Terms and Conditions
For all new internet customers, payment authorization for the full amount of the order is due at the time of placement of the order. We accept payments via company check, major credit card or PayPal. If paying via credit card, ICS INKSwill finalize the charge to your credit card upon order placement.
ICS INKS does not have the responsibility to commence work until this amount is collected. Unless provided for in advance, the balance of the purchase price is to be paid at the time of delivery, or attempted delivery by ICS INKS or his agent, by credit card, certified check or money order payable to the ICS INKS. Unless on account, all orders must be paid in full before goods can depart ICS INKS’s location. Claims for tax exemption must be supported by a tax number or certificate at the time of order placement. No refunds shall be made if a certificate is provided subsequent to the transaction.
Non Payment According to Agreed Upon Terms
Buyer agrees to pay a late payment charge on all overdue balances in an amount not to exceed the legal limit. Should ICS INKS choose to pursue collection of this debt in a court of law, and should ICS INKS prevail, buyer further agrees to pay the reasonable legal and collection expenses of the ICS INKS. Until payment is received, ICS INKS shall have the right to retain possession of and shall have a lien upon all of buyers property, or property for which buyer is a custodial or third party agent, (in the case of an ad agency agreement with a third party end user) which is in the possession of the ICS INKS, including but not limited to artwork, films, raw materials, substrates, work in progress and finished work.
Ownership of Artwork and Materials
ICS INKSdoes not own any designs or ideas you upload to our servers or any designs that we print or embroider in-house for our clients.
You retain all rights to your artwork, designs, ideas and intellectual property that you submit for quotes or printing through ICS INKS SCREEN PRINTING.
To legally operate, we need to have the ability to use the images you upload. This is called a license. Your ICS INKSaccount allows you to give us a free license to use the images for the following purposes:
- § Printing or embroidering onto ANY items you order from us.
- § We will always say the images we use of yours are yours. We will not take any credit for your work.
- § You are free to use your own images with any other printer or service.
All films and screens created by or furnished by the ICS INKS remain as ICS INKSs exclusive property. No use of same shall be made, nor ideas obtained there from be used, except upon compensation to be determined by the ICS INKS, or unless otherwise agreed to in writing. Written artwork approval is required on all new art including customer furnished pieces.
ICS INKSagrees not to share your ideas or designs with any person or entity not employed with or contracted by our company for the use of supplying you a quote or printing your order
In the event that ICS INKSis to imprint at the request of buyer a likeness of a person, product, or any other thing, either provided by the buyer or provided by ICS INKSat the buyer’s request, buyer hereby represents that said likeness is being produced with the knowledge and consent of the individual or entity having the rights thereto. On request by ICS INKS SCREEN PRINTING, buyer shall provide evidence of authority to produce such likeness Buyer agrees to hold ICS INKSfree and harmless from all liability and indemnify ICS INKSfrom the loss, damage or injury which he may suffer as a result of the reproduction of the likeness requested by the buyer. Buyer will defend, or at ICS INKSoption cooperate in the defense of, hold harmless and indemnify, including legal fees, ICS INKSand ICS INKSPersonnel and Customer and Customer Personnel from third party claims that buyers’s Deliverables or Services infringe the intellectual property rights of a third party. In addition, if such a claim is or is likely to be made, buyer will, at its own expense, exercise the first of the following remedies that is practicable:
ICS INKS warrants that the goods are as described in this agreement. However, ICS INKS disclaims all express and implied warranties of merchant-ability and warranty of fitness for a particular purpose, unless specifically agreed upon in writing and made part of this agreement.
Due to market conditions and manufacturer garment mill variances beyond the ICS INKS’s control, ICS INKS cannot guarantee consistency of dye colors throughout an individual order or from one order to the next.
ICS INKS reserves the right, when necessary, to substitute material of equal or better quality without notification. If you would not like any substitutions with your order, please notify us at the time of ordering.
In the event of a breach by ICS INKS, claims for defects, damages or shortages not related to transportation, must be made in writing by the buyer within five (5) days after delivery. Failure to make such a timely claim shall constitute complete and irrevocable acceptance of the shipment. Claims must specify in detail the objections of the buyer. No claims shall be made except for defects therein or for non-conformity with some material provision of the order. The sole option of the buyer as to any order property rejected will be to ship such goods to ICS INKS within five (5) days following written authorization. In all cases, ICS INKS’s liability shall be limited to the stated selling price of the product, or at ICS INKS’s option replacement of the merchandise. Buyer shall have no right to recover by procuring replacement goods. In no event shall ICS INKS be liable for special or consequential damages, including profits lost, whether or not caused by or resulting from ICS INKS’s negligence.
In cases of misunderstanding or disagreement in interpretation of specifications, or where new conditions arise where ICS INKS and buyer are unable to agree, the disputes shall be submitted to a special arbitration committee of three, one member representing the ICS INKS, one the buyer and one selected and agreed upon by the representatives of the ICS INKS and the buyer. The majority decision of the committee shall be binding upon the buyer and the ICS INKS.
In the event ICS INKS takes legal action concerning the terms of this agreement, or if ICS INKS retains an attorney to secure collection of all or any portion of an account, whether or not the matter proceeds to judgment, ICS INKS shall be entitled to reasonable attorney’s fees and out of pocket costs incurred.
CHOICE OF LAW AND FORUM
This site (excluding third party linked sites) is controlled by the Company from its offices within the State of Indiana , U.S. of America. It can be access from all 50 states as well as from other countries around the world to the extent permitted by site. As each of these places has laws that may differ from the state of Indiana , by accessing this site, both you and the Company agree that the statues and laws of the shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regard to conflicts of laws principles thereof. You and the Company also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of Indianapolis, Indiana, and any legal proceedings shall be conducted in English. The Company makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods