Terms and Conditions of sale.

Summary of terms of sale


[a] Custom items are not returnable unless there was an error in manufacture, as verified by LetterBank or a LetterBank Agent, herin refered to as "Agency". Returns for replacement must be arranged and authorized by Company for proper credit.
[b] Custom items are as defined by Agency, to include but not limited to:
Light Boxes and Lighted Signs, Fabrics, Banners, Dimensional Letters (not including acrylic and flex letter sets), anything printed, cut or assembled for you when your order is received.
[c] Stock items may be returned for partial credit if claim is received within five days of receipt of order, with a valid Return Authorization (RA) number. Items received without RA are not eligible for refund, and cannot be credited to your account. Refunds are by check within 30 days of receipt.

Normal delivery 2-3 weeks from date of order. Fabric availability and completeness of order may delay date.
Some colors and/or prints are subject to minimum order requirements.
Dye lots vary within industry standards.
Prices quoted or charged are FOB factory/mill.
LetterBank must be notified of any mistakes, errors or ommissions within 5 days of receipt of order.
Custom orders require 50% non-refundable deposit minimum.

Misdirected shipments: We reserve the right to re-ship or to issue a call tag. Under no circumstances is LetterBank liable for any costs associated with the customer
deadline or reshipping reimbursements unless shipping guarantee is added to order at extra cost.

All quotes are valid 20 days.
Rush orders cannot be cancelled.
LetterBank reserves the right to cancel or delay shipments based upon credit or payment status.
Orders ship at 5%± per industry standards unless “minimum of” quantity insurance charged for your project.
Prices subject to change without notice.
Restocking charge is 50% minum plus handling.
Returned check charge is $200.00.
Credit card orders will be processed at receipt of order.
Guaranteed shipping may be available at extra cost and is not guaranteed as we have no control over shipper performance.
Late fee of 2% or $10 per month, whichever is greater, is added to past due invoices.
At 90 days past due, the account is closed and turned to collections. Customer is responsible for all fees associated with recovery and payment of past due amounts.
Terms are net 30 unless otherwise specified.
Orders for less than minimum order will accrue a $25 handling charge.
All first time orders must be prepaid by cash, check or credit card until credit is established.
Orders exceeding $2,500.00 require a 50% deposit. Foreign accounts prepaid only.
 

1. QUOTATION.

A quotation not accepted within THIRTY (30) days, then used as a basis for an order, will be charged at the prevalent rate on the date the order is received. Actual charges will reflect current rates for materials plus tax and shipping/handling charges.

2. ORDERS.

2A Orders entered; verbal, written or electronic, cannot be canceled except upon terms that will compensate and indemnify LetterBank (hereafter known as the agency) against loss.

2B Purchase of logo or any original artwork as part of a sig, mockup, prototype, proof or advertisement does not entitle buyer to use said artwork for any purpose other than that one purpose for which it was expressly created. This supersedes any verbal or written claims to the contrary. Any other use by buyer or assignee is a breach of contract and subject to fees and any and all court and attorney expenses.

3. EXPERIMENTAL or SPECULATIVE WORK.

Experimental work performed at customer's request, such as sketches, drawings, compositions, renderings, mock-ups, cutting and materials will be charged for at prevailing agency rates and may not be used without consent of the agency.

4. PREPARATORY WORK.

Sketches, copy, dummies (mock-ups) and all preparatory work created or furnished by the agency shall remain the agency's property and no use of the same shall be made, nor any idea obtained there from be used, except upon compensation to be determined by the agency. Use of agency artwork for printing, duplication or other reproduction without adequate compensation to the agency is a breach of good faith and is subject to billing by the agency at a compensatory rate for the amount of use, the variety of uses, and an assigned value for those uses.

5. CONDITION OF COPY.

Estimates for art are subject to receipt and review of art or rendered idea from customer, and may accrue additional charges based upon any changes required.

6. PREPARATORY MATERIALS.

Artwork, type, computer digitizing and scanning, artwork rendering and cleanup time, mock-ups and other items when supplied by the agency shall remain agency's exclusive property unless otherwise agreed in writing.

7. ALTERATIONS AND EDITOR'S CHANGES.

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.

8. PROJECT PROOF

8A One set of proofs shall be submitted, only if requested, after deposit is taken. Corrections are to be made on master set in red and returned marked "O.K." or "O.K. with corrections" and signed by customer. If revised or additional proofs are requested, any extra artwork or changes is billable time. A deposit or retainer is necessary to obtain additional proofs. Agency regrets any errors that may occur through production undetected, but cannot be held responsible for errors if the work is produced per customer's O.K. or if changes are communicated verbally. Agency 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 agency to proceed without submission of proofs.

