TERMS AND CONDITIONS
This Agreement is entered into by and between Office Print Q, LLC dba Where2Print, a California Corporation, hereinafter “Seller”, and the “Buyer” (i.e., the direct customer for whom the sign(s) are/is being made who may be the end user for a rental period, ownership, and/or alternatively, a sign retailer or reseller), for the purposes herein stated. This Agreement protects both the Buyer and Seller and represents the totality of all terms and conditions pertaining to the purchase of sign(s) from Seller, other than those covered by California State and US Federal Law. When a Buyer places a firm order for a sign(s), Buyer agrees to accept this Agreement and all of its terms and conditions without Buyers signature on this document. Should the Buyer disagree with any of the terms in this Agreement, Buyer should not purchase the sign without discussion and written modification of this Agreement by the Seller. Buyer should identify any specific concerns and negotiate with Seller on possible modifications of this agreement, otherwise, by ordering, it is assumed Seller concurs with all clauses in the Agreement as written here without exception.
AGREEMENT: Advance payment in full is required by Buyer. By submitting order, Buyer is requesting authorization to hold booking reservation. Payment is immediately fully earned and non-refundable. Once Buyer’s order is approved, Seller is obligated to fill order. In the event Seller cannot provide order to Buyer, Seller will refund 100% funds within 5 working days to seller upon written request.
ORDER CANCELLATION: Once payment has been made and/or Buyer has approved sign(s), this constitutes a non-revocable contract between Buyer and Seller. Buyer agrees not to dispute charges with credit card company.
LOST OPPORTUNITY: In the event Seller cannot fulfil obligation to Buyer, Seller will notify Buyer at earliest opportunity. Seller will identify any alternative options at a discounted rate of 15%. Buyer understands the nature of rental equipment may be dependent upon previous buyer fulfilling the contractual obligation with Seller. In the unfortunate event Seller is unable to provide Buyer with sign(s) due to such circumstances, and Seller declines alternative arrangements or there are none available, Seller will immediately refund payment in full upon written request. Buyer agrees to hold Seller harmless for any Buyer lost opportunity or damages, including emotional, financial, compensatory, or otherwise.
DELIVERY & ACCEPTANCE: Acceptance of sign(s) by Buyer shall be defined by the Buyer taking possession of the signage in any manner. Acceptance includes, but is not limited to, signage being dropped off onto/at Buyer’s requested site, delivery to specified address by Seller, delivery service or courier, physical exchange in person, or installation. Seller assumed signs arrive without damage unless notified within 8 hours. In the event a sign is damaged, or if Buyer believes there is a problem with sign, Buyer agrees to notify Seller immediately, in writing, and prior to displaying sign. If Buyer refuses to accept sign(s), for any reason other than damage Buyer is held to payment terms in paragraph titled “AGREEMENT” above.
OWNERSHIP RIGHTS: Seller retains any and all lawful ownership rights, design rights, which may include title and trademark rights.
SIGN INSTALLATION: Seller takes no responsibility for damages for sign installation. Buyer assumes all responsibility for proper sign installation unless a separate contract is written for installation. This includes, but is not limited to, damage to foliage, lawns, sprinkler, yard displays, signs themselves, injuries to people or animals, or any other unforeseen damages.
INDEMNIFICATION OF SELLER: Buyer assumes complete financial responsibility for sign(s) under buyer’s care. This time period, called “under buyer’s care” begins when sign(s) leave Seller and ends when undamaged sign(s) are returned to Seller. Buyer agrees to indemnify Seller at full replacement value for any loss or damage to sign. This loss includes, but is not limited to, expenses for redesign, reprinting of the sign itself, shipping, labor, Seller’s lost income rental time, and/or other costs and expenses. These costs are in addition to initial rental contract fees. Buyer understands high temperatures (above 130 degrees F) may warp signs in the sun. Buyer understands wind and flying debris may damage signs and vandalism, theft or other unknown perils may damage signs while they are under Buyer’s care. Buyer agrees to protect sign(s) to best of Buyer’s ability and undertakes full financial responsibility to indemnify Seller for any and all damages to Seller’s property while sign(s) are under Buyer’s care.
LIABILITY OF BUYER: Buyer assumes complete financial liability for any and all damage, injury, or other harm (known or unknown) caused by sign(s), to any person, place, or property, intentional or accidental while sign(s) are under Buyer’s care. This time period begins when sign(s) leave(s) Seller and ends when undamaged sign(s) are returned to Seller. This includes any injuries occurring on Buyer’s property including hazards or injuries on Buyer’s property to any person, business (including Seller’s), animal, or property, that inflicts or contributes to damage or harm connected to sign(s) intentional or unintentional. Any apportionment of liability or damage found to be in connection with sign(s) while under Buyer’s care will be held in strict liability by Buyer, including all liability, costs, and associated fees , notwithstanding court, arbitration, or other related costs or fees.
HAZARD WARNING & CHILD SAFETY: Buyer understands and agrees to take extra precautions for the safety of children. Buyer understands signs may present impaling hazard, choking hazard, or other danger to persons of all ages. Buyer agrees not to allow anyone to play on or around signs, touch signs or display, regardless of age. Sign(s) do not safely support the weight of a child or adult leaning, sitting or playing on it/them. Buyer agrees to discourage all persons from touching or playing around the display. Buyer agrees not to attach balloons to any part of the display. Balloons get hot in the sun and can damage the signs.
IN THE EVENT WE ARE PICKING UP YOUR SIGNS, PLEASE DO NOT PULL THEM FROM YOUR YARD.
YOU RISK DAMAGING THEM !