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This page contains the terms and conditions governing doing business with The Sunshine Imprint Co. By placing an order with us, you expressly accept and agree to abide by all the terms and conditions contained on this page. Do not use this site or do business with The Sunshine Imprint Co. if you do not accept and agree to these terms and conditions.
CANCELLATIONS / RETURNS: ARTWORK:
USE OF INFORMATION:
TERMS OF SALE:
Copyrights, Trademarks and Patents:
QUOTATION: return to top of page
A quotation not accepted within 10 days is subject to review and change.
ORDER CANCELLATION: return to top of page
In the case of an order cancellation, if The Sunshine Imprint Co. has already commenced working on the order, The Sunshine Imprint Co. shall be entitled to full reimbursement for any costs already incurred, including penalties or restocking charges that sellers suppliers may charge The Sunshine Imprint Co. in returning material ordered to complete your order. This reimbursement shall be taken from the advanced deposit and the balance re-funded to the customer or billed to the customer if a advance deposit was not collected in whole or in part.
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As a general rule, we do not accept returns. All sales are considered custom printed and are not returnable for any reason with few exceptions. Once the item has been printed the item is no longer returnable to us or our suppliers. The Sunshine Imprint Co. makes every effort in the artwork approval and proof phase of the order process to weed out defects, mis-spellings, omissions, etc. in the artwork itself. Item defects such as holes or manufacturing defects will be replaced with the same item. No changes will be allowed as to the color of the item or size or image printed. The Sunshine Imprint Co. inspects every item before it is packed and shipped. The defective item will have to be returned and reviewed by The Sunshine Imprint Co. before any replacement or credit will be made. Many of our customers are retail outlets and we can not accept returns that have been soiled, stained, snaged, ripped, cut or other wise made defective once the item has been displayed on the retail store floor.
ARTWORK: return to top of page
Experimental Artwork performed at customer's request, such as sketches, drawings, copy, dummies, composition, preparatory work, press work and materials, will be charged for at current rate of $55.00 per hour and may not be used for any other purpose without consent of The Sunshine Imprint Co. The Sunshine Imprint Co.offers the first hour of artwork free. This Free hour assumes that an order will be placed and the free hour will be credited to that order. If a customer has a change of mind and cancels the order then there is no free hour of artwork and the customer must pay for any artwork time at the current rate.
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Sketches, copy, dummies and all preparatory work created or furnished by The Sunshine Imprint Co., shall remain the exclusive property of The Sunshine Imprint Co., and no use of same shall be made, nor any ideas obtained there from be used, except upon compensation to be determined by the The Sunshine Imprint Co.
PREPARATORY MATERIALS:return to top of page
Artwork, type, screens, negatives, positives and other items when supplied by The Sunshine Imprint Co. shall remain the exclusive property of The Sunshine Imprint Co.unless otherwise agreed in writing. Screen Charges are per screen and this charge only covers the material used in preparing the screen or reclaiming the screen and not the screen itself. Refer to the Quote page for current pricing.
PAPER PROOFS:return to top of page
Paper Proofs shall be printed from a computer and may not be in color or to finished size. Corrections are to be made on Paper Proofs and returned marked "O.K." or "O.K. with corrections" and signed by the customer. If revised paper proofs are desired, a request must be made when paper proofs are returned. The Sunshine Imprint Co. regrets any errors, including spelling errors or omissions, that may get through to production undetected, but cannot be held responsible for errors if the work is printed per customer's O.K. or if changes are communicated verbally. The Sunshine Imprint Co. shall not be responsible for errors if the customer has not ordered or has refused to accept proofs or has failed to return paper proofs with indication of changes or has instructed The Sunshine Imprint Co. verbally to proceed without submission of paper proofs.
WEB PROOFS:return to top of page
Web Proofs displayed on our web page are placed on a hidden page not listed on any of our web pages as a link. You'll receive an e-mail link as to the page location. Feel free to direct others to the link for their opinions, spell checking, grammer checking, etc. Please note: Your computer monitor may not be adjusted the same as ours resulting in an image that may not display the same color or to finished size as the finished product. Your approval or correction requests can be made via E-mail. This E-mail will be used as your "O.K." or "O.K. with corrections" and is as good as if you signed the order yourself. Same as stated above under paper proofs, The Sunshine Imprint Co. regrets any errors, including spelling errors or omissions, that may get through to production undetected, we cannot be held responsible for errors if the work is printed after your approval via e-mail or communicated verbally via phone.
