitutions with your order, please notify us at the time of ordering.

Overruns or Underruns

Overruns and underruns not to exceed the industry standard 2% of the amount ordered will constitute acceptable delivery unless otherwise specified. An appropriate credit will be made for the under amount. All underruns shall be charged at the unit price of the order. If buyer requests "no less than" or "Ship Complete" delivery, we will do our best to accomodate a complete order as specified.

Purchase of Rejects

Buyer shall have the right to purchase goods rejected for cause at a discount of 25%. As to those goods not purchased by buyer, seller shall have the right to sell them as seconds, unless the buyer has furnished the goods on which the printing has been done, in which buyer shall have the right to the goods.

Goods Supplied by Buyer (Customer Supplied Garments)

Goods on which printing is to be done and furnished by buyer shall be properly packed, free from dirt, grit, torn fabric or materials and of proper quality for printing requirements. Additional costs due to delays or impaired production because of improper packing or quality of goods furnished by buyer shall be charged to buyer at prevailing shop rates. Any goods supplied by buyer are at his risk based on differences in wash fastness and absorption qualities of fibers. Stock provided by buyer for four color process printing shall be white or light tan. Any other colors supplied by buyer shall be imprinted at buyer's risk as to color, color balance and tonal presentation.

Please note that not all garments have a surface texture and size suitable for screen printing or embroidery. Send your customer supplied garments at your own risk! Circle R Printing will not be responsible for misprints on customer supplied garments. Circle R Printing will gladly replace any misprinted garments that we decide are truly "misprinted" and were first purchased as blanks through Circle R Printing

Storage of Buyers Merchandise and Completed Work

When buyers merchandise or completed work is gratuitously held and stored by seller at buyer's request, notwithstanding seller's negligence, buyer shall assume full risk of loss. When storage is charged for at current rates, seller shall maintain fire, extended coverage, vandalism, malicious mischief and sprinkler leakage insurance on all property belonging to the buyer while in the seller's possession. Seller's liability for such property shall not exceed the amount recoverable from such insurance.

Refund Policy

In the event of a breach by seller, claims for defects, damages or shortages not related to transportation, must be made in writing by the buyer within five (10) days after delivery. Failure to make such a timely claim shall constitute complete and irrevocable acceptance of the shipment. Claims must specify in detail the objections of the buyer. No claims shall be made except for defects therein or for non-conformity with some material provision of the order. The sole option of the buyer as to any order property rejected will be to ship such goods to seller within five (5) days following written authorization. In all cases, seller's liability shall be limited to the stated selling price of the product, or at seller's option replacement of the merchandise. Buyer shall have no right to recover by procuring replacement goods. In no event shall seller be liable for special or consequential damages, including profits lost, whether or not caused by or resulting from seller's negligence.

Arbitration

In cases of misunderstanding or disagreement in interpretation of specifications, or where new conditions arise where seller and buyer are unable to agree, the disputes shall be submitted to a special arbitration committee of three, one member representing the seller, one the buyer and one selected and agreed upon by the representatives of the seller and the buyer. The majority decision of the committee shall be binding upon the buyer and the seller.

Attorney's Fees

In the event seller takes legal action concerning the terms of this agreement, or if seller retains an attorney to secure collection of all or any portion of an account, whether or not the matter proceeds to judgment, seller shall be entitled to reasonable attorney's fees and out of pocket costs incurred.

CHOICE OF LAW AND FORUM

This site (excluding third party linked sites) is controlled by the Company from its offices within the State of California , U.S. of America. It can be access from all 50 states as well as from other countries around the world to the extent permitted by site. As each of these places has laws that may differ from the state of California , by accessing this site, both you and the Company agree that the statues and laws of the shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regard to conflicts of laws principles thereof. You and the Company also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of Sacramento, California, and any legal proceedings shall be conducted in English. The Company makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.