Terms & Conditions of Service
Welcome to our website. The term "signbuilderusa.com” or "us" or "we" or "our" or “the Company” refers to Gregory, Inc., the owner of this website. The term "you” or “your” or “the Customer” refers to the user or viewer of our website.
By using our website, or by contacting us by email, telephone, or in-person, or otherwise, you are agreeing to be bound by the following Terms & Conditions of use.
Please review the following carefully.
If you do not agree to these Terms & Conditions, you should not use this site. These Terms & Conditions govern all communication, ordering requirements, business practices, expectations, and responsibilities of all parties in a transaction.
CUSTOMER COMMUNICATIONS AND LIABILITY
Any and all pertinent information that is needed to fulfill the Customer’s order, from the conception of the order being placed and up until the time it is shipped from our facility, must be made known by you and included with the original order submission. The Company is not liable for any omissions, inaccurate or delayed information pertinent to the production of an order.
SUBMISSIONS
When you submit questions, comments, suggestions, ideas, or other material via email or other communications, you grant us permission to use such submissions for marketing and other promotional purposes. You agree that the Company will have no obligation to keep any submissions confidential. You will not bring a claim against the Company based on "moral rights" or the likes arising from our use of a submission.
COPYRIGHT & FILE CONTENT RELEASE
By using any service of signbuilderusa.com or the Company, the Customer agrees and acknowledges that you are the legal owner and/or licensee of all artwork submitted to our website. You understand that all information, data, text, photographs, graphics, messages, or other material (“Content”) are the sole responsibility of the person from which such Content originated. This means that you, and not the Company, are entirely responsible for all Content that you send, upload, post or transmit.
You warrant that the subject matter to be printed is not copyrighted by a third party. You recognize that because subject matter does not have to bear a copyright notice in order to be protected by copyright law, the absence of such notice does not necessarily assure a right to reproduce. You further warrant that no copyright notice has been removed from any material used in preparing the subject matter for reproduction.
You also agree not to infringe on trademarks, patents, trade secrets, the right of privacy, the right of publicity, or other legal rights of any third party and will comply with all applicable laws, rules, and regulations. To support these warranties, you agree to indemnify and hold the Company harmless for all liability, damages, and attorney fees that may be incurred in any legal action connected with copyright or trademark infringement involving the work produced or provided. You assume sole responsibility, ownership, and liability of all forms of artwork submitted to our website.
PRODUCTION SCHEDULES
Production schedules will be established and followed by both the Customer and the Company. In the event the Customer does not adhere to the schedule for providing needed information or approvals, previously stated shipping and delivery dates will be subject to change.
There will be no liability or penalty for delays due to state of war, riot, civil disorder, fire, strikes, accidents, the action of government or civil authority, acts of God, or other causes beyond the control of the Company. In such cases, schedules will be extended by an amount of time equal to the delay incurred.
RUSH PROCESSING
Rush processing is available on most products. Please contact a Customer Service Representative to discuss your rush processing options and additional fees.
We will use commercially reasonable efforts to meet this agreed-upon rush production time. The minimum order for wholesale graphics is $75.00 with a minimum line-item charge of $15. Taxes and shipping costs will be added to this.
SHIPPING FOR WHOLESALE GRAPHICS
Ship dates are established from the time the Company receives all necessary information and PDF proof approval. The standard ship method is FedEx ground service. Expedited shipping is available. Gregory, Inc is not responsible for any errors made by the freight carrier including damages to the product. The Company will not be held responsible for weather, acts of God, or other things we cannot control. We cannot deliver to P.O. boxes, a street address must be provided for every order. After the product has shipped, all shipping company terms & conditions apply for lost or delayed packages.
If you have a deadline, you must request expedited shipping as ground shipments are not guaranteed. We will not refund the order cost if FedEx or any other carrier has a delay in the delivery of your package. All refunds are limited to the actual shipping cost refunded to the Company from the shipping company.
All shipping of Wholesale Graphics is of FOB origin. The Company will ship FedEx Ground whenever possible. Additional FedEx charges and fees will be added to residential or limited service areas as defined by FedEx.
If a package from FedEx is damaged, instead of signing your name it should be signed “DAMAGED”, otherwise FedEx may not pay a claim. If there is damage found after delivery, contact FedEx and request an inspection report. Claims for damaged goods must be filed with FedEx. The Company is not responsible for filing such claims.
Heavy and oversize shipments will be sent by LTL motor freight. Additional freight charges will be added to residential and other limited access sites as defined by the freight company.
Upon delivery, check merchandise for quantity and carrier damage. Any problems must be noted on the carrier delivery receipt. If the product is damaged in shipping, have the delivering carrier personnel note the damage at the time you receive the shipment. Then contact the carrier to file a damage claim.