PRESS PROOFS return to top of page:
Unless specifically provided in The Sunshine Imprint Co.'s quotation, press proofs will be charged for at current rates and must be ordered separately. Press proofs are printed on White or Black squares of fabric. Any changes, corrections or lost press time due to customer's change of mind or delay will be charged for at current rates. Because of differences in garments, inks and other conditions between proofing and production press room operations, a reasonable variation in color between color proofs and the completed job shall constitute acceptable delivery.
PRODUCTION SCHEDULES return to top of page:
Production schedules will be established and adhered to by customer and printer, provided that neither shall incur any liability or penalty or delays due to state of war, riot, civil disorder, fire, strikes, accidents, action of Government or civil authority and acts of God or other causes beyond the control of customer or printer.
DELIVERY: return to top of page
Unless otherwise specified, the price quoted do not include shipping and handling charges. All orders are to be will called at our shop in San Jose, CA.. Charges related to delivery from customer to The Sunshine Imprint Co., or from customer's supplier to The Sunshine Imprint Co. are not included in any quotations unless specified. Special priority pickup or delivery service will be provided at current rates upon customer's request. Materials delivered from customer or his suppliers are verified with delivery ticket as to cartons, packages or items shown only. The accuracy of quantities indicated on such tickets cannot be verified and printer cannot accept liability for shortage based on supplier's tickets. Title for finished work shall pass to the customer upon delivery to carrier at shipping point or upon mailing of invoices for finished work, whichever occurs first.
PACKAGING: return to top of page
Unless otherwise noted, all items shall be "bulk" packaged. Individual folding, tagging, bagging, etc., shall be charged at current rate.
MATERIALS: return to top of page
Garments, stock, camera copy, film, color separations and other customer furnished materials shall be manufactured, packaged and delivered to The Sunshine Imprint Co.'s specifications. Additional cost due to delays or impaired production caused by specification deficiencies shall be charged to the customer.
Items supplied to The Sunshine Imprint Co. for printing will be handled and processed through with the utmost care. However, errors occur. An Item damaged, or miss printed, in the imprinting process will not be replaced. The damaged item will be returned to the customer but will not charged for the imprinting of that item.
The Sunshine Imprint Co. reserves the right to stop the imprinting process and return the balance of all items unprinted to the customer because The Sunshine Imprint Co. has deemed that the items are not printable.
GENERAL WARRANTY: return to top of page
The Sunshine Imprint Co.shall disclaim any and all express or implied warranties of merchandisability or warranty of fitness for a particular purpose. Although the The Sunshine Imprint Co. uses quality materials, due to the wide variation in laundering conditions and detergents, The Sunshine Imprint Co. does not guarantee against the imprint cracking, flaking, fading or shrinkage of garments during laundering. The inks used in the imprint process are heat cured. High drier temperatures will cause the ink to stick to the drier drum surfaces and then redeposit all over all items in the drier. To reduce this risk, The Sunshine Imprint Co. suggests that all imprinted items be turned inside out before laundering and drying. DO NOT DRY CLEAN imprinted items. DO NOT IRON imprinted items.
DYE LOT return to top of page
Due to the practice of batch processing knitted goods when they are dyed, The Sunshine Imprint Co. cannot guarantee consistency of color on garments from dye lot to dye lot or from one order to the next or from one size to the next.
SUBSTITUTIONS return to top of page
The Sunshine Imprint Co. reserves the right to substitute materials of equal or better quality with notification, unless advance notification is previously agreed to in writing.
REJECTS return to top of page
Buyer/customer shall have the right to purchase reject material at a reduced cost to be determined by The Sunshine Imprint Co. If buyer/customer declines to purchase rejects, printer has the right to sell them as seconds or irregulars in any manner he sees fit. If buyer/customer provided the goods to print on then the buyer/customer shall be entitled to all rejects. Reject rates on buyer's goods shall be within excepted industry standards. The Sunshine Imprint Co. shall not be obligated to purchase rejects from buyer unless a specific reject rate ceiling is agreed to in writing. Refer to the terms under CUSTOMER FURNISHED MATERIALS.
