Conditions of Sale
Terms & Conditions of Sale
1. These Terms and Conditions apply to all sales by Purple Coyote, Inc., dba Flipcharts2go.com (“We”, “Us” or “Our” to third parties (“You”, “Your”).
2. Quotations – We may provide an Estimate or Quotation for all or part of the products to be sold or services to be rendered (“the Goods”). Estimates and Quotations are valid for 30 days from the date of issue as they are based on the current cost of production. Acceptance of our estimate or quote is an acceptance of these terms and conditions notwithstanding any inconsistencies with your own purchase terms and conditions unless otherwise expressly agreed to by us in writing. By placing orders by telephone, fax, email or via our on-line system, you are agreeing to the terms and conditions set out on this webpage.
3. Sales Tax, Use Tax, Tariffs and Fees – You are responsible for any applicable sales or use taxes and outbound tariffs or fees.
4. Delivery – You will be deemed to have accepted the Goods on delivery or, if you fail to take possession of the Goods, within 14 days of the shipment date as notified by email. Dates specified for delivery of Goods are approximate. We cannot be held liable for any delay in delivery once the Goods have been delivered to a shipper.
5. Payment and Interest on overdue accounts – Unless we grant credit terms in writing (“the credit terms”), orders must be paid with placement of the order, or prior to shipment or pickup, at the option of Flipcharts2go. Otherwise it is understood that invoices will be due for payment 30-days from invoice date (the “Due Date”). Failure to pay timely will immediately cause all other invoices to become due and payable. From the date of default, interest will be payable on the principal debt amount, at the rate of 1% percent per month or a minimum of $5.00, whichever is greater, beginning with the day of default. All debt recovery expenses incurred by us, including collection costs, court fees, and legal costs on an attorney/client basis, shall become part of the principal debt. Any/all payments received after default shall first apply to expenses and interest and then to principal. Should you make any payment using a credit card on delinquent debts, the payment applied to the debt amount will be decreased to compensate us for merchant fees payable on the transaction.
6. Non-Payment and Retention of Ownership – Compliance with the credit terms is a material term of all transactions with you. Until you have paid all sums outstanding in relation to the goods they remain the property of Flipcharts2go.
7. Suitability of Goods or Work – We make every reasonable effort to provide customers with a quality product that meets their specifications. However,
(a) Color matching is subject to variances in monitors, paper stock and the printing reproduction method and equipment used.
(b) No warranty is given that the Goods are suitable in size, shape, color, capacity, quality or otherwise for purposes other than for which the Goods are ordered.
The strength of binding varies with the quality and values of the
paper used and the manner in which the goods are used. No guarantee
is provided in relation to the life of any particular binding.
8. Claims – Any claims against us must be made in writing within twenty one (21) days of receipt of the Goods by the customer. To the extent permitted by law, failure to notify us of any potential claim within the specified period will be taken to constitute a waiver of any such claim that could, but for this clause, have been made against us.
9. Exclusions and Limitations – Liability for any breach of a condition or warranty implied in this contract is limited at our option to either replace the Goods or refund the cost of supply of those Goods. We are not liable for (a) any indirect nor consequential loss caused by others.
10. Force Majeure – We will not be liable for any failure to perform any contractual obligation where such failure is due to events beyond our reasonable control, including but not limited to strike action, trade dispute, fire, tempest, machine breakdown, material shortages, issues in shipment, weather or any other occurrence whatsoever preventing or retarding our performance of a contractual obligation.
11. Proofs – Unless otherwise stated, printed proofs will not be provided unless you specifically request one. Charges may apply. Where you supply the finished artwork, it is assumed that you have checked grammar and spelling and approved the artwork.
12. Print Quantity Delivered – Every endeavor will be made to deliver the correct quantity ordered but owing to the difficulty of producing exact printing quantities, estimates and/or orders are conditional upon a margin of five percent being allowed for overs or shortages which will be charged for, or deducted from, the amount owing by you in relation to the Goods at the relevant run-on rate.
13. Materials – As a general policy, we archive digital image files used in the production of your work for a period of three years from last order date. After three years we may delete the files without notice. You may request that the files be deleted at an earlier date or archived for a longer period of time. Although files are backed up both on and offsite, we are not liable for the loss of files due to error or mechanical failure of the storage device(s).
14. Copyright – You warrant that you have a copyright on all data and material supplied to us for the purposes of the order and indemnify us against all liability, losses or expenses incurred in relation to, or in any way directly or indirectly connected with, any breach of copyright or of any rights in relation to copyright.
15. Illegal Matter – (a) We are not required to print any matter which in our opinion is or may be of an illegal or libelous nature or which might involve any infringement of any third party rights or which would otherwise involve any criminal liability of any kind. You agree to indemnify us against all actions, claims, demands, costs, and expenses of whatever nature which we may suffer, incur or sustain in connection with, or arising in any way whatsoever from the Goods.
16. Additional Charges – Charges for all work not specifically allowed for in the quotation (such as graphic changes, extra proofs, pre-production samples or author’s corrections) must be borne by you.
Outside Work – Where the performance of any contract with you requires us to
obtain goods or services from a third party, we will act as your agent in
relation to the purchase of those goods or services unless otherwise specified.
18. Imprints – Imprints or any legal obligations required to appear on any printed material are your responsibility.
19. Assignment of Debts – We reserve the right to assign any unpaid debt(s) owed to us by you to any associated or related entity.
20. Packing and Shipping – Any packing of Goods, other than our normal commercially acceptable packing, required by you will be charged as an extra unless expressly stated in writing on our accepted quotation. Goods will typically be shipped either through the mail, by a package delivery service or by common carrier at customer expense, unless otherwise agreed to in advance. Any goods arriving with apparent damage should be inspected prior to acceptance. Any damage later discovered that is the carrier’s fault, should be reported immediately to the carrier. It is your responsibility to file any shipping damage claims with the carrier. In the event damage is incurred in shipment, we will make every reasonable effort to accommodate replacement of same or like items in a timely manner.
21. Jurisdiction and Validity of Clauses – This agreement is to be governed by the Laws of the State of Washington, USA, and all disputes shall be dealt with in the County of Grant, State of Washington. The invalidity of any clause or part of a clause shall not affect any other clause or any other part of the clause.