GENERAL TERMS Product Pricing and Delivery
REDBiRD Printing is not liable for special, incidental, or consequential damages related to omissions or errors in our catalog, website, or elsewhere. REDBiRD Printing reserves the right to change prices, colors, materials, specifications, and quantities in our catalog, website, or elsewhere without notice or obligation. Quoted or acknowledged delivery dates are only estimates. Turn times are not guaranteed and are subject to seasonal fluctuations. Intricate packaging options or products requiring a non-standard template or manual production will take longer. Ask your product specialist for an estimated delivery date.
Once a product shipment has left the REDBiRD Printing premises, REDBiRD Printing is not responsible for loss or damage to the product. If there is damage, a claim should be filed directly with the shipping company.
Payment Terms
All orders must be prepaid in full at the time of ordering. REDBiRD Printing accepts cash, check, money order, VISA, MasterCard, Discover, and American Express.
Companies requesting credit terms must fill out a credit application before any order can be processed. Please allow three business days for processing. A purchase order is required before any open account order can be processed.
Should any amount remain outstanding after its due date, interest shall run on said amount from the initial billing date at the rate of one percent (1%) per month (12% per annum) and shall accrue daily. In addition to the foregoing, the Customer shall pay any and all costs, fees, charges or expenses of every nature (including without limitation REDBiRD Printing' reasonable legal fees and litigation/arbitration fees and costs) incurred by REDBiRD Printing in recovering any amounts owed to it by the Customer.
Shipping
REDBiRD Printing prices do not include shipping. Most orders ship via 2-5 day service at standard ground rates. Some shipments over 3,000 pieces ship via motor freight. Rates vary depending on your product. Due to volatility in fuel prices and freight rates, please call your product specialist for more information.
Order Cancellation
REDBiRD Printing reserves the right to refuse or cancel any order at anytime.
CUSTOM PRINTING ORDER TERMS Intellectual Property Rights Protection
The customer represents and warrants to REDBiRD Printing: (a) that it is the true and rightful owner of, or is licensed or otherwise possesses legally enforceable rights to use the registered and unregistered rights, titles, and interests in and to any United States or foreign trademarks, service marks, trade names, copyrights or other intellectual property rights relating to the materials provided to REDBiRD Printing by the customer under this agreement, including but not limited to the right to reproduce, manufacture and otherwise use the materials: (b) that the customer and REDBiRD Printing are not, or will not be, as a result of the execution and delivery of this agreement or the performance by REDBiRD Printing of the obligations hereunder, in violation of any intellectual property rights of third parties; and (c) that no claims with respect to the customer's intellectual property rights or third party intellectual property rights in the materials are currently pending, nor to the knowledge of the customer, are threatened by any person, nor, to the customer's knowledge, do any grounds for any claims exist.
Customer agrees to indemnify, defend, protect, and hold harmless REDBiRD Printing and its subsidiaries and their respective officers, directors, agents, affiliates, distributors, franchisees, and employees (collectively, "indemnified parties") against any liabilities, losses, claims, damages, punitive damages, causes of action, lawsuits, administrative proceedings (including interest from the date of such damages), and costs and expenses (including without limitation reasonable attorneys' fees and disbursements of every kind, nature, and description) (collectively, "damages") suffered, sustained, incurred, or paid by the indemnified parties in connection with, resulting from, or arising out of, directly or indirectly (i) any claim, demand, proceeding, or lawsuit by a third party based on any assertion that the services provided to the customer under this agreement breaches the patent, copyright, trademark, trade secret, or other proprietary right of such third party and (ii) any breach of any representation or warranty of the customer set forth in this agreement or the form, Intellectual Property Ownership Agreement, Purchase Order, or in any other form or document in connection herewith.
REDBiRD Printing reserves the right, at its sole discretion, to investigate the ownership of any and all materials provided hereunder.
The customer agrees to provide REDBiRD Printing, upon request, all necessary documentation of ownership or other legal rights, including without limitation all pertinent copyright and licensing information. By reserving these rights, REDBiRD Printing does not in any way assume an obligation to investigate or verify ownership of any materials provided by the customer, and REDBiRD Printing may rely on the customer's representations and warranties herein and provided under REDBiRD Printing Intellectual Property Rights Form even if REDBiRD Printing investigates such ownership.
If REDBiRD Printing determines, or has reason to believe, that the customer does not have the authority to produce the products sought hereunder, REDBiRD Printing will have no further obligations to the customer to provide any products or any other services with respect to such materials, and REDBiRD Printing will return such materials to the customer.
