Terms from Dropcap Studio:
The following terms and conditions (the “Terms and Conditions”) shall constitute the agreement (the “Agreement”) between Dropcap Studio (“Dropcap Studio,” “Seller” or us) and purchaser (you or “Purchaser”) with respect to the sale of products by Seller to Purchaser. This Agreement incorporates the product type, quantity and shipment terms set forth in your electronic or written purchase order, when accepted by Dropcap Studio. All other terms set forth in the purchase order, including but not limited to, terms related to express or implied warranties, are superseded and replaced by these Terms and Conditions. In the event of any conflict between the terms contained in the purchase order and these Terms and Conditions, these Terms and Conditions shall control. We reserve the right to refuse any order that does not meet our corporate values and standards in regards to hate speech, discrimination based on race, religion, gender, sexual orientation or country of origin. Derogatory speech will not be tolerated and orders containing such language will be refused.
Orders must be prepaid by Check, Cashier’s Check, or Credit Card (Visa, MasterCard, Discover or American Express cards are accepted). We do not accept COD orders. For your added security, we use 128 bit SSL encrypted payment processing on our website so no clear text copies of your credit card number are transmitted over the internet. Customers with Credit Terms: For orders over one-thousand U.S. dollars ($1000), we reserve the right to require a deposit of fifty percent (50%) before beginning production. A late charge of one and one-half percent (1.5%) per month, eighteen percent (18%) per year will be applied to account balances not paid in accordance with our terms. Any account balances still owing three (3) months after delivery of goods will be declared delinquent and we reserve the right to take any and all collection steps, as we in our sole discretion deem necessary or appropriate, to collect the delinquent balance, up to and including any and all appropriate legal or equitable action. The cost of such collection efforts, including but not limited to attorneys’ fees, costs and expenses, will be charged to the customers account.
Prices & Product Specifications:
All Prices are in U.S. Dollars. All prices are F.O.B. Dropcap Studio facilities. Prices, minimums, quantities and specifications are subject to change without notice. Partial orders of products may be shipped from time to time so long as the ordered quantity is shipped by the shipment date. Actual color of the products may vary from those shown, due to limitations of computer transmission and printing process.
We collect sales tax on shipments within the following U.S. States: CA, MN, IA, NV, TX, VA.
Orders entered after 12:00pm CST, weekends and national holidays are received the following business day.
We accept purchase orders from prequalified, pre-approved and established customers. Placement of an order does not constitute an offer to sell. Each order shall be reviewed on its merits and is subject to acceptance by Seller. We reserve the right to refuse any purchase order for any reason we deem appropriate.
Title of Risk and Loss:
Title and risk of loss shall pass to Purchaser at the time of delivery to the carrier for shipment. This provision shall apply even if a price is quoted F.O.B. destination.
Return of Products:
Most Dropcap Studio products are custom made to order. But as a service to you, for orders under $1000, should you need to return any goods that were ordered in error or not needed, we will credit up to 25% of the original net price, up to $500. All you do is call our Customer Service Dept. for a RMA (Return Material Authorization) number, and return product to the appropriate plant as given to you. You pay the freight for the return, and items such as shipping charges, art charges or mounting patterns cannot be credited.
For orders over $1000 we will determine a credit based on the product type and dollar value.
Stock items such as hardware and stock Pronto letters can be returned for full credit less 15% restocking fee if returned in original packaging undamaged and unused.
Any item that is defective due to material defect or manufacturer defects will be accepted for return or replacement. All defective product claims must be made to us within 7 business days of receipt.
Please contact our Customer Service Dept. for a Return Merchandise Authorization (RMA) number or to make arrangements with one of our customer service representatives to have the defective item picked up and a replacement item (in the same material, font, finish, size, etc) shipped to you. Returns will not be credited without a Return Merchandise Authorization (RMA) number.