INDEMNIFICATION return to top of page
The customer shall indemnify and hold harmless the The Sunshine Imprint Co. 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 Sunshine Imprint Co. on grounds alleging that the said printing 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 Sunshine Imprint Co. has contributed to the matter. By submitting a design to Sunshine Imprint Co., you warrant and represent that you are the sole, legal owner or licensee of all rights, including copyright, to each copyright, trademark, service mark, trade name, logo, statement, portrait, graphic, artwork, photograph, picture or illustration of any person or any other intellectual property included in such design. Further, by submitting a design, you warrant and represent that no part of the design: (a) violates or infringes upon any common law or statutory right of any person or entity, including, but not limited to, rights relating to copyrights, trademarks, contract rights, moral rights or rights of public performance; (b) is the subject of any notice of such infringement you have received; or (c) is subject to any restriction or right of any kind or nature whatsoever which would prevent Sunshine Imprint Co. from legally reproducing the images or text submitted. The customer agrees to, at the customer's own expense, promptly defend and continue the defense of any such claim, demand, action or proceeding that may be brought against The Sunshine Imprint Co., provided that the The Sunshine Imprint Co shall promptly notify the customer with respect thereto, and provided further that the The Sunshine Imprint Co. shall give to the customer such reasonable time as the urgency of the situation may permit in which to undertake and continue the defense thereof. You the customer, shall pay any damages and costs assessed against Sunshine Imprint Co. pursuant to such a suit or proceeding. Further, you the customer, agree to indemnify and hold Sunshine Imprint Co. harmless from and with respect to any such loss or damage (including, but not limited to, reasonable attorneys' fees and costs) associated with any such claim, suit, or proceeding. All items shown on this web site containing corporate logos or registered trademarks are shown only to illustrate Sunshine Imprint Co.'s logo reproduction capabilities. Purchase of merchandise from Sunshine Imprint Co. in NO WAY, SHAPE, OR FORM grants you permission to reproduce logos, nor does it transfer, grant or lease ownership of any logos or trademarks to you.
USE OF INFORMATION return to top of page
If you respond to Sunshine Imprint Co. with information, including, but not limited to, feedback, questions, comments, suggestions, or the like, such information shall be deemed to be non-confidential; Sunshine Imprint Co. shall have no obligation of any kind with respect to such information, and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Sunshine Imprint Co. shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products incorporating such information.
TERMS OF SALE: return to top of page
This statement contains the terms and conditions governing your purchases from The Sunshine Imprint Co. By placing an order with The Sunshine Imprint Co. you expressly accept and agree to abide by all the terms and conditions contained in this statement and listed on this page. Do not place an order with the The Sunshine Imprint Co. if you do not accept and agree to all of these terms and conditions. Payment for orders shall be by approved check, money order or Cash. An advanced deposit of 50% to 100% of the total order price maybe required on all orders depending if your a first time customer or based on your past payment record. The Sunshine Imprint Co. will not commence work until this amount has been paid. Unless otherwise arranged, buyer/customer shall pay the balance due on the order at the time of delivery. Orders are not binding on The Sunshine Imprint Co. until accepted by The Sunshine Imprint Co. The Sunshine Imprint Co. may invoice parts of an order separately. Products displayed on this web site may be out-of-stock or discontinued. Prices of products offered for sale on this web site are subject to change without notice. The Sunshine Imprint Co. is not responsible for typographical errors regarding price or any other matter on this web site. Subject to the foregoing, prices displayed on this web site are quoted in U.S. dollars and are effective only for United States purchases. Prices of products offered for sale on this web site do not include shipping and handling; these charges will appear on your invoice. As the purchaser, you are responsible for all shipping and handling charges. Unless you provide us with a valid and correct tax exemption certificate, sales and other applicable taxes may apply to products you purchase on this web site. Where taxes apply, a separate charge will appear on your invoice. At the present time, we charge sales tax on orders delivered to customers in California. If you live outside the state, you are responsible for remitting applicable sales tax on your order directly to your local taxing authority. Title to products passes from The Sunshine Imprint Co. to you on shipment from our facility. Loss or damage occurring during shipment by our carrier is our responsibility. Loss or damage that occurs during shipment by a carrier you have selected is your responsibility. The Sunshine Imprint Co.'s liability, including liability for products' not being available for use, is limited by the provisions of this section, which comprise the extent of your remedies in purchases transacted on this web site. The Sunshine Imprint Co. will not be liable for lost profits, loss of business or other consequential, special, indirect or punitive damages, even if we are advised of the possibility of such damages, or for any claim by any third party, except as expressly provided herein. The Sunshine Imprint Co. purchases cannot be shipped to addresses outside the United States. Although The Sunshine Imprint Co. has made every effort to display products, colors and the like as accurately as possible, it is possible that the displayed colors of the products will depend upon the monitor of the user. The Sunshine Imprint Co. cannot guarantee that the user's monitor will accurately portray the actual colors of the products.
