TERMS AND CONDITIONS OF SALE
By submitting the form on our New Customer page, you hereby consent to the following terms and conditions of sale of Tough Prints, LLC products and services (collectively "Products") either now or in the future; provided, however, that if you execute Terms and Conditions for a future sale, those terms and conditions will supersede these Terms and Conditions for any such future sales.
1. Communication. Tough Prints, LLC ("Tough Prints") may provide or exchange any or all communications, including orders, updates, specifications or notices electronically, including websites, electronic mail, cellular telephone, social media, or text or other electronic messaging ("Electronic Communication") and such Electronic Communication will also be governed by these Terms and Conditions. Any order sent by Electronic Communication other than electronic mail will not be accepted until confirmed by Tough Prints by delivery of the Products. You will be responsible for correcting any defects caused by any Electronic Communication to Tough Prints reasonable satisfaction.
2. Indemnification. You agree that you shall indemnify and defend Tough Prints and its members, managers, directors, officers and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms and Conditions or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into Products.
3. Disclaimer of Warranty. THE PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
4. Terms of Sale. All payments are due within 14 days after delivery of the Product, without deduction or set-off.
a. Proofing. Tough Prints is a high speed printing service. Tough Prints will be responsible for placement of logos only and is not responsible for: any items provided by customer for printing, printing to scale (as scale cannot necessarily be determined by certain modes of Electronic Communication), spelling, punctuation or grammatical errors made by the customer, inferior quality or low-resolution of uploaded images, design errors introduced by the customer, errors in user-selected options such as Electronic Communications, choice of finish, quantity or product type, and damage to the Products arising after delivery to the customer. Please review your layouts or designs carefully for any mistakes and inspect any items provided to Tough Prints for printing for defects, prior to placing your order. Tough Prints has no obligation to proof documents or layouts created by its customers prior to processing or to inspect any items provided by customer to Tough Prints for printing for defects.
b. Force Majure. Tough Prints is not responsible for certain circumstances that are beyond Tough Prints' control, including event cancellation, shipping or customs delays, or failures or for the negligence of customer or any customer's designee.
c. Shipping. Shipping will be charged at actual cost. A $10 handling charge will be added to the cost of shipping. In the event of a conflict between the address for shipping provided below and as otherwise provided by customer, such other address will control.
5. Authorization. The person signing these Terms and Conditions hereby authorizes Tough Prints to charge the credit card given to Tough Prints other otherwise on file for all charges contemplated hereby and represents and warrants to Tough Prints that such individual has the authority to enter into the transactions contemplated hereby and to grant such credit card authorization notwithstanding such credit card may be in the name of another company or individual. The customer is responsible for all collection costs and bank charges for declined payments. An electronic signature may be accepted as an original.
6. Limitation of Liability. ALL SALES ARE FINAL. IN NO EVENT SHALL TOUGH PRINTS OR ITS LICENSORS, SUPPLIERS, OR VENDORS, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT TOUGH PRINTS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE OR ANY ELECTRONIC COMMUNICATION FAILURE.
7. Attorneys' Fees. All unpaid amounts will bear interest at the rate of 1.5% per month. If Tough Prints must retain an attorney for collection or enforcement of these Terms and Conditions, the prevailing party shall be entitled to its attorneys' fees and costs.
8. Governing Law. All transactions between you and Tough Prints are governed by Nevada law. Any legal action or proceeding shall be instituted Clark County, Nevada.