The Terms and Conditions contained herein are the exclusive terms and conditions for the sale of products from Gasworks Graphics LLC. (Company) to, the Customer. The Customer agrees that the terms and conditions stated herein constitute the final, complete, exclusive expression of the agreement between the Company and Customer. Here forward the Customer is referred to that(those) individual(s) which is(are) submitting an order or a request for an order from the Company.

1. CONTENT

The Customer shall not submit, in any form, any materials (Content), including, but not limited to electronic files, photos, graphic images that are unlawful, vulgar, defamatory, obscene, pornographic, indecent, libelous, or otherwise objectionable, or that which would incite or encourage a criminal offense or liability. The Company will not accept any designs which promote bullying, hate groups, foreign political organizations, or terrorist organizations. The Company reserves the right to refuse any design.

2. COPYRIGHT AND TRADEMARKS

The Company assumes no responsibility for researching or authenticating the rights held by any Customer to any trademark as it relates to any design or logo reproduced on behalf of the Customer. All liability, for any act of trademark infringement, rests solely with the Customer. The Customer hereby indemnifies the Company against any, and all, actions resulting from trademark issues. A letter of authorization, on Company Letterhead, may be required to proceed on orders where trademark infringement is questioned.

3. HOLD HARMLESS

The Customer agrees to hold the Company, it’s owners, officers, directors, employees, and agents, free and harmless from all liability and indemnify the Company for any loss, damage, or injury which may result from producing a Customer’s Content. The obligation of the Customer shall extend to the payment of all judgments, awards, losses, liabilities, costs, and expenses, including, but not limited to, all attorney and legal fees, and costs of litigation or other out-of-pocket costs, because of, the reproduction of the “Content” requested by the Customer.

4. TURNAROUND TIME

Standard turnaround time for orders is 10-14 business days from the time of Order Confirmation. A deposit will be required to proceed with moving a Quote to the Work Order stage. The Company will not proceed until approval has been made on artwork. The turnaround time does not include ship time. Some types of production may require additional time. The Company will observe all national holidays, thereby adding to the turnaround time. If the Customer must have an order by a specific date, please inform the Company; rush fees may apply. Fulfillment services, such as hang tags, folding, packaging, etc. may add to the standard turnaround time.

5. MINIMUMS

The Company requires a minimum order value of $125.00. The minimum order of garments purchased is 12 pieces.

6. PAYMENTS

Payment in full must be taken at the time of ordering. Those customers requesting Terms will be required to submit a Credit Application and references.

7. ART GUIDELINES/SETUP CHARGES

All Art must be submitted at 300dpi resolution or higher and sized to actual print size. Vector files, such as, EPS, PSD, AI, and PDF are preferred. All art is subject to an art charge if it cannot be submitted in a usable format. An Art fee of $20 per hour, will be charged when Art is received in an unacceptable format. *Note: artwork that is 2” x 3” raster (photo) image, and is expected to be printed at a size of 7.3” x 11” will always need to an artwork fee. Artwork will always pixelate at that rate. If that’s what you are going for, we can accommodate. However, we will give you at least two chances to see the error of your ways.

8. SETUP CHARGES

Various embellishments require that the Company setup a design to prepare it for production. The Customer will incur the expense of setting up a design. In certain instances, a repeat design will incur a setup charge that is less than the original charge. Even the slightest change to a previously created design will incur a new setup charge.

9. ART APPROVAL

For each embellishment, the Company will submit a proof for the customer’s approval. It is the customer’s responsibility to verify that all of the information on the proof is correct. This includes, but is not limited to, spelling, grammar, and/or design errors. If an error is found after the order has been approved and produced, the Company will not be held liable for the cost associated with reproducing the order. The Company assumes no liability for errors in designs approved by the Customer.

10. OUT OF STOCK ITEMS

The Company will not be held liable for delays due to manufacturer’s lack of inventory of items ordered by the Customer. In the event an item is found to be back ordered or out of stock permanently the Customer will be notified and provided with alternative options.

11. MANUAFACTURER DEFECTS

The Company will not be held responsible for garment inconsistencies related to size, color or construction. The Customer is hereby advised to account for such defects by ordering extra garments.

12. COLOR MATCHING

The Company retains certain stock colors; for an exact color match please request a list of Pantone matched colors. Pantone color matches or special order of non-stock color matches will incur a fee of $20. The Company will make every attempt to reproduce the colors as accurately as possible. However, certain ink colors may change in shade, tone, or intensity due to the color or composition of the fabric being printed. The Company is not responsible for such ink color variations.

Laundering or other means of cleaning is beyond our control; The Company will not be responsible for any damage to goods resulting from subsequent washing.

13. LOCATION AND SIZE

The Customer will be responsible to provide details regarding embellishment placement and size. If details are not provided, the Company will embellish in standard locations and sizes.