Pricing and delivery
REDBiRD Printing reserves the right to produce and bill for production overruns or underruns up to five percent (5%) of the customer's order. Customer will be billed for actual amounts shipped.
The customer's order will be delayed if the customer has failed to provide to REDBiRD Printing all necessary materials (including without limitation master, graphics, deposit, signed estimate.
Quoted or acknowledged delivery dates are only estimated dates of delivery. REDBiRD Printing specifically disclaims liability for delays in delivery and any resulting consequential damage or losses.
In the event a client fails to pay within ninety (90) days for any work completed, or in the event a client fails to accept delivery or pick up his finished product within ninety (90) days from completion, REDBiRD Printing has the right to sell, dispose of, destroy or use any such material on hand in any way REDBiRD Printing chooses without any liability by REDBiRD Printing to the customer or others.
REDBiRD Printing assumes that the client has backups or originals of all content (including without limitation masters, graphic files, multimedia files, video files, and audio files) provided in digital electronic form (including without limitation on recordable CD or DVD, digital video master, Zip, SyQuest, 1630, DLT, DAT, or other digital recording medium, or as uploaded to REDBiRD Printing’ web site via FTP, email, or other means) for manufacturing. As such, REDBiRD Printing does not return such electronic content to the customer upon completion of the order. REDBiRD Printing will return analog masters, original artwork, photos, transparencies, etc. furnished by the client upon completion and payment of the order.
Upon completion of any printing order REDBiRD Printing will retain certain production masters (e.g. stampers, label film, original graphics files, and other materials needed to manufacture the product to the customer's specification) for a period of 12 months from the date the product was last ordered or reordered. After 12 months of inactivity those physical production masters and related parts will be recycled or discarded to create space for active titles. Customer reorders placed after more than 12 months of inactivity will not incur any extra charges so long as REDBiRD Printing can get one copy of the original finished product from the customer at the time of reorder.
While REDBiRD Printing will treat the customer's materials with the utmost care, REDBiRD Printing specifically denies liability for damage or loss due to fire, casualty, or negligence while the customer's materials are in the care and possession of REDBiRD Printing.
Customer's materials stored in REDBiRD Printing' premises are not insured and are stored strictly at the customer's risk. The customer agrees to carry insurance coverage for its materials while at and in transit to and from REDBiRD Printing' premises.
Payment terms
The balance of the purchase price, subject to a five percent (5%) production under or over run, is due at time of order acceptance or upon completion of the order, before shipping (no C.O.D.s).
Reorders, rush orders, and printed materials, must be prepaid in full, including freight and any applicable taxes.
Direct mail fulfillment orders always require postage to be paid before mailing. The customer will be informed of the exact postage after we receive customer’s mailing list.
Warranty of product, limitation of liability, and indemnification
Orders for products not yet manufactured by REDBiRD Printing may be cancelled by either party at any time. Once production has commenced however, cancellation is not possible and you will be billed for the full amount of the order.
Your artwork will be matched to the best of our ability: there can be a difference between computer monitor and actual color.
REDBiRD Printing warrants that material produced and delivered by REDBiRD Printing meets REDBiRD Printing' standard specifications for the material or such other specifications as described in this website and meets generally accepted industry standards.
The customer shall return any defective product to REDBiRD Printing should REDBiRD Printing so request. No merchandise may be returned to REDBiRD Printing without written return authorization by REDBiRD Printing. Product reruns or purchase price refunds will be prorated based on the quantity of defective merchandise returned.
Prior to returning any product, you must obtain an RMA (return merchandise authorization) number from REDBiRD Printing. The RMA number must appear on your address label. REDBiRD Printing reserves the right to refuse delivery of any item returned without an RMA number.
REDBiRD Printing is not responsible for any loss of revenue or profit or other financial damages of any kind whatsoever, whether direct or indirect, suffered by the customer for any reason whatsoever.
Order cancellation
Orders for products not yet manufactured by REDBiRD Printing may be cancelled by either party at any time. Once production has commenced however, cancellation is not possible and you will be billed for the full amount of the order.
Attorney's Fees. If any amount owed by purchaser under this agreement for present or future orders is referred for collection, purchaser herby agrees to pay any and all reasonable attorney fees and/or other reasonable costs and court costs of such amounts.
Jurisdiction, venue and choice of law. Purchaser hereby agrees that any legal action under this contract may be brought only in a court of appropriate jurisdiction in Orange County, Florida or a county or state of Bison's choice. This agreement shall be construed according to the laws of the State of Florida. |