For stock products, cancellation or changes are accepted only within 24 hours of order date and the order has not left our facilities. If order has been packed and is ready to ship a restocking fee of 15% will apply. Keep in mind some stock products ship the same day the order is received. Custom order cancellation maybe accommodated at our discretion if production has not started but we can not guarantee that we will be able to accommodate custom order cancellation requests. Once a custom order reaches the factory floor, we are unable to issue any refund. Custom orders are ready for production within one business day of your approval. If you need to add to your order after the 24 hour period, you will need to place another order or contact our Customer Service Dept. at 800-804-4716 and we will do our best to accommodate you.
When properly installed, Dropcap Studio Letters are guaranteed for the life of the building they were originally put on.
Plastic Letters and Logos:
If any letters break or fade, Dropcap Studio will replace the defective letters for free. Exterior letters will get dirty. Varied climatic conditions may impact the letter finish. Therefore, some regular cleaning may be required. A good dish soap and water will help return the letters to their original luster.
Metal Letters and Plaques ( Channel, Aluminum, Copper, Brass, Bronze, Stainless Steel, Cast Metal Letters and Plaques ):
Should any metal letter finish fade or corrode, Dropcap Studio will refinish at no charge. Some metal finishes do require regular maintenance to keep their original luster. Painted, satin and polished letters are clear coated with a hardened polyurethane, similar to your car finish. This can be cleaned with a good dish soap and water. If the face gets scratched, a good car polish will also help bring back the original luster. Painted metal letters are double coated with a hardened acrylic polyurethane, and then oven baked. This paint should retain its original luster and not crack for at least 10-15 years.
All Other Letters ( Display, Laminated, Foam, Gatorfoam, GemLeaf, Giclee, Faux Metal Finish, Gold Leaf and Wood ):
Guaranteed to be free of manufactures defects for a period of 1 yr.
Mounting Hardware & Accessories:
Guaranteed to be free of manufactures defects for a period of 1 yr.
Limitation of Liability:
Seller’s maximum liability for any breach of this Agreement, or any other claim related to the merchandise, shall be limited to the price of the merchandise or portion thereof sold to Purchaser hereunder. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES FOR LOST PROFITS OR BUSINESS OPPORTUNITIES OR DAMAGE TO REPUTATION.
Any other previous oral or written communications, representations, agreements or understanding between the Seller and Purchaser are no longer of any force and effect; this Agreement supersedes and replaces all prior agreements between Seller and Purchaser, and constitutes the entire agreement and understanding between the parties, concerning the sale and purchase of merchandise. This Agreement shall not be modified or amended orally, or by any course of dealing or trade usage, but only in writing executed by both parties, and shall not be assigned by Purchaser without the express written consent of Seller. The terms and conditions of this Agreement shall be binding upon each parties successors and assigns, as applicable. Seller may, without the consent of Purchaser, assign its rights hereunder, including its rights to collect and receive payment of amounts due hereunder.
If Seller’s ability to deliver merchandise is impaired due to circumstances beyond Seller’s reasonable control, including but not limited to fire, flood, government action, accident, labor disputes or shortage, or inability to obtain from its usual sources raw material, materials (including energy), finished goods, equipment, or transportation, Seller shall be excused without liability from making delivery to the extent of such impairment. If Seller’s ability to deliver a product is reduced due to any such circumstances, Seller may reduce the contract quantity upon written notice to Purchaser, in which case Purchaser’s obligation to purchase merchandise from Seller hereunder shall be reduced and adjusted accordingly.
All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing and shall be deemed to have been properly given or served by (i) depositing in the United States Mail, postpaid and registered or certified return receipt requested, (ii) hand delivery; or (iii) reputable express courier providing written receipt of delivery, and addressed to the addresses of the parties set forth herein or on purchaser’s purchase order. All notices, demands and requests shall be effective upon the date of actual receipt of the notice, demand or request by the addressee thereof. Rejection, or other refusal to accept, or the inability to deliver because of changed address of which no notice was given, shall be deemed to be receipt of the notice, demand or request sent. By giving at least thirty (30) days written notice hereof, both parties shall have the right from time to time and at any time during the term of this Agreement to change their respective addresses.
