Quotation and Payment

A quotation not accepted within 30 days is subject to change. Cash, certified or company check, and money order are accepted.  There will be no personal checks accepted.

Darryl Designz requires a deposit with submission of your order. Balance of payment will be due upon completion of the order, before shipping with guaranteed funds only. Deposit is non refundable. (NO COD’s)

All amounts due for taxes and assessments will be added to the client’s invoice and must be paid by the client.  No tax exemption will be granted unless the client’s “Exemption Certificate” (or other official proof of exemption) is submitted at the time of order.

Canceled orders result in forfeiture of all deposits and may require additional payment for incurred costs and related obligations, if the same exceed the deposit amount.

All orders are subject to up to 10% under or over run.  Clients will only be billed for actual quantities shipped.  If a client supplies Darryl Designz with film for printing, any changes to accommodate that film to the Company’s specifications will be billed to the client at standard rates. Darryl Designz can re-quote a job at time of submission if copy, film, tapes, disks or other input materials do not conform to the basis on which the original quotation was based.

Client Property

Darryl Designz and Web Designs assumes no risk or liability for disks, tapes, graphics, photographs or other materials that are provided to Darryl Designz and Web Designs.  The client should retain copies of all such materials in the event the same are lost, damaged or destroyed.

Artwork

Sketches, copy, dummies, electronic files and all other creative work developed or furnished by Darryl Designz are the exclusive property of Darryl Designz.  Darryl Designz must give written approval for all use of this work and for any derivation of ideas from it.  Artwork, type, plates, negatives, positives, tapes, disks and all other items supplied to Darryl Designz remain its exclusive property.  Darryl Designz will submit proofs for the clients review and approval.  Corrections will be returned to Darryl Designz on a “master set” marked “O.K.”, “O.K. with corrections” or “Revised proof required” and signed by the client.  Until the master set is received, no additional work will be performed.  Darryl Designz will not be responsible for undetected production errors if:

(a)  Proofs are not required by the client;  (b).  The work is printed per the clients O.K;  (c) requests for changes are communicated orally.  Due to factors beyond our control, printed artwork may show some variation in type, color, photo and/or screen quality.

Production Schedules

Production schedules will be established and followed by both the client, delivery dates will be subject to change.

There will be no liability to Darryl Designz for delays due to state of war, strike, government or civil authority, acts of God or other causes beyond the control of Darryl Designz.  In such cases, schedules will be extended by an amount of time equal to delay incurred.  Please note: Darryl Designz specialists reserve the right to implement working a minimum of 8 hours per project at a rate of $50.00 an hour.

Claims/Liens

Claims for defects, damage or shortages must be made by the client in writing no later than 10 days after delivery.  If no such claim is made performance by Darryl Designz will be deemed accepted by the client’s respect to all terms, conditions and specifications.  Darryl Designz liability is limited to the sales price of defective goods, without liability for special or consequential damages.  As security for payment of any amounts due under the terms hereof, Darryl Designz has the right to hold and place a lien on all client property in Darryl Designz possession, and thereafter sell or dispose of such property.  This applies even if credit has been extended, notes have been accrued trade acceptances have been made, or payment has been guarantee payment is not made, the client is liable for all collection costs expenses.

Liability

Disclaimer of Express Warranties.  The work to be performed described in this purchase order.  The client understands that sketches, copy, dummies, and preparatory work shown to the client intended only to illustrate the general type and quality of the work are not intended to represent actual work performed.  Disclaimer Implied Warranties:  Darryl Designz warrants only that the work conform to the description contained in the purchase.

Indemnification

The client agrees to hold Darryl Designz harmless from economical and any other harmful consequences that could arise in connection to the work.  This means that the client will hold Darryl Designz harmless of indemnify, and otherwise defend it against claims, demands and proceedings on any and all grounds.  This will apply regardless responsibility for negligence.

Copyrights

The client warrants that the subject matter to be printed is to be copyrighted by a third party.  The client also recognizes that be subject matter does not have to bear a copyright notice in order to be protected by copyright laws; absence of such notice does not necessarily assure a right to reproduce.  The client further warrants no copyright notice has been removed from any material used to preparing the subject matter for reproduction.

Personal or Economic Right

The client also warrants that the work does not contain anything illegal, libelous, scandalous, or anything that threatens anyone’s right to privacy or other personal or economic rights.  The client will, at client’s sole expense, promptly and thoroughly defend the Company in legal actions on these grounds as long as the provider:  (a) promptly notifies the client of legal action; (b) gives the client reasonable to undertake and conduct a defense.