14. OVER/UNDER

The Company will not be held responsible for spoilage due to inconsistencies in the embellishment up to 5% of the order total. In some cases, extra garments will be included in an order, at the cost of the Customer. In the event that an order is shorted by the spoilage percentage, a credit will be given to the Customer for those items.

14.1. PLEASE NOTE: If the Customer must have an exact quantity the Company must be informed in advance to purchase the proper amount to account for spoilage.

15. DIFFICULT ITEMS OR DESIGN PLACEMENT

The Company requires that a “Check” be made first on some “difficult items or placements” to make sure the item can be embellished. An item or placement that is deemed “difficult” may incur an additional production charge.

16. ORDER CHANGES

The Company reserves the right to apply an additional charge of $30 to any additions made to an order, after the initial product is ordered by the Company. The Company also reserves the right to refuse any additions made to an existing order depending on the status of that order. If additions can no longer be made to an existing order a new order will be created. Customer acknowledges that any additions to an already existing order nullifies the original delivery date.

17. ALL SALES ARE FINAL

There are no refunds, returns or exchanges on custom decorated items.

17.1. ORDER CANCELLATION

If an order is cancelled by the Customer, a refund will be based on the status of the order. If product required for the order has been procured by the Company then a 35% restocking fee will be incurred on the value of the items ordered. If the order is complete, no refund will be issued.

17.2. RETURNS

The Company stands behind our work. We do not offer refunds on any order, however, we will re-do an order that has been deemed incorrect and found to be the fault of the Company. The Company must be notified within 48 hours of the delivery of the order that there is a problem with an Order. Once notified, every effort will be made to expedite the replacement order. If the Customer retains the original order, a discount will be given on those goods, otherwise the Customer will return the items within 3 days after notifying the Company. If items need to be re-shipped the Company agrees to cover the shipping using ground ship methods. If the shipping must be expedited, it will be at the expense of the Customer. Any goods being returned after the agreed upon timeframe will be refused unless a prior agreement has been made.

17.3. BANK CHARGES AND FEES

The Customer acknowledges that, since all sales are final, there will be no chargebacks or returned checks. In the event of a chargeback or returned check, Customer agrees to reimburse the Company, in cash, for all penalties and expenses.

18. CUSTOMER RELATIONS

The Company reserves the right to refuse work from individuals who are deemed unpleasant to deal with. Those individuals who are rude or inappropriate will be given the card of our competitors.

19. SAMPLES

All Samples provided to the Customer, by the Company, will be paid for by the Customer, and then applied to the Customer’s order. If the Sample(s) is (are) returned, a 35% re-stocking fee will be incurred.

19.1.1. TEAM SIZING

As a courtesy to the Customer, “Sample Sizing Packs” will be provided for teams to use for a “Try-On Event”. This only applies to those Customers who have provided a 100% deposit on the order.

20. SHIPPING

All orders being shipped at the request of the Customer will be at the expense of the Customer. Once an order is shipped, a tracking number will be provided to the Customer along with the details of the Order. All shipping of promotional products ordered by a Customer, will be incurred by the Customer. Final shipping charges will be provided to the Customer once items have shipped. A guesstimate of shipping charges on promotional products can be quoted in advance, however, the final charges may be different than the amount quoted. Customer acknowledges that all rules and regulations of the assigned Shipper will apply. All shipping charges are non-refundable.

20.1.1. BLIND SHIPPING

If Customer requests a Blind Ship to their Customer, they will incur all shipping costs in addition to a $10 handling fee.

20.1.2. SPLIT SHIPMENTS

If Customer requests an order be split shipped (more than one location), the Customer will incur all shipping costs, in addition to a $10 handling fee.

21. CUSTOMER SUPPLIED GOODS

If the Customer is supplying all or part of the goods in an order, the Customer takes full responsibility for those goods. The Company will not be liable for any defects or quality of the items provided by the Customer. If the goods are drop-shipped by a Manufacturer, the Company agrees to ‘check-in” items as it pertains to the order. The Customer will be notified of any discrepancies in color, size or quantity only. The spoilage over/under terms in Item 14 apply. The Customer is responsible for all shipping costs incurred from Manufacturer drop shipping items to the Company.

22. CARE AND WASHING INSTRUCTIONS OF EMBELLISHED ITEMS

All embellished items should be washed with care. All garments should be turned inside out when washing and put through a gentle cycle in cold water only, without chlorine bleach. Only hang dry and do not iron embellishment directly. Following these instructions will provide maximum durability and colorfastness.

23. ACKNOWLEDGEMENT AND AGREEMENT TO TERMS AND CONDITIONS

The Customer, by submitting an order, or request for an order, hereby agrees to the Terms and Conditions set forth and acknowledges that they have read and understand the Terms and Conditions outlined in this document.