FULL MOON SALES TERMS
Trade Terms, Conditions, and Standards of Full Moon Sales Full Moon Sales will hereafter be referred to as FMS.
1. QUOTES: Valid for thirty (30) days.
2. ORDER CANCELLATION: In the case of an order cancellation, FMS shall be entitled to full reimbursement for any costs already incurred, including penalties or restocking charges that seller's suppliers may charge FMS. This reimbursement shall be taken from the advanced deposit and the balance refunded to the customer. If no deposit was made then the amount will be billed to the customer and the customer will be responsible for payment under the terms and conditions agreed to.
3. CONDITION OF CUSTOMER SUPPLIED ARTWORK: Estimates for printing and digitizing are based on customer supplying 8.5" x 11" vector artwork that is "camera ready" and requiring no touch-up or clean-up. Additional time needed to make artwork camera ready shall be billed at current rates.
4. PROOFS: Proofs shall be submitted by FMS for review by customer. Proofs are to be returned marked "O.K." or "O.K. with corrections" (if corrections are noted) and signed by the customer. If revised proofs are desired, request must be made when proofs are returned. FMS regrets any errors that may occur through production undetected, but cannot be held responsible for errors if the work is printed or sewn per customer's O.K., or if changes are communicated verbally. FMS shall not be responsible for errors if the customer has not ordered or has refused to accept proof or has failed to return proofs with indication of changes or has instructed FMS to proceed without submission of proofs.
5. COLOR PROOFING: Because of differences in equipment, garments, inks, thread color, and other conditions between color proofing and production pressroom operations, a reasonable variation in color between color proofs and the completed job shall constitute acceptable delivery.
6. DELIVERY: Customer assumes "Shipping and Handling" charges. These charges will be billed on the final invoice.
7. TERMS: Payment in full of the order total is required on all custom orders. FMS will not commence work until this amount has been paid unless prior credit arrangements have been made. Buyer shall pay the balance due (postage, overruns, etc.) on the order at the time of delivery. Final payments not received within 10 business days from date of delivery of product will accrue a service charge of 5% per month, compounded monthly.
8. INSPECTION OF ORDER: Customer shall inspect order upon delivery. If any portion of the order is not satisfactory, customer must notify FMS within one week of order delivery to resolve issue.
9. GENERAL WARRANTY: FMS shall disclaim any and all express or impaired warranties of merchandise ability or warranty of fitness for a particular purpose. Although FMS uses quality materials, due to the wide variation in laundering conditions and detergents, FMS does not guarantee against fading or shrinkage of garments during laundering.
10. DYE LOT: Due to the practice of batch processing knitted goods when they are dyed, FMS cannot guarantee consistency of color on garments from dye lot to dye lot or from one order to the next.
11. PACKAGING: Unless otherwise noted, all items shall be "bulk" packaged. Individual folding, tagging, bagging, etc. shall be charged at current rates.
12. INDEMNIFICATION: The customer shall indemnify and hold harmless FMS from any and all loss, cost, expense and damages on account of any and all manner of claims, demands, actions, and proceedings that may be instituted against FMS on grounds alleging that the said printing or embroidery violates any copyright or any proprietary right of any person, or that it contains any matter that is libelous or scandalous, or invades any person's right to privacy or other personal rights except to the extent that FMS has contributed to the matter. The customer agrees to, at the customer's own expense, promptly, defend and continue the defense of any such claim, demand, action or proceeding that may be brought against FMS, provided that FMS shall promptly notify the customer with respect thereto, and provided further that FMS shall give to the customer such reasonable time as the urgency of the situation may permit in such to undertake and continue the defense thereof.