Damaged items will be replaced only if you enter a new order for the items needed. The new order will be charged at our regular pricing.
Shipping insurance is not included in the price of the product or in the billed shipping charges. If you want the shipment insured, you must specifically request this service.
Lost packages will be replaced after the shipping company confirms loss. This generally takes 7-10 business days after the initial lost product inquiry. Again, please order early as we cannot control delivery after your product leaves our facility.
SHIPPING FOR GRAPHICS MATERIALS & SUPPLIES
Freight is paid for orders over $125.00 of product cost unless the product is specifically excluded from free freight. Otherwise, freight is F.O.B origin. Ordered items will be shipped the same day of order if the order is placed by 4:00 pm Central Time and the items are in stock.
PAYMENTS
You represent and warrant that if you are purchasing something from us any credit information you supply is true and complete, charges incurred by you will be honored by your credit card company, and you will pay the charges incurred by you at the posted prices, including any applicable taxes. If you qualify for an open account from the Company you warrant that you will pay the amount owed to the Company in full and within terms.
COLOR POLICY
We do not guarantee any color matching or exact color print. We keep our equipment calibrated to offer the closest match possible to the PMS colors you provide in submitted art, but slight color variations should be considered acceptable and will not be considered production mistakes.
If a non-PMS color must be reproduced, we can provide a color match service with the fee charged based upon time and material used to achieve the match.
In the event a printed sample is desired, an order may be placed at the standard square foot price.
ORDER CANCELLATION
If you wish to cancel your order, it must be done prior to beginning production. If the production process has started, you will be liable for all costs incurred.
The Company is not responsible for any duplicated orders that are placed on our website due to Customer mistake.
RETURNING WHOLESALE GRAPHICS
If you are not satisfied with your order, please contact us within 48 hours of receiving the product. Returns must be approved in advance by the Company.
If a product is found to be defective by the Company, a new one will be created and shipped.
Please note the following:
• No returns due to late order or shipping company delays.
• No returns because of a typo made in a provided file or approved proof.
• No returns due to colors not matching if PMS colors are not set up properly in vector art.
• No returns due to size adjustment as prints can fluctuate up to 1/4” per linear foot.
• Returns WILL BE accepted if the Company has made a mistake after approval from the Customer.
RETURNING GRAPHICS MATERIALS & SUPPLIES
If an item is returned to the Company, a Restocking Fee of 25% or $25.00, whichever is greater, will be charged on all stock items received in sellable condition. Non-stock and custom converted items may not be returned, canceled, or exchanged.
All returns must have a Return Material Authorization (RMA) number to be accepted by our Receiving Department. Please call a Customer Service Representative for the RMA number before returning any items. RMA numbers will expire 30 days after issuance. After the 30th day, no credits will be issued on return order numbers.
All returned materials must be returned to the Company, in the same manner, you received it and at your expense. Products must be properly packed so that no damage will occur during return. Credits will be issued after we have received, verified quantity, and inspected the material for damage.
REFUNDS & CLAIMS
Since all orders for printed items are produced to your specifications and unique to you, all sales are final. However, if you receive merchandise that is defective upon receipt, please contact a Customer Service Representative and provide photographs of the defective product no later than 48 hours after delivery of the order. If such a claim is not made within those 48 hours, the Company will understand that all products or parts of an order have been accepted. By accepting the product, the Customer acknowledges that the Company’s performance has completely satisfied all terms, conditions, and specifications.
If it is determined that the Company is at fault, we will have FedEx pick up your entire project, then we will reprint the job, and ship it back free of charge. You will only be charged for the initial order and no additional shipping charges.
If you can only send back a partial order, we will only reprint the portion returned and we will not make any changes to the print file; we will only use the original file uploaded or approved by you. If you request the file be changed or submit a new file for the reprint, it will be considered a new order and will be charged accordingly.
If circumstances prevent the reprint of the order, a refund will be processed to your credit card or a credit will be entered on your account with the Company. The refund or credit will be for the amount of the product purchased.
Shipping costs are non-refundable.
DISCLAIMER
We provide services on an "As Is" and "As Available" basis. We do not represent or warrant that the website will be uninterrupted, will be free of inaccuracies or errors, will meet your requirements, or will operate in the configuration or with the hardware or software you use.
The Company makes no warranties other than those made expressly in these Terms and Conditions and hereby disclaims any and all implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability, and non-infringement.