The failure of either party to insist, in any one instance or more, upon the performance of any of the covenants or conditions of this Agreement, or to exercise any right or privilege herein conferred, shall not be construed as thereafter waiving any such covenants, conditions, rights or privileges, but the same shall continue and remain in full force and effect.
SELLER HAS NOT MADE AND DOES NOT MAKE, NOR SHALL SELLER BE DEEMED TO HAVE MADE OR GIVEN, AND HEREBY EXPRESSLY DISCLAIMS, ANY WARRANTY, GUARANTY OR REPRESENTATION, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANDISE DESIGN, VALUE, CONDITION, QUALITY, DURABILITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY, OR EXPRESS OR IMPLIED WARRANTIES AS TO QUALITY OR CORRESPONDENCE WITH PRIOR DESCRIPTION OR SAMPLE. IF MERCHANDISE IS PURCHASED BY WAY OF A PURCHASE ORDER OR SIMILAR DOCUMENT, THAT DOCUMENT IS DEEMED TO INCLUDE THIS DISCLAIMER OF EXPRESS AND IMPLIED WARRANTIES, REGARDLESS OF WHETHER THE PURCHASE ORDER OR DOCUMENT IS SILENT OR CONTRARY TO THIS DISCLAIMER.
PURCHASER SHALL INDEMNIFY, DEFEND AND HOLD SELLER HARMLESS FROM AND AGAINST ALL ACTUAL OR ALLEGED LIABILITY, LOSS, DAMAGE, COST AND EXPENSE, INCLUDING ACTUAL ATTORNEY’S FEES AND COURT COSTS, TO THIRD PARTIES RESULTING FROM PURCHASER’S BREACH OF THIS AGREEMENT, OR FROM THE USE OF MERCHANDISE WHILE SUCH MERCHANDISE IS IN PURCHASER’S, OR PURCHASER’S END-USER’S, POSSESSION OR CONTROL. IN ADDITION, PURCHASER AGREES TO DEFEND, INDEMNIFY AND HOLD SELLER HARMLESS FROM ANY AND ALL LIABILITY, LOSS, DAMAGE, COST AND EXPENSE, INCLUDING ACTUAL ATTORNEY’S FEES AND COURT COSTS, WHICH SELLER MAY SUFFER OR INCUR ARISING FROM PURCHASER’S RESALE OF MERCHANDISE, PURCHASER’S OR END-USER’S LABELS, PACKAGING, SPECIFICATIONS, SALE OR USE OF MERCHANDISE, INCLUDING BUT NOT LIMITED TO, ACTUAL OR ALLEGED PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT.
Compliance with Laws:
Seller represents and warrants that products sold to Purchaser pursuant to these Terms and Conditions and Purchaser’s purchase order shall comply with applicable federal and State of Idaho laws and rules and regulations. Purchaser represents and warrants its performance hereunder and subsequent actions with respect to the products will comply with all applicable laws.
If for any reason any provision contained in this Agreement is held to be invalid, illegal, unenforceable, or otherwise void by a court of competent jurisdiction, the remaining provisions of this Agreement shall not be affected and shall continue in full force and effect.
Relationship of Parties:
Nothing contained herein shall be construed to create an association, joint venture, trust, or partnership, or impose a trust or partnership covenant, obligation, or liability on or with regard to the parties. Each party shall be individually responsible for its own covenants, obligations, and liabilities under this Agreement.
Construction of Agreement:
Any ambiguities or uncertainties in the wording of any provision of this Agreement shall not be construed or interpreted for or against any party because that party drafted or caused its legal representative to draft the provision. Unless expressly stated otherwise in this Agreement, words used in the singular include the plural, the plural includes the singular, and the neuter gender includes the masculine and the feminine.
This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho without reference to its conflict of laws principles, and shall be deemed entered into at Seller’s place of business. The parties hereto hereby consent to the adjudication of any controversy arising under the contract by the Courts of the State of Idaho located in Madison County, Idaho.