Terms of Sale

Introduction These terms of sale are applicable to any order placed with and accepted by Carriage House Printery, LLC (referred herein as CHP). Buyer agrees to be bound by these terms of sale.

Copyright Buyer represents and warrants that any matter it furnishes for performance of services by CHP (i) does not infringe any copyright or trademark or other intellectual property rights of any third party; (ii) is not libelous or obscene; (iii) does not invade any person’s right to privacy; and (iv) does not otherwise violate any laws or infringe the rights of any third party. Notwithstanding the foregoing, CHP reserves the right, in its sole discretion, to refuse to perform any order or portion thereof, for any or no reason; in such event, CHP will reimburse the applicable purchase amount to Buyer.

Errors in Submitted Files CHP will not proofread artwork or submission before printing. CHP assumes that the files and artwork submitted by Buyer is correct and represents what Buyer desires. CHP may, at its sole discretion, identify to Buyer possible errors in spelling, grammar, and the like. CHP is not responsible, for the condition of Buyer’s files and artwork, including, without limitation, inferior image quality or poor resolution, sizing, quantity, color matching (Buyer may want to provide a hard copy of desired product) and design errors.

Payment Buyer shall make full payment prior to CHP’s commencing work or shipping product unless otherwise previously agreed to by CHP in writing.

Shipping and Risk of Loss. Buyer agrees to pay all shipping costs. Risk of loss will pass to Buyer when CHP provides package to carrier. Title passes on the later of full payment or handoff to carrier. Buyer will identify any defects in CHP’s performance within fifteen calendar days of Buyer’s receipt.

Warranty CHP warrants that the work shall reasonably conform to specifications in all material respects. If applicable and at CHP’s option, CHP may provide Buyer with an on-line printing proof for Buyer’s approval. If a proof has been provided, once Buyer approves a proof, Buyer will be liable for the full amount of the order. If Buyer supplies CHP with raw material (fabric) or items for imprinting as part of the order, CHP is not responsible for issues related to the quality of the raw material (fabric) or items for imprinting. CHP will not provide refunds for any product conforming to specifications in all material respects. Buyer’s exclusive remedy shall be that CHP shall at its option repair or replace said defective good or, at the option of CHP, refund the purchase price of the defective work. In no case shall CHP be responsible for any consequential damages, including but not limited to damages arising from Buyer’s contract or relationship with its purchaser(s).

DISCLAIMER EXCEPT AS EXPRESSLY STATE HEREIN, CHP MAKES NO WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED FOR PRODUCTS OR SERVICES PROVIDED BY CHP INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY BUYER AGREES THAT THE MAXIMUM LIABILITY OF CHP SHALL BE THE PRICE OF THE PURCHASED ITEM. IN NO EVENT SHALL CHP, OFFICERS, EMPLOYEES OR ANY REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATED TO PRODUCT ORDERED BY BUYER AND SUPPLIED BY CHP.

Indemnification Buyer agrees to indemnify, defend, and hold harmless CHP, its officers, employees, and suppliers against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to Buyer’s actual or alleged breach of this agreement.

Governing Law The order and this agreement shall be governed by the laws of the State of Ohio, without reference to conflicts of law principles. Any legal suit, action or proceeding arising out of or relating to the order or this agreement shall be commenced in a state court in the County of Fairfield, Ohio, or if no such court has jurisdiction, in a federal court in Ohio