DISCLAIMER: return to top of page
Although Sunshine Imprint Co. has attempted to provide accurate information on this web site, Sunshine Imprint Co. assumes no responsibility for the accuracy of the information. This web site and the material on this it are provided on an "as is" basis. The Sunshine Imprint Co. does not guarantee or warrant the sequence, accuracy, timeliness or completeness of any such material. The Sunshine Imprint Co. makes no representations or warranties of any kind, express or implied, as to the operation of this web site or the information, content, materials or products included on it. To the full extent permissible by applicable law, Sunshine Imprint Co. disclaims any and all such warranties, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Sunshine Imprint Co. shall not be responsible or liable to any person or entity whomsovever (including, without limitation, persons who may use such materials) for any loss, damage (whether direct, indirect, incidental, actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon, or resulting from, any material provided by Sunshine Imprint Co. or included within the Sunshine Imprint Co. web site, whether resulting from errors in or omissions from such material, any use of any material by any third party, the content of any such material or otherwise. Mention of non-Sunshine Imprint Co. products or services is for information purposes only and constitutes neither an endorsement nor a recommendation. Sunshine Imprint Co. does not represent or endorse the accuracy or reliability of any such information, content or advertisements contained on, distributed through or linked, downloaded or accessed from any of the services contained on this web site, nor the quality of any non-Sunshine Imprint Co. products, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with such services. You hereby acknowledge that any reliance upon any materials on this web site shall be at your sole risk. All specifications and product offerings on the Sunshine Imprint Co. web site are subject to change without notice. All pricing on the Sunshine Imprint Co. web site is subject to change without notice. The Sunshine Imprint Co. web site may describe products and services that are not available worldwide. Sunshine Imprint Co. reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any errors or omissions in any portion of this web site or the materials on it. Sunshine Imprint Co. reserves the right to withdraw access to this site at any time without notifying users.
Copyrights return to top of page
No permission is granted to you. The Sunshine Imprint Co. requests that, in addition to respecting our intellectual property rights, you respect the intellectual property rights of others. Among other things, by placing an order with The Sunshine imprint Co. that you represent that you have the right to use all logos, text and/or graphics submitted to be made into designs. The Sunshine Imprint Co. reserves the right, under the appropriate circumstances and in our sole discretion, to refuse to accept orders from customers who have infringed or otherwise violated the intellectual proper rights of others. Except as expressly provided above, nothing contained herein shall be construed as conferring on the user, by implication, estoppel or otherwise, any license or right under any patent, trademark, copyright or other proprietary or industrial right, of The Sunshine Imprint Co., its affiliates or any third party.
Trademarks and Patentsreturn to top of page
The trademarks, logos and service marks (the "Marks") displayed on this web site are the property of The Sunshine Imprint Co. or other third parties. Users are not permitted to use these Marks without the prior written consent of The Sunshine Imprint Co. or such third party that owns a particular Mark. All trademarks and registered trademarks on this web site are the property of their respective owners. Product and service names appearing herein are also the property of their respective owners.
JURISDICTION: return to top of page
This web site and its terms and conditions will be governed and be interpreted pursuant to the laws of the State of California, United States of America, notwithstanding any principles of conflicts of law. If any part of these terms and conditions is unlawful, void or unenforceable, that part only will be deemed severable and will not affect the validity and enforceability of any remaining provision. This is the entire agreement between the parties relating to the use of this site. Sunshine Imprint Co. may revise these terms and conditions at any time by updating this posting. Sunshine Imprint Co. reserves the right to change this web site and these disclaimers, terms and conditions at any time, without notifying users. The Sunshine Imprint Co. site may describe products and services that are not available worldwide.