8B COLORS.
Agency will do their best to match a color when possible, however, due to the nature of color printin methodology, agency cannot guarantee, nor imply a guarantee of a perfect match. Where a color is specified, either by PMS reference or other, a close proximation is considered a suitable result.

8C NON-IMPRINTED WORK
All fabrics, materials and signage, unless clearly stated to the contrary, are custom manufactured when your order is placed, and are considered a custom order and FINAL SALE, which is not refundable.

8.5 RETURNS FROM MULTIPLE LOCATIONS

Should a project received from agency, thereafter be deemed unuseable or in need of repair, replacement or adjustment, THE AGENCY SHALL NOT BE RESPONSIBLE FOR EXTRA SHIPPING COSTS INCURRED IN THE RETURN OF PRODUCT(S) FROM MULTIPLE LOCATIONS.

9. OVERRUNS AND UNDER RUNS.

Overruns and under runs not to exceed ten percent (10%) on quantities ordered up to 1,000 copies/pieces and/or the percentage agreed upon over or under quantities above 10,000 copies shall constitute acceptable delivery. Agency will bill for actual quantity delivered within this tolerance. If customer requires guaranteed no less than delivery, percentage tolerance of amount plus 10% must be doubled.

10. CUSTOMER PROPERTY.

The agency will maintain fire, extended coverage, vandalism, malicious mischief and sprinkler leakage insurance on all property belonging to the customer, while such property is in the agency's possession; agency's liability for such property shall not exceed the amount recoverable from such insurance.

11. DELIVERY.

Unless otherwise specified, the price quoted is F.O.B. agency's platform. Proposals are based on continuous and uninterrupted delivery of complete order, unless agency specifications distinctly state otherwise. Additional charges related to delivery from customer to agency, or from customer's supplier to agency are not included in any quotations unless specified. Special priority pickup and delivery service will be provided at current rates upon customer's request. Materials delivered from customer or his suppliers are verified with delivery tickets as to cartons, packages or items shown only. The accuracy of quantities indicated on such tickets cannot be verified and agency cannot accept liability for shortage based on supplier's tickets. Title for finished work shall pass to customer upon delivery, to carrier at shipping point or upon mailing of invoices for finished work, whichever comes first.

12. PRODUCTION SCHEDULES.

Production schedules will be estimated and adhered to as closely as possible. Neither party shall incur any liability for, or penalty for, delays due to causes beyond the control of client or agency. Client schedules requiring overtime work, vendor-imposed rush charges or adjustment of pre-existing production schedule are subject to additional charges.

13. CUSTOMER FURNISHED MATERIALS.

Sign materials, camera copy, computer disks, film, print outs, separations and other customer furnished materials shall be manufactured, packed and delivered to the agency's specifications. Additional cost due to delays or impaired production caused by specification deficiencies shall be charged to the customer.

14. TERMS.

Payments shall be made as 50% deposit with order, balance due at pickup or PRIOR TO SHIPMENT, unless otherwise provided in writing. Claims for defects, damages or shortages must be made by the customer in writing within TWO (2) days after delivery. Failure to make such claim within the stated period shall constitute irrevocable acceptance and an admission that customer fully comply with the terms, conditions and specifications. As security for payment of any sum due or to be come due under the terms of Agreement, agency shall have the right to, if necessary, retain possession of and have lien on all customer property in agency's possession including work in process and finished art. The extension of credit or the acceptance of notes, trade acceptances or a guarantee of payment shall not affect such security interest and lien unless credit is established. In the event that the customer fails to pay within the terms specified, after the delivery of materials, and it becomes necessary for the agency to file a lawsuit to collect any Moneys due and owing, the customer agrees to pay any and all legal fees and expenses spent by the agency to collect said amount due and owing.

15. INDEMNIFICATION.

The customer shall indemnify and hold harmless the agency 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 agency on grounds alleging that the said agency 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 agency has contributed to the matter. The customer agrees to, at the customer's own expense, promptly defend and continue the defense of such claim, demand, action or proceeding that may be brought against the agency, provided that the agency shall promptly notify the customer with respect thereto, and provided further that the agency shall give to the customer such reasonable time as the exigencies of the situation may permit in which to undertake and continue the defense of.

