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CopyworldInc's Terms of Service
Reservations: All orders are subject to acceptance by Copyworld Inc.
Copyworld, Inc. reserves the right to reject any order or stop performance at
any time without recourse. Copyworld, Inc. also reserves the right to change
the price of the order after reviewing the artwork, subject to approval by the
customer.
Returns: Due to the nature of the product, no returns can be made. Any
claims for defects, damages, or shortages must be made in writing within two
(2) business days after receipt of the merchandise. Failure to do so
constitutes an irrevocable acceptance of the order. Replacement of the product
will be made upon receipt of returned merchandise and only when Copyworld, Inc.
solely and exclusively determines that the defect was not caused by misuse or
mishandling of the product. If customer plans to return the defective
merchandise, it should not be used in any way, even for a short period of time.
The warranty herein is exclusive and in lieu of all other warranties, whether
express or implied, including the implied warranties of merchantability and
fitness for a particular purpose.
Credit Card: If the customer's credit card company declines the
authorization, Copyworld, Inc. shall not process the order. If Copyworld, Inc.
has processed the order and the credit card is declined, payment will be
required prior to shipment of the product. All charges are due per the terms
specified on the estimate, payable at the Berkeley, California branch. Should
Buyer's
account become delinquent, customer agrees to pay a monthly finance charge of
1-1/2% (annual percentage rate of 18%) on the unpaid balance. If an account
goes beyond the payment term's due date, unless specific arrangements are made,
future purchases will be on a C.O.D. basis. In the event that Copyworld, Inc.
must commence legal action to enforce any terms of this agreement, the customer
agrees to pay reasonable attorneys' fees and costs.
Warranty: Copyworld, Inc. makes no warranty expressed or implied nor
accepts any responsibility other than possible replacement of these products.
Copyworld, Inc. may, but is not required to, replace any defective product, or
give the customer credit for the amount of the purchase price for such product.
This warranty is limited solely to the replacement of the product as originally
shipped or a credit for the cost of the product shipped.
Shipping: Shipping terms are F.O.B. Berkeley, California. Copyworld,
Inc. will arrange payment for shipping with the carrier, but the costs are the
responsibility of the customer. Risk of loss is upon the customer once
Copyworld. Inc. delivers the product to the carrier. Delivery times are
estimates only, and Copyworld, Inc. shall not be responsible for delays. Please
see "General Section C" for additional limitations. Copyworld, Inc. will make
all efforts to ship the products in the time specified on shipping schedule.
Storage: We do not store any orders past 30 days. If we you fail to pick up your within 30 days after the projects is ready for pick up CopyWorld will recycle your order. CopyWorld will not be responsible for the reprinting cost and any reprinting will be subject to the full listed price at the time of the re-order. For further questions on our storage policies please contact us at support@copyworldinc.com
Limitation Of Liability: Copyworld, Inc. shall not be liable in contract
or in tort (including negligence) to the customer for incidental or
consequential damages, arising out of or resulting from our performance or
nonperformance of our obligations under this contract, including but not
limited to claims for lost profits or other economic damages.
Indemnification: The customer shall indemnify and hold harmless
Copyworld, Inc. from any and all loss, cost, expense, and damages (including
court costs and reasonable attorney fees) on account of any and all manner of
claims, demands, actions, and proceedings that may be instituted against
Copyworld, Inc. on grounds alleging that the said work violates any copyrights,
trademarks, service marks, or is scandalous, or invades any person's right to
privacy or other personal rights. The customer agrees to promptly defend and
continue the defense of any such claim, demand, action or proceeding that may
be brought against the Copyworld, Inc. at the customer's own expense.
Cancels and Refunds: When the customer cancels a purchase order placed
through our website, and no graphics processing has been done, we charge 15% of
the order amount. If graphics processing took place, then we don't refund
unless a conditon in the Returns chapter applies.
General:
a) These Terms of Sale and any transactions made under them shall be
interpreted by and be subject to the laws of the State of California.
b) In the event that any section or portion of a section of these Terms
of Sale are deemed unlawful or unenforceable, that section or portion of a
section shall be stricken from the Terms of Sale, and the remaining terms shall
continue in full force and effect.
c) Copyworld, Inc. shall not be responsible for damages or delays
resulting from Machinery Breakdown, Acts of God, and from other actions, both
governmental and otherwise, including but not limited to war, riot, seizure,
and embargo. Copyworld shall not be responsible for any delays caused by FedEx,
UPS or any other common carrier.
d) To understand what the customer can expect from our prepress,
printing, and finishing process, please read the "Process Expectations"
document on our website.
e) These Terms of Sale may be modified from time to time by Copyworld,
Inc. without notice, and are current as of the date of the then current catalog
or web site. Please refer to the current catalog or web site.
f) Any action by the parties arising out of or relating to these goods
or materials shall be commenced within one year after receipt of said products
in Alameda County, California.
g) The customer's order shall be deemed an acceptance of the Seller's
terms and the customer to vary in any degree any of the terms of this
quotation, is hereby objected to and rejected, but such proposal shall not
operate as a rejection of the customer's order, unless such variances are in
the terms of the description, quantity, price, or delivery schedule of the
goods or material, but shall be deemed a material alteration thereof, and any
order the customer places with Copyworld, Inc. shall be deemed acceptance of
these Terms of Sale by the customer without said additional or different terms.
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