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TERMS:
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.
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.
RETURNS:return to
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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.
PREPARATORY WORK:
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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
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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
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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
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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.
CUSTOMER-FURNISHED
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
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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
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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
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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.