The Company will not be liable to you or any third party for any consequential, incidental, indirect, punitive, or special damages (including damages relating to lost profits, lost data, or loss of goodwill) arising out of, relating to, or connected with the use of the services of the Company or the website, based on any cause of action, even if advised of the possibility of such damages.
LIABILITY
The Company warrants that the work is as described in the purchase order or as the information provided when ordering on the website.
The Customer understands that the work shown in a proof when approved is what will be printed and acknowledges the difference in appearance on-screen when color is represented.
The Company will not be held liable under any circumstance for problems resulting from files provided by the Customer (this includes color shifting and issues arising from improper file preparations). See “Digital Print File Guidelines” for information on how to prepare files for submission.
If the Customer finds a production error or manufacturing defect in the item(s) he/she received from the Company, we will replace the item(s) at no charge as stated above. Original shipping charges are not refundable. All claims must be initiated within 48 hours after delivery of the product.
LIMITATION OF LIABILITY
In no event will the Company, or its suppliers, be liable for any indirect, special, consequential, or incidental damages, including, without limitation lost profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use the website or any product. Damages resulting from the use or reliance on the information provided in this website, even if the Company, or its suppliers, have been advised on the possibility of such damages.
Except for a break of a party's representations and warranties under these terms & conditions or in connection with your indemnity obligations under these terms & conditions, in no event will the liability of the Company exceed the value of products received or services rendered. The value of products or services is limited to the stated value on the website or as stated by an authorized agent of the Company.
REGISTRATION
Certain sections of, or offerings from, the website may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information.
Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit any other person to use the registered sections under your name, or access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
GOVERNING LAW; JURISDICTION AND VENUE
The Company is based in Reno County, Kansas and all transactions shall be deemed to have taken place at the Company’s facility. The rights and obligations of the parties shall be governed by, and entering into a business transaction with the Company shall be construed and enforced in accordance with, the laws of the State of Kansas, excluding its conflict of laws rules to the extent such rules would apply the law of another jurisdiction. The parties hereto consent to the jurisdiction of all federal and state courts in the state of Kansas and the County of Reno and agree that venue shall lie exclusively in Kansas. Any action or proceeding arising out of or related to this Agreement shall be brought and enforced only in the state and federal courts located in Reno County Kansas, and the parties consent to the personal jurisdiction of such courts and waive any argument that venue in any such forum is not convenient.
INDEMNIFICATION
The Customer agrees to protect the Company from economic loss and any other harmful consequences that could arise in connection with the work. This means that you will hold the Company harmless and safe, indemnify, and otherwise defend him/her against claims, demands, actions, and proceedings on any and all grounds. This will apply regardless of responsibility for negligence.
LINKS TO OTHER SITES/THIRD-PARTY SERVICES
You acknowledge and agree that the Company is not responsible for the availability of any links on the website to sites that are not owned by the Company and that we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You agree that the Company will not be liable to you in any way for your use of such services.
PERSONAL OR ECONOMIC RIGHT
You, the Customer, also warrants that the files you supply to the Company and the products produced from your supplied files, information, or communication do not contain anything that is libelous or scandalous or anything that threatens anyone's right to privacy or their personal or economic rights.
You will, at your sole expense, promptly and thoroughly defend the Company in all legal actions on these grounds as long as the Company: promptly notifies the Customer of all legal action, and gives the Customer reasonable time to undertake and conduct a defense.
The Company reserves the right to use our sole discretion in refusing to print anything we deem illegal, libelous, scandalous, improper, or infringing upon copyright law.
The Company refuses to print or promote any form of pornographic images or nudity. We also reserve the right to reject orders that contain the strong use of written foul language and swear words or other content that is considered offensive to the general public.
MISCELLANEOUS
These terms & conditions will be binding upon each party hereto and its successors and permitted assigns and governed by and construed in accordance with the laws of the State of Kansas without reference to conflict of law principles. These terms & conditions will not be assignable or transferable by you without the prior written consent of the Company These terms & conditions (including all of the policies and other agreements described in the terms & conditions), which are hereby incorporated herein by this reference, contain the entire understanding of the parties regarding its subject matter and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter.
No failure or delay by a party in exercising any right, power, or privilege under these terms & conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other further exercise thereof or the exercise of any other such right, power, or privilege. You and the Company are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these terms & conditions. The invalidity or unenforceability of any provision of these terms & conditions will not affect the validity or enforceability of any other provision of these terms & conditions, all of which will remain in full force and effect.
Prices are subject to change without notice. Please call for a quotation on items not found or priced on this website.
The Company reserves the right to make add, delete, or otherwise modify these terms & conditions at any time and at its sole discretion. If you are not willing to abide by any of the statements in the terms and conditions please do not use any aspect of the information or services provided by the Company.