16. PRODUCT SUITABILITY

16A Products are sold "as is" to be installed by buyer. Agency assumes no responsibility for damages arising from suitability, use or misuse of products, or liability for reaction of anything or anyone in contact with that product. Failure to perform: If a product is not as represented and customer has ordered a specific weight, or If a product which has been used as designed and intended with no mistreatment or negligent harm does expire before it's written warrantee, if any, agency will, at it's option, repair or replace the defective item, when verification as to cause of failure is determined.

16B FABRICS (printed or not printed), SCREEN PRINTED PRODUCTS and DYE SUBLIMATED PRODUCTS: Fabric products are not returnable, as they are custom-cut and assembled (and may be imprinted). Customer responsibility to determine correct colors, hues, fabrics and methodology, or to assign a professional agency to do same on their behalf, PRIOR to ordering materials to be produced.

17. STORAGE

The agency is charged warehousing and transportation costs to hold signs produced for your order. ANY AND ALL warehousing, transportation charges and liability insurance charges will be billed to the customer when the customer has not paid balance of account within four business days of the date stated as estimated shipment date. If there is no stated estimated shipment date, then 15 business days from receipt of deposit will be considered the date from which storage, shipping and insurance fees accrue. RATES are prevailing shipping costs plus $50.00 handling and $55.00 per seven day period or part thereof.

18. SHIPPING CLAIMS

Products are inspected prior to packaging and shipping. Any and all claims for damaged goods or replacement of same must be reported immediately to the company and shipper. CLAIM MUST BE FILED IMMEDIATELY WITH SHIPPER, as the damaged goods and the original package(s) MUST BE INSPECTED BY A SHIPPING AGENT. FAILURE TO NOTIFY SHIPPER IN A TIMELY MANNER IS A DEMAND TO RELEASE LIABILITY AND ANY CLAIM AGAINST THE COMPANY. Customer agrees to shipping costs, regardless of method of shipment selected, when an order is placed, and is liable for said same costs whether the product is returned or kept. The shipping company must make restitution to you directly: It is your responsibility to place an order for a replacement product with the company. False claims and default on payment are considered intent to commit fraud on the company, and are subject to legal remedies. Returning items does not relieve you of this responsibility. ITEMS RETURNED WITHOUT A COMPANY AUTHORIZATION MAY NOT BE ACCEPTED AND WILL NOT RELEASE YOU FROM YOUR CONTRACT.

18. SHIPPING COSTS

The agency contracts shipping agencies to transport your products and uses all the best information available when estimating an average shipping cost. As freight and shipping companies have fluctuating rates and routes, and as shipping may utilize two or more trucking companies to complete a delivery, agency shall at no time be responsible for shipping costs different from those estimated, if estimated. The actual costs are billed to the customer when they exceed the estimate by over 5%.

THE PAYMENT OF THIS INVOICE, A DEPOSIT, OR A SIGNATURE OF ORDER (OR INTENT) ON A QUOTATION, ON EXPERIMENTAL ARTWORK OR OTHER FORM IS A GUARANTEE OF COMPLIANCE BY BUYER TO THE TERMS LISTED. FAILURE TO COMPLY IS A MANDATE TO TAKE WHAT EVER LAWFUL MEANS ARE AVAILABLE IN A COURT OF LAW TO COLLECT JUST AND FAIR COMPENSATION FOR TIME, COSTS, IDEA(S), MATERIAL AND WORK PROVIDED. IT IS NOT A GUARANTEE THAT agency CAN COMPLY WITH YOUR DEADLINES.

agency Products are sold "as is" to be installed by buyer. agency assumes no responsibility for damages arising from use or misuse of products, or liability for reaction of anything or anyone in contact with that product. Failure to perform: If a product that has been used as designed and intended with no mistreatment or negligent harm does expire before it's written warrantee,

agency will, at it's option, repair or replace the defective item, when verification as to cause of failure is determined.

©1989, 1998, 2003 LetterBank. Subject to amendment and change without notice.
See also Returns Policy


OPEN ACCOUNT TERMS.

When credit terms are granted, certain provisions apply. Failure to adhere to any provision is cause for termination or suspension of credit, and an accrual of finance and processing charges, and any and all court and legal costs required to receive payment in full.

Any and all discount(s) expire at the end of your terms date. As example, if you have a net 30 account, on the 30th day following the INVOICE date, any and all discounts expire, and the amount becomes past due. On the 31st day following the invoice date, your account becomes C.O.D. only, and you become liable for a finance rate of 24% per annum (2% per month) plus any and all legal and court fees incurred in collecting amount(s) due until payment is received.