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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